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RFP Part Iii FW

The document outlines a Request for Proposal (RFP) for a 99-year lease for residential development on approximately 90,304 sqm of railway land in Belanganj, Agra, with a reserve price of 213.80 crores. Key dates include the commencement of e-bid document downloading on June 12, 2023, and the bid due date on July 25, 2023. Bidders are required to register on the e-tendering portal and comply with specific submission guidelines and formats as detailed in the document.

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0% found this document useful (0 votes)

37 views108 pages

RFP Part Iii FW

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nc29fxbdkj

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Grant of Lease for Residential Development on Railway Land of approx.

area 90,304Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years
(RFP Notice No:RLDA/2023/RFP/CD/34 Dated 06.06.2023)

MINISTRY OF RAILWAYS
RAIL LAND DEVELOPMENT AUTHORITY (RLDA)

REQUEST FOR PROPOSAL (RFP)

(RFP Notice No: RLDA/2023/RFP/CD/34 Dated 06.06.2023)

“Grant of Lease for Residential Development on Railway Land of approx. area 90,304Sqm, at
Belanganj, Agra(U.P) under Agra Division of NCR for 99 years”.

Land Area FAR Offered Reserve Price (In Crores)

Belanganj, Agra, 1.275

90,304Sqm. 213.80 Cr.
Division

S. No. Event Description Date(s)

1. Commencement of downloading of e-Bid Document 12.06.2023at 18:00 Hrs.
2. Pre-Bid Meeting: 19.06.2023 at 11:30 Hrs.
Details to be obtained from DGM/P-3 (Mob: 7678149900)

3. Last date of receiving queries 23.06.2023 up to 18:00 Hrs.

4. Reply to queries, Uploading of Amendments to e-Bid on 28.06.2023
website, if any
5. Last date of downloading of e-Bid Document 25.07.2023 upto 14:00 Hrs.
6. Bid Due Date/ last date of submission of e-Bid (the “e-Bid 25.07.2023 upto 15:00 Hrs.
Submission Date”)
7. Last date for submission of Bid Forms (Bid Forms 1 to 11, 16, As per Article 20.0 of ITB (Part III of
16A & 17 as applicable along with supporting documents) in Bid Documents)
original to RLDA in Cover-1 after submission of e-Bids.
8. Opening of e-Bids 25.07.2023 upto 15:30 Hrs.
9. For Site visit, interested Bidders may contact Mr. Sudhir Singh CPM/RLDA/Lucknow
(Mobile:9794883330, email: gmrldalko@gmail.com)/or Mr. Jagmohan C Laamba, DGM/P-3,
(Mob:7678149900, email: dgm_p3@rlda.railnet.gov.in, or Mrs. Anupam Sinha, Assistant
Manager/Project Lucknow (Mobile no. 9336286801 email: amrldalko@gmail.com), and Consultant of
the Project M/s Knight Frank India Private Ltd (e-mail: Alok.Sinha@in.knightfrank.com, Mobile: +91-
9818208062).
Note: 1. Bidder have to download the Bid documents from the e-procurement portal i.e.
www.tenderwizard.in/RLDA after registering themselves on portal and submit e-bids after
payment of Bid Processing Fee & Bid Document Fee before last date & time of downloading the e-
bids online.
2. All Bidders are advised to see Amendments to RFP, if any, before submission of the e-Bids. In case
the Bidder does not submit the amended Bid/Amendments, it will be presumed that Bidder has
seen the Amendments/Amended Bid and e-Bid shall be evaluated accordingly. the decision of RLDA
shall be final and binding in this regard.
3. Bids Shall be submitted through e-bidding mode only No other mode of submission shall be
accepted. June 2023

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 1

Grant of Lease for Residential Development on Railway Land of approx. area 90,304Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years
(RFP Notice No:RLDA/2023/RFP/CD/34 Dated 06.06.2023)

DISCLAIMER

1. The information contained in this Request for Proposal (hereinafter referred to as “Bid”)
document or subsequently provided to the Bidders, is subject to the terms and conditions
set out in this Bid document.

The purpose of this Bid document is to provide the Bidders with information to assist the
formulation of their Eligibility and Financial Proposal. This Bid document does not purport
to contain all the information for all the persons, and it is not possible for RLDA, their
employees or any of its agencies/consultants/advisors to consider the business/investment
objectives, financial situation and particular needs of each Bidder who reads or uses this
Bid document. Each Bidder should conduct its own investigations and analysis, and should
check the accuracy, reliability and completeness of the information in this Bid document
and where necessary obtain independent advice from appropriate sources. RLDA, their
employees or any of its agencies/consultants/advisors make no representation or warranty
and shall incur no liability under any law, statute, rule or regulation as to the accuracy,
reliability or completeness of the Bid document.

RLDA may in its own discretion, but without being under any obligation to do so, update,
amend or supplement the information in this Bid document.

2. The word “Technical Eligibility” wherever it is found in the instant RFP shall be read and
construe as “Construction Experience” except in para 4.0 (A).

*********************

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 2

Contents of the Bid Document

LDHB Part Item

Vol – I (Non-Variable)
LDHB Part-I Regulations for Bids and Lease Agreements
LDHB Part-II General Conditions of Lease Agreement and Annexures
Vol – II (Variable)
LDHB Part-III Instructions to Bidders and Bid Forms
LDHB Part-IV Special Conditions of Lease Agreement
LDHB Part-V Schedule and Specifications

NOTE: Part-I Regulations for bids & Lease Agreements, Part-II General Conditions of Lease
Agreement and Project Information Memorandum (PIM) are available on RLDA Website
www.rlda.indianrailways.gov.in and www.tenderwizard.in/RLDA and can be viewed/ downloaded
from there.

The “Part-III Instructions to Bidders (ITB) and Bid Forms” must be read in conjunction with other
Parts of the Bid Document. The contents of the Bid Forms and undertakings attached to the ITB to be
furnished by the Bidders shall be an integral part of the Bid Document.

“Part-I Regulations for Bids and Lease Agreements” and “Part-II General Conditions of Lease
Agreement and Annexures” of RLDA’s Land Development Handbook (LDHB) are Non-Variable
standard documents which are applicable for all projects. Part-I is for the guidance of Bidders to
understand the bidding process and submission of Bids. Part-II contains the general conditions of
Lease Agreement which a Selected Bidder has to satisfy along with Part-IV & V.

“Part-III Instructions to Bidders and Bid Forms”, “Part-IV Special Conditions of Lease Agreement” and
“Part-V Schedule and Specifications” of RLDA’s LDHB are variable documents applicable for the
specific project for which this Bid Document is issued/ is to be downloaded from above mentioned
websites.

This Bid Document sets out the bidding/evaluation process and provides necessary formats for
Bidders to prepare the Eligibility and Financial Proposals for implementation of the project – “Grant
of Lease for Residential Development on Railway Land of approx. area 90,304Sqm, at Belanganj,
Agra under Agra Division of NCR (U.P.) for 99 years”.

The prescribed formats for the submission of bids are annexed to this Section and must be strictly
adhered to by all Bidders.

The Bidders are advised to submit their bids complying strictly with the requirements stipulated in
this Bid document.

*********

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 3

PART-III

INSTRUCTIONS TO BIDDERS AND BID FORMS

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 4

CONTENTS
INSTRUCTIONS TO BIDDERS AND BID FORMS
S. No Item Page
No.
1. Instructions for online Bid Submission/e-bidding procedure/ Guidelines: 6-9
2. Introduction 10-13
3. Bid Documents 14-15
4. Bid Submission and Opening 16
5. Technical Eligibility and Financial Eligibility 18
6. Construction Experience 20
7. Eligibility for Consortium and Partnership Firm 22
8. Schedule of Payment 23
9. Bid Security 23
10. Construction Period 24
11. Evaluation of Bids 24
12. Success Fee 24
13. Execution of Lease Agreement 25
14. Minimum Paid-up Share Capital of Special Purpose Company 25
15. Pre-Bid Meeting 25
16. Scope of the Project 26
17. Relief against delay on account of OSR (open space for recreation) 26
18. SPC in case of Registered Trust or Registered Co-operative Society, with Charitable 26
objectives
19. Escrow Agreement 27
20. Foreign Company 27
21. Temporary changes in RLDA Tender Documents on account of lockdown due to 27
Covid-19 Pandemic.
Bid Forms
(i) Checklist for Eligibility Proposal 30
(ii) Checklist for Financial Proposal 35
(iii) Bid Form 1: Covering Letter 36
(iv) Bid Form 2: General Information about the Bidder 40
(v) Bid Form 3 (A): Undertaking for Construction Experience 42
(vi) Bid Form 3 (B): Information for Construction Experience 43
(vii) Bid Form 4: Information for Financial Eligibility 45
(viii) Bid Form 5: Joint Bidding Agreement 47
(ix) Bid Form 6: Bank Guarantee for Bid Security( Not applicable) 53
(x) Bid Form 7: Special Power of Attorney for signing of Bid 56
(xi) Bid Form 8: Special Power of Attorney in Favour of the Lead Member of Consortium 57
(xii) Bid Form 9: Undertaking from Bidder/Member of Consortium for Claiming 62
Experience of Holding/Subsidiary
(xiii) Bid Form 9A: Undertaking from Bidder/Member of Consortium for Claiming 65
Experience of Partnership Firm
(xiv) Bid Form 10: Undertaking from Holding/Subsidiary 68
(xv) Bid Form 10A: Undertaking from Partnership Firm 70
(xvi) Bid Form 11: Statement of Legal Capacity 72
Bid Form for Financial Proposal
(xvii) Bid Form 12: Financial Proposal 74

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 5

S. No Item Page
No.
Other Forms
(xviii) Form No 13: Format of Bank Guarantee for Installments of Lease Premium 80
(xix) Form No 14: Form of Lease Agreement 83
(xx) Form No 15: Format of Performance Guarantee 95
(xxi) Form No. 16: Sample Form of MoA of SPC 98
(xxii) Form No. 16A:Undertaking from Bidder for Not Winding-Up and / or Not 104
Amalgamation of the SPC
(xxiii) Form No. 17: UNDERTAKING alongwith Article 19 of ITB (Part III of Bid documents) 105

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 6

Instructions for online Bid Submission/e-bidding procedure/GuidelinesAccessing/ Purchasing of Bid

Documents

a- The complete, Bid Document can be viewed/downloaded (for view purpose only and not for
bidding)on free view tab of the e-tendering portal i.e.www.tenderwizard.in/RLDA free of cost
or link on Tender section of RLDA website.

b- A Vendor’s Manual containing the detailed guidelines for e-tendering system is also available
on e-tendering portal of RLDA.

c- It is mandatory for all the bidders to have class-III Digital Signature Certificate from any of the
licensed Certifying Agency (Bidders can see the list of licensed Certifying Agencies from the link
www.cca.gov.in) to participate in e-tendering of RLDA.

d- It is mandatory for the bidders to get their firm/company etc. registered with e-tendering
portal of RLDA, i.e. www.tenderwizard.in/RLDA to have user ID &password by submitting a
non-refundable annual Registration charges of Rs. 2500/- (Rupees Two Thousand Five
Hundred Only )plus applicable taxes to be paid online using the e-payment gateway to ITI
Limited through the portal address mentioned above.
Above charges can be paid online using the e-payment gateway to ITI Limited. The registration
so obtained by the prospective bidder shall be valid for one year from the date of its issue and
shall be subsequently renewed on payment of charges applicable at that time.
(i) Participant shall safely keep their User ID and password, which will be issued by the service
provider i.e., ITI Ltd. upon registration, and which is necessary for e-bidding.
(ii) Bidders are advised to change the password immediately on receipt of activation mail in
their own interest.
(iii) Bidders shall not disclose their User ID as well as password and other material information
relating to the e-bidding to anyone and safeguard its secrecy.

e- Bid documents shall be available online on website www.tenderwizard.in/RLDAfrom which

can be downloaded till the due date & time of downloading of e-bidding as per schedule of e-
bidding process mentioned in Clause 2.3 of Part-III [Instructions to Bidders & Bid Forms (ITB)].

(i) For downloading of bid documents, Bidder shall submit a non-refundable “Tender
Processing Fee @0.05% of Reserve Price/Estimated Cost with a minimum of Rs 550/- only and
maximum cap of Rs.5,000/- “exclusive of all taxes towards e-bid tender processing fee to be
paid online using the E-payment gateway to M/s ITI Limited through the portal address
mentioned above. In the case where estimated cost is not mentioned, then in such cases the
tender processing fee will be Rs. 2,000/- exclusive of all taxes.
(ii) The bidder shall have to pay a Bid document fee of Rs. 75,000/-plus applicable GST 18%
i.e., Total of Rs. 88,500/- (Rupees Eighty Eight Thousand Five Hundred Only) through online
portal i.e. www.tenderwizard.in/RLDA The Bid Document fee is non-refundable/ non-
transferable. The cost of Bid Documents has to be paid online before due date and time of
downloading of e-bid. There shall be no relaxation of MSME registered bidders.
Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 7
Grant of Lease for Residential Development on Railway Land of approx. area 90,304Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years
(RFP Notice No:RLDA/2023/RFP/CD/34 Dated 06.06.2023)

(iii) The Complete Request button shall not be highlighted till Bid Document Fee & Tender
Processing Fee are paid (red colored links are turned to black). Once payments have been
made then click on “Complete Request” button to complete the e-bid procurement purchase
and to become valid for bid participation process. This whole process is required to be
completed before the last date and time of sale / downloading of e-bid document.

f- Validity of Bidder’s Registration on the e- tender portal of RLDA

Bidders may note the following:
(i) It shall be the sole responsibility of the bidder(s) to keep the Registration valid up to the
original/extended date of submission of bids.
(ii) Bids can be submitted only during the validity of their registration.

g- RLDA may issue addendum(s)/corrigendum(s) related to the Bid documents. In such cases, the
addendum(s)/corrigendum(s) shall be issued and placed on website
www.tenderwizard.in/RLDA at any time before the closing time of Bid. The bidders who have
downloaded the Bid documents from e-portal must visit the RLDA’s e-tendering portal and
ensure that such addendum(s)/corrigendum(s) (if any) is also downloaded by them. This shall
be the responsibility of the prospective registered bidders to check the web site for any such
corrigendum/addendum till the time of closing of Bid and ensure that bid submitted by them is
in accordance with all the corrigendum(s)/addendums.

h- The documents available under Free View Section on the website may be downloaded for the
purpose of viewing only. Bidders may please note that downloading from free view section
shall not tantamount to purchase of Bid Document. The purchase of Bid Documents for
submission/uploading shall be available only after payment of respective fees under the
appropriate section on the web portal after logging in. Kind attention of the Bidders is hereby
invited to the e-bidding schedule {Para-2.3 of Part-III (ITB)} which clearly mentions the date
and time of sale/downloading of e-Bid Document which is one hour before the prescribed
time of e-bid submission. So, the bidders in their own interest are advised to pay the
respective fees accordingly well before the closing time of purchase/downloading of Bid
Documents.

i- Bidders cannot download & submit the bid after the due date and time of e-bid
downloading/submission {refer clause 2.3 of Part-III (ITB)}. Time being displayed on e-
tendering portal of RLDA (“Standard Time”) shall be final and binding on the bidder. E-Bids are
required to be submitted by bidders, only as per the Indian Standard Time (IST) and not the
time as per their location/country.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 8

MODIFICATION/SUBSTITUTION/WITHDRAWAL OF APPLICATION/BID:
In the event of modification/substitution/withdrawal of the Application/Bid, the bidder may
modify, substitute or withdraw the documents of its Application/Bid after submission prior to
the Bid Submission due date and time {Refer Clause 2.3 of Part-III (ITB)}.

j- For withdrawal of the documents of the Application/Bid, the bidder will have to click on
withdrawal icon at tender Wizard (e-tendering portal) and can withdraw its Application/Bid.
However, it may be noted that once the bid has been withdrawn, the bidder cannot participate
again for the same e-bid. The bidder may modify or substitute the Bid documents after
submission, provided that the bidder updates the old documents submitted in the electronic
form from the tender Wizard (e-tendering portal) and also upload the modified or substituted
documents.
NOTE: Do not withdraw your bid in case of any modification/substitution of application/bid.
Withdrawal shall not allow further participation/modification/substitution of
application/bid.

k- The bidders are advised to submit their e-bids online well before the e-bid due date & time.
RLDA/ M/s ITI LIMITED shall not be responsible for any delay in submission of e-bids for any
reason whatsoever. No other mode of Bid submission is acceptable. Detailed credentials as
per the requirement of eligibility criteria and all Bid papers are to be submitted online.

l- The complete application shall be digitally signed by the Authorized Signatory of the bidder &
submitted “online” and Bid Sheets should be filled and submitted “online” only. Scanned
copies of various documents can be prepared in different file format (PDF, JPEG). Bidders can
upload a single file of size 5 MB only, but they can upload multiple files.

m- Submission of e-bids: The e-bids shall be submitted in two covers viz.-Technical Bids i.e., RFP,
III, IV & V alongwith Check List/ with required Documents to be submitted in Cover-1 and
Financial Proposals to be submitted in Cover-2. All the documents of Cover-I and Cover-2 shall
be digitally signed by the Bidder/ Authorized Signatory.

NOTE:

Bidders may please note that the e-bid is to be submitted with digital signature of authorized
signatory only. The hard copies of the documents required to be submitted as per the e-
bidding schedule should also be signed by the same very authorized person whose digital
signature has been used in the e-bidding process.

(A) TECHNICAL PROPOSAL/ BIDS: (Cover-I)

(I) The Bid documents shall be submitted online on or before due date/ time asper
Schedule of e-bidding process with Bid processing fee to be paid online using the e-
payment gateway to ITI Limited through the e-tendering portal. Detailed credentials as
per the requirement of eligibility criteria / as per check list and all Bid documents are to
be uploaded online with digital signature on www.tenderwizard.in/RLDA.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 9

(II) The Bid Security payment shall be paid online on e-bidding portal using the e-payment
gateway to ITI Limited.
(III) The cost of bid documents has to be paid before the due date & time of downloading of
e-bid document as per clause 2.3 of Part-III (ITB).

(B) FINANCIAL PROPOSALS/Bids (Cover–2): All financial proposals/ documents along with check list
in separate cover to be uploaded online with digital signature on www.tenderwizard.in/RLDA.

e-Tendering Registration
080-45811365 twregdelhi@etenderwizard.com
Registration Help Desk
Queries
DSC Queries Help Desk dscdelhi@etenderwizard.com
080-45811365
For e-Tendering 080-45811365 suraj@etenderwizard.com
Mr. Suraj
Queries Mob:
Singh
9599653865

Note:-

1. The Bidder /Authorized representative shall submit E-bids online with his digital signature and
the same person who has digitally signed e-bids shall sign requisite Bid Forms.

2.FOREIGN COMPANY:
Foreign Companies are not eligible to bid for Tenders for value upto Rs. 200 Cr. as per Letter
No. F.12/17/2019-PPD dt. 28.05.2020 issued by Ministry of Finance, GoI Ministry of Finance,
Govt. of India.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 10

PART-III
RAIL LAND DEVELOPMENT AUTHORITY

INSTRUCTIONS TO BIDDERS AND BID FORMS

(This should be read with Part-I of Land Development Hand Book (LDHB) Regulations for Bids and
Lease Agreements. The reference to clause of LDHB Part-I has been shown in [ ] wherever relevant).
Tender No: (RFP Notice No: RLDA/2023/RFP/CD/34 Dated 06.06.2023)
Name of Site (s): Belanganj, Agra, Agra Division.
Name of Project: “Grant of Lease for Residential Development on Railway Land of approx. area 90,304Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years”.

1.0 Introduction

1.1 Rail Land Development Authority (RLDA) has been authorized by the Ministry of Railways to
undertake the commercial development of Railway Land at Belanganj, Agra under Agra
Division of NCR (U.P.), India. The Site is situated at Belanganj, adjacent to Agra City Railway
Station. Details are as below:

S. Description Details
No.
i. Site Belanganj, Agraunder Agra Division ofNC Railway
ii. Site Code 12533304
iii. Land Area 90,304 Sqm.
iv. Location The site is an old railway yard compound in the
vicinity of Agra City Railway Station. The site is
located approx. 1 km away from the western bank
of river Yamuna in the city of Agra. The famous
monument Taj Mahal is approx. 6 km away from
the site and has direct access through NH 21 via
Agra Fort.
v. Revenue District Agra
vi. City Agra
vii. State U.P.
viii. Railway Division Agra
ix. Zonal Railway North Central Railway
x. Utilizable FAR Offered As per DCR Norms applicable FAR is 1.50 for Group
Housing.
However, Utilizable & offered FAR is 1.275 w.r.t
complete land plot
For any increase/decrease in FAR, provision of Para
5.2 and 5.4 of GCLA along with provisions of SCLA
should be applicable.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 11

xi. Additional/Premium FAR For making FAR flexible as per market demand,
provision of purchasable FAR is kept in the DCR
norms of Agra area subject to fulfillment of certain
conditions and restrictions. The developer shall be
allowed to purchase additional/Premium FAR from
the local authority as per development control
norms of the State of Uttar Pradesh/Agra
Development Authority and cost/fee shall be solely
borne by developer.
xii. Land Use As per Agra Master Plan 2021, land parcel under
consideration falls in “Railway Transport”. The
adjacent area in the master plan is “Nirmit Kshetra”
The land use proposed is Residential. The exemption
from CLU has been notified vide UP GO number
1/2021/138/Eight-8-2021-12LUC/2020, Lucknow
dated: 03.03. 2021

xiii. Development Proposed and Residential use for a lease term of 99 years with
Lease Term 0.5% commercial use. The additional commercial can
also be planned by paying additional premium,
provided it is permitted by the Development
Authority.

The site is bounded by:

Description Land
North Moti Lal Nehru Road
East Arterial Road
South Residential Colony
West 6m wide arterial road

The site:

Longitude 78°01'15.6"E
Geographical Location
Latitude 27°11'52.1"N
Land Records Copy available in Part-V
Local Development Authority AgraDevelopment Authority

The Site Features:

1.1.1 The Belanganj Railway yard was formerly used by Railways for Goods transport for Agra City.
This yard is currently not in use and is lying unused and vacantwith a plot area of 9.03
Hectare (As per survey conducted by Architect consultant). The site has some old structure in
the form of rooms, 4 large platform sheds with coverage ranging from 2,300-2,800 Sq. Mt.,

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 12

old trees and some seasonal bushes inside the premise. Proposed site of Belanganj plot is
situated near the Agra City Railway Station in Uttar Pradesh, which comes under the “Railway
Transport” zone as per Master Plan 2021.Apart from that there are old track structure and
portals/masts for supporting 25 KV overhead equipments (OHE). This is a property of Agra
Division and has to be handed over to concern officials of Agra Division.
1.1.2 The site has a direct approach from the Moti Lal Nehru Road, connecting the site with NH 21.
site is located approx. 5 km from the historical monument the Taj Mahal and approx. 4.5 km
from the Agra Fort which can be directly accessed from the site through NH 21. The Agra
airport, also a military airbase, which serves the city is located approx. 9 km from the subject
site, connecting major cities of India like Ahmedabad, Bangalore, Mumbai and Lucknow.
1.1.3 The site is clear piece of land with clearly identified boundary line with no encroachments.
1.1.4 The site being in close proximity to the Taj Mahal and the high-rise buildings can have a clear
view of it on the bank of river Yamuna. The land parcel has got an excellent frontage towards
18 m wide Motilal Nehru Road.
1.1.5 The permissible ground coverage for Group Housing is 40% and permissible FAR for Group
housing is 1.50 shall be permissible in Nirmit Kshetra. However, the Utilizable and offered
FAR is 1.275 w.r.t complete land plot.
1.1.6 The current land use of the site is “Railway Transport”. as per master plan. However, the
surrounding area as per master plan is “Nirmit Kshetra”. The proposed development is
residential. In terms of latest GO issued by UP Government vide Notification No.
1/2021/138/Eight-8-2021-12LUC/2020, Lucknow dated: 03.03. 2021, Railway Land has been
exempted from the requirement of change in land use.
1.1.7 For site plans and site inventory, please refer Schedule and Specifications (RLDA Part-V).
1.1.8 The site is to be given on a “99 Years” lease for any type of use under “Residential” use
permitted as per DCR norms of Agra.

RLDA has invited bids from the interested eligible Bidders through Bid No. RLDA/2023/RFP/CD/34
Dated 06.06.2023.

Published in leading national and regional newspapers along with on e- procurement portal of
RLDA, i.e.www.tenderwizard.in/RLDA for the above Site situated at Belanganj, Agra(U.P.) of Agra
Division/ North Central Railways.

1.2 Bid System: - Bidding process for the selection of the Bidder for the Project will be carried
out in an online single Stage Bid (two cover) system consisting of “Eligibility Proposal” in the
first cover and “Financial Proposal” in the second cover. The Bidding shall be done through
e-tendering mode only and all Bid Forms & related documents are to be submitted online.
However, Bid Forms No.1, 2,3(A), 3(B), 4, 5, 6, 7, 8, 9, 9(A), 10, 10(A), 11, 16A & 17 (original)
under “Eligibility proposal” shall be submitted in hard copy also as detailed in Article 19
below.

1.3 Bid Variable: - The Lease Premium specified in the Bid Form – 12 shall be the Bid Variable for
the selection of the Bidder. Taxes as applicable (like GST if any etc.) shall be payable by the
Bidder in addition to the amount of the Lease Premium quoted in its Financial Proposals.
Bidders are free to quote any amount as Lease Premium, but not below the Reserve Price.
Bidders are required to quote the amount for Lease Premium (The taxes and fee as
applicable shall be borne by Developer) as provided in the Bid Form-12 as their Financial

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 13

Proposal. The area of Site shown in Bid Form is approximate and is subject to variation
according to actual measurement at the time of handing over the Site and in case of any
change in Land Area and/or FAR; the Lease Premium shall get pro rata modified accordingly as
per the terms and condition of SCLA and GCLA.

1.4.1 Reserve Price:

Name of Site Area FAR Reserve Price

Offered (In Crores)
Belanganj, Agra under
90,304 Sqm 1.275 213.80 Cr.
Agra Division

Moreover, RLDA also reserves the right not to accept the highest or any other Bid above
reserve price, without assigning any reason whatsoever. For the right of RLDA to deal with
bidders Clause 23 of Part-I of Bid documents (Regulations for Bids and Lease Agreements)
may be referred.

1.4 Definition of Bidder: As per Clause 2(ii)(c) of LDHB Part-I [Regulations for Bids and Lease
Agreement].

1.5 Bid Validity Period: -120 days from the date of opening of Bid.

1.6 The word “Bank Guarantee” should be read as “Bank Guarantee Bond” wherever appearing
in Bid documents.

Note: Bank Guarantee Repository System (BGRS) in RLDA – While issuing Bank Guarantee
applicant must mention receiver’s details as ICICI Bank IFSC ICIC0000007, Branch Connaught
Place, New Delhi, at which SFMS IFN 760 message shall be sent by issuing Bank through SFMS,
to establish the authenticity of issued BG.

1.7 The Bidders can examine the relevant papers of the Site such as land plan and property card
available with RLDA before submission of the Bid. Any sub-divisioning of the Site, if required,
has to be done by the Selected Bidder at his own cost. RLDA shall provide all necessary
support in this process but shall not be held responsible for any delay on account of any
shortcoming in land plan, property card and sub-division and no demand for any
compensation can be raised against RLDA on this account.

2.0 Bid Documents

2.1 The following documents collectively form the Bid Document: -
2.1.1 Project Specific:
a) Instructions to Bidders and Bid Form-1 to 16 [RLDA Land Development Hand Book
Part III].
b) Special Conditions of Lease Agreement [RLDA Land Development Hand Book Part IV].
c) Schedules and Specifications [RLDA Land Development Handbook Part V].

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 14

2.1.2 Standard: Common for All Projects Regulations for Bids and Lease Agreements
[RLDA Land Development Handbook Part I].
a) General Conditions of Lease Agreement and Annexures [RLDA Land
Development Handbook Part II]. (Annexure A & B have been amended vide
Corrigendum & Addendum dated 11.05.2020)
2.1.3 Standard Bid documents [LDHB Part-I & II] can be downloaded from the e-
tendering portal www.tenderwizard.in/RLDAor RLDA website
(http://www.rlda.indianrailways.gov.in/).

2.1.4 Project Specific Bid documents [LDHB Part III, IV & V] along with Standard Bid
documents [LDHB Part I & II] for this Project can be downloaded (without any payment
of bid document fee for viewing only but participation in bids can be done only after
payment of bid document fee for site)from e-tendering
portalwww.tenderwizard.in/RLDAandRLDAwebsitewww.rlda.indianrailways.gov.inby
due date/time as per Clause 2.3(Schedule of e-bidding Process).

2.1.5 Bids unaccompanied by either the Bid Document Fee or the receipt of submission of the
same will be summarily rejected.

2.2 Bid Participation

2.2.1 For participation in the bid, the applicant will have to pay a Bid document fee of
Rs.75,000 + applicable GST 18% i.e., Total of Rs.88,500 (Rupees Eighty Eight
Thousand Five Hundred Only) through an online portal i.e.
www.tenderwizard.in/RLDA. The Bid Document fee is non-refundable/ non-
transferable. The cost of Bid Documents has to be paid before the due date and time
of downloading of e-bid. (Refer Clause 2.3 of ITB). The GSTIN of RLDA is
07AAAGR0030G1ZT. There shall be no relaxation of MSME registered bidders.

2.2.2 Fordownloading of e-bid documents, Bidder shall also submit a non-refundable

processing fee@0.05% of Reserve Price / Estimated Cost with a minimum of Rs 550/-
only and maximum cap of Rs. 5,000/-plus applicable taxes to be paid online using the
e-payment gateway to ITI Limited before date & time of downloading of e-bid. In the
case where estimated cost is not mentioned, then in such cases the tender processing
fee will be Rs.2,000/- exclusive of all taxes.

2.2.3 The Bid Document Fees once paid shall be non-refundable & non-transferable.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 15

2.3 Schedule of e-bidding Process

The important dates for the e-bidding Process are as following, subject to changes, if any,
which will be advised through addendums/amendments:
S. No. Event Description Date(s)
1. Commencement of downloading of e-Bid Document 12.06.2023 at 18:00 Hrs.
2. Pre-Bid Meeting: 19.06.2023 at 11:30 Hrs.
Details to be obtained from DGM/P-3 (Mob:
7678149900)
3. Last date of receiving queries 23.06.2023 up to 18:00 Hrs.

4. Reply to queries, Uploading of Amendments to e- 28.06.2023

Bid on website, if any
5. Last date of downloading of e-Bid Document 25.07.2023 upto 14:00 Hrs.

6. Bid Due Date/ last date of submission of e-Bid (the 25.07.2023 upto 15:00 Hrs.
“e-Bid Submission Date”)
7. Last date for submission of Bid Forms (Bid Forms 1 As per Article 20.0 of ITB (Part
to 11, 16, 16A & 17 as applicable along with III of Bid Documents)
supporting documents) in original to RLDA in Cover-
1 after submission of e-Bids.

8. Opening of e-Bids 25.07.2023 upto 15:30 Hrs.

9. For Site visit, interested Bidders may contact Consultant of the site M/s Knight
Frank (India) Pvt Ltd and contact persons are Mr. Alok Sinha (Mobile: 9818208062)
email : Alok.Sinha@in.knightfrank.com

2.4 Addresses for Communication:

2.4.1 All notices related to this Bid including Clarifications/Amendments/Addendums to the
Bid document shall be available on www.tenderwizard.in/RLDA under “Tenders”.
2.4.2 Interested Bidders may obtain further information from: -
A. For Site related information:
(i) Chief Project Manager/Lucknow (e-mail: cpmlko@rlda.railnet.gov.in)
Tel: 0522-2975661; Mob: 9794883330
(ii) Dy. General Manager/P-3(e-mail: dgm_p3@rlda.railnet.gov.in)
Tel: 011-23232854; Extn:220 Fax: 011-23232835, Mob: 7678149900)
(iii) Asst. Manager (Project.), Lucknow
(E-mail : amrldalko@gmail.com),Mob:9336286801:
B. Consultants of the Site: M/s Knight Frank (India) Pvt Ltd
Mr. Alok Sinha (Mobile: 9818208062) email : Alok.Sinha@in.knightfrank.com

C. For Tender related information from:

AM/Tender (e-mail: amtender@rlda.railnet.gov.in)
Tel: 011-23232854; Extn: 139 Fax: 011-23232835.Mob: 8750554811

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 16

2.4.3 All communications, including the covers, should contain the following information, to
be marked at the top in bold letters:

(RFP Notice No: RLDA//2023/RFP/CD/34 Dated 06.06.2023)

For
“Grant of Lease for Residential Development on Railway Land of
approx. area 90,304Sqm, at Belanganj, Agra Division (U.P.) for 99 years”.

2.4.4 The address for all communications shall be: -

Deputy General Manager (Tender),
Rail Land Development Authority (RLDA),
Unit No. 702-B. 7th Floor, Konnectus Tower,
DMRC Building, Ajmeri Gate, New Delhi-110002

3.0 Bid Submission and Opening: - The Bidders shall submit their bids in the following manner:

3.1 Eligibility Proposal - In Electronic form and Original (Cover-1) shall contain the following
documents duly filled in:
(i) Duly filled up and digitally signed/signed ‘Checklist of documents as per format’.
(ii) Duly digitally signed/signed ‘Instructions to Bidders’.
(iii) Duly filled up and digitally signed/signed/executed Bid Forms 1 to 11, 16, 16A & 17 as
applicable.
(iv) Duly digitally signed/signed Form Nos.13 to 16.
(v) Duly digitally signed/signed Documents required on Constituents and shareholders to
establish that the Bidder does not have a conflict of interest.
(vi) Bid Security to be paid online mandatorily.
(vii) Duly digitally signed/signed Instructions to Bidders and Bid Forms [LDHB Part-III].
(viii) Duly digitally signed/signed Special Conditions of Lease Agreement [LDHB Part- IV].
(ix) Duly digitally signed/signed Schedules and Specifications [LDHB Part-V].
(x) Duly signed Copy of RFP Notice and Corrigendum/Addendum.

3.2 Financial Proposal - (Cover-2) of the Bid will contain only the Financial Proposal in the Bid Form
12. This has to be submitted on-line only and no hard copy has to be submitted.

3.3 Cover-1 and Cover-2 should be submitted online in digital format. However, Cover-1
containing items as per clause 3.1 (iii) above shall also be submitted in hard copy as detailed
in Article 19.

Note: -The Financial Proposals of Bidders shall be opened who are

found to qualify financial eligibility criteria, their bids found responsive& have submitted Bid
Document Fee, Bid Security and other requisite documents by due date & time.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 17

The Cover-1 should be addressed to:

Deputy General Manager/Tender,
Rail Land Development Authority (RLDA),
Unit No. 702-B. 7th Floor, Konnectus Tower,
DMRC Building, Ajmeri Gate, New Delhi-110002

3.4 Bid Security can be paid online on e-tendering portal using the e-payment gateway to ITI Limited.

3.5 e-bids/ Eligibility Proposals (Cover-1) will be opened at due date &time as per schedule of e-
bidding process. The Financial Bids (Cover-2) of only those Bidders who are found to be eligible as
per their Eligibility Proposal shall be opened at a subsequent date after evaluation of Eligibility
Proposals. The date of opening of Financial Bids will be decided by RLDA and communicated to all
eligible Bidders either through e-mail or on e-tendering portal.

3.6 Bids documents containing erasures and /or alterations are liable to be rejected. Corrections
made by bidder(s) must be attested by the authorized signatory.

4.0 (A) Technical Eligibility-

NIL
The Technical Eligibility required to be met by the Bidder is NIL.
4. 0 (B)Financial Eligibility
4(B).1 The Financial Eligibility required to be met by the Bidder and to be submitted in
Bid Form No- 4 is:
Minimum average annual Total / Gross Turnover of the Bidder during the last 3
(three) financial years preceding the Bid Submission Date i.e.,2019-20, 2020-21
& 2021-22 should be as specified here under against the site:
Name of Site Area Minimum Average
Annual Total/Gross Turnover

Belanganj, Agra under Agra Division 90,304 Sqm

Rs.40.00 Crore
of NC Railway

OR
Net Worth of the Bidder: - The Bidder should meet the net worth requirement as on
31st March, 2022 (31st March of last financial year) as specified hereunder: -
Name of Site Minimum Net Worth

Belanganj, Agra under Agra Division of NC

Rs. 40.00 Crore
Railway

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 18

Note: 1. The Bidder shall be required to submit the Bid Form 4 duly certified by the
Statutory Auditors, based on the audited financial statements/income tax
return.
Note:2. In case a bidder is bidding for more than one site, then computation of
“Financial” eligibility criteria shall be computed by adding the requirement
for the respective Land Parts.
4(B).2 For clarity of Part-III (ITB Bid Form-4) and this RFP:
(a) term “Total/Gross Turnover” shall have the following meaning:
“Total/Gross Turnover” means, the gross amount of revenue, from the Bidder /
Member of Consortium, duly recognized in the audited Profit and Loss Account from
the sales and/or supplies and/or distribution of goods and/or on account of services
rendered, and/or all other incomes, by a Bidder/Member of Consortium during a
financial year in the ordinary course of such activities / business(s) and as certified by
its / their Statutory Auditors as per format in Bid Form-4.”
(b) term “Net worth” shall have the following meaning:
“Net Worth” shall mean (Subscribed and Paid-up Equity Capital (not to include any
Share Application Money/Preference Share Capital) including Equity/Security
Premium+ General Reserves) Less (Revaluation Reserves +Accumulated Losses +
Miscellaneous Expenditure not written off + Accrued Liabilities not accounted for +
Intangible Assets).

4.(B).3 The Financial Eligibility shall be based on the audited annual financial statements /
income tax returns of the last three Financial Years of the Bidder ending March 31st
preceding the Bid submission date (the “cut-off date”). In the case of a Bidder whose
financial year does not end on the 31st of March, the annual financial statements of
the last three financial years just preceding the cut-off date will be considered.
Financial Statement for part year will not be accepted.
4.0 (C) Construction Experience

Construction Experience: As part of its application, the bidder shall furnish an undertaking
as per Bid Form 3A, if selected in the current qualification process then the Bidder shall
comply with this Clause 4.0 (C).

Construction Experience:

i.For demonstrating construction experience, the Selected Bidder, or an entity contracted by

the Selected Bidder, shall over the past 10 (ten) financial years immediately preceding the Bid
Submission Date, shall have minimum experience as follows:

a. The Bidder, or an entity contracted by him, should have successfully completed (as a
developer or contractor or owner) at least a single real estate project (Residential,
Commercial, Township or Institutional etc.) * during the last 10 (ten) years preceding the Bid
Submission Date as specified below;

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 19

S. No Name of Site(s) Minimum Built Up Area of one real estate

project for each Site
1 31502.07 Sqm.
2
3

The Bidder, or an entity contracted by him, should have successfully completed (as a
developer or contractor or owner) at least the cumulative built-up area of multiple real estate
projects (Residential, Commercial, Township or Institutional etc.) * during the last 10 (ten)
years preceding the Bid Submission Date as specified here under.

S. No Name of Site(s) Minimum Cumulative Built-Up Area of one real

estate project for each Site
1 1,57,510.39 Sqm
2
3

c. In terms of sub-clause (a) & (b) of 4.0(C), partly completed projects shall be permitted for
accounting of built-up area for fulfilment of the above requirements provided construction of
that built up area has been completed and the area is ready for occupation and the same is
certified as such on the Bid Form-3B

ii. To satisfy the construction experience as mentioned above selected bidder has to submit the
relevant information as per Bid Form 3B along with necessary supporting documents like
agreement with the contracted entity, Letter of award of work, and completion certificate of
concerned projects from the competent authority and any other documents as called by RLDA. The
decision of RLDA regarding fulfilment of construction experience shall be final and binding. The
Construction Experience of self or of the contracted Entity shall be submitted by the selected
bidder within 105 days from the date of issue of LOA. The Entity contracted by the selected bidder
shall be continued till the completion of the project.

iii. The Entity contracted by the selected bidder and whose Construction Experience has been
used, is normally not allowed to leave during the ongoing construction. In exceptional
circumstances, if the selected bidder has to leave the contracted Entity during ongoing
construction, then the new Entity with similar or higher experience may be allowed to be
contracted with prior approval of the RLDA.

iv. The EMD/Bid Security will not be refunded till the approval of Construction Experience
Credential by RLDA.

v. If the Construction Experience of the bidder or the contracted Entity of the bidder, is not found
in accordance with the provisions of the RFP documents or the selected bidder fails to submit the
Construction Experience of self or of the contracted Entity within stipulated time, then action as
contained in Undertaking (Bid Form 3A ), submitted by the bidder, shall be taken i.e. LoA shall be

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 20

cancelled, the EMD/Bid Security shall be forfeited and Liquid Damages, if any prescribed in bid
document, shall also be imposed.

vi. On account of the above, if there is any contradiction with respect to other provisions
elsewhere in bid documents, the provisions of this para shall prevail.

* The Bidder should have successfully completed (as a developer or contractor or

owner), in the last 10 (ten) years preceding the bid opening date, at least one real
estate project equivalent to a minimum of 20% of the size of the proposed Projector
multiple real estate projects with aggregate minimum size equal to the size of the
proposed Project, the size being measured in terms of built-up area. Partly
completed projects would also be permitted for accounting of built-up area for
fulfillment of the above requirements provided construction of that built up area has
been completed and the area is ready for occupation and the same is certified as
such on the respective Bid Form-3B.

5.0 (A) Eligibility for a Consortium:

5.(A).1 In case the Bidder is a consortium, the aggregate Financial Eligibility of individual
Members of the consortium can be considered for meeting the minimum
required criteria provided each of such Members holds at least 26% of the equity
in the consortium. Further, the lead Member of the consortium must have a
minimum of 50% of the Financial Eligibility specified in sub -Para 4.0 (B) above.

5.(A).2 Consortium Requirements

Bids submitted by a consortium of Bidders must comply with following
requirements:
a) The number of Members shall not exceed [4 (four)] Members, each meeting
the requirement specified in Clause 5.1 above.
b) The Consortium shall furnish a joint bidding agreement (the “Joint Bidding
Agreement”) on an on-judicial Stamp Paper of a minimum of Rs.100/-
(Rupees one hundred only) as per the format provided in the relevant Bid
Form, which shall be legally binding on all the Members. In case the
Consortium is selected, the Joint Bidding Agreement shall continue in full
force and effect till the Lease Agreement becomes Effective and there after
the legal liabilities of the Members shall be governed by the relevant equity
lock in provisions of the Lease Agreement. However, in case the Consortium
does not get selected for award of the Project, the Joint Bidding Agreement
will stand terminated on return of the Bid Security by RLDA.
c) One of the Members of the Consortium holding at least 26% (twenty-six per
cent) of the paid up and subscribed equity/ownership stake in the
Consortium as well as contributing a minimum of 50% (fifty per cent) of the
specified Financial Eligibility shall be authorized and nominated as the Lead

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 21

Member to act and represent all the Members of the Consortium for bidding
and implementation of the Project. This authorization shall be evidenced by
submitting a Power of Attorney signed by legally authorized signatories of all
the Members as per the format provided in the relevant Bid Form.
d) Change of the Lead Member will not be allowed under any circumstance.
e) A Bidder or a Member of a consortium can be a Member in only one
consortium of Bidders; if a Bidder/Member participates in more than one
Bid for the same Project/Site, all Bids of which it is a part would be
summarily rejected.
f) All Members of the consortium of Bidders shall be liable jointly and
severally for the execution of the Project.
5.(A).3 In case the bidder is consortium, the lead member of the consortium must have
a minimum of 50% of the Financial Eligibility specified in sub – Para (b) above.

5.0 (B) Eligibility for a Partnership Firm:

5.0. (B).1. A registered Limited Liability Partnership firm (LLP) is eligible for bidding.

5.0. (B).2. Other than registered Limited Liability Partnership firm (LLP) are not eligible,
however in case, Partner(s) of such Partnership Firm can participate as
individuals or form a Consortium. The Financial experience of the partnership
firm can be considered as the experience of the Partner(s) in proportion to their
respective stakes in the Partnership Firm for Financial eligibility of such
Bidder/Member of Consortium.

5.0 (B) 3. The following requirements also need to be fulfilled:

i. The Partnership Firm must be a registered partnership firm under the

provisions of Partnership Act, 1932.
ii. Certified true copy of the Partnership Deed shall be furnished with the Bid
for the relevant period so as to ascertain the minimum average annual
total/gross turnover.
iii. The Firm must be in existence and in operation during the Bid Submission
Date.
iv. The statement related to financial eligibility of the Partnership Firm shall be
duly certified by a Statutory Auditor/practising Chartered Accountant.
v. The Partnership Firm shall furnish an undertaking to support the Bidder, in
the Bid Forms- 9A & 10A. This undertaking must be signed by all Partners of
the Firm or by Partner duly authorised by all Partners in this behalf.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 22

6.0 Schedule of Payment

The payment of Lease Premium and Annual Lease Rent is required to be made as per the
Schedule of Payment in Bid Form -12. The payments of First Annual Lease Rent shall commence
from the day after the execution of Lease Agreement and shall continue to be paid every year
in advance at the beginning of each financial year (not later than 10thApril) till the expiry of the
Term of the Lease Agreement. However, the Annual Lease Rent for the first financial year or part
thereof shall be payable in advance at the time of signing of the Lease Agreement.

7.0 (A)Bid Security

(i) The amount of Bid Security for the Site shall be as under:
Name of Site Area Amount of Bid Security

90,304 Sqm Rs.1.25 Crore

B Belanganj, Agra under Agra Division (Rupees One Crore Twenty Five
Lacs only)

(ii) The requisite Bid Security shall be accepted only though online mode, processed
through RLDA E-tendering Portal, using E-payment Gateway. Other modes like pay
order, demand draft, bankers cheque etc. shall not be accepted. Bid Security
received online in any of RLDA’s accounts directly, and not through the E-tendering
portal, shall also not be acceptable. There shall be no relaxation of MSME registered
bidders.
(iii) Clause 12.2 & 12.3 of Part-I Regulations of Bids and Lease Agreement (LDHB) shall
not be applicable in this case.

The Bid Security shall be paid online on e-tender portal using the e-payment gateway
to ITI Limited.

(B) Commitment Security:

(i) LOA shall be issued to the Selected Bidder only after receipt of the Commitment
Security.
(ii) The Selected Bidder shall deposit Commitment Security of an amount of Rs.2.0 Crore
(Rupees Two Crore only) in the form of Demand Draft or Banker’s Cheque(s) issued
by a Nationalized Bank or Scheduled Bank as approved by RBI in India, drawn in
favour of the ‘Rail Land Development Authority’ and payable at Delhi within 30
(Thirty) days of issue of Letter of Demand from RLDA. In case the 30th day happens
to be a holiday then the next working day in RLDA office is deemed to be the 30th
day
(iii) In the event that two or more Bidders quote the same amount of highest Lease
Premium (the “Tie Bidders”), RLDA shall ask the Tie Bidders to submit the
Commitment Security and on having received the Commitment Security, RLDA may
ask the Tie Bidders to submit their revised Financial Bid with the amount of Lease
Premium quoted earlier by the Tie Bidders as the Reserve Price for such Bid. The
Bidder among the Tie Bidders, who quotes the highest Lease Premium in the revised
Financial Bid, will be declared as the Selected Bidder and the Commitment Security

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 23

submitted by other Tie Bidders shall be returned without any interest within seven
(7) working days of opening of the revised Financial Bids.
(iv) LOA shall be issued, in duplicate, to the Selected Bidder only after receipt of the
Commitment Security. The Selected Bidder shall, within 7 (seven) days of receipt of
LOA, sign and return the duplicate copy of LOA in acknowledgement thereof. In the
event, the duplicate copy of LOA duly signed by Selected Bidder is not received by
the stipulated date, RLDA may, unless it consents to extension of time for submission
thereof, forfeit the Bid Security and the Commitment Security of such Bidder as
mutually agreed genuine pre estimated loss and damage suffered by RLDA on
account of failure of the Selected Bidder and to acknowledge the LOA, and the next
eligible Bidder may be considered.
(v) The Commitment Security of the Selected Bidder shall be adjusted in the payment to
be made to RLDA towards the First Instalment of the Lease Premium.
Notwithstanding anything contained in this RFP, in the event the Commitment
Security is not provided within the stipulated time, RLDA at its own discretion shall
have the right to forfeit the Bid Security and take further actions as per terms of Bid
Documents.
(vi) However, if Bid Security is forfeited in terms of Clause 12.6 of LDHB Part-I
[Regulations for Bids and Lease Agreements], then the Commitment Security shall
also stand forfeited as damages without prejudice to any other right or remedy that
may be available to RLDA under the Bid Documents.

8.0 Construction Period

(i) The Lessee shall be required to complete the construction of the developer part within a
period of 05 years in terms of Clause-10.3 of Article -10 of Part-II/ GCLA.

9.0 Evaluation of Bids

The Bids shall be evaluated in terms of LDHB Part-I [Regulations for Bids and Lease
Agreements] by consultant of the project and RLDA. The Bidder offering the highest Financial
Bid for the Site, provided the Bid is responsive in terms of the ITB and the Bid Forms [RLDA
LDHB Part - III], shall be declared as Selected Bidder for the Site and RLDA shall issue LOA the
(“Letter of Acceptance”) to the selected bidder after opening of the Financial Bid requiring
submission of Commitment Security by the said Bidder.

10.0 Letter of Acceptance (LOA)

10.1 LOA shall be issued, in duplicate, to the Selected Bidder. The Selected Bidder shall, within 7
(seven) days of receipt of LOA, sign and return the duplicate copy of LOA in acknowledgement
thereof. In the event, the duplicate copy of LOA duly signed by Selected Bidder is not received
by the stipulated date, RLDA may, unless it consents to extension of time for submission
thereof, forfeit the Bid Security of such Bidder, as mutually agreed genuine pre-estimated loss
and damage suffered by RLDA on account of failure of the Selected Bidder. In the event not
provided of the full amount of Lease Premium within the stipulated time, Bid Security shall be
forfeited and the LOA shall be cancelled and RLDA shall have the right to take further actions as
per terms of Bid Documents.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 24

11.0 Success Fee

SN. Upfront Lease Premium Success Fee

per site
1. Upto Rs.10 Crore 1% of present value of Lease Premium quoted by the
Selected Bidder subject to a minimum of Rs.1.0 Lakh per
site
2. More than Rs.10 Crore Rs.10 Lakh plus 0.50% of the amount by which Lease
&upto Rs.50 Crore Premium amount exceeds Rs10 Crore
3. More than Rs.50 Crore & Rs.30 Lakh plus 0.25% of the amount by which Lease
upto Rs.100 Crore Premium amount exceeds Rs.50 Crore
4. More than Rs.100 Crore Rs.42.50 Lakh plus 0.10% of the amount by which Lease
Premium amount exceeds Rs.100 Crore subject to a
maximum amount of Rs.2 Crore per site

RLDA has appointed a consultant M/s Knight Frank (India) Pvt Ltd for assistance to RLDA in
marketing the Sites. The Success Fee is to be paid to Consultant, M/s Knight Frank (India) Pvt
Ltd, through RLDA by the selected developer for the project prior to the execution of the Lease
Agreement. The success fee shall be paid as given below: -
The Success Fee shall be payable by the Selected Bidder in two stages as stated below:
a) Stage – I
30% of the amount of Success Fee within 30 days of issue of LOA.
b) Stage – II
70% of the amount of Success Fee on signing of the Lease Agreement with the Lessee.
Default in the payment of Success Fee or part thereof by the Selected Bidder shall entitle RLDA
to forfeit the Bid Security and may result in withdrawal of LOA and termination of Contract.

12.0 Execution of Lease Agreement

12.1 The Special Purpose Company (SPC), to be created by the Selected Bidder for implementation
of the Project, is required to execute the Lease Agreement as contained in the format of
Form No-14, after due compliance of pre-requisites under Clause No.26 of the Regulations
[Part I of LDHB] at least 15 days prior to the period specified in the Regulations or the
extended period, if applicable, for the execution of the Lease Agreement, failing which the Bid
Security and Commitment Security shall be forfeited and the LOA shall be cancelled. For avoidance
of any doubt, the SPC incorporated pursuant hereto shall not engage in any other activity except
as expressly permitted under this Lease Agreement. However, in case the bidder is a Central/State
Govt. Entity, including PSUs, Corporation, Authority, Trust etc. and they intend to use the land for
their own purpose and gives an undertaking that no sub-leasing of Built Up Assets shall be done by
them, then in such cases they may be exempted from formation of SPC and then lease agreement
will be signed directly with such entity (refer sub clause 8.1.1 in Part-I of Bid Documents).

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 25

12.2 The Lease Agreement can be signed only after payment of full amount of Lease Premium or
after payment of first installment of Lease Premium and submission of BGs (Bank
Guarantees) for Subsequent Installments of Lease Premium with interest and applicable GST
thereon as per the payment schedule in Bid Form– 12, In case of Escrow Mechanism, the
requirement of BGs as envisaged in Clause 26 (b) of Regulations for Bid and Lease Agreement
(Part-I of RFP) shall not be mandatory.

13.0 Minimum Paid-up & Subscribed Share Capital of Special Purpose Company (SPC): The
paid up and subscribed share capital of the SPC created by the Selected Bidder for
Implementation of the Project at the time of signing of the Lease Agreement with RLDA
should not be less than:
Name of Site Area Amount of Minimum Paid-Up &
Subscribed Share Capital
(in Crore)
Belanganj, Agra under Agra Division of 90,304 Sqm. 5% of the reserve price i.e.
NC Railway Rs.10.69 Cr.

14.0 Pre-Bid Meeting

Pre-Bid meeting will be held at following venue as per the following scheduled at the address
given below:
S. No. Date Time Venue
1 19.06.2023 11:30 Hrs. Pre-Bid Meeting online on WebEx. Details to
be obtained from DGM/P-3 (Mob:
7678149900)

14.1 Parties interested in participating may send their queries through email at the email address:
dgm_p3@rlda.railnet.gov.in.com or cpmrldalko@gmail.comor amrldalko@gmail.com, in
advance so that these could be replied in the Pre-Bid Meeting.

15.0 Scope of the Project

15.1 The Selected Bidder shall carry out the development as per local building byelaws.

15.2 The Selected Bidder shall, at its own risk, cost, expense and charges in connection with or
incidental to the performance of the obligations of the Selected Bidder under this agreement
shall procure all the requisite applicable permits for the development of the site and arrange to
design, finance, construct and develop the Site. No claim shall be entertained on this account.
However, RLDA without any liability thereof, will assist the Lessee in obtaining the required
approval / permits, the Lessee shall not be deemed absolved of its own responsibility and RLDA
shall not in any way be liable for the approval/permits or for non-receipt thereof for any
reason whatsoever nor any loss or damage arising in consequences of such delay or non –
receipt.
Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 26
Grant of Lease for Residential Development on Railway Land of approx. area 90,304Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years
(RFP Notice No:RLDA/2023/RFP/CD/34 Dated 06.06.2023)

15.3 The Bidder shall be permitted to market and sub-lease Built Up Area for usage of any legal and
lawful activities.

15.4 The applicable FAR for group housing as per applicable development control norms is 1.50.
However, present Bid has been invited for land parcel as shown in plan in Part-V of RFP
for utilizable FAR of 1.275 (w.r.t. complete Land Plot Area) as mentioned in Bid Form-12.
However, the Selected Bidder/Lessee has the liberty to undertake Residential Development as
per requirement and by utilizing permissible FSI by paying additional premium as per terms
and conditions mentioned in the bid document.

16.0 Relief against delay on account of OSR (open space for recreation): NOT APPLICABLE

17.0 Clause 8.1 of Regulation of Bids and Lease Agreement (Part-I) is amended and read as under
(to cover the SPC in case of Registered Trust or Registered Co-operative Society, with
Charitable objectives)

“The Selected Bidder shall incorporate a new SPC under the companies Act, 2013 with its
minimum equity sharing of 99.9% (Ninety Nine Point Nine Percent), within 90 (Ninety) days
from the date of issue of the Letter of Acceptance (LOA) by RLDA for implementation of the
Project. The Lease Agreement shall be executed with such SPC. RLDA at its discretion and on
reasonable grounds may extend this period. The Memorandum of Association (MoA) of the
SPC shall be in the prescribed format given at Form No.16. However, in case of Registered
Trust or Registered Co-operative Society, with Charitable objectives, the SPC incorporated
under Section 8 of the Companies Act, 2013, MOA of the SPC shall be as per Form No. INC-13,
available on website of Ministry for Corporate Affairs, incorporating main objectives of RLDA as
well as of successful bidder and in such cases an affidavit as well as an undertaking shall also be
submitted of not winding-up or amalgamating the SPC till the lease agreement with RLDA is in
force.” (Please refer corrigendum/Addendum of Part-I/RLDA/LDHB on RLDA website)

18.0 ESCROW Agreement:

The SPC created by the Selected Bidder shall have to execute Escrow Agreement, as per the
draft format specified in Annexure-A of LDHB Part-II [General Conditions of Lease Agreements],
open & operate an Escrow Account in terms of SCLA and GCLA. The SPC shall have liberty to
submit the Bank Guarantee Bond, at any time, for all outstanding amounts against the Lease
Premium including the interest thereof plus amount of applicable GST, as per the Bid Form-13,
following which the Escrow Account shall be terminated. The draft format annexed as
Annexure – A “Format of Escrow Agreement” appearing in GCLA may be modified and drafted
by the Lessee duly incorporating provisions to meet the requirement of the Lender Bank, RERA,
GST and any other provisions of applicable laws. Same shall be examined by RLDA through an
independent legal and financial expert before approval within 30 days of submission of the
draft format by the lessee. The decision of RLDA shall be final and binding in this regard.
Option of both Bank Guarantee as well as Escrow Mechanism shall be applicable to give
flexibility to the developer to adopt system as per their choice.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 27

19.0 FOREIGN COMPANY

Foreign Companies are not eligible to bid for Tenders for value upto Rs. 200 Cr. as per Letter
No. F.12/17/2019-PPD dt. 28.05.2020 issued by Ministry of Finance, Govt. of India.

20.0 TEMPORARY CHANGES IN RLDA TENDER DOCUMENTS ON ACCOUNT OF LOCKDOWN DUE TO

COVID-19 PANDEMIC

A. The requisite Bid Security shall only be paid online on RLDA E-Bid Portal using E-Payment
gateway. Other modes like Pay Order, Demand Draft, Bankers Cheque etc shall not be
accepted.
B. During the period of COVID-19 lockdown/phases of unlockdown and one month thereafter,
Bidders can submit Bid Forms in Soft Copy (Scan/PDF) on E Bid Portal. These Bid forms are
required to be submitted on letter head of the firm (Lead Member in case of Consortium)
of the bidder duly signed and stamped.

However, all applicable Bid Forms, Undertakings & Affidavits shall be submitted by the
selected bidder in hard copy, in original, in prescribed format, as stipulated in Bid
Documents, within 60 days of lifting of lockdown/phases of unlockdown or as called by
RLDA or within 7 days of opening of date of tender in case of no lockdown. failing which
shall lead to the non-consideration of offer (offer shall be considered withdrawn leading to
forfeiture of bid security under clause 12.6 (b) of Part I of bid documents) or cancellation of
LOA along with forfeiture of bid security on account of lack of earnestness on part of
selected bidder, as the case may be. Lease agreement will not be signed without
submission of original documents as specified in the Bid documents.
Further, Bidders shall submit a self-attested undertaking on letterhead of the firm of the
Bidder in the enclosed format.
There is no exemption / relaxation given w.r.t. documents to be submitted under Clause 7,
Part I, which have to be certified by a statutory auditor or attested by a Chartered
Accountant, as the case may be. These documents can also be submitted in scanned/PDF
copy.

C. It is reiterated that if bidder provides any materially incorrect or false information, material
misrepresentation or revelation at any stage about not meeting the eligibility criteria by
the bidder, then it will attract provision for disqualification of the bidder, cancellation of
LOA, forfeiting of the bid security etc. as detailed in Article 23 of Part I of Bid Documents
(Regulations for Bids and Lease Agreements).

D. The Bidder shall also file the Undertaking given in Bid Form 17 at the time of filing Bid
Documents.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 28

21.0 Dismantling of exiting Old Dilapidated Structure at site (if applicable & as applicable with
approval of Competent Authority) &Shifting of Utilities: All shifting of minor utilities shall be
done by developer at his own cost. RLDA will help the bidder in matters related to coordination
with State Agencies; however, responsibility is completely of developer. The cost of shifting the
High Voltage transmission/Distribution line (11 KV & above), shall be borne by RLDA. The
Developer, however, has to liaison with the concern authority. All the track structure and OHE
masts, portal, transformer, wire is property of Agra Division and has to be handed over to
concern official of Agra Division

22.0 Change of Land Use (CLU): As per Architectural report and clarification from Agra
Development Authority the land parcel under consideration falls in “Railway Transport” while
residential developments are adjoining the site in the line with the Agra Master Plan-2021.The
RFP has been invited for Residential development (along with commercial use on 0.5% of land
area. The proposed lease-based development is ‘Residential’, however, CLU may not be
required in terms of Gazette Notification No. 1/2021/138/Eight-8-2021-12LUC/2020,
Lucknow dated: 03.03.2021, issued by Government of Uttar Pradesh. Copy annexed with
Part-V of bid documents. The NOC and other statutory clearance /approvals would be
required. The Developer shall be allowed to undertake development as per DCR norms, Zonal
Regulations for Residential Development.
The Bidder will have his discretion to plan, organize and construct the development to suit his
business plan. Development approving Authority for the subject site is the Agra Development
Authority and for Water/Sewerage, Electricity and others there are Municipal Corporation
/concerned Authorities. The site will be handed over on “as is where is basis” with a provision
that the bidder can develop the site for the activities which are permissible under existing land
use. However, RLDA without any liability thereof will provide all assistance required for
obtaining permissions/ approval by the developer, but the responsibility, risk and cost, time,
expenditure if required any, development charges payable to the local development authority
of state Govt. would be payable and borne by the lessee and will be entirely on the part of the
developer except exclusively mentioned in the Bid document.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 29

BID FORMS

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 30

PART-III
INSTRUCTIONS TO BIDDERS AND BID FORMS

CHECKLIST FOR ELIGIBILITY PROPOSAL

Bid Document No: -RLDA/2023/RFP/CD/34 Dated 06.06.2023

CHECKLIST FOR e-bids: FOR ELIGIBILITY PROPOSAL (Technical Bids):

Requirement Complied with

(Yes / No)
All the pages numbered serially.
The Proposal and all related correspondence and documents in relation
to the Bidding Process are in English Language.
Supporting documents and printed literature furnished with the
Proposal in any other language are accompanied by translations of all
the pertinent passages in English language, duly authenticated and
certified by the Bidder.
We have read and made ourselves well conversant with the
provisions/in formations contained in RLDA-Land Development Hand
Book Part-I (Regulations for Bids and Lease Agreement) and Part-II
(General Conditions of Lease Agreement and we affirm to abide by the
same.

Uploaded (Yes / No / Not

S. No. Scanned copy of instrument/ enclosure for Uploading
Applicable)
1 Bid Document fee of Rs. 75,000 /- + GST 18% = Rs. 88,500/-
(Rupees Eighty Eight Thousand Five Hundred Only) to be paid
online
2

S. No. Document / enclosure for submission Document Page Nos. Total

Uploaded (_ to __) No. of
(Yes/No/ Pages
NA)
1.1 Scanned Copy of Instructions to Bidders (RLDA
LDHB Part-III), SCLA [RLDA LDHB Part-IV],
Schedules and Specifications [RLDA LDHB Part-
V], as issued by RLDA for the Project, digitally
signed by the authorized signatory are to be
uploaded.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 31

S. No. Document / enclosure for submission Document Page Nos. Total

Uploaded (_ to __) No. of
(Yes/No/ Pages
NA)
1.2 Scanned Copy of Covering Letter are to be
uploaded as per the prescribed format in Bid
Form 1;
i) signed by authorized signatory
ii) on the letterhead of the Bidder;
2(A) Scanned Copy of General Information are to be
uploaded about the sole Bidder/Lead Member
as per the prescribed format in Bid Form 2;
Evidence of incorporation,
2(B) Scanned Copy of General Information about
Member-1 are to be uploaded as per the
prescribed format in Bid Form 2(a); Evidence
of incorporation,
2(C) Scanned Copy of General Information about
Member-2 are to be uploaded as per the
prescribed format in Bid Form 2(b); Evidence
of incorporation,
2(D) Scanned Copy of General Information about
Member-3 are to be uploaded as per the
prescribed format in Bid Form 2(b); Evidence
of incorporation,
3(A) Scanned Copy of Undertaking for
Construction Experience (to be forwarded on
the letter head of the Applicant/Lead
Member of Consortium) as per the prescribed
format in Bid Form-3 (A).
3(B) Scan Copy of Information for Construction
Experience as per the prescribed format in Bid
Form-3 (B).
For Bid Form 3 (B): In case Bid Form 3B
consists of more than one-page, Registered
Project Architect, Statutory Auditor &
Authorized Signatory shall sign with seal on all
pages.
4 Information for Financial Eligibility for sole
Bidder/Member in case of Consortium
certified by statutory auditor/CA as per the
prescribed format in Bid Form 4; (Separate
forms for each Member in case of Consortium

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 32

S. No. Document / enclosure for submission Document Page Nos. Total

Uploaded (_ to __) No. of
(Yes/No/ Pages
NA)
where financial experience is aggregated)

Audited annual financial reports/Income tax

return along with financial statements duly
certified by SA/CA of the Bidder or in case of a
Consortium, of each Member, for last three
financial years and duly signed on all pages.
5 Scanned Copy of Joint Bidding Agreement, in
case of Bidder being a consortium, executed
on non-judicial stamp paper of Rs.100/- and
duly notarized as per the prescribed format in
Bid Form 5;
Whether extract of the charter documents and (Yes/No/Not Applicable)
documents such as Board resolution or equivalent
document supporting formation of JBA has been
uploaded
Joint Bidding Agreement executed and issued outside the (Yes/No/Not Applicable)
territory of India is to be consularized by the Indian
Embassy and notarized in the jurisdiction where the
Agreement is being executed/ uploaded.
6 Bid Security to be paid online using the e-
payment gateway to ITI Limited.
7 Scanned Copy of Power of Attorney (submitted
by the Member / Lead Member for signing of
Bid) executed on non-judicial stamp paper of
Rs.100/- and duly notarized as per the
prescribed format in Bid Form 7;
Whether extract of the charter documents and (Yes/No/Not Applicable)
documents such as Board resolution or equivalent
document supporting the authority of the person signing
the Power of Attorney has been uploaded
Power of Attorney executed and issued outside the (Yes/No/Not Applicable)
territory of India is to be consularized by the Indian
Embassy and notarized in the jurisdiction where the
Power of Attorney is being executed
8 Scanned Copy of Power of Attorney in favour
of the Lead Member of Consortium executed
on non-judicial stamp paper of Rs.100/- and
duly notarized as per the prescribed format in

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 33

S. No. Document / enclosure for submission Document Page Nos. Total

Uploaded (_ to __) No. of
(Yes/No/ Pages
NA)
Bid Form 8;
Whether extract of the charter documents and (Yes/No/Not Applicable)
documents such as Board resolution or equivalent
document supporting the authority of the person signing
the Power of Attorney has been submitted
Power of Attorney executed and issued outside the (Yes/No/Not Applicable)
territory of India is to be consularized by the Indian
Embassy and notarized in the jurisdiction where the
Power of Attorney is being executed
9 Scanned Copy of Undertaking from Bidder/
Member of Consortium for claiming
experience from holding/subsidiary on non-
judicial stamp paper of Rs. 100/- and duly
notarized as per the prescribed format in Bid
Form 9, if applicable;
Power of Attorney executed and issued outside the (Yes/No/Not Applicable)
territory of India is to beconsularized by the Indian
Embassy and notarized in the jurisdiction where the
Power of Attorney is being executed
9A Scanned Copy of Undertaking from
Bidder/Member of Consortium for claiming
experience of Partnership firm on non-judicial
stamp paper of Rs.100/- and duly notarized as
per the prescribed format in Bid Form 9A, if
applicable;
Power of Attorney executed and issued outside the (Yes/No/Not Applicable)
territory of India is to be consularized by the Indian
Embassy and notarized in the jurisdiction where the
Power of Attorney is being executed
10 Scanned Copy of Undertaking from Partnership
Firm on non-judicial stamp paper of Rs.100/-
and duly notarized as per the prescribed
format in Bid Form 10A, if applicable;
10A Scanned Copy of Undertaking from
holding/subsidiary on non-judicial stamp paper
of Rs. 100/- and duly notarized as per the
prescribed format in Bid Form 10, if applicable;
11 Scanned Copy of Statement of Legal Capacity
as per the format prescribed at Bid Form-11 to

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 34

S. No. Document / enclosure for submission Document Page Nos. Total

Uploaded (_ to __) No. of
(Yes/No/ Pages
NA)
be uploaded.

Signed by Authorized Signatory (Yes/No/Not Applicable)

On the letterhead of the Bidder (Yes/No/Not Applicable)
Scanned Copy of Charter/ Registration/
Incorporation/Identity Proof and PAN in case
of Individuals
UNDERTAKING executed and issued outside the territory
of India is to be consularized by the Indian Embassy and
notarized in the jurisdiction where the undertaking is (Yes/No/Not Applicable)
being issued
12 Information on Conflict of Interest as per
Clause 5 of LDHB Part I;
13 i) Audited Annual Financial Statement/certified
copy of income tax return for the last 03 years.
ii) Certificate of incorporation / registration
and respective charter documents (in case of
individuals self-attested copy of photo
identity)

Note:
1. Bid Form No.1,2, 3(A),3(B),4,5,6,7,8,9,9(A),10,10(A) ,11, 16, 16A & 17, in requisite form, as
applicable have to be submitted in original in physical form as detailed in Article 19 of ITB (Part
III of Bid Documents)

2. The Bidder /Authorized representative shall submit E-bids online with his digital signatures and
the same person shall sign requisite Bid Forms who has digitally signed E-bids.

I/We have read and made ourselves well conversant with the provisions/information’s
contained in RLDA-Land Development Hand Book Part-I (Regulations for Bids and Lease
Agreement) and Part-II (General Conditions of Lease Agreement and I/We affirm to abide by the
same.

Digitally Signed

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 35

CHECKLIST FOR FINANCIAL PROPOSAL

Bid Document No: -RLDA/2023/RFP/CD/34 Dated 06.06.2023

S. No. Document / enclosure for submission Document Submitted online

(Yes / No / Not Applicable)

1 Financial Bid as per the prescribed format in

Bid Form 12;
i) Digitally signed by Bidder/authorized
signatory and submitted online

Date:
Place:

Seal of the Bidder/ (Signature of the Authorized Signatory)

Lead Member of the Consortium (Name and designation)

Note: - Bid Form-12 to be digitally signed and submitted online only.

********

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 36

BID FORM 1: Covering Letter

Bid Document No: -RLDA/2023/RFP/CD/34 Dated 06.06.2023

To,
The Vice Chairman,
Rail Land Development Authority (RLDA),
Unit No. 702-B. 7th Floor, Konnectus Tower,
DMRC Building, Ajmeri Gate,
New Delhi-110002

Sub: - Bid for “Grant of Lease for Residential Development on Railway Land of approx. area 90,304Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years”.
Dear Sir,

1. With reference to your Bid Document dated …………., I/We. (Name of Bidder/Name of
the Consortium/ Names of all members of the consortium) hereby undertake that
I/We………………………..(Name of Bidder/Name of the Consortium/Names of all members of
the Consortium) have studied the whole Bid Documents (Non-Variable) “Part-I: Regulation for
Bids and Lease Agreement (Amended up to26.03.2014)” and “Part II: General Conditions of
Lease Agreement (Amended up to 26.03.2014)” carefully in addition to all other Bidding
Documents, addendums, amendments, etc. and understood their contents.
I/We…………………………………………………………….. (Name of Bidder/Name of the Consortium/Names
of all members of the Consortium) hereby unconditionally agree to abide by all provisions,
terms and conditions contained therein and hereby submit my/our Bid for the aforesaid Project
for subject Site.
2. My/Our Bid is unconditional and unqualified.
3. I/We also agree to keep this offer open for acceptance for prescribed period from the Bid Due
Date.
4. I/We also hereby agree and undertake to abide by all the terms and conditions of the Bid
Documents.
5. I/ We acknowledge that the RLDA will be relying on the information provided in the Bid and the
documents accompanying the Bid for selection of the Lessee for the aforesaid Project and we
certify that all information provided therein is true and correct; nothing has been omitted which
renders such information misleading; and all documents accompanying the Bid are true copies
of their respective originals.
6. This statement is made for the express purpose of our selection as Lessee for the aforesaid
Project.
7. I/ We shall make available to the RLDA any additional information it may find necessary or
require to supplement or authenticate the Bid.
8. I/ We acknowledge the right of the RLDA to reject our Bid 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.
9. I/ We certify that in the last three years, I/we/any of the Members of our consortium have

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 37

neither failed to perform on any contract, as evidenced by imposition of a penalty by an

arbitrator judicial authority or a judicial pronouncement or arbitration award, nor been expelled
from any project or contract nor have had any contract terminated for breach on our part.
10. I/We declare that:
a. I/We have examined and have no reservations to the Bid Documents, including any
addendum issued by RLDA; and
b. I/We do not have any conflict of interest, in accordance with the terms/clauses of the Bid
Documents that affects the bidding process; and
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,
in respect of any tender or request for proposal issued by or any agreement entered into
with the RLDA or any other Public Sector Enterprise or any Government, Central or State;
and
d. I/We hereby certify that I/we have taken steps to ensure that in conformity with the
provisions of The Bid Documents, no person acting for me/us or on my/our behalf has
engaged or will engage in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice; and
e. I/We hereby certify that we are not otherwise debarred from participating in this Bid by
any provision of Applicable Laws; and
f. The undertakings given by me/us along with the Proposal in response to the Bid
Documents for the Project were true and correct as on the date of making the Proposal
and are also true and correct as on the Bid Due Date and I/We shall continue to abide by
them.
11. I/ We understand that you may cancel the Bidding Process at any time and that you are neither
bound to accept any Bid that you may receive nor to invite the Bidders to Bid for the Project,
without incurring any liability to the Bidders.
12. I/We believe that I/We/ our Consortium satisfy(ies) the Financial Eligibility specified in the Bid
Documents and undertake to satisfy Construction Experience within 105 days of issue of LOA.
13. I/We declare that I/We/ any Member of the consortium, am/are/ is not a Member of any other
Bidder/consortium submitting a Bid for the Project.
14. I/We certify that in regard to matters other than security and integrity of the country, I/We/ our
consortium or any Member of our consortium has 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 nor is there any such investigation pending against us.
15. I/We further certify that in regard to matters relating to security and integrity of the country,
I/We/ our consortium or any Member of our consortium have/has not been charge-sheeted by
any agency of the Government or convicted by a court of law for any offence committed by us
or by any of our associates nor is there any such investigation pending against us.
16. I/We further certify that no investigation by a regulatory authority or security agency relating to
security and integrity of the country is pending either against us or against our associates or
against our Chief Executive Officer (CEO) / Chief Financial Officer (CFO) or any of our directors/
managers/ employees etc.
17. I/We undertake that in case due to any change in facts or circumstances during the bidding
Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 38
Grant of Lease for Residential Development on Railway Land of approx. area 90,304Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years
(RFP Notice No:RLDA/2023/RFP/CD/34 Dated 06.06.2023)

process, the provisions of disqualification in terms of the guidelines referred to above, are
attracted in our case, we shall intimate RLDA of the same immediately.
18. In the event of my/ our being declared as the Selected Bidder, I/ We agree to incorporate
Special Purpose Company under the Indian Companies Act, 2013 within the time specified in Bid
Documents for execution of the Lease Agreement.
19. 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 RLDA in connection
with the selection of the Bidder, or in connection with the Bidding Process itself, in respect of
the abovementioned Project and the terms and implementation thereof.
20. In the event of my/ our being declared as the Selected Bidder, I/We agree to enter into a Lease
Agreement in accordance with the draft Lease Agreement has been provided to me/us. We
agree not to seek any changes in the aforesaid draft and agree to abide by the same. Also, I/We
agree to pay the Commitment Security within 30 days of receipt of Letter of Demand from RLDA
in accordance with terms of bid documents. In case I/We fail to furnish the Commitment
Security with stipulated time, the Bid Security shall stand absolutely forfeited to the RLDA
without prejudicing the rights of RLDA to proceed further any manner it deems fit.
21. I/ We have studied all the Bidding Documents, Master Plan, Land Use Plan, Land records, ROR
etc. carefully and have also surveyed the Site. We understand that except to the extent as
expressly set forth in the Lease Agreement, we shall have no claim, right or title arising out of
any documents or information provided to us by the RLDA or in respect of any matter arising
out of or relating to the Bidding Process including the award of Lease.
22. Bid Security of Rs…………… (Rupees…………….) has been paid online in accordance with the
Bid Documents. I/We understand that the full value of the Bid Security shall stand forfeited in
case I/We fail to fulfill the requirements laid down in the bid Documents for the purpose.
23. I/We also understand that the full value of Bid Security and the Commitment Security shall be
forfeited in case I/We fail to fulfill the requirements laid down in the Bid document for the
purpose.
24. Our Financial Proposal is enclosed in Bid Form-12in online submission only. The Lease Premium
has been quoted by me /us after taking into consideration all the terms and conditions stated in
the Bidding Documents, our own estimates of costs and after a careful assessment of the Site
and all the conditions that may affect the Project Cost and implementation of the Project.
25. I/ We agree and understand that the Bid is subject to the provisions of the Bid Documents. In no
case, I/We shall have any claim or right of whatsoever nature if the Project / Lease is not
awarded to me/us or our Bid is not opened or rejected.
26. We declare that the information stated above and in the aforementioned attachments is
complete and absolutely correct and any error or omission therein, accidental or otherwise, will
be sufficient for RLDA to reject our Bid and forfeit the Bid Security.
27. I/We has/have examined the relevant papers for the Site available with RLDA such as land plan
and property card before submission of the Bid. Any sub- divisioning of the Site, if required, has
to be done by me/us at my/our own cost. RLDA shall not be held responsible for any delay on
account of any shortcoming in the land plan, property card and sub-division and no demand for
any compensation shall be raised against RLDA on this account.
28. We, the Consortium Members, agree and undertake to be jointly and severally liable for all the
obligations of the Lessee under the Lease Agreement.
Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 39
Grant of Lease for Residential Development on Railway Land of approx. area 90,304Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years
(RFP Notice No:RLDA/2023/RFP/CD/34 Dated 06.06.2023)

29. I/We or any of the Directors of my/our company/Member of the Consortium or any or my/our
employee has/have not retired as Gazetted Officer within 2 years of the date of submission of
the bid and/or taken permission from the President of India for taking employment under
me/us, becoming partner, Director in my/our company or taking this contract.

In witness thereof, I/ we submit this Bid under and in accordance with the terms of the Bid
Documents.

Yours faithfully,
Date:
Place:
Seal of the Bidder/ (Signature of the Bidder/Authorized Signatory)
{Lead Member of the Consortium} (Name and designation)

Encl: 1. Checklist of Documents submitted by us.

2. Bid Security details paid online
3. Other documents as per prescribed formats

Note:
1. If the Bidder is not a consortium, the provisions applicable to consortium may be omitted.
2. Strike out whichever is not applicable if the Bidder is not an Individual.
3. In case Para 29 above is not complied with, details of such persons is to be enclosed.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 40

BID FORM 2: General Information about the Bidder

Bid Document No: - RLDA/2023/RFP/CD/34 Dated 06.06.2023

Name of Project: Bid for “Grant of Lease for Residential Development on Railway Land of approx. area 90,304
Sqm, at Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years”.

1. Full Name of the Bidder /Lead Member of the Consortium: (in Block Letters)

2. Bidder’s Constitution (for example Public Limited Co. /Pvt. Ltd. Co.)

3. Bidder’s Registered Office and Place of Business and branch office(s) in India, if any, or
Residence

4. Bidder’s Telephone No.

Fax No.
E-mail address

5. Name & Address of Directors of the Company

(Provide names, office & residential addresses, telephone nos, fax nos, e-mail, Profession /
Business engaged in etc.

6. Profile of the Bidder giving details of current activities, background of promoters and
management structure including evidence of incorporation and proposed role and
responsibilities in this Project, brief description of its main lines of business, details of current
activities, Country of incorporation,

7. Details of individual(s) who will serve as the point of contact/communication for the RLDA
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:

8. Particulars of the Authorized Signatory of the Bidder, if any

(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
(d) E-Mail Address

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 41

9. Particulars of the bank details where Bid Security/ Performance Security/ any other payable
etc. may be refunded:

Name of Account Holder

Bank Account No.
Type of Account: Current/Saving/etc.
Name of Bank
IFSC Code
Branch Address

Note:

1. In the case of foreign company(ies), the same must be incorporated under the laws of the
country of registration.
2. Certificate of Incorporation or equivalent of such foreign company should be either certified
by the statutory auditor of the company or the Company Secretary.
3. All information required in terms of this Form shall be given in respect of each of the
Members of the consortium.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 42

BID FORM – 3 (A)

Undertaking for Construction Experience
(To be forwarded on the letter head of the Applicant/Lead Member of Consortium)

Ref. Tender No: - RLDA/2023/RFP/CD/34 Dated 06.06.2023

Name of Project: Bid for “Grant of Lease for Residential Development on Railway Land of approx. area 90,304
Sqm, at Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years
Date:
To,
The Vice Chairman
Rail Land Development Authority,
Unit No.702-B,7th Floor, KonnectusTower-2,
DMRC Building, Ajmeri Gate, New Delhi-110002

Dear Sir,

We refer to the Request for Proposal dated including any

corrigendum/addendum issued thereto (collectively referred to as the “RFP”)issued by the Authority
in connection with the captioned Project.

We, in response to the RFP, have submitted our Application for the Project and in terms of
ConstructionExperienceCriteriasetoutinClause4.0 (C) of the Instruction to Bidders (Part III of Bid
Documents),hereby agree, confirm and undertake to the Authority that in the event of our Bid being
accepted by the Authority and the Project being awarded to us, we shall, forthwith and in any case
not later than the prescribed period of 105 days, demonstrate and fulfill the Construction Experience
as outlined in Clause 4.0 (C) of the Instruction to Bidders (Part III of Bid Documents), for
undertaking and performing the necessary construction works in connection with the Project in
accordance with the provisions of RFP Documents either:
(i) Ourselves as the Applicant/Bidder/through Associates, or
(ii) entering into a suitable legally binding agreement, with prior approval of the Authority, with
an entity who fulfils the afore mentioned Construction Experience and is allowed to
dobusinessinIndiaasperApplicableLawsandsuchagreement(s)shallbeinconformitywiththeprovi
sionsoftheRFPDocuments.
In the event we are unable to secure and furnish to the Authority on or before the prescribed period,
in the form and manner satisfactory to the Authority, suitable legally binding agreement as above for
undertaking and performing the necessary obligations, the Authority shall be entitled in its sole and
absolute discretion and without any reference to us, take such action against us as suitable, including
cancellation of the LoA and appropriate the Bid Security, and impose the Liquidated Damages, as it
maydeemfit.AndweagreethatanydecisionoftheAuthorityinthisregardshallbefinalandbindingonus.
All capitalized terms used herein unless specifically defined shall have the meaning as ascribed under
the RFP.

Yours faithfully,
(Signature, name and designation of the Authorized signatory)
(Name and seal of Applicant/Lead Member) & Designation:
Date:
Place:

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 43

BID FORM 3 (B): Information for Construction Experience

Bid Document No: - RLDA/2023/RFP/CD/34 Dated 06.06.2023

Name of Project: Bid for “Grant of Lease for Residential Development on Railway Land of
approx. area 90,304 Sqm, at Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years”.

Name of Bidder/ Member of the Consortium (holding at least 10% equity) OR Contracted
Agency/entity of the Bidder: ______

S. Name and Name of the Name of Brief Total Date of Remarks

No. location Client/owne Implementing description Built Completion
of r Agency and about the up of Project
relevant its Nature of Area
project relationship the Project in
with the Sq.M.
Bidder with
documentary
evidence/self
1
2
3

Certificate by a registered architect:

We declare that above mentioned project(s) has/have been fully/partially completed and the
project(s)/completed built up area is/are ready for occupation/ has already been
occupied/commissioned (strike out whichever is not applicable).

Dated this _ day of _____ 20(Year)

(Name, Signature and seal of the Architect) _______________

Certificate by Statutory Auditor of the Bidder or Contracted Entity:

We, in our capacity as the Statutory Auditor of _____ (name of the Bidder/ Member of
Consortium/Contracted Entity) certify that ________________________ (name of the Bidder /
Member of Consortium) has executed the above-listed projects as owner/ developer/ contractor and
/or through its Holding/Subsidiary Company/Entity (as per clause 3 (d) of Part-I read with clause
1.5 (iii) of ITB (strike out whichever is not applicable).

*Signature of the Statutory Auditor

Name of the Statutory Auditor
Company Seal of the Statutory Auditor
Counter-Signed:
Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 44
Grant of Lease for Residential Development on Railway Land of approx. area 90,304Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years
(RFP Notice No:RLDA/2023/RFP/CD/34 Dated 06.06.2023)

We accept that all details/documents/attachments provided with this Bid Form are complete and
absolutely correct and any error or omission therein, accidental or otherwise, will be sufficient for
RLDA to reject our Bid and forfeit the Bid Security.

(Name & Signature of Authorised Signatory)

In the capacity of _____________________ (position) duly authorized to sign this Bid for and behalf
of _____________________________ (name of Bidder / Lead Member of the Consortium)
__________________________________ (Address)

Note:
1. In case a Bidder/Member of the Consortium/Contracted Entity is drawing any experience of
its holding/subsidiary company/entity, the name of such company/Entity and relationship
with the Bidder/Member of the Consortium shall also be clearly mentioned in the ‘Remarks’
column against the particular project.
2. In case Members of a Consortium are aggregating their individual experiences to qualify, the
above information must be provided separately for each Member strictly as per the specified
format.
3. *For those Bidders/their Members/Contracted Entity whose accounts are not required to be
audited as per the law “Statutory Auditor” will be replaced with “practicing Chartered
Accountant” who is a member of ICAI.
4. *In jurisdictions (foreign countries) that do not have Statutory Auditors, the firm of auditors
which audits the annual accounts of the Bidder may provide the certificates.
5. In case Bid Form 3B consists of more than one-page, Registered Project Architect, Statutory
Auditor & Authorized Signatory shall sign with seal on all pages.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 45

BID FORM 4: Information for Financial Qualification

(For Bidder / Each Member of the Consortium)

Bid Document No: - RLDA/2023/RFP/CD/34 Dated 06.06.2023

Name of Project: - Bid for “Grant of Lease for Residential Development on Railway Land of approx.
area 90,304 Sqm, at Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years”.
a) Total/Gross Turn-Over: The aggregate total/gross turn-over (as defined in Clause 5.3 of ITB)
as per the audited annual financial statement* of the last three Financial Years should be
presented in the following tabular format (along with the copies of above documents)
certified by the Statutory Auditor of the Bidder or of each Member (in case of a Consortium).
Name of Bidder / Each Member of the Consortium (holding at least 26% equity):

S. No Head Gross Annual Revenues in Indian

Rupees

1 Financial Year 2019-20

2 Financial Year 2020-21
3 Financial Year 2021-22
4 Sum of Total/Gross Turnover of Three
Years
5 Average Annual Total/Gross Turnover
(Gross Total ÷3)

OR
b) Net worth: Net Worth shall mean (Subscribed and Paid-up Equity Capital (not to include any
Share Application Money/Preference Share Capital) including Equity/Security Premium+
General Reserves) Less (Revaluation Reserves +Accumulated Losses + Miscellaneous
Expenditure not written off + Accrued Liabilities not accounted for + Intangible Assets). It
should be presented in the following tabular format (along with the copies of audited annual
financial statement of last FY 2020-2021 certified by the Statutory Auditor of the Bidder or of
each Member (in case of a Consortium):
Calculation of Net Worth for Financial Year: 31st March 2022_____
Amount
Particulars (Rs. in Cr)
Subscribed and Paid-up Equity/ Capital
(Including Equity/Security Premium)
Add General Reserves
Less Revaluation Reserves
Less Accumulated Losses
Less Miscellaneous expenditure not written off
Less Accrued liabilities not accounted for
Less Intangible Assets
TOTAL NET WORTH

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 46

*For conversion of other currencies to Indian Rupees the rate of conversion shall be as per the
Reserve Bank of India (“RBI”) reference rate as on the first day of the month preceding the month of
opening of Bid. In case of currencies not indicated under the RBI reference rate, the same shall be
converted to US$ as per IMF reference rate as on the Conversion Date and the amount so derived in
US$ shall be converted into Indian Rupees as per the US$ RBI reference rate as on the conversion
date.

(Name & Signature of Authorized Signatory)

In the capacity of (position) duly authorized to sign this Bid for and
behalf of (name of Bidder / Lead Member of
the Consortium) (Address)

The information given above is true as per the audited financial statement/income tax return of the
Bidder/Member. We have signed this Bid Form 4 in our capacity as the Statutory Auditor of (name of
the Bidder/ Member of Consortium).

Signature of the Statutory Auditor*

Name of the Statutory Auditor*
Company Seal of the Statutory Auditor*
Note:
1. In case a Bidder/Member of the Consortium is drawing any financial eligibility of its
holding/subsidiary Company /Entity, a separate Form-4 in the name of each such
company/entity firm along with proof of relationship with the Bidder/Member of the
Consortium shall also be attached which should also be supported with relevant applicable
Form-9, 9 (A), 10 and 10 (A) of Part-III ITB.
2. In case Members of a Consortium are aggregating their individual experiences to qualify, the
above information must be provided separately for each Member as per the specified format
signed by the respective statutory auditors.
3. *For those Bidders/their Members whose accounts are not required to be audited as per the
law “Statutory Auditor” will be replaced with “practicing Chartered Accountant” who is a
member of ICAI.
4. *In jurisdictions (foreign country) that do not have Statutory Auditors, the firm of auditors
which audits the annual accounts of the Bidder may provide the certificates required under
Financial Eligibility criteria.
5. In case Bid Form 4 consists of more than one-page, Statutory Auditor & Authorised Signatory
shall sign with seal on all pages.
6. Partners of a Partnership Firm can participate as individuals or form a Consortium. The
Financial experience of the partnership firm can be considered as the experience of
Partner(s) in proportion to their respective stakes in the Partnership Firm for Financial
eligibility for such Bidder/Member of Consortium. The Bidder has to also submit the copy of
Partnership Deed and Bid Forms - 9A & 10A.
7. Please refer to clause 3(b)(iv) of “Part-I Regulations for Bids and Lease Agreements”.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 47

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 48

BID FORM 5: Joint Bidding Agreement

Bid Document No: - RLDA/2023/RFP/CD/34 Dated 06.06.2023

(To be executed on Non- Judicial Stamp Paper of appropriate value (as prescribed by the Stamp
Act of the respective State in which the document has to be executed but not less than Rs.100/-)
and duly notarized (Joint Bidding Agreement executed and issued outside the territory of India is
to be consularized by the Indian Embassy and notarized in the jurisdiction where the Agreement is
being executed)
This Joint Bidding Agreement (the “AGREEMENT”) is entered into on this __ day of _____,
20__(Year)at _____.
AMONGST
{___________ , an individual having his/her residence at ________________________ and partner
of ____________________________________and currently having his/her place of business at
__________________________________ }/1
{M/s.___________________ , a limited liability partnership registered under the Limited Liability
Partnership Act, 2008 and having its registered office at ________ }/2
{___________ , a co-operative society registered under the Co-operative Societies Act, 1912/ Multi-
State Co-operative Societies Act, 2002/__[Insert name of any other Act if applicable]__ 1 and
having its registered office at ________ } /3
{___________ , a trust registered under the __[Insert name of the Act]__ and having its registered
office at ________ }/4
{___________ , a company incorporated under the Companies Act, 2013 and having its registered
office at ________ }5
(herein after referred to as “First Part”, which expression shall unless repugnant to the context
include its successors and permitted assigns)
AND
{___________ , an individual having his/her residence at ________________________ and partner
of ____________________________________and currently having his/her place of business at
__________________________________ }/1
{M/s.___________________ , a limited liability partnership registered under the Limited Liability
Partnership Act, 2008 and having its registered office at ________ }/2
{___________ , a co-operative society registered under the Co-operative Societies Act, 1912/ Multi-
State Co-operative Societies Act, 2002/__[Insert name of any other Act if applicable]__ 2 and
having its registered office at ________ } /3
{___________ , a trust registered under the __[Insert name of the Act]__ and having its registered
office at ________ }/4
{___________ , a company incorporated under the Companies Act, 2013 and having its registered
office at ________ }5

1,2,3,4&5 Retain whichever is applicable.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 49

(herein after referred to as “Second Part”, which expression shall unless repugnant to the context
include its successors and permitted assigns)
AND

{_ , an individual having his/her residence at ______________ and partner

of ____________________________________and currently having his/her place of business at
__________________________________ }/1
{M/s.___________________ , a limited liability partnership registered under the Limited Liability
Partnership Act, 2008 and having its registered office at ________ }/2
{___________ , a co-operative society registered under the Co-operative Societies Act, 1912/ Multi-
State Co-operative Societies Act, 2002/__[Insert name of any other Act if applicable]__ 3 and
having its registered office at ________ } /3
{___________ , a trust registered under the __[Insert name of the Act]__ and having its registered
office at ________ }/4
{___________ , a company incorporated under the Companies Act, 2013 and having its registered
office at ________ }5
(herein after referred to as “Third Part”, which expression shall unless repugnant to the context
include its successors and permitted assigns)
AND
{___________ , an individual having his/her residence at ________________________ and partner
of ____________________________________and currently having his/her place of business at
__________________________________ }/1
{M/s.___________________ , a limited liability partnership registered under the Limited Liability
Partnership Act, 2008 and having its registered office at ________ }/2
{___________ , a co-operative society registered under the Co-operative Societies Act, 1912/ Multi-
State Co-operative Societies Act, 2002/__[Insert name of any other Act if applicable]__ 4 and
having its registered office at ________ } /3
{___________ , a trust registered under the __[Insert name of the Act]__ and having its registered
office at ________ }/4
{___________ , a company incorporated under the Companies Act, 2013 and having its registered
office at ________ }5
(herein after referred to as “Fourth Part”, which expression shall unless repugnant to the context
include its successors and permitted assigns)

WHEREAS:

A. Ministry of Railways has authorized the RAIL LAND DEVELOPMENT AUTHORITY, set up by an
Amendment to the Railways Act, 1989 and constituted in terms of Extraordinary Gazette Notification
dated 31.10.2006, as amended on 5.1.2007, represented by its Chairman and having its principal

1,2,3,4 &5Retain whichever is applicable.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 50

office at Unit No. 702-B. 7th Floor, Konnectus Tower, DMRC Building, Ajmeri Gate, New Delhi-110002
(hereinafter referred to as the “RLDA” which expression shall, unless repugnant to the context or
meaning thereof, include its administrators, successors and assigns), to invite bids for selection of the
Lessee either individually or through Consortium for “Bid for “Grant of Lease for Residential
Development on Railway Land of approx. area 90,304 Sqm, at Belanganj, Agra under Agra Division of NCR
(U.P.) for 99 years”.

B. The Parties are interested in jointly bidding for the Project as members of a Consortium and in
accordance with the terms and conditions of the Bid Documents in respect of the Project, and

C. It is a necessary condition under the Bid Documents that the members of the Consortium shall
enter into a Joint Bidding Agreement and furnish a copy thereof with the Bid. NOW IT IS
HEREBY AGREED as follows:

1. Definitions and Interpretations

In this Agreement, the capitalized term shall, unless the context otherwise requires, have the
meaning ascribed thereto under the Bid Documents.

2. Consortium
2.1 The Parties do hereby irrevocably constitute a consortium (the “Consortium”) for the
purpose of jointly participating in the Bidding Process for the Project.
2.2 The Parties hereby undertake to participate in the Bidding Process only through this
Consortium and not individually and/ or through any other Consortium constituted
for this Project, either directly or indirectly or through any of their Constituents.
2.3 ____________ (name of Consortium) believes that it has the necessary qualification to fulfill
the capability for development of the Project and / or __________ (name of
Consortium) has the necessary financial capability as detailed in the Bid Documents.

3. Covenants
The Parties hereby undertake that in the event the Consortium is declared the Selected
Bidder and awarded the Project, it shall incorporate a new special purpose company (the
“SPC”) under the Indian Companies Act, 2013 for entering into a Lease Agreement with RLDA
and for performing all its obligations as the Lessee in terms of the Lease Agreement for the
Project. All terms and conditions contained in this AGREEMENT will, insofar as they are
relevant, be specifically incorporated in the Articles of Association of the SPC.

4. Roles of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described below:
a. Party of the _____ Part shall be the Lead member of the Consortium and shall have the
power of attorney from all Parties for conducting all business for and on behalf of
the Consortium during the Bidding Process and until the signing of the Lease Agreement
when all the obligations of the SPC shall become effective. The role of First Part shall
be________________.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 51

b. Party of the _____ Part shall be {the Financial Member(s) of the Consortium} and the role of
Second Part shall be________________.
c. Party of the ____ Part shall be {the Financial Member(s) of the Consortium} and the role of
Third Part shall be________________.
d. Party of the ____ Part shall be {the Financial Member(s) of the Consortium} and the role of
Fourth Part shall be________________.

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all obligations and
liabilities relating to the Project and in accordance with the terms of the Bid
Documents and the Lease Agreement. The Parties shall mutually and jointly take all the
decisions in respect of the Project on behalf of the Consortium. _________ (Lead Member)
shall be authorized to act on behalf of the Consortium as their representative for bidding and
implementation of the Project.

6. Shareholding in the SPC

6.1 The Parties agree that the proportion of shareholding among the Parties in the SPC shall be
as follows:
First Party:
Second Party:
Third Party:
Fourth Party:
6.2 The Parties undertake to form a new SPC with a minimum joint shareholding of 99.9% equity
which shall be required to be maintained till the signing of the Lease Agreement. The Parties
undertake that a minimum of 26% (twenty-six per cent) of the subscribed and paid-up equity
share capital of the SPC shall, at all times till the first anniversary of the date of completion of
project or till full payment of Lease Premium including interest, whichever is later, be held by
the Parties of the First Part, the Lead Member of the Consortium.
6.3 The Parties undertake that they shall collectively hold more than 50% (fifty per cent) of the
subscribed and paid-up equity share capital of the SPC at all times until the first anniversary
of the date of completion of Project or till full payment of Lease Premium including interest,
whichever is later.
6.4 The Parties undertake that they shall comply with all equity lock-in requirements set forth in
the Lease Agreement.

7. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:
a) Such Party is duly organized, validly existing and in good standing under the laws of its
incorporation and has all requisite power and authority to enter into this Agreement.
b) The execution, delivery and performance by such Party of this Agreement has been
authorized by all necessary and appropriate corporate or governmental action and a copy of
the extract of the charter documents and board resolution/ power of attorney in favour of
the person executing this Agreement for the delegation of power and authority to execute

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 52

this Agreement on behalf of the Consortium Member is annexed to this Agreement,

and will not, to the best of this knowledge:
i. require any consent or approval not already obtained.
ii. violate any Applicable Law presently in effect and having applicability to it.
iii. violate the memorandum and articles of association, by-laws or other applicable
organizational documents thereof.
iv. violate any clearance, permit, concession, grant, license or other governmental
authorization, approval, judgment, order or decree or any mortgage agreement,
indenture or any other instrument to which such Party is a party or by which such Party or
any of its properties or assets are bound or that is otherwise applicable to such Party; or
v. create or impose any liens, mortgages, pledges, claims, security, interests, charges or
Encumbrances or obligations to create a lien, charge, pledge, security interest,
encumbrances or mortgage in or on the property of such Party, except for encumbrances
that would not, individually or in the aggregate, have a material adverse effect on the
financial condition or prospects or businesses of such Party so as to prevent such Party
from fulfilling its obligations under this Agreement;
vi. this Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and
vii. there is no litigation pending, or to the best of such Party’s knowledge, threatened to
which it or any of its Affiliates is a party that presently affects, or which would have a
material adverse effect on the financial condition or prospects or business of such Party in
the fulfillment of its obligations under this Agreement.

8. Termination
In case the Project is awarded to the Consortium, this Agreement shall be effective from the
date hereof and shall continue in full force and effect until the Effective Date/ fulfilment of
all the Conditions Precedent for the Lessee (as may be applicable) and thereafter the legal
liabilities of the Members shall be governed by the relevant provisions of the Lease
Agreement. However, in case the Consortium does not get selected for award of the Project,
the Agreement will stand terminated upon return of the Bid Security by RLDA to the Bidder.

9. Miscellaneous
a) This Joint Bidding Agreement shall be governed by laws of India.
b) The Parties acknowledge and accept that this Agreement shall not be amended by the
Parties without the prior written consent of RLDA.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED THIS
AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED

For and on behalf of Lead Member by:

Signature: _____________________________
Name & Designation: _____________________________
Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 53
Grant of Lease for Residential Development on Railway Land of approx. area 90,304Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years
(RFP Notice No:RLDA/2023/RFP/CD/34 Dated 06.06.2023)

Address: _____________________________

For and on behalf of Second Part by:

Signature: _____________________________
Name & Designation: _____________________________
Address: _____________________________

For and on behalf of Third Part by: _____________________________

Signature: _____________________________
Name & Designation: _____________________________
Address: _____________________________

For and on behalf of Fourth Part by: _____________________________

Signature: _____________________________

Name & Designation: _____________________________

Address: _____________________________

Note:
 The mode of execution of the Joint Bidding Agreement should be in accordance with the
procedure, if any laid down by the applicable law and the charter documents of the
executants(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
 Each Joint Bidding Agreement should attach a copy of the extract of the charter documents
and documents such as resolution/power of attorney in favour of the person executing
this Agreement for the delegation of power and authority to execute this Agreement on
behalf of the Consortium member.
 For Joint Bidding Agreement executed and issued overseas, the document shall be
consularized by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney has been executed.

* Strike out whatever is not applicable.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 54

FORM NO:6: For Guarantee Bond for Bid Security

(NOT APPLICABLE IN THIS CASE)

Bid Document No: -RLDA//2023/RFP/CD-CRD/16 Dated 21.03.2023

(To be executed on non-judicial stamp paper of appropriate value, as prescribed by the Stamp Act
of the respective State in which the document has to be executed but not less than Rs.100/-)

To,
The Vice Chairman,
Rail Land Development Authority (RLDA),
Unit No. 702-B. 7th Floor, Konnectus Tower,
DMRC Building, Ajmeri Gate,
New Delhi-110002

In consideration of the Rail Land Development Authority(hereinafter called “The RLDA”) having
agreed to exempt (hereinafter called “The said Bidder from the demand,
under the terms and conditions of Tender No. dated for {hereinafter
called “the said Bid Documents of Bid Security as required to be submitted by the bidder as a
condition for participation and for the due fulfillment by the said Bidder of the terms and conditions
contained in the said Bid Documents on production of a Bank Guarantee for Rs.
Rupees only)
we (hereinafter referred to as the bank”) at the request of
Bidder do hereby
undertake to pay to the RLDA any amount not exceeding Rs.______
against any loss or damage caused to or suffered or would be caused to or suffered by the RLDA by
reason of any breach by the said Bidder of any of the terms or conditions contained in the said Bid
Documents.
2. We (indicating name of the bank) do hereby undertake
to pay the amounts due and Payable under this guarantee without any demur, merely on a
demand from the RLDA stating that the amount claimed is due by way of loss or damage caused
to or would be caused to or suffered by the RLDA by reason of breach by the said Bidder of any
of the terms or conditions contained in the said Bid Documents or by reason of the Bidder’s
failure to perform the terms and conditions of said Bid Documents. Any such demand made on
the bank shall be conclusive as regards the amount due and payable by the bank under this
guarantee. However, our liability under this guarantee shall be restricted to an amount not
exceeding Rs. (Rupees ).
3. We undertake to pay to the RLDA any money so demanded notwithstanding any dispute or
disputes raised by the Bidder in any suit or proceeding pending before any court or tribunal
relating thereto our liability under this present being absolute and unequivocal. The payment
so made by us under this bond shall be a valid discharge of our liability for payment there under
and the Bidder / shall have no claim against us for making such payment.
4. We(indicating name of the bank) further agree that the guarantee herein contained shall
Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 55
Grant of Lease for Residential Development on Railway Land of approx. area 90,304Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years
(RFP Notice No:RLDA/2023/RFP/CD/34 Dated 06.06.2023)

remain in full force and effect during the period that would be taken for the fulfillment of the
conditions of the said Bid Documents and that it shall continue to be enforceable till all the
dues of the RLDA under or by virtue of the said Bid Documents have been fully paid and its
claim satisfied or discharged or till RLDA certifies that the terms and conditions of the said Bid
Documents have been fully and properly carried out by the said Bidder and accordingly
discharges this guarantee. Unless a demand or claim under this guarantee is made on us in
writing on or before thewe shall be discharged from all liability under this guarantee thereafter.
5. We(indicating name of the bank) further agree with the RLDA that the RLDA shall have the
fullest liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said Bid Documents or to extend time
of validity of offer by the said Bidder from time to time or to postpone for any time or from
time to time any of the powers exercisable by the RLDA against the said Bidder and to forbear
or enforce any of the terms and conditions relating to the said Bid Documents and we shall not
be relieved from our liability by reason of any such variation or extension being granted to the
said Bidder (s) or for any forbearance, act or omission on the part of the RLDA or any
indulgence by the RLDA to the said Bidder or by any such matter or thing whatsoever which
under the law relating to sureties would, but for this provision, have effect of so relieving us.
6. We agree that the guarantee herein contained shall be irrevocable and shall continue to be
enforceable till RLDA discharges this guarantee. Provided however, that In the event that this
Bidder is selected for award of the Project through the issue of the Letter of Acceptance, the
Bid Security in the form of this Guarantee Bond shall remain in force until the Bidder has paid
the First Installment of the Lease Premium, furnished the Performance Bank Guarantee Bond
and executed the Lease Agreement.
OR
In the event this Bidder is not selected for award of the Project, the Bid Security shall remain in
force up to and including a period of 180 (one hundred and eighty) days from the Bid Due Date.
The Bank Guarantee Bond shall be a continuing irrevocable obligation. Invocation of this Guarantee
Bond by any official of RLDA shall be valid and unquestionable.
7. We, further state that ours is a
Nationalized / scheduled bank having a net worth of Rs. 1000 Crore or more which is a
prerequisite as stipulated by RLDA for issue of the said bank guarantee bond.
8. This guarantee will not be discharged due to the change in the constitution of the bank or the
bidder.
9. We lastly undertake not to revoke this Guarantee
during its currency except with the previous consent of the RLDA in writing.
10. Any demand by RLDA for encashment of the BG Bond shall be deemed to have been duly
served : if delivered by hand, when left at
(address of the issuing branch); and if given or made by pre-paid
registered post or facsimile transmission, when received at (address of issuing
branch of the Bank) or by email at email id (email of the issuing branch) on the fax no.
_(for the purposes of facsimile transmission).

IN WITNESS WHEREOF, THE BANK HAS executed this Guarantee Bond on the day, month and year
first above mentioned through its duly authorized representative.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 56

SEAL OFTHEBANK SIGNED,

SEALED AND DELIVERED

ON BEHALF OF THE BANK BY

SIGNATURE OF AUTHORISED REPRESENTATIVE OF THE

BANK

NAME AND
DESIGNATION
ADDRESS OF THE BRANCH
TELEPHONE & FAXNO.
SIGNATURES OF THE WITNESSES
NAMES OF THE WITNESSES
ADDRESSES OF THE WITNESSES

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 57

BID FORM 7: Special Power of Attorney for signing of Bid

Bid Document No: - RLDA/2023/RFP/CD/34 Dated 06.06.2023

This form is to be submitted only by the Bidder/ Lead Member, in case of Consortium.

Know all men by these presents, I/We, ________________________ (name of the Bidder 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/ the Lead Member of our
Consortium 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 bid for “Bid for “Grant of Lease for Residential Development on Railway Land of approx. area 90,304
Sqm, at Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years”.

Project proposed or being developed by the Rail Land Development Authority (“RLDA”) including but
not limited to signing and submission of all bids and other documents and writings, participating in
Bidders' and other conferences and providing information / responses to RLDA, representing us in
all matters before RLDA, signing and execution of all contracts including the /Lease Agreement and
undertakings consequent to acceptance of our bid, and generally dealing with RLDA 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 /Lease Agreement with RLDA.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things lawfully 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 __________, 20xx
FOR……………………………..
Signature ______________________ ________________________
(Director)
Name of the Person:________________ _______________________
Address
Company Seal:

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 58

I Accept

(Signature of the Attorney)

(Name, Title and Address of the Attorney)

(Director of the Lead Member)

I hereby attest and identify the signatures of our Attorney above-named.

Signature __

(Director)
Name of the Person:________________ _______________________
Address
Seal of the Entity:
[Notarized]
Name, Sign and Seal of the Notary
Witnesses:
1.
2.
Note:
 The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter / organizational/
constitutional 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.
 Also, wherever required, the Bidder should submit, for verification, the extract of the
charter documents and documents such as a resolution/power of attorney in favour of
the person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder.
 The Power of Attorney should be duly supported with the enabling Board Resolution of
the executants.
 For a Power of Attorney executed and issued overseas, the document will also have to
be consularized by the Indian Embassy and notarized in the jurisdiction where the
Power of Attorney is being issued. However, the Power of Attorney provided by
Bidders from countries that have signed The Hague Legislation Convention, 1961 are
not required to be consularized by the Indian Embassy if it carries a conforming
Apostille certificate.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 59

BID FORM 8: Special Power of Attorney in favour of the Lead Member of Consortium.

Bid Document No: -: RLDA/2023/RFP/CD/34 Dated 06.06.2023

WHEREAS THE RAIL LAND DEVELOPMENT AUTHORITY (the “RLDA”) has invited bids for “Bid for
“Grant of Lease for Residential Development on Railway Land of approx. area 90,304 Sqm, at Belanganj, Agra
under Agra Division of NCR (U.P.) for 99 years“Project (the “Project”).

WHEREAS, M/s ____,M/s _____ and M/s_________ (insert name and address and registered office
of all the Members )have formed a Consortium to submit their Bid in response to the Bid Documents
for “Bid for “Grant of Lease for Residential Development on Railway Land of approx. area 90,304 Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years“Project issued by the RLDA.

WHEREAS, it is necessary for the Members of the Consortium to designate one of them as the Lead
Member with all necessary power and authority to do for and on behalf of the Consortium, all acts,
deeds and things as may be necessary in connection with the Consortium’s bid for the Project and
its execution.

NOW, THEREFORE, KNOW YOU ALL BY THESE PRESENTS, that

We, M/s____M/s [name of the Company or other entities], a company

incorporated/ under the Companies Act, 2013(or relevant Law of the particular country where the
company is incorporated)/ registered_____________, having its Registered Office at
_________[address of the company] (hereinafter referred to as “Other Member 1”) and

M/s____M/s_[name of the Company or other entities], a company

incorporated under the Companies Act, 2013(or relevant Law of the particular country where the
company is incorporated)/ registered_____________, having its Registered Office at
_________[address of the company] (hereinafter referred to as “Other Member 3 ”) do hereby
nominate, constitute and appoint M/s______________M/s___________[name of the Company or
other entities], a company incorporated under the Companies Act, 2013(or relevant Law of the
particular country where the company is incorporated)/ registered_____________, having its
Registered Office at _________[address of the company] (hereinafter referred to as “Lead

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 60

Member”) as its/their true and lawful Attorney to do and execute all or any of the following acts,
deeds and things for the Consortium in its/their name and on its/their behalf, that is to say:
1. To act as the Lead Member of the Consortium for the purposes of the Project.
2. In such a capacity, to act as the Consortium’s official representative for submitting the Bid for
the Project and other relevant documents in connection therewith.
3. To sign, deliver and receive all papers for all proposals, offers, Project documents, necessary
documents, Proposals, representations and correspondence necessary and proper for the
purpose aforesaid.
4. To procure tender documents, receive and make inquiries, make the necessary corrections and
clarifications to the Project documents, as may be necessary.
5. To sign and execute contracts relating to the Project, including variation and modification
thereto.
6. To represent the Consortium at meetings, discussions, negotiations and presentations with
RLDA, Government Authorities, Competent Authorities and other Project related entities.
7. To receive notices, instructions and information for and on behalf of the Consortium.
8. To do all such acts, deeds and things in the name and on behalf of the Consortium as necessary
or required or incidental for the purpose aforesaid.
9. To appoint any other person(s) as our Attorney(s) to do all or any of the above acts, deed
and/or things or any other act, deed and/or thing which in the opinion of our said Attorney
ought to be done, executed or performed even if it has not been specifically mentioned
hereinabove, and to cancel, withdraw, modify and/or revoke the powers conferred upon such
attorney(s).

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things lawfully done or caused to be done by our said Attorney and/or delegated 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 and/or delegated attorney in exercise of the powers hereby
conferred shall and shall always be deemed to have been done by us/ Consortium.

IN WITNESS WHEREOF the Consortium Member(s) puts its/their hand and seal to this Power of
Attorney on this [day, month & year]
FOR _______________________________
Signature ______________________________________________
(Director)
(of the Other Member 1 of the Consortium)
Name of the Person:________________ _______________________
Company Seal:
FOR _________________________________________
Signature ______________________ ________________________

(Director)
(of the Other Member 2 of the Consortium)
Name of the Person:________________ _______________________
Company Seal:

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 61

FOR _______________________________
Signature ______________________ ________________________
(Director)
(of the Other Member 3 of the Consortium)
Name of the Person:________________ _______________________

Company Seal:

(Executants)
(To be executed by all the Other Members of the Consortium)

Countersigned by the Authorized Signatory of the Lead Member of the Consortium

Signature __

(Director)
Name of the Person:________________ _______________________

Designation:________________ _______________________
Company Seal /Seal of the Entity

Notarized
Name, Sign and Seal of the Notary

Witnesses:
1.
2.
(Executants)
(To be executed by all the Other Members of the Consortium)

Note:
1. The mode of execution of the Power of Attorney should be in accordance with the procedure if
any, laid down by the applicable law and the charter / organizational/ constitutional documents
of the executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.

2. Also, wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a resolution/ power of attorney in favour of the person
executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.

3. The Power of Attorney should be duly supported with the enabling Board Resolution of all the
Consortium Members.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 62

4. For a Power of Attorney executed and issued overseas, the document will also have to be
consularized by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Bidders from countries
that have signed The Hague Legislation Convention, 1961 are not required to be consularized
by the Indian Embassy if it carries a conforming Apostille certificate.

5. * Strike out wherever not applicable.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 63

BID FORM 9: Undertaking from Bidder/Member of Consortium for Claiming Experience of

Holding/Subsidiary.

Bid Document No: - RLDA/2023/RFP/CD/34 Dated 06.06.2023

(Each sole Bidder/Member of a Consortium which is relying upon the experience of its
Holding/Subsidiary has to submit this Undertaking on Non-Judicial Stamp Paper of appropriate
value (as prescribed by the Stamp Act of the respective State in which the document has to be
executed but not less than Rs.100) and duly notarized. An Undertaking executed and issued
outside the territory of India is to be consularized by the Indian Embassy and notarized in the
jurisdiction where the Undertaking is being executed)
Date:
Place:
To,
The Vice Chairman,
Rail Land Development Authority (RLDA),
Unit No. 702-B. 7th Floor, Konnectus Tower,
DMRC Building, Ajmeri Gate,
New Delhi-110002

Dear Sir,

Sub: Bid for “Grant of Lease for Residential Development on Railway Land of approx. area 90,304 Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years”.

This has reference to the Bid being submitted by ______________________(mention the name of
Bidder/Lead Member in case of a Consortium) in respect of the captioned Project in response to the
Bid Forms issued by the RLDA dated ________, 20__.
We hereby confirm the following:
1. I/We am/are relying upon the credentials of the following holding/subsidiary Company /
Entity to Bid for the Project, and the nature of our legal relationship [as per Bid Form3
(A), 3 (B) & 4 of Part-III], as per the requirements stated in the Bid Documents, is
provided in the table A, and B below. The details of the equity shareholding in support of
the legal relationship, duly certified as per the requirement of this Bid Documents, is
enclosed.

A. Details of Total/Goss Turnover to be considered to fulfil the Financial Eligibility

S. No. Head Total/ Gross Stake of Proportionate
Turnover of Bidder/ Member Total/ Gross
Holding/Subsidiary of Consortium in Turnover of
Company / Entity (in the Holding/ Bidder/ Member
Indian Rupees) Subsidiary of Consortium (in

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 64

Company / Entity Indian Rupees)

during the
Financial Year
(1) (2) (3) (4) = (2) x(3)

1 Financial Year 2019-20

2 Financial Year 2020-21

3 Financial Year 2021-22

4 Sum Total of Three Years

5 Average Total/Gross
Turnover (Sum Total ÷3)
OR

B. Details of Net worth to be considered to fulfil the Financial Eligibility

Calculation of Net Worth as on 31st March 2022:
Amount
Particulars (Rs. in Cr)
Subscribed and Paid-up Share / Capital XXXXX
(Including Equity/Security Premium)
Add General Reserves XXXXX
Less Revaluation Reserves XXXXX
Less Accumulated Losses XXXXX
Less Miscellaneous expenditure not written off XXXXX
Less Accrued liabilities not accounted for XXXXX
Less Intangible Assets XXXXX
XXXXXXX
TOTAL NET WORTH
Stake of Bidder / Member of Consortium in the Holding/ Subsidiary _____%
Company / Entity as on 31st March 2022:
Proportionate amount of Net worth claimed as per stake in Holding/ XXXXX
Subsidiary Company / Entity:

2. The detailed Financial experience of our holding/subsidiary Company /

Entity____________(insert name of the holding/subsidiary Company / Entity ) for the
above mentioned projects is enclosed, duly certified as per Bid Form- 3 (A), 3 (B) & 4 of
Part-III and this Bid Documents in respect of Financial Eligibility.
3. We also agree that any change which affects our eligibility at any point of time till the
full payment of Lease Premium or till one year after the completion of the captioned
Project, whichever is later, could lead to termination of the contract and forfeiture of

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 65

the Bid Security/ Commitment Security/Performance Guarantee, as the case may be, by
RLDA.
4. We are hereby enclosing necessary certificates and documents as required under the Bid
Documents. We therefore request RLDA to consider our strengths, our financial
experience, and our track record as specified in the Bid Documents, for the purposes of
evaluation of the minimum financial eligibility criteria.

For and on behalf of__________________(insert name of the Bidder /Member of the Consortium
which is relying upon the experience of its Constituent Company/Entity)

Signature __

(Director) (Company Secretary)
(Of the Bidder / Member of the Consortium)
Name of the Person:________________ _______________________
Designation:________________ _______________________
Address
Company Seal/Seal of Entity
Countersigned by the Authorised Signatory of the Bidder / Lead Member in case of a Consortium.

Signature __________________________
Name of the Person :__________________________
Designation :___________________________
Address
Enclosed: 1 ……….
2 ……….
……….

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 66

BID FORM 9A: Undertaking from Bidder/Member of Consortium for Claiming

Experience of Partnership Firm.

Bid Document No: - RLDA/2023/RFP/CD/34 Dated 06.06.2023

(Each sole Bidder/Member of a Consortium which is relying upon the experience of its Partnership
Firm has to submit this Undertaking on Non-Judicial Stamp Paper of appropriate value (as
prescribed by the Stamp Act of the respective State in which the document has to be executed but
not less than Rs. 100) and duly notarized. An Undertaking executed and issued outside the
territory of India is to be consularized by the Indian Embassy and notarized in the jurisdiction
where the Undertaking is being executed)
Date:
Place:
To,
The Vice Chairman,
Rail Land Development Authority (RLDA),
Unit No. 702-B. 7th Floor, Konnectus Tower,
DMRC Building, Ajmeri Gate,
New Delhi-110002

Dear Sir,

Sub: Bid for “Grant of Lease for Residential Development on Railway Land of approx. area 90,304 Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years”.

This has reference to the Bid being submitted by ____________________(Mention the name of
Bidder/Lead Member in case of a Consortium) in respect of the captioned Project in response to
the Bid Forms issued by the RLDA dated , 2023.

I/We hereby confirm the following:

1. I Am/We are relying upon the credentials of the following Partnership Firm to Bid for the
Project, and the nature of my/our legal relationship, as per the requirements stated in the Bid
Documents, is provided in the table below. The details of my/our stake (Copy of Partnership
Deed etc.) in support of the legal relationship, duly certified as per the requirement of the Bid
Documents are enclosed.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 67

A. Details of Gross Revenue to be considered to fulfill the Financial Eligibility

S. No Head Gross Annual Stake of Bidder/ Proportionate Gross
Revenues of Member of Annual Revenue
Partnership Firm Consortium in the of Bidder/
(in Indian Partnership Firm during Member of
Rupees) the Financial Year Consortium in the
Partnership Firm
(1) (2) (3) (4) = (2) x (3)

1 Financial Year
2019-20
2 Financial Year
2020-21
3 Financial Year
2021-22
Sum Total of
Three Years
Average Total
/Gross Turnover
(Sum Total ÷3)

OR
B. Details of Net worth to be considered to fulfil the Financial Eligibility
Calculation of Net Worth as on 31st March 2022:
Amount
Particulars (Rs. in Cr)
Subscribed and Paid-up Share / Capital XXXXX
(Including Equity/Security Premium)
Add General Reserves XXXXX
Less Revaluation Reserves XXXXX
Less Accumulated Losses XXXXX
Less Miscellaneous expenditure not written off XXXXX
Less Accrued liabilities not accounted for XXXXX
Less Intangible Assets XXXXX
XXXXXXX
TOTAL NET WORTH
Stake of Bidder / Member of Consortium in the Partnership firm as on ___________%
31st March 2022:
Proportionate amount of Net worth claimed as per stake in Partnership XXXXXX
Firm:

2. The detailed Financial experience of the Partnership Firm ______________(insert name of

the Partnership Firm) for the above mentioned projects is enclosed, duly certified as per the
requirements of this Bid Documents in respect of Financial eligibility.
3. I/We also agree that any change which affects my/our eligibility at any point of time till the full

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 68

payment of Lease Premium or till one year after the completion of the captioned Project,
whichever is later, could lead to termination of the contract and forfeiture of the Bid Security by
RLDA.
4. I am/We are hereby enclosing necessary certificates and documents as required under the Bid
Documents. We therefore request RLDA to take into account the above credentials of the
Partnership Firm while considering my/our financial strengths, experience and track record as
specified in the Bid Documents, for the purposes of evaluation of the minimum financial
eligibility criteria.

For and on behalf of (insert name of the Bidder /Member of the

Consortium which is relying upon the experience of its Partnership Firm)

Signature (Bidder / Member of

the Consortium)
Name of the Person:
Designation: _________________________
Address:

Enclosed: 1……….
2 ……….

Note: -
Please refer to clause 3 of “Part –I Regulations for Bids and Lease Agreement and Bid Form- 3 (A), 3
(B) & 4 of Part-III.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 69

BID FORM 10: Undertaking from Holding/Subsidiary

Bid Document No: - RLDA/2023/RFP/CD/34 Dated 06.06.2023

(Each holding/subsidiary entity whose experience is being relied upon has to submit this
undertaking on Non-Judicial Stamp Paper of appropriate value (as prescribed by the Stamp Act of
the respective State in which the document has to be executed but not less than ₹100) and duly
notarized. An Undertaking executed and issued outside the territory of India is to be consularized
by the Indian Embassy and notarized in the jurisdiction where the Undertaking is being executed)
Date:
Place:
To,
The Vice Chairman,
Rail Land Development Authority (RLDA),
Unit No. 702-B. 7th Floor, Konnectus Tower,
DMRC Building, Ajmeri Gate,
New Delhi-110002

Dear Sir,

Sub: Bid for “Grant of Lease for Residential Development on Railway Land of approx. area 90,304 Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years”.

This has reference to the Proposal being submitted by _______________

(Mention the name of Bidder/Lead member in case of a Consortium) in respect of the captioned
Project in response to the Bid Forms issued by the RLDA dated , 2023.
We hereby confirm the following:

We have examined in detail and have understood and satisfied ourselves regarding the contents of
the Bid Documents.

The nature of our legal relationship with (name of the Bidder

OR Consortium Member which is claiming the experience of its holding or subsidiary company),
which is the Bidder/ Member of the consortium, as per the requirements stated in the Bid
Documents, is (Please insert the details
of the relationship). We have understood the nature of the work/project being undertaken by the
Bidder and the reason for which our Construction experience is being sought to be relied upon, by it.

We undertake and hereby commit that for the successful implementation of the RLDA’s above
mentioned project, we shall maintain the holding-subsidiary relationship as defined in the
Companies Act, 1956/2013, and shall continue to provide requisite support to (name of the Bidder
OR Consortium Member, for which the Undertaking is being furnished) in respect of the roles
(briefly define the roles of the Bidder OR

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 70

Consortium Member) as detailed in the Bid Documents being submitted by (name of the Bidder
OR the Lead Consortium Member in case of a Consortium), till a period of one year after the
completion of the project or till the full payment of Lease Premium, whichever is later.

For and on behalf of (insert name of holding or subsidiary entity

whose experience is being relied upon)

Signature ................................. ......................................

(Director) (Company Secretary)

(Of the holding or subsidiary entity whose experience is being relied upon)

Name of the person:...........................Name of the person:............................

Address of the person Address of the Person

Company Seal/Seal of the Entity

Countersigned by Authorized Signatory of the Bidder/ Lead Member in case of Consortium.

Name of the Person :
Designation :
Address

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 71

BID FORM 10 “A”: Undertaking from Partnership Firm

Bid Document No: - RLDA/2023/RFP/CD/34 Dated 06.06.2023

(Each Partnership Firm whose experience is being relied upon has to submit this undertaking on
Non-Judicial Stamp Paper of appropriate value (as prescribed by the Stamp Act of the respective
State in which the document has to be executed but not less than Rs.100) and duly notarized. An
Undertaking executed and issued outside the territory of India is to be consularized by the Indian
Embassy and notarized in the jurisdiction where the Undertaking is being executed)
Date:
Place:
To,

The Vice Chairman,

Rail Land Development Authority (RLDA),
Unit No. 702-B. 7th Floor, Konnectus Tower,
DMRC Building, Ajmeri Gate,
New Delhi-110002

Dear Sir,

Sub: Bid for “Grant of Lease for Residential Development on Railway Land of approx. area 90,304 Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years”.

This has reference to the Proposal being submitted

by______________(mention the name of Bidder/Lead member in case of a Consortium) in
respect of the captioned Project in response to the Bid Forms issued by the RLDA dated
, 2023.

We hereby confirm the following:

We have examined in detail and have understood and satisfied ourselves regarding the contents of
the Bid Documents.

The nature of the legal relationship of (name of the

Bidder/Consortium Member who is claiming the experience of this Partnership Firm), with our Firm,
as per the requirements stated in the Bid Documents, is that of a “Partner”. We have understood
the nature of work/project being undertaken by the Bidder/Consortium Member, and the reason for
which our Construction experience is being sought to be relied upon, by him/her.

We undertake and hereby commit that for the successful implementation of the RLDA’s above
mentioned project, will continue to be the Partner
of this Firm with minimum % stake in this Firm, and we

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 72

shallcontinuetoproviderequisitesupportto (name of the Bidder/Consortium

Member, for whom the Undertaking is being furnished) in respect of his/her role as
(briefly define the roles of the Bidder OR
Consortium Member) in the Project, as detailed in the Bid Documents being submitted by
(name of the Bidder/ the Lead Consortium
Member in case of a Consortium), till a period of one year after the completion of the project or till
the full payment of Lease Premium, whichever is later.

For and on behalf of

(Insert name of Partnership Firm whose experience is being relied upon)

Signature ................................. ......................................

(Partner) (Managing Partner)

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 73

BID FORM 11: Statement of Legal Capacity

Bid Document No: -RLDA/2023/RFP/CD/34 Dated 06.06.2023

{To be printed on the authorized Letter head of the Bidder (in case of sole Bidder) or the Lead
Member (in case of Consortium), including full postal address, telephone, faxes and e-mail address}
Date:
To,
The Vice Chairman,
Rail Land Development Authority (RLDA),
Unit No. 702-B. 7th Floor, Konnectus Tower,
DMRC Building, Ajmeri Gate,
New Delhi-110002

Sub: Bid for “Grant of Lease for Residential Development on Railway Land of approx. area 90,304Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years”.

Dear Sir,

We hereby confirm that we/ our members in the Consortium (constitution of which has been
described in the Bid) are permitted to Bid and execute the Project(s), if selected, as per the object of
business of our charter/ registration/ incorporation documents, satisfy the terms and conditions laid
out in the Bid Documents and that we are not otherwise debarred from bidding for this Project(s) by
any provision of Applicable Laws.*

We have agreed that ______________(insert Member’s name) will act as the Lead member of our
Consortium.

We have agreed that ______________(insert individual’s name) will act as our representative/ will
act as the representative of the Consortium on behalf** and has been duly authorized to submit the
Bid Documents. Further, the authorized signatory is vested with requisites power to furnish such
letter and authenticate the same.

Thanking you,
Yours faithfully,
(Signatory, name and designation of the authorized signatory)
For and on behalf of __________________
* Copy of charter/registration/incorporation documents should be attached with this Bid Form.
** Please strike out whichever is not applicable

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 74

BID FORM FOR FINANCIAL PROPOSAL

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 75

BID FORM 12: Financial Proposal

Note: To be submitted online in .xls format only

Tender No: - RFP Notice No: RLDA/2023/RFP/CD/34 Dated 06.06.2023

Name of Site: - Belanganj, Agra under Agra Division of NCR (U.P.)
Name of Project: - Bid for “Grant of Lease for Residential Development on Railway Land of approx. area
90,304 Sqm, at Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years”.

Reserve Price for Lease Premium: Rs.213.80 Crore for Area approx. 90,304 Sqm.
with Utilizable and offered FAR of 1.275

I/We agree to abide by this Bid, which consist of my/our financial offer hereto, for a period of 120
(one hundred and twenty) days from the Bid Due Date and it shall remain binding on me/us and
may be accepted by you any time before the expiration of the said period.

I/We offer Rs. ________________* as Lease Premium for grant of the lease rights on the Land Area
of 90,304 Sqm with FAR area of 1,15,138Sqm FAR of 1.275., after duly considering all costs towards
all development fee/charges, Labour welfare Cess, approval charges, all incidental fees, taxes and
duties etc., to be made to Regulatory Authorities / local Development Authorities/ Revenue
Authorities/ Registration Authorities, as a part of overall cost of approvals for the development and
agree to pay Annual Lease Rent mentioned as per break-up given below:

Bidding Parameter Bidder’s Offer in Rs (please insert in Figures AND words)

(1) (2)
Lease Premium Rs. ______________________
(Rupees___________________________)

Annual Lease Rent (ALR) Rs.1.00 lakh per annum with 15% escalation after every three years
(to be compounded) for the lease period.

The applicable taxes/duties/levies/GST shall be payable extra by the bidder in addition to the above
quoted/ offered rates (LP and ALR)

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 76

PAYMENT SCHEDULE
A. Lease Premium
Particulars Installments as Due Date Amount
% of Lease
Premium
First 20% Within 60 days 20% of the Lease Premium plus interest
Installment from the date of @ 11.75% or 11.75%+3% per annum as
issue of Letter of per note 2 & 3 below, on full amount of
Acceptance (LOA) Lease Premium for the period of
by RLDA extension, if any plus applicable GST
thereon.
“Applicable GST will be paid by the
selected developer on RCM method.”
Second 20% On or before the 20% of the Lease Premium plus interest
Installment first anniversary @ 11.75% per annum on the total
date of Payment of outstanding amount of Lease Premium
the First Installment (Cumulative amount of Second, Third,
Fourth& Fifth installments) for the
period from date of Payment of First
Installment to the actual date of
payment of Second Installment, plus
applicable GST thereon.
“Applicable GST will be paid by the
selected developer on RCM method.”
Third 20% On or before the 20% of the Lease Premium plus interest
Installment second anniversary @ 11.75% per annum on the total
date of Payment of outstanding amount of Lease Premium
the First Installment (amount of Third, Fourth & Fifth
installments) for the period from date of
Payment of Second Installment to the
actual date of payment of Third
Installment, plus applicable GST thereon.
“Applicable GST will be paid by the
selected developer on RCM method.”

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 77

A. Lease Premium
Particulars Installments as Due Date Amount
% of Lease
Premium
Fourth 20% On or before the 20% of the Lease Premium plus interest
Installment third anniversary @ 11.75% per annum on the total
date of Payment of outstanding amount of Lease Premium
the First Installment (amount of Fourth& Fifth installments)
for the period from date of Payment of
Third Installment to the actual date of
payment of Fourth Installment, plus
applicable GST thereon.
“Applicable GST will be paid by the
selected developer on RCM method.”

Fifth 20 % On or before the 20% of the Lease Premium plus interest

Installment Fourth anniversary @ 11.75% per annum on the total
date of Payment of outstanding amount of Lease Premium
the First Installment (amount of Fifth installments) for the
period from date of Payment of Forth
Installment to the actual date of
payment of Fifth Installment, plus
applicable GST thereon.
“Applicable GST will be paid by the
selected developer on RCM method.”

B. Annual Lease Rent I/We offer to pay to RLDA every year in advance (not later than 10 thApril) the
Annual Lease Rent and the same shall be revised upwards by 15% (Fifteen percent) every three
years (compounded) during the entire term. The first revision affected from the beginning from the
third financial year subsequent to the one in which the payment of first Annual Lease Rent become
due. The payment of Annual Lease Rent shall commence from the day after the execution of Lease
Agreement and shall continue to be paid every year in advance at the beginning of each financial year
(not later than 10th April) till the expiry of the term of the lease agreement.

Note:
1. All applicable taxes/duties/levies/GST shall be payable extra by the bidder in addition to the
above quoted/ offered rates (LP and ALR).
2. The total Lease Premium is to be paid within 4 (Four) years from the date of payment of the
First Installment. An extension of up to 60 (sixty) days beyond the stipulated deadline for the
payment of the First Installment as mentioned above, may be granted on written request of
the Selected Bidder to RLDA, provided the Selected Bidder pays interest @ 11.75% (Eleven-
point Seven Five percent) p.a. on the full amount of Lease Premium to be paid along with the

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 78

First Installment, plus applicable GST. The interest shall be calculated for the number of days
of extension availed by the Selected Bidder.
3. Further extension of upto 30(Thirty) days beyond the above extended period of 60(sixty)
days for the payment of the First Installment, may be granted with an additional Penal
interest of 3% (three percent) per annum, over and above the interest of 11.75% (Eleven-
point Seven Five percent) per annum, on the full amount of Lease Premium to be paid along
with the First Installment amount, plus applicable GST. However, no further extension shall
be given and the RLDA shall terminate the LOA/Lease Agreement, as the case may be, and
forfeit the Bid Security and other amounts as per the provisions of the bid document.
3 (A) Adjustment from Bid Security, PBG & Security Deposit: - There shall not be any payment
default on part of bidder/developer. However, in exceptional cases, where there are
bonafide reasons to the satisfaction of RLDA, any deficit/ shortfall in payment by
bidder/developer, may be adjusted by RLDA, on the request of the bidder, upto the extent of
amount available in any form of Bid Security, PBG & Security Deposit, so as to avoid the
payment default case and save the contract from termination. In such a eventuality,
concerned bidder/developer has to recoup the bid security/ PBG/ Security Deposit amount
along with a penal amount @ 3% higher than the highest applicable rate of interest specified
in the Schedule of Payment, of amount adjusted, from due date of payment, up to date of
recoupment. The recoupment has to be done within a period of six months. In case Bid
Security, PBG & Security amount is not sufficient to meet out the short fall amount OR
recoupment of Bid Security/ PBG/ Security Deposit is not done within six months period, then
matter shall be dealt as per Contract/RFP provisions treating as payment default.
4. The remaining Second, Third, Fourth & Fifth Installments (the “Subsequent Installments”)
shall be paid by the Lessee to RLDA as per the Payment Schedule shown above. The Lessee
may pay part of any of the Subsequent Installments any time after the due date of the
preceding Installment but before the due date of that Installment and in such case the
interest @11.75% per annum as provided in the payment schedule above on such part
payment shall be applicable till the date of the part payment.
5. The offered Lease Premium is for the area of Site and Floor Area (FAR) specified above. In
case any variation in the area of the Site is found at the time of handing over possession of
the Site, the Lease Premium shall be revised on pro-rata basis on the actual area of Site. After
approval of plan/scheme by concerning local authority if there is variation in FARI/Floor Area
with respective reference FAR/Floor Area, the Lease Premium shall be revised on pro-rata
basis as specified in 5.4.4 of part-II, of GCLA. In case there is no change in Built Up Area, the
Lease Premium and the Annual Lease Rent shall remain unchanged.
6. If during the Construction Period, in the event FAR gets reduced to less than the extent
mentioned hereinabove due to any order/notification/instruction/road widening/acquisition
for public purpose etc. of concerned municipal authority / Government body subsequent to
the issue of Letter of Acceptance but during the Construction Period and the Compensatory
FAR is not passed on to the Lessee, the Lessee shall be entitled for pro-rata reduction in the
Lease Premium as specified in 5.4.4 of part-II, of GCLA.
7. In case developer intends to develop more commercial area by taking the permission from
Development Authority(ADA) then he has to pay additional premium of Rs.5.75 Cr for every

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 79

1% increase in commercial floor area than the stipulated in the bid document (0.5% of the
total floor area).
8. The Lease Premium and Annual Lease Rent shall be paid in the form of Demand Draft or
Account Payee cheque in favour of “Rail Land Development Authority” issued by a
Nationalized/ Scheduled bank. In case of payment through cheque, the same shall be subject
to realization of the cheque. The payment can also be made via Electronic mode i.e. RTGS /
NEFT etc. In such case, the details thereof shall be sent to RLDA for crediting the respective
Account.
9. For online payment of lease premium /annual lease rent, RLDA’s bank particulars are as
under:
Account Name: Rail Land Development Authority
Name of bank and Branch: State Bank of India, Rail Bhawan, New Delhi
Current Account Number: 30231544682
IFSC: SBIN 0003771
In case of online payment, the selected bidder, lessee shall submit break up of
payment for proper accountable in their account.
10. RLDA, being an authority of the Union of India under Ministry of Railways, is part of the
Government and deduction of income tax at source (TDS) would not be applicable on the
payments to be made by the Selected Bidder/ Lessee to RLDA.
11. The GSTIN of RLDA is 07AAAGR0030G1ZT

Yours faithfully,
Date:
Place:

Signature of Authorized Signatory of the Bidder

(Name, Designation, Address)
Company Seal / Seal of the Bidder

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 80

(Other Forms)
BID FORM NO 13 TO 16

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 81

Form No.-13 for Guarantee Bond for Installment of Lease Premium

Bid Document No: -RLDA/2023/RFP/CD/34 Dated 06.06.2023

(To be executed on non-judicial stamp paper of appropriate value, as prescribed by the Stamp Act
of the respective State in which the document has to be executed but not less than Rs.100/-)
Date: ………………………
No. …………………………
To
The Vice Chairman
Rail Land Development Authority (RLDA),
Unit No. 702-B. 7th Floor, Konnectus Tower,
DMRC Building, Ajmeri Gate,
New Delhi-110002

In consideration of the Rail Land Development Authority (hereinafter called The “RLDA”) having
agreed to exempt ________________________ (hereinafter called “The said Successful Bidder/
Lessee) from the demand, under the terms and conditions of Bid Documents/LOA
No._____________ dated _________ made between RLDA and
_______________________________for ___________________________ (hereinafter called “the
said LOA/Lease Agreement), for the due fulfillment by the said Successful Bidder/ Lessee of the
terms and conditions contained in the said Bid Documents/Lease Agreement, for securing the
payment of 1st / 2nd /3rd/ 4thinstallments of lease premium on production of a Bank Guarantee for
Rs.________________ (Rupees____________________ only) we, ____________________
(hereinafter referred to as the bank”) at the request of _______________________ Successful
Bidder/ Lessee do hereby undertake to pay to the RLDA any amount not exceeding Rs.
_________________________ against any loss or damage caused or suffered or would be caused to
or suffered by the RLDA by reason of any breach by the said Successful Bidder/ Lessee of any of the
terms or conditions contained in the said Bid Documents/ Lease Agreement.

2. We ______________________________ (Indicating name of the bank) do hereby undertake to

pay the amounts due and Payable under this guarantee without any demur, merely on a
demand from the RLDA stating that the amount claimed is due by way of loss or damage
caused to or would be caused to or suffered by the RLDA by reason of breach by the said
Successful Bidder/ Lessee of any of the terms or conditions contained in the said LOA/Lease
Agreement or by reason of the Successful Bidder/ Lessee failure to perform the obligations
under the said LOA/Lease Agreement. Any such demand made on the bank shall be conclusive
as regards the amount due and payable by the bank under this guarantee. However, our
liability under this guarantee shall be restricted to an amount not exceeding Rs. _________
(Rupees ________________________________).

3. We undertake to pay to the RLDA any money so demanded notwithstanding any dispute or
disputes raised by the Successful Bidder/ Lessee in any suit or proceeding pending before any

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 82

court or tribunal relating thereto, our liability under this present being absolute and
unequivocal. The payment so made by us under this bond shall be a valid discharge of our
liability for payment there under and the Successful Bidder/ Lessee shall have no claim against
us for making such payment.

4. We _______________________(indicate the name of the bank) further agree that the

guarantee herein contained shall remain in full force and effect during the period that would
be taken for the fulfillment of conditions of the said LOA/Lease Agreement and that it shall
continue to be enforceable till all the dues of the RLDA under or by virtue of the said LOA/Lease
Agreement have been fully paid and its claim satisfied or discharged or till RLDA certifies that
the terms and conditions of the said LOA/Lease Agreement have been fully and properly
carried out by the said Successful Bidder/ Lessee and accordingly discharges the guarantee.
Unless a demand or claim under this guarantee is made on us in writing on or before the
_____________, we shall be discharged from all liability under this guarantee thereafter.

5. We ________________________(indicate the name of the bank) further agree with the RLDA
that the RLDA shall have the fullest liberty without our consent and without affecting in any
manner our obligations hereunder to vary any of the terms and conditions of the said
LOA/Lease Agreement or to extend time of performance by the said Successful Bidder/ Lessee
from time to time or to postpone for any time or from time to time any of the powers
exercisable by the RLDA against the said Successful Bidder/ Lessee and to forbear or enforce
any of the terms and conditions relating to the said LOA/Lease Agreement and we shall not be
relieved from our liability by reason of any such variation or extension being granted to the
said Successful Bidder/ Lessee or for any forbearance, act or omission on the part of the RLDA
(Government”) or any indulgence by the RLDA to the said Successful Bidder/ Lessee or any
such matter or thing whatsoever which under the law relating to sureties would, but for this
provision, have effect of so relieving us.

6. The Bank Guarantee Bond shall be a continuing irrevocable obligation. Invocation of this
Guarantee Bond by any official of RLDA shall be valid and unquestionable.

7. We, ___________________________ further state that ours is a nationalized/scheduled bank

having a net worth of Rs. 1000 Crores or more which is a prerequisite as stipulated by RLDA for
issue of the said bank guarantee bond.

8. This guarantee will not be discharged due to the change in the constitution of the bank or the
Successful Bidder/ Lessee.

9. We _________________________ lastly undertake not to revoke this guarantee during its

currency except with the previous consent of the RLDA in writing.

10. Any demand by RLDA for encashment of the BG Bond shall be deemed to have been duly
served: if delivered by hand, when left at ________________(address of the issuing branch);
and if given or made by pre-paid registered post or facsimile transmission, when received at

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 83

_____________(address of issuing branch of the Bank) or by email at email id

_________________ (email of the issuing branch) on the fax no.________(for the purposes of
facsimile transmission)

IN WITNESS WHEREOF, THE BANK HAS executed this Guarantee Bond on the day, month and
year first above mentioned through its duly authorized representative.

SEAL OF THE BANK SIGNED, SEALED AND DELIVERED

ON BEHALF OF THE BANK
BY SIGNATURE OF AUTHORISED
REPRESENTATIVE OF THE BANK_________________________________________
NAME AND DESIGNATION________________________________________
ADDRESS OF THE BRANCH_______________________________________
TELEPHONE & FAX NO ___________________________________
SIGNATURES OF THE WITNESSES_________________________________
NAMES OF THE WITNESSES_____________________________________
ADDRESSES OF THE WITNESSES__________________________________

Note: Bank Guarantee Repository System (BGRS) in RLDA – While issuing Bank Guarantee
applicant must mention receiver’s details as ICICI Bank IFSC ICIC0000007, Branch Connaught Place,
New Delhi, at which SFMS IFN 760 message shall be sent by issuing Bank through SFMS, to
establish the authenticity of issued BG.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 84

Form No. 14: Form of Lease Agreement

Bid Document No: RLDA/2023/RFP/CD/34 Dated 06.06.2023

This LEASE AGREEMENT (“Lease Agreement”) dated this [￭ ] day of [￭ ] 20xx (“Effective Date”) is
entered into at ________ by and between:
1. Rail Land Development Authority, a statutory authority constituted under the Railways
(Amendment) Act, 2005 (No 47 of 2005) having its office at
___________________________________________________________________________
__ (hereinafter referred to as “RLDA”, which expression shall, unless repugnant to or
inconsistent with the context, mean and include its successors and permitted assigns)
represented herein through Mr.____________________, the Authorized Signatory, as
authorized vide Office Order No._________ dated ________________of the FIRST PART;
AND
2. [insert name of the Lessee], a company incorporated under the Companies Act, 2013
and having its registered office at [insert address] (hereinafter referred to as the “Lessee”,
which expression shall, unless repugnant to or inconsistent with the context, mean and
include its successors and permitted assigns) represented herein through
Mr.____________________, the Authorized Signatory, as authorized vide Board Resolution
dated ________________ of the SECOND PART.
(Each of the parties of the FIRST and SECOND parts are hereinafter, as the context may
admit or require, individually referred to as a “Party” and collectively as the “Parties”).
WHEREAS
A. RLDA is a statutory authority constituted under the Railways (Amendment) Act, 2005 (No 47
of 2005) with the obligation, inter alia, of development on Railway Land for commercial use,
entrusted to it by the Central Government (Ministry of Railways) for the purpose of
generating revenue (required by Railways for up-gradation / maintenance of its network) by
non – tariff measures.
B. RLDA intends to undertake commercial development over a land area of approximately
______ Sqm of Railway Land at ________________ as described, more particularly in
__________ (the ‘Site’).
C. As part of the proposed development of the Site, RLDA had conducted a competitive bidding
process by inviting proposal in the form of bids (the “Bid”) vide its Bid Notice no. _____
dated _____ to undertake the development of the Site, on the terms and conditions
specified herein.
D. The [Name of the Selected Bidder entity and in case of a consortium, name of all the
members of the Selected Bidder entity] (the ‘Selected Bidder’) was the successful bidder and
was issued the Letter of Acceptance (the “LOA”) dated ___________ by RLDA.
E. The Selected Bidder has, in accordance with the LOA, promoted and incorporated the
Lessee as a company under the provisions of the Companies Act, 2013 and the Selected
Bidder and the Lessee have, by their letters dated _______ and _______ respectively,
requested RLDA to accept the Lessee as the entity, which shall undertake and perform the
obligations and enjoy the rights as specified herein.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 85

F. The Lessee/Selected Bidder5, in compliance of the terms and conditions of the LOA, has:
(a) paid to RLDA an amount of `__________ towards the First Installments of the Lease
Premium as specified in the LOA, in the following manner:
(i) ______________________________________;
(ii) ______________________________________;
and

(b) deposited with RLDA a bank guarantee of value `_____ (Rupees __only) no. [ ___
issued by___dated____ on [insert date] (the “Performance Guarantee”).

G. The Lessee is desirous of acquiring lease rights over the Site for the purposes of
conceptualizing, designing, financing, construction, marketing, leasing, operating and
maintaining the Assets upon the Site.
H. RLDA has agreed to grant to the Lessee, the lease rights and other rights in the Site [and
license and right to access the Redevelopment Land for designing, financing, constructing
and vesting of the Redevelopment Assets] subject to the fulfillment of the Conditions
Precedent and upon the fulfillment of the other obligations of the Lessee as contained
herein in accordance with the terms and conditions of this Lease Agreement.

NOW THEREFORE, in consideration of the mutual covenants, terms and conditions and
understandings set forth in this Lease Agreement and related Lease Documents (the receipt and
adequacy of which are hereby mutually acknowledged), the Parties, with the intent to be legally
bound, hereby agree to the terms and conditions specified herein:
1. RLDA grants to the Lessee, the Site on lease for a period of ___ years from the Effective Date on
the terms and conditions contained in the following documents which shall be deemed to form a
part of this Lease Agreement:
a) The Letter of Acceptance dated____;
b) Bid Documents

The Lessee shall carry out the Development Project on the Site leased out to it [and the
Redevelopment Project on the Redevelopment Land] in accordance with the provisions of the Lease
Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused the Lease Agreement to be signed in their
respective names as of the day and year first above written.

5
Strike out whichever is not applicable.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 86

FOR AND ON BEHALF OF Witness

Rail Land Development Authority
By ……………………………………., Authorized 1. Signature
Representative Name
Address
2. Signature
Name
Address

FOR AND ON BEHALF OF Witness

[name of the Lessee] 1. Signature

By ……………………………………, Authorized Name
Representative Address
2. Signature
Name
Address

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 87

SCHEDULE - I
PART – A
SITE DESCRIPTION AND SITE PLAN
(To be reproduced from LDHB Part-V Schedules and Specifications)

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 88

SCHEDULE - I
PART – B
DCR Norms
(To be reproduced from LDHB Part-V Schedules and Specifications)

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 89

SCHEDULE - I
PART – C
SITE INVENTORY
(To be reproduced from LDHB Part-V Schedules and Specifications)

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 90

SCHEDULE - II
ASSETS
(To be reproduced from LDHB Part-V Schedules and Specifications)

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 91

SCHEDULE - III
PROJECT UTILITIES
(To be reproduced from LDHB Part-V Schedules and Specifications)

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 92

SCHEDULE - IV
SCHEDULE OF PAYMENT
(Bid Form-12, submitted by the Bidder should be reproduced)

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 93

SCHEDULE –V
MANDATORY WORKS
(To be reproduced from LDHB Part-V Schedules and Specifications)

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 94

SCHEDULE – VI
SPECIFICATIONS OF MANDATORY WORKS
(To be reproduced from LDHB Part-V Schedules and Specifications)

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 95

SCHEDULE – VII
DRAWINGS OF MANDATORY WORK
(To be reproduced from LDHB Part-V Schedules and Specifications)

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 96

Form No. 15: Performance Guarantee

Bank Guarantee bond for Performance Guarantee
(To be executed on Non-Judicial Stamp paper of Rs. 100/-)

Date:
No.

To,
The Vice Chairman,
Rail Land Development Authority (RLDA),
Unit No. 702-B. 7th Floor, Konnectus Tower,
DMRC Building, Ajmeri Gate,
New Delhi-110002

In consideration of the Rail Land Development Authority (hereinafter called “The RLDA) having
agreed to exempt________________________ (hereinafter called “The said Selected Bidder/
Lessee) from the demand, under the terms and conditions of Bid Documents/LOA No./ Agreement
____________________ dated ________________ made between RLDA and
____________________________________for_______________________ (hereinafter called
“the said LOA/Lease Agreement), of security deposit, for the due fulfillment by the said Selected
Bidder/ Lessee of the terms and conditions contained in the said Bid Documents/Lease
Agreement, on production of a Performance Bank Guarantee Bond for Rs.________________
(Rupees____________________ only) we, ____________________ (hereinafter referred to as
the bank”) at the request of _______________________ Selected Bidder/ Lessee do hereby
undertake to pay to the RLDA any amount not exceeding Rs. ________________________ against
any loss or damage caused or suffered or would be caused to or suffered by the RLDA by reason of
any breach by the said Selected Bidder/ Lessee of any of the terms or conditions contained in the
said Bid Documents/ Lease Agreement.
2. We ______________________________ (Indicating name of the bank) do hereby undertake to
pay the amounts due and Payable under this guarantee without any demur, merely on a
demand from the RLDA stating that the amount claimed is due by way of loss or damage caused
to or would be caused to or suffered by the RLDA by reason of breach by the said Selected
Bidder/ Lessee of any of the terms or conditions contained in the said LOA/Lease Agreement or
by reason of the Selected Bidder/ Lessee failure to perform the obligations under the said
LOA/Lease Agreement. Any such demand made on the bank shall be conclusive as regards the
amount due and payable by the bank under this guarantee. However, our liability under this
guarantee shall be restricted to an amount not exceeding Rs. _________ (Rupees
________________________________).
3. We undertake to pay to the RLDA any money so demanded notwithstanding any dispute or
disputes raised by the Selected Bidder/ Lessee in any suit or proceeding pending before any
court or tribunal relating thereto our liability under this present being absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge of our liability for

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 97

payment there under and the Selected Bidder/ Lessee shall have no claim against us for making
such payment.

4. We _______________________ (Indicating name of the bank) further agree that the guarantee
herein contained shall remain in full force and effect during the period that would be taken for
the performance of the said LOA/Lease Agreement and that it shall continue to be enforceable
till all the dues of the RLDA under or by virtue of the said LOA/Lease Agreement have been fully
paid and its claim satisfied or discharged or till RLDA certifies that the terms and conditions of
the said LOA/Lease Agreement have been fully and properly carried out by the said Selected
Bidder/ Lessee and accordingly discharges the guarantee. Unless a demand or claim under this
guarantee is made on us in writing on or before the _____________ we shall be discharged from
all liability under this guarantee thereafter.

5. We ________________________ (Indicating name of the bank) further agree with the RLDA
that the RLDA shall have the fullest liberty without our consent and without affecting in any
manner our obligations hereunder to vary any of the terms and conditions of the said LOA/Lease
Agreement or to extend time of performance by the said Selected Bidder/ Lessee from time to
time or to postpone for any time or from time to time any of the powers exercisable by the
RLDA against the said Selected Bidder/ Lessee and to forbear or enforce any of the terms and
conditions relating to the said LOA/Lease Agreement and we shall not be relieved from our
liability by reason of any such variation or extension being granted to the said Selected
Bidder/Lessee or for any forbearance, act or omission on the part of the RLDA or any
indulgence by the RLDA to the said Selected Bidder/Lessee or any such matter or thing
whatsoever which under the law relating to sureties would, but for this provision, have effect of
so relieving us.
6. The Bank Guarantee Bond shall be a continuing irrevocable obligation. Invocation of this
Guarantee Bond by any official of RLDA shall be valid and unquestionable.
7. We, ___________________________ further state that our bank is a nationalized/scheduled
bank having a net worth of Rs. 1000 crores or more which is a prerequisite as stipulated by RLDA
for issue of the said bank guarantee bond.
8. This guarantee will not be discharged due to the change in the constitution of the bank or the
Selected Bidder/ Lessee.
9. We _________________________ lastly undertake not to revoke this guarantee during its
currency except with the previous consent of the RLDA in writing.
10. Any demand by RLDA for encashment of the BG Bond shall be deemed to have been duly
served: if delivered by hand, when left at ________________(address of the issuing branch);
and if given or made by pre-paid registered post or facsimile transmission, when received at
_____________(address of issuing branch of the Bank) or by email at email id
_________________ (email of the issuing branch) on the fax no.________(for the purposes of
facsimile transmission)

IN WITNESS WHEREOF, THE BANK HAS executed this Guarantee Bond on the day, month and
year first above mentioned through its duly authorized representative.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 98

SEAL OF THE BANK SIGNED, SEALED AND DELIVERED

ON BEHALF OF THE BANK BY

SIGNATURE OF AUTHORISED
REPRESENTATIVE OF THE BANK_________________________________________
NAME AND DESIGNATION_________________________________________
ADDRESS OF THE BRANCH_______________________________________
TELEPHONE & FAX NO ___________________________________
SIGNATURES OF THE WITNESSES_________________________________
NAMES OF THE WITNESSES_____________________________________
ADDRESSES OF THE WITNESSES__________________________________

Note: Bank Guarantee Repository System (BGRS) in RLDA – While issuing Bank Guarantee
applicant must mention receiver’s details as ICICI Bank IFSC ICIC0000007, Branch Connaught Place,
New Delhi, at which SFMS IFN 760 message shall be sent by issuing Bank through SFMS, to
establish the authenticity of issued BG.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 99

Form No. 16: Sample Form of MoA of SPC

(Under The Companies Act, 2013)
(COMPANY LIMITED BY SHARES)

MEMORANDUM OF ASSOCIATION
OF
“______________________________________________”
I. The name of the company is “__________________________________”
II. The registered Office of the Company will be situated in the State of ____________-
III. The objects for which the company is established are:

A. THE MAIN OBJECTS TO BE PURSUED BY THE COMPANY ON ITS INCORPORATION ARE:

1. To develop Bid for “Grant of Lease for Residential Development on Railway Land of approx. area 90,304
Sqm, at Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years. Railway land/air space to be
leased to the company by Rail Land Development Authority (RLDA) on design build finance
operate and transfer model as laid down in the lease agreement and other documents
to be entered into with RLDA and to take all actions as may be required for development of
the project.

2. To carry on the business of promoter’s, developers, builders, managers, architects, contractors,

sub-contractors, planners, designers, construction engineers, decorators, interior decorators,
fabricators, engineers, survivors, appraisers, mortgagors of commercial complexes and to
engage in all types of construction activities incidental or in relation to the project carried on
by the Company at railway land leased to the company by RLDA in term of object 1 above.

B. THE OBJECTS INCIDENTAL OR ANCILLARY TO THE ATTAINMENT OF THE MAIN OBJECTS ARE: -

1. To purchase and otherwise acquire, own, import, all materials, substances, appliances,
machines, containers and such other articles and apparatus and things capable of being used
in the main business and to own, lease and otherwise acquire and use facilities of
whatever kind as may be convenient or useful or conducive to the effective working of the
main objects of the Company.

2. To acquire, build, alter, maintain, enlarge, remove or replace and to work manage and
control any buildings, offices, factories, mills, shops, machinery and conveniences which may
seem necessary to achieve the main Objects of the company.
3. To carry on and transact every kind of guarantee, corporate guarantee and counter
guarantee business and to guarantee the payment/repayment of loans borrowings of any
nature whatsoever granted by any institution and/or any person to any individual firm(s)
association of person and money secured by or payable under or in respect of stocks, bonds,
debentures, debentures stocks, contracts, mortgages, charges, obligations and securities of
any company whomsoever whether incorporated or not.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 100

4. To purchase, take on lease or tenancy or in exchange, hire take options over or otherwise
acquire any estate or interest whatsoever and to hold, develop, work concessions, grants,
decrees, licenses, privileges, claims, potions, leases, property, real or personal or rights or
powers of any kinds which may appear to be necessary for the main objects of the Company.

5. To pay for preliminary and pre-incorporation expenses of the Company.

6. To exchange, mortgages, royalty or tribute grant licenses, easements options and such other
rights over and dispose of the whole or any part of the undertaking, property, assets, rights
and effects of the Company for such consideration as may be thought fit and in particular for
stocks, shares debentures whether fully or partly paid up or securities of any other company
having objects whole or in part similar to those of the Company.

7. To pay for any rights or property acquired by the Company and to remunerate any person,
firm or body corporate rendering services to the Company either by cash payment or by
allotment to him or them of shares or securities of the Company as paid up in full.

8. To advance money, either with or without security and give credit to such persons (including
government) and upon such terms and conditions as the Company may deem fit to attain the
main objects of the Company provided that the Company shall not carry on banking business
within the meaning of Banking Regulation Act, 1949.

9. To undertake financial and commercial obligations, transactions and operations of all kinds,
in connection with the main of the company.

10. To guarantee the performance of any contract or obligation and the payment of money or
dividends and interest on any stock, shares or securities of any company, corporation, firm or
person in any case in which such guarantee may be considered directly or indirectly to
further the main objects of the Company.

11. To guarantee the payment of money unsecured or secured or payable under or in respect of
promissory notes, bonds, debentures, stocks, contracts, mortgages, charges, obligations,
instruments and securities of any company or of any authority, supreme, municipal, local or
of any persons whether incorporated or not incorporated and to guarantee or become
sureties for the performance of any contracts or obligations as may be necessary for the
main objects of the Company.

12. To subscribe for acquire, hold and dispose of shares, share-stock, debentures, bonds,
debenture-stock, mortgages, obligations securities of any kind issued or guaranteed by any
company (body corporate/undertaking) of whatsoever nature and howsoever constituted
and to subscribe for acquire and hold shares, debentures and debenture-stocks and
debenture-bonds, mortgages, obligations and such other securities issued or guaranteed by

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 101

any government, trust, municipal, local or such other authority or body of whatever nature,
whether in India or elsewhere as may be conducive to the main objects of the Company.

13. Subject to the provisions of section 77 of The Companies Act, 2013, to invest other than
investment in Company’s own shares, any money of the Company not immediately required
in any investments movable or immovable as may be thought proper and to hold, invest in
shares or stock as may be necessary for the main objects of the Company.

14. Subject to Sections 58A, 292, 293, 295 and 372A of the Act and Rule and Regulations made
there under and the directions issued by Reserve Bank of India to receive money on deposit
or loan and borrow or raise money in such manner as the company shall think fit and in
particular by the issue of debentures or debenture-stock (perpetual or otherwise) and to
secure the payment of any money borrowed, raised or owing on the mortgage, charge or lien
upon all or any of the property or assets of the Company (both present of future) including its
uncalled capital and also by similar mortgage, change or lien to secure and guarantee the
performance by the Company, or any other such person or Company of any obligation
undertaken by the Company.

15. To draw, make, accept, endorse, discount, negotiate, execute and issue bills of exchange,
promissory notes, bills of lading debentures and other negotiable or transferable instruments
or securities.

16. To apply for, purchase or otherwise acquire and protect, prolong and renew in any part of
the world, any patents patent rights, brevets, inventions trademarks, designs, licenses,
protections, and concessions conferring any exclusive or non-exclusive or limited right to
their use or other information as to any invention, process or privileges which may seem
capable of being used for the main objects of the Company or the acquisition of which may
seem calculated directly or indirectly to benefit the company and to use exercise develop or
grant licenses or privileges in respect of the property rights and information so acquired.

17. To spend money in experimenting upon and testing and improving or seeking to improve any
patents, rights, inventions, discoveries, processes or information of the Company or which
the Company may acquire or propose to acquire.

18. To do all or any of the main business activities either as principals, agents, trustees,
contractors or otherwise and either alone or in conjunction with others and either by or
through agents, sub-contractors, trustees or otherwise.

19. To acquire and takeover all, or any part of the business property and liabilities of any person,
firm or company carrying on or proposing to carry on any business which this Company in
authorized to carry on or possess property, suitable for the main objects of the Company.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 102

20. To procure the registration or recognition of the company in or under the laws of any place
outside India.

21. To form, incorporate or promote any company or companies whether in India or elsewhere
having amongst its or their objects the acquisition of all or any of the assets or controls,
management or development of the Company or any other such objects which in the opinion
of the Company could or might directly or indirectly assist the Company in the management
of its main business or the development of its properties or otherwise prove advantageous to
the Company and to pay all or any of the costs and expenses incurred in connection with
such promotion or incorporation and to remunerate any person or company in any manner it
shall fit for services rendered or to be rendered in or about the promotion of any other such
company in which the Company may have any interest.

22. Subject to the provisions of Sections 391 to 394A of the Companies Act, 2013 to amalgamate
or to enter into partnership or into any arrangement for sharing profits, union of interest, co-
operation, joint venture or reciprocal rights with any person or persons or company or
companies carrying on or engaged in the main objects of the Company.

23. To enter into any arrangements and take all necessary or proper steps with government or
with other such authorities supreme, national, local municipal or otherwise of any place in
which the Company may have interests and to carry on any negotiations or operations for
the purpose of directly or indirectly carrying out the main objects of the Company or
effecting any modification in the constitution of the Company or for furthering the interests
of the members and to oppose any such steps taken by any other such company firm or
person which may be considered likely directly or indirectly, to prejudice the interest of the
Company or its members, and to assist in the promotion whether directly or indirectly of any
legislation which may seem advantageous to the company and to obtain from any such
Government Authority and company and charters, contracts, decrees, rights, grants, loans,
privileges or concessions which the company may think it desirable to obtain and carry out
exercise and comply with any such arrangements, charters, decrees, rights, privileges of
concessions.

24. To adopt such means of making known the main objects of the Company as may seem
expedient and in particular by advertising in the press by circulars, by purchase and
exhibition of works of art or interest, by publication of books and periodicals and by granting
prizes, rewards and donations.

25. (a) To undertake and execute any trust, the undertaking of which may seem to the Company
desirable and either gratuitously or otherwise vest any real or personal property, rights or
interests acquired by or belonging to the company in any person of Company on behalf of or
for the benefit of the company and with or without any declared trust in favour of the
Company.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 103

(b) To accept gifts including by way of awards/prizes from Govt. and semi-Govt. bodies and to
give gifts and donations to create trust for the welfare of employees, members, directors
and/ or their dependents heirs and children and for deserving objects any other persons, also
to act as trustees.

26. To apply the assets of the Company in any way in or towards the establishment,
maintenance or extension of any association, institution or fund in any way connected with
any particular trade or business or commerce and particularly with the trade, including any
association, institution or fund for the interests of masters, owners and employers against
loss by bad debt, strike, combustion, fire, accident or otherwise or for the benefit of any
employee workman or other at any time employed by the Company or any of its
predecessors in business or their families or dependents and whether or not in common
with such other persons or classes of persons and in particular of friendly co-operative and
such other societies, reading rooms, libraries educational and charitable institutions, dinning
and recreation rooms, temples, churches, chapels, school and hospitals and to grant
gratuities, pensions and allowances and to contribute to any funds raised by public or local
subscription for any purpose.

27. To give pecuniary otherwise to any association, body or movement having for an object the
solution, settlement of industrial or labour problems or troubles or the promotion of industry
or trade.

28. To subscribe or guarantee money for any national, charitable benevolent, public, generalor
useful object of and for exhibition, subject to the provisions of Sections 293, 293A&293Bof
the Act.

29. To establish and maintain or procure the establishment and maintenance of any contributory
or non-contributory pension or superannuation funds for the benefit of and give, or procure
the giving of donations, gratuities, pensions, allowances or emoluments to any person who
are or were at any time in the employment or service of the Company or are allied to or
associated with the company or with any subsidiary Company or who are or were at any time
Directors or Officers of the company as aforesaid and the wives, widows, families and
dependents of any such persons and also establish and subscribe to any institutions,
associations, clubs or funds calculated to be for the benefit of or to advance the interest and
well-being of the Company or of any such other Company as aforesaid and make payments
to or towards the insurance of any such persons as aforesaid and do any of the matters
aforesaid, either alone or in conjunction with any such other company as aforesaid.

30. To do all such other things as may be deemed incidental or conducive to the attainment of
the main objects.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 104

C. OTHER OBJECTS FOR WHICH THE COMPANY IS ESTABLISHED ARE: - NIL

IV. The liability of the members is limited, and this liability is limited to the account unpaid,
if any, on the shares held by them.
V. The Authorized share capital of the company is Rs.------------------------ (Rupees____)
divided into ------------------- (---------) Equity shares of Rs.------------------- (---------------------
) each. The minimum Paid-Up Share Capital of the Company shall be Rs. ( ).
VI. We the several persons whose names and addresses are subscribed ----- are desirous of
being formed into a company in pursuance of the Memorandum of Association and we
respectively agree to take the number of shares in the capital of the company set
opposite our respective names.
S. No Name, Address, Number of Signature of Signature, Name,
Descriptionand Equity Shares subscriber Address, Description
Occupation of the taken by the and Occupation of the
Subscriber subscriber Witness

(1) (2) (3) (4) (5)

I hereby witness the signatures of all the subscribers.

Place:
Date:

Witness of above signatures:

1.
2.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 105

BID FORM 16A: UNDERTAKING FROM BIDDER FOR NOT WINDING-UP AND/OR NOT
AMALGAMATION OF THE SPC

Bid No: RLDA/2023/RFP/CD/34 Dated 06.06.2023

{To be printed on the authorized Letter head of the Bidder (in case of sole Bidder) or the Lead
Member (in case of Consortium), including full postal address, telephone, faxes and e-mail address}.

Date:
To,

The Vice Chairman,

Rail Land Development Authority (RLDA),
Unit No. 702-B. 7th Floor, Konnectus Tower,
DMRC Building, Ajmeri Gate,
New Delhi-110002

Sub: -Bid for “Grant of Lease for Residential Development on Railway Land of approx. area 90,304Sqm, at
Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years”.

Dear Sir,

We hereby confirm and undertake that we/our members in the Consortium (constitution of which
has been described in the Bid) shall constitute a SPC under the Companies Act, 2013, as per
requirement under Clause 8.0 of Part-I of Bid Documents (Regulation for Bids and Lease
Agreements) for implementation of the project, We further undertake that the newly constituted
SPC for implementation of the Project as mentioned above shall neither be winded-up nor
amalgamated with any other company, till the lease agreement with RLDA is in force.

We also hereby agree that in the event of non-compliance of anything stated above, shall be
construed as an event of default on the part of Lessee and thus liable for termination of the lease
agreement.

Thanking you,

Yours faithfully,

(Signatory, name and designation of the authorized signatory)

For and on behalf of _______________

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 106

BID FORM 17

Bid No. RLDA/2023/RFP/CD/34 Dated 06.06.2023

UNDERTAKING ALONGWITH ARTICLE 19 OF ITB (Part III of Bid documents)

FORM OF UNDERTAKING TO BE SUBMITTED ON LETTERHEAD BY THE BIDDER ALONGWITH BID
FORM (ORIGINAL) IN PURSUANCE OF ARTICLE No 19
Date:
Place:
To,
The Vice Chairman,
Rail Land Development Authority (RLDA),
702-B, 7th Floor, Konnectus Tower-2,
DMRC Building, Ajmeri Gate, Delhi-110002

Dear Sir,

Sub: Bid for “Grant of Lease for Residential Development on Railway Land of approx. area
90,304Sqm, at Belanganj, Agra under Agra Division of NCR (U.P.) for 99 years”.

We hereby confirm and undertake the following:

1. That we have read the Article No 19 of the Bid Documents. The said Article to the Bid
Documents is acceptable to us and we are placing Bids after being fully aware of the terms
and conditions thereof.

2. That we shall pay Bid Security online on the RLDA E-Bid Portal using E-Payment gateway.

3. That owing to the COVID-19 lockdown/phases of unlockdown, the Bid Form (Original), other
Bid Forms, Undertaking, Affidavits and Other Supporting Documents are being submitted by
us in soft copy, duly signed and stamped by the Bidder, and/or duly signed by the Architect
and Statutory Auditor or Chartered Accountant, where required, as per the instructions
contained in the Addendum.

4. That we undertake to file all documents as applicable to us in hard copy, complete in all
respects, i.e., duly notarised / attested executed on stamp papers, as required as per
Addendum Last Article within 60 days of lifting of lockdown/phases of unlockdown, failing
which, it shall lead RLDA to consider the Bid as withdrawn and forfeit our bid security under
clause 12.6 (b) of Part I of bid documents OR cancel the LOA along with forfeiture of bid
security on account of lack of earnestness on our part , as the case may be.

Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 107

In witness thereof, I/ we submit this Bid under and in accordance with the terms of the Bid
Documents.

Yours faithfully,
Date:
Place:

Seal of the Bidder/ (Signature of the Bidder/Authorized Signatory)

{Lead Member of the Consortium} (Name and designation)

****End of Part-III*****

Digitally signed
by HEMANT
KUMAR
Part-III Instruction to Bidder and Bid Forms of RLDA LDHB 108 Date:
2023.06.12
16:45:58 IST
Reason: PDF
Authenticated

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