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APSRTC 2025 Land Licensing RFP

The Andhra Pradesh State Road Transport Corporation (APSRTC) is inviting proposals for the licensing of 28 uncovered vacant lands for a period of 15 years. Interested bidders must submit sealed bids, including technical and financial documents, by April 23, 2025. The RFP document outlines the bidding process, eligibility criteria, and requirements for bid submission.
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0% found this document useful (0 votes)
32 views86 pages

APSRTC 2025 Land Licensing RFP

The Andhra Pradesh State Road Transport Corporation (APSRTC) is inviting proposals for the licensing of 28 uncovered vacant lands for a period of 15 years. Interested bidders must submit sealed bids, including technical and financial documents, by April 23, 2025. The RFP document outlines the bidding process, eligibility criteria, and requirements for bid submission.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

ANDHRA PRADESH STATE

ROAD TRANSPORT CORPORATION

Request for Proposal (RFP)

For

Licensing of “28” Nos. of uncovered vacant Lands of APSRTC


for a license period of 15 years.

TENDER NOTIFICATION NO: 797(08)/OS 15 –ZONE –II /2025-26,

Dt.29-03-2024.

O/o The Executive Director, Zone-II,

APSRTC,VIJAYAWADA.
VOLUME - I

INSTRUCTION TO BIDDERS
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -II to Bidders

SCHEDULE OF BIDDING PROCESS:

S. No Event Description Schedule Date Time

1 Schedule Down Loading


29-03-2025 10:30 hrs
Start Date / Time

2 Schedule Down Loading


22-04-2025 17:00 hrs
End Date / Time

3 Bid Submission Last Date /


Time( at Office of the 10:30 hrs (start)
23-04-2025
Executive Director Zone- 14:00 hrs (end)
II, APSRTC, Vijayawada.)
Sealed Outer envelope containing two (02)
4 Bid Submission
envelopes inside with the details viz.
Tender Notice No., Name of the site for
which the bidder is intending to bid, Date of
submission of Bid and detailed address of the
bidder.
Envelope -1 Sealed envelope containing
Technical Bid Documents.
Envelope –-2 Sealed envelope Containing
Financial Bid/Price Bid in the Specified
format.
4 Bid Opening Date / Time 23-04-2025 15:00 hrs
11: 30 hrs with ED
5 Pre Bid details, if any
Vijayawada at Main
11.-04-2025 Conference hall, RTC
House,
PNBS/Vijayawada.

09-04-2025 11:30 hrs at DPTO


Office, ELURU.

08-04-2025 11:30 hrs at DPTO


Office,
RAJAHMUNDRY

Signature of Bidder
[1]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volumel
Instructions
OS:15 years scheme, Request for Proposal, ED }one -II to Bidders

DISCLAIMER

The information contained in this Request for Proposal document (the "RFP") /
Tender document or subsequently provided to Tenderers, whether in document
or verbal or any other form by or on behalf of Andhra Pradesh State Road
Transport Corporation (APSRTC) by any of its employees or advisors, is provided
to Tenderers on the terms and conditions set out in this Tender document and
such other terms and conditions subject to which such information is provided.
The purpose of this Tender document is to provide interested parties with
information that may be useful to them in eliciting their proposals pursuant to
this Tender document. This Tender document may not be appropriate for all
persons, and it is not possible for APSRTC, its employees or advisors to consider
the investment objectives, financial situation and particular needs of each party
who reads or uses this Tender document.
This Tender document includes statements, which reflect various assumptions
and assessments made by APSRTCin relation to the Contract. Such assumptions,
assessments and statements do not purport to contain all the information that
each Tenderer may require.
The assumptions, assessments, statements and information contained in this
Tender document, may not be complete, accurate, adequate or correct. Each
Tenderer should, therefore, conduct his/its own investigations and analysis and
should check the accuracy, adequacy, correctness, reliability and completeness
of the assumptions, assessments, statements and information contained in this
Tender document and obtain independent advice from appropriate sources.
Information provided in this document to the Tenderer(s) is on a wide range of
matters, some of which depends upon interpretation of law. The information
given is not an exhaustive account of statutory requirements and should not be
regarded as a complete or authoritative statement of law. APSRTC accepts no
responsibility for the accuracy or otherwise for any interpretation or opinion on
law expressed herein.
APSRTC, its employees and advisors make no representation or warranty and
shall have no liability to any person, including any Applicant or Tenderer under
any law, statute, rules or regulations or tot, principles of restitution or unjust
enrichment or otherwise for any loss, damages, cost or expense which may arise
from or be incurred or suffered on account of anything contained in this Tender
document or otherwise, including the accuracy, adequacy, correctness,
completeness or reliability of the Tender document and any assessment,
assumption, statement or information contained therein or deemed to form part
of thisTender document or arising in any way in this Tender Stage.

Executive Director }one-II


Vijayawada
Signature of Bidder
[2|
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -II to Bidders

INVITATION TO BIDS

To,

Vijayawada.

Sir,
1. Andhra Pradesh State Road Transport Corporation (APSRTC), one of the
largest Public Transport Corporation in the world, envisages “Licensing of
28 Nos. of uncovered vacant spaces of APSRTC for a Licensing period of 15
years”, with Private Sector Participation.
2. APSRTC intends to utilize some of the prime land parcels belonging to it for
commercial development to generate resources on a continuous and
sustainable basis and envisage provision of quality amenity facilities to the
passengers / commuters.
3. APSRTC is issuing Request for Proposal (RFP) document and inviting sealed
Bids from interested Bidders for Licensing of uncovered vacant spaces of
APSRTC for a Licensing period of 15 years at the spaces mentioned in this
RFP under OS:15 years scheme of APSRTC. The RFP document comprises of
the following:

Volume -I Instructions to Bidders

Volume -II Draft License Agreement

4. Bidders are allowed to bid for one or more Sites based on the eligibility
Criteria and evaluation parameters stipulated in the RFP document.
However, separate Bids have to be submitted for each site.
5. The broad scope of work for the Licensee includes designing, financing,
constructing, operating and maintaining the structures and business
activities in the allotted site in accordance with the terms of the License
Agreement.
6. The Bidder shall be a single entity.
7. The Bidders shall download the RFP document, Corrigendum / addendum
from the website: [Link].

Signature of Bidder
[3]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders
2. TENDER DETAILS 7

1 Department Name ANDHRA PRADESH STATE ROAD TRANSPORT


CORPORATION

2 Zone / District (District), _Vijayawada, Zone- II


3 Tender Notice No. 797(08)/OS 15- Zone -2
4 Tender Subject Licensing of (28) Nos. of uncovered vacant lands of
APSRTC for a license Period of 15 years.
5 Licensing Period 15 years and not extendable.
6 Form of Contract As per RFP / Tender Document
7 Tender Type Open Tenders
8 EMD As per Appendix-1 of RFP / Tender Document.
EMD amount shall be payable separately for each and
every site.
Bidders shall make payment of EMD amount through
NEFT/ RTGS / online payment to APSRTC.
Account no: 52018238133, State Bank Of India
Bank, Sitaramapuram Branch,
IFSC Code: SBIN0020169,
A/c. Name: [Link] Vijayawada zone.
The bidders are allowed to pay EMD amount through DD
also in favour of [Link] APSRTC Vijayawada Zone.
9 Cost of RFP / Tender As per Appendix-1 of RFP / Tender Document.
documentprocessing
Cost of RFP / Tender document processing fee shall be
fee – non refundable
payable separately for each and every site.
Bidders shall make payment of cost of RFP / Tender
document processing fee through NEFT/ RTGS / online
payment to APSRTC.
Account no: 52018238133, State Bank Of India
Bank, Sitaramapuram Branch,
IFSC Code: SBIN0020169,
A/c. Name: [Link] Vijayawada zone.
The bidders are allowed to pay Tender document
Processing Fee through DD also in favour of [Link]
APSRTC Vijayawada Zone.
10 Schedule of As specified at Schedule of Bidding Process of Vol-1 of RFP
Bidding: / Tender Document.
11 Tender Inviting Executive Director Zone-II, Vijayawada.
Authority

Signature of Bidder
[5]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -II to Bidders
The Bid comprising of "Signed copy of RFP signed in all pages, signed copies
of Corrigendum and Addendum, proof of payment of Cost of RFP/ Tender
document processing fee, proof of payment of EMD" shall be placed in one
sealed cover/envelope and "Price Bid" in a second separate sealed
cover/envelope placed in an outer envelope and shall be delivered at the address
specified in tender details.
9. The Bids should reach not later than the date specified in the 'Schedule of
Bidding Process' mentioned in RFP or as amended from time to time. In the
event that the Due Date for the Bid submission is a holiday for APSRTC, the
next working day will be the date of submission. Interested applicants /
bidders may obtain further information from the Tender inviting Authority.
10. The intending bidders shall pay Earnest Money Deposit (EMD) amount
separately for each site for which the Bidder is submitting its Bid.
11. The intending bidders shall pay cost of RFP / Tender document processing
fee separately for each site for which the Bidder is submitting its Bid.
12. The Bids shall be filled in English and all entries must be typed or written in
blue/ black ink. The bidder shal attest all erasures and alterations made if
any while flling the Bids. Over-writing of figures in Financial Bid is not
permitted. Failure to comply with any of these conditions may render the Bid
invalid.

13. APSRTC shall not be responsible for any costs or expenses incurred by the
Bidders in connection with the preparation and delivery of bids, including
costs and expenses related to visits to the sites. APSRTC reserves the rights
to cancel, terminate, change or modify this procurement/bid process and/or
requirements of bidding stated in the RFP, without assigning any reason or
providing any notice and without accepting any liability for the same.
14. A Pre-Bid Conference, if necessary, shall be held by the tender inviting
authority at appropriate places on the dates specified. Such information shall
be uploaded in the official website of APSRTC.
15. The Eligibility Criteria &bid evaluation process is detailed in Instructions to
Bidders (Volume Iof the RFP Document).
16. The Date &Time of opening of Financial Bid shall be as specified in RFP.

Date:28-03-2024. Executive pirector


Vijayawada

Signature of Bidder
[4]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

12 Contact Person P. Venkata Subba Reddy


13 Address/e-mail id dyctmmcvja@[Link]
14 Contact Telephone
+91 9100943744
Nos.
15 Procedure to Offer Bidders shall submit their response through Bid
Bid Submission submission to the tender by following the procedure
given below.
Bidders would be required to submit their bids to the
Tender inviting Authority at the address mentioned in the
Tender document. Bids submitted anywhere else other
than the specified place will not be accepted. The Bidders
shall submit the details in the standard formats provided
in the Tender document. The Bidders shall submit the
scanned / Photostat copies of the receipts for payment of
EMD and Tender document processing fee along with the
bids in a separate sealed cover. The Bidders shall submit
their offer in another sealed cover.
1 Tender Document:
Bidders are requested to download the Tender Document
from the official website of APSRTC @ [Link]
and read all the terms and conditions mentioned in the
Tender Document and seek clarification, if any, from the
Tender Inviting Authority. The Bidders have to keep track
of any changes by viewing the Addenda / Corrigenda
issued by the Tender Inviting Authority from time-to-time
@ [Link].
2. Bid Submission:
Bidders shall complete all the processes and steps
required for Bid submission as per RFP. Bidders shall
submit their bids to the Tender inviting Authority at the
address mentioned in the Tender document.
The bidders shall submit signed copy of tender
document, Addenda / Corrigenda issued if any, duly
signing in all pages, Proof of payment of EMD and cost of
RFP / tender document processing fee and Price Bid in
the standard proforma at the time of tenders. APSRTC /
Tender inviting Authority shall not be responsible for
incomplete bid submission by bidders.

Signature of Bidder
[6]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

16 Bid submission Outer Envelope: Sealed cover - Containing two inner


Envelops 1 & 2.
Bidder shall write on the outer envelope:
“Tender Notice No.797(08) OS – 15 – Zone -II.”
“ Bid for Licensing of sq. yards of
uncovered vacant site at (place), _
(District)”
Date of submission: .
Name & Detailed Address of the Tenderer.
The bidder shall keep Envelope 1 & Envelope 2 inside the
outer Envelop.
Envelope 1: Sealed envelope containing technical bid
documents.
Containing signed copy of RFP signed in all pages, signed
copies of Corrigendum / Addendum if any, Proof of
payment of EMD, Proof of payment of Cost of
RFP/Tender document, General details of the Tenderer,
Certificates if any specified in the RFP to be submitted by
the tenderer.
Bidder shall write on the inner envelope1:
“Tender Notice No.797(08)/OS-15-Zone –II
”“ Bid for Licensing of Sq. yards of
uncovered vacant site at (place),
(district)”
“Documents satisfying eligibility criteria”
Name & Detailed Address of the Tenderer.
Envelope 2 (Price Bid): Sealed envelope containing
Financial Bid / Price bid in the specified format.
Bidder shall write on the inner envelope 2:
“Tender Notice No. 797(08)/OS-15-Zone –II.”
“Bid for Licensing of sq. yards of
uncovered vacant site at (place),
(district)”
“PRICE BID - Document”.
Name & Detailed Address of the Tenderer.
The bids shall be submitted in the specified Tender Box
only.
The bidders shall not furnish their offer in the
signed copy of RFP document.
17 Address for Bid O/o. Executive Director,
submission Zone- II, NTR Administrative Block, PNBS, Vijayawada.

Signature of Bidder
[7]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

18 Bid Parameter The Bid Parameter is the initial monthly license fee,
exclusive of all Taxes. Base reserve prices for the bids are
shown in Appendix-1
19 Official Web site [Link]
20 Pre Bid Meeting 11-04-2025, 11:30 Hrs, with ED/Zone-2, Vijayawada at Main
Details, if any Conference hall, RTC House, PNBS/Vijayawada.
09-04-2025, 11:30 Hrs, DPTOs Office, ELURU.
08-04-2025, 11:30 Hrs, DPTOs Office, RAJAHMUNDRY.
21 Nature of Business a) The Licensee is allowed to undertake any business
except businesses that are not permitted.
b) Businesses not permitted: Prohibited businesses as
per the applicable Laws and / or prohibited
businesses by the Corporation from time to time, and
also businesses in competition with the main
operations and core business activities of the
Corporation viz., Logistics, Commercial
advertisements etc.
c) Corporation reserves the right to invite tenders for
similar nature of business for any number of stalls /
sites in its premises on “mutually non-exclusive
basis”.
22 Monthly License The approved bid offer is the initial monthly License Fee.
Fee Monthly License Fee shall be payable with enhancement
YoY with all Taxes as clearly defined in main sections of
RFP.
23 License Fee Holiday period for payment of Monthly License Fee is 6
Holiday Period months from the date of commencement of License
period or up to the date of commencement of commercial
operation, whichever is earlier.
24 Security Deposit 6 months license fee of that year, as clearly defined in
main sections of RFP.
25 Upfront Amount 12 times of base reserve price for the bid.
26 General Terms & As per Tender Document
Conditions
27 List of proposed As per Appendix-1 of Vol-1 of RFP
Sites
28 Drawings of As per Appendix-3 of Vol-1 of RFP
proposed Sites

Signature of Bidder
[8]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

3. GENERAL INFORMATION AND INSTRUCTIONS TO BIDDERS

General instructions:

This section / volume should be read in conjunction with other sections /


volumes of RFP. The words and expressions, which are defined in this
Section of RFP i.e. Instructions to Bidders (ITB), have the same meaning
when used in the other Sections of RFP, unless separately defined.

The ITB sets out the bidding procedure and provides necessary details for
the Bidders to prepare their Bid. The prescribed formats for submission of
Bids are as per the volume-I of the RFP.

The Bidders are advised to submit their Bids complying with the
requirements stipulated in the RFP document. The Bids may be rendered
disqualified in case of receipt of incomplete Bids and/or the information is
not submitted as per the prescribed formats.

Bidders are allowed to bid for one or more sites based on the Eligibility
Criteria stipulated in this RFP document.

This RFP document is common for all the Sites. It may be noted, however,
that for all intents and purposes the sites are independent of each other
and separate License Agreements shall be executed by APSRTC for each
of the sites with the Preferred Bidder.

The Bid submission of the Bidder shall be considered only for the Site(s), for
which the Bidder has explicitly submitted its Bid.

Bidders are requested to submit their respective Bids after visiting the
proposed site and ascertaining for themselves the site conditions, location,
surroundings, climate, availability of power, water and other utilities for
construction, access to site, handling and storage of materials,
weather data, applicable laws and regulations, and any other matter
considered relevant by them for carrying out their business in the allotted
site. Bidder shall carry out any surveys, investigations etc. at its own cost
and risk.

It shall be deemed that by submitting a Bid, the Bidder has:


(a) made a complete and careful examination of the RFP and accepts to
bound by the provisions of RFP in totality.

Signature of Bidder
[9]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

(b) acknowledged and accepted the risk of inadequacy, error or mistake in


the information provided in the RFP.

(c) satisfied with the information provided in the RFP for submitting Bid,
execution of the business in the proposed site in accordance.
(d) acknowledged and agreed that inadequacy, lack of completeness or
incorrectness of information provided in the RFP shall not be a basis for
any claim for compensation, damages, extension of time for
performance of its obligations, loss of profits etc. from the APSRTC, or
a ground for termination of the License Agreement; and
(e) the bidder has physically verified the site conditions etc. and made
suitable analysis for running their business in the site before bidding.
Pre-bid Conference:
A Pre-Bid Conference, if necessary, shall be held by the tender inviting
authority at appropriate places on the dates specified vide item 20 of tender
details or may hold as per dates mentioned later on. Such communication
will be placed in the official web site of APSRTC at [Link]. The
intending Bidders would be invited to attend the same.

The purpose of the Pre-bid Meeting is to clarify queries of the Bidders


related to the Tender, if any.

Pre bid clarifications if required will be kept on the official website of


APSRTC at [Link].

Clarification & Amendment of RFP Documents


At any time prior to the Bid Due Date, APSRTC may amend the RFP
document by issuing an addendum / corrigendum and the same shall be
uploaded on the official website of APSRTC at [Link].

Reliance upon information / clarification that is provided by any other


source shall be at the risk of the Bidders.

4. Bidder’s Responsibility for Data in the RFP

The Bidders shall be wholly responsible for all the details of their Bids, the
physical site conditions, the execution methodology, etc. In essence, after
the Bid is submitted, the Bidder shall be the ‘owner’ of all the data, which
forms the basis of the Bid and shall have no claims whatsoever on APSRTC
or its agencies regarding the accuracy of the data or designs, drawings &
concept plans etc furnished in this RFP.

Signature of Bidder
[10]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders
Bidder shall carry out any surveys, investigations etc. at its own cost and risk.
Bidder’s Eligibility Criteria

a) All bidders / firms / Companies complying with the specific criteria set
forth in the RFP.
b) Payment of necessary EMD / Bid Security in time separately for each site
and submission of proof of the same while submitting bids.
c) Payment of cost of RFP / Tender document processing Fee separately for
each site and submission of proof of the same while submitting bids.
d) Submission of signed copy of RFP, separately for each site, signed in all
pages while submitting bids.
e) Submission of signed copies of Corrigenda / Addenda (if any) signed in all
pages, separately for each site, while submitting bids.
f) The bidder is not black listed by APSRTC or by Govt. of AP or Govt. of
India or any other Government or Government Organization.
g) The bidder is not indulged in fraudulent and / or corrupt practices during
the bidding process.
h) The bidder whose license was not terminated by APSRTC earlier due to
default in payment or for any other reason.
i) Ex-Licensees of APSRTC not having payable due amount to APSRTC.
j) The bidder being the existing Licensee of APSRTC and not under default in
payment of License Fee amount continuously for 6 months and above
(excluding interest and GST) of their contract.
k) APSRTC’s decision regarding a Bidder’s eligibility or otherwise shall be final
and binding.
l) The Bidders shall provide evidence of their continued eligibility in a manner
that is satisfactory to the Tender inviting Authority. Supplementary
information or documentation regarding the criteria may be sought from
the Bidders at any time and the same shall be so provided within the time
frame stipulated by APSRTC.
m) A Bidder may be disqualified if it is determined by APSRTC, at any stage
of the bidding process that the Bidder fails to continue to satisfy the
Eligibility Criteria.

Signature of Bidder
[11]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

Non-Compliance with RFP:


APSRTC reserves the right to terminate a Bidder’s participation in the bidding
process at any time, if APSRTC considers that a bidder has, without the prior
consent, failed to comply with the procedures and protocols prescribed in the
RFP.

5. Bid

Bid Parameter:

Initial monthly license fee, excluding all taxes applicable from time to time,shall
be the bid parameter for competitive bidding in the tender.

The bidder shall have to quote equal to or more than the base reserveprice
for the bid specified at Appendix-1 of vol-I of this RFP.
Bid offer below the base reserve price for the bid shall not be accepted.

The bid offer by the intending bidders is exclusive of all taxes applicable from
time to time.

Before offering their quote, bidders shall note that they shall have to pay GST
and all other taxes applicable from time to time on the License Fee payable to
APSRTC.

Bid validity:

Bid offer shall be valid for a period of 90 days from the date of opening
oftenders. It can be extended with mutual consent.

Consideration of bid:

The bidder quoting the highest amount of initial monthly license fee for a
particular site shall be the H1 bidder.

The Corporation reserves the right to negotiate with the highest (H1) bidder.

The Corporation reserves the right to reject even the highest bid, or the bid
offered during negotiations, if in its opinion such highest offer by the bidder
is not reasonable keeping in view of prevailing market conditions.

APSRTC reserves the rights to cancel, terminate, change or modify this


procurement / process and/or requirements of bidding stated in the RFP,
without assigning any reason or providing any notice and without accepting
any liability for the same.

Signature of Bidder
[12]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

6. License Period:

License Period is 15 (Fifteen) years and not extendable for further period.
The license period of 15 years is inclusive of the license fee holiday period.

The License Period commences from 30 days from the date of issue of allotment
order / Letter of Intent (LoI) or the date of execution of agreement
whichever is earlier.

The Licensee will be allowed to withdraw from the license agreement, if


he/she/it desires to do so, only after completion of 5 (Five) year’s
periodfrom the date of commencement of the License Period on submission
of 3 (three) months advance notice.

7. Payments

Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of
its Bid, including site visits, field investigations, data gathering, analysis, design,
consultation charges etc.. APSRTC shall not be responsible or liable for any of
such costs.

Cost of the RFP / Tender Document processing Fee separately foreach


and every site:

In order to protect privacy / anonymity of the prospective bidders, the RFP


/ Tender document shall be uploaded in the official web site of APSRTC @
[Link] with provision to download, online. The prospective
bidders shall download the tender form online only.

The intending bidders shall pay cost of RFP / Tender document processing fee
with applicable GST to APSRTC separately for each site for which the
Bidder is submitting its Bid.

The Cost of RFP / Tender document processing fee is mentioned at


Appendix-1 of vol-1 of RFP document and is payable in the manner and
form specified vide item 9 of tender details.

The intending bidder shall submit the proof of payment of cost of RFP / tender
document processing fee to the Tender inviting Authority, at the time of
bid submission. The bidders are allowed to pay cost of RFP / tender
document processing fee through DD also as specified vide item 9 of
tender details.

Signature of Bidder
[13]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders
The cost of RFP / tender document processing fee once paid is nonrefundable
under any circumstances.

Any Bid not accompanied by requisite cost of RFP / Tender document processing
fee in the manner specified shall be rejected by ‘APSRTC’ as non-
responsive and their price bid shall not be opened.
Earnest Money Deposit / Bid Security Amount separately for each and
every site:

The intending bidder shall pay to APSRTC the Earnest Money Deposit
(EMD) / Bid Security amount equivalent to the amount specified in the
Data Sheet (Appendix – 1) of the RFP, separately for each site for which
the Bidder is submitting its Bid, in the form and manner specified vide
item 8 of tender details.

The EMD amount shall not carry any interest.

The intending bidder shall submit the proof of payment of EMD to the
Tender inviting Authority, at the time of bid submission. The bidders are
allowed to pay EMD amount through DD also as specified vide item 8 of
tender details.

Any Bid not accompanied by requisite EMD in the manner specified shall
be rejected by APSRTC as non-responsive and their price bid shall not be
opened.

The EMD amount of unsuccessful Bidders, except for the Bidders H1 & H2
shall be refunded promptly, but not later than 21 working days after
opening of Price Bids.

The EMD of H2 bidder will be refunded within 15 working days of signing


of License Agreement with the Preferred Bidder.

The Bid Security of H1 / preferred bidder shall be adjusted towards


Upfront Amount to be paid.

Forfeiture of Earnest Money Deposit:

a) The EMD of the bidder will be forfeited under the following circumstances.

When the Bid submitted by the bidder is invalid under the following
circumstances:

i) EMD is not paid or less paid than what is stipulated in the tender
notification.

Signature of Bidder
[14]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

ii) EMD is paid through other means than what is stipulated in the tender
notification.
iii) Tender is submitted in different form other than the prescribed tender
form.
iv) Tender is submitted with conditional bid offer.
v) Tender is submitted by a minor / in the name of minor, without legally
substantiated guardianship.
vi) Tender is submitted by APSRTC (APPTD) employee or his / her family
member, with or without the knowledge of the employee.

b) If the bidder quotes below the base reserve price for the Bid.

c) If the bid is treated as non-responsive.

d) If the Bidder withdraws his Bid during the period of Bid validity (includes Bid
processing time) or modifies his Bid within the validity period.

e) If the Bidder refuses to accept the correction of errors in his Bid;

f) When the successful bidder fails to pay the 1st instalment of Upfront Amount
within 30 days from the date of receipt of allotment order / LoI for the
License.

g) When the successful bidder fails to pay the interest free, refundable Security
Deposit amount within 30 days from the date of receipt of allotment order /
LoI for the License.

h) When the successful bidder fails to enter into the License Agreement within
stipulated time and backs out from taking up the license.

License fee:

a) Initial monthly license fee:

The approved bid amount is the initial monthly License Fee.

The monthly License Fee is payable by the licensee with all taxes applicable from
time to time.

b) License fee holiday Period:

License fee holiday period shall be 6 months from the date of commencement of
License Period or up to the date of commencement of commercial operation
whichever is earlier.

Signature of Bidder
[15]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

The license period of 15 years is inclusive of the license fee holiday period.

The initial monthly License Fee is payable by the Licensee after completion of
License fee holiday period.

Monthly license fee shall be payable by 10 th of every month, in advance during


the License period.

c) Enhancement of monthly license fee:

Up to 3 years of agreement period: the same approved initial monthly license


fee.

From 4th year to 10th year : the monthly license fee shall be enhanced yearly by
5% over that of previous year.

From 11th year to 15th year: the monthly license fee shall be enhanced yearly by
10% over that of previous year.

Penalty on delayed payments:

A penal interest @ 24% per annum will be levied on the outstanding due
amounts of License Fee, Upfront Amount, Security Deposit or any other amount
payable to the Corporation.

Security Deposit:

The successful bidder shall pay to the Corporation interest free, refundable
Security Deposit amount equal 6 times of approved initial monthly license fee.
Initial Security Deposit amount shall be payable invariably by the Licensee on or
before commencement of the License Period as per Agreement.

The Licensee shall always keep 6 times of the monthly license fee of that year
with the Corporation towards Security Deposit throughout the License period.
Thus, the Licensee shall pay the difference of the amount towards security
deposit upon enhancement of license fee applicable for that year.

Late payment of Security Deposit attracts penal interest @24% per annum.

Security Deposit will not be adjusted towards monthly license fee payable by the
Licensee during subsisting period of the contract, unless on account of default.

APSRTC reserves the right to recover damages and dues from the Security
Deposit.

Signature of Bidder
[16]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

In case of re-conveying the site, if the licensed site vested to the Corporation by
the Licensee is not in its original condition, then the cost involved in bringing the
reverted site to its original condition stands recoverable from the Security
Deposit.

Upfront Amount:

Upfront amount as specified in the Data Sheet (Appendix – 1) of the RFP for the
allotted site shall be payable by the Licensee in 2 equal installments.

The 1st installment shall be payable at the time of execution of the Agreement or
within 30 days of issue of Letter of Intent, whichever is earlier.

The 2nd installment shall be payable immediately on completion of 1 year, along


with the license Fee.

If the licensee pays the 2nd installment of Upfront Amount at the time of
execution of the Agreement or within 30 days of issue of Letter of Intent,
whichever is earlier, a discount of 5% on 2nd installment of Upfront Amount shall
be allowed.

Late payment of Upfront Amount attracts penal interest @24% per annum.

The Upfront Amount is non refundable and irrevocable.

8. BIDDING PROCESS

Overview

The Bidders are required to submit their Bids in sealed cover as specified
vide item 16 of tender details.

(i) Technical Bid in Envelope I and (ii) Price Bid in Envelope II.

(iii) Both the envelopes shall be placed inside an Outer Envelope.

The Technical Bid in Envelope-I will be evaluated based on the


compliance vis-à- vis the stipulated Technical Criteria.

The Bid shall be summarily rejected if it is not accompanied by


prescribed EMD and / or Cost of RFP / Tender document processing
fee.

The Bidders qualified in the technical evaluation will only be eligible for
opening & evaluation of their Price Bids. Evaluation of the Price Bids
will be the final stage of evaluation process.

Signature of Bidder
[17]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

In order to accomplish a comprehensive, expeditious and fair Bid


evaluation process, Bidders are requested to study the contents of the
RFP documents completely and carefully. The Bidders may obtain
formal clarifications, if required from APSRTC in this regard.
The evaluation of Bids would lead to the selection of a Preferred
Bidder. The Preferred Bidder would be required to sign the License Agreement
with APSRTC for licensing of the site as per terms and conditions of RFP.

Cost of RFP/ tender document processing fee is non refundable.

The EMD amount of unsuccessful Bidders, except for the Bidders H1


& H2 shall be refunded promptly, but not later than 21 working days after
opening of Price Bids.

The EMD of H2 bidder shall be refunded within 15 days of signing of


License Agreement with the Preferred Bidder.

The Corporation reserves the right to negotiate with the highest (H1)
bidder.

The Corporation reserves the right to reject even the highest bid, or the
negotiated bid if in its opinion such highest offer by the bidder is not
reasonable keeping in view of prevailing market conditions or for any
other reason.

Generally, the Selected Bidder shall be the highest (H1) Bidder after
negotiations.

In case the H1 bidder withdraws from the bid or is not selected /


considered for any reason, the Corporation reserves the right to invite
the second highest bidder (H2) to offer revised bid higher than or to
match with the negotiated highest offer of H1 bidder.

The Corporation also reserves the right to negotiate with the next
highest bidder, if H2 bidder doesn’t revise the Bid to higher than or to
match with the highest offer of H1 Bidder, provided the bidder’s EMD is
held with the Corporation.

Unless the higher bidder is negotiated with, the next bidder cannot be
invited for negotiations.

The Process will cease if the EMD of the negotiable bidder is refunded.

Signature of Bidder
[18]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

The negotiated offer recommended by the Tender Committee and


considered reasonable by the Tender approving Authority shall be
accepted and the license shall be awarded to the bidder.

In the event that none of the other Bidders match the Bid of the highest
Bidder, the Authority may in its discretion, annul the Bidding Process or
invite fresh Tenders as the case may be.
The Corporation reserves the right even to accept the single bid if in its
opinion the offer of the bidder is reasonable.

APSRTC reserves the right to cancel, terminate, change or modify the bid
process and/or requirements of bidding stipulated in the RFP, without
assigning any reason or providing any notice. The bidder(s) shall not
make the Corporation liable for compensation / damages etc. for the
same

9. PREPARATION AND SUBMISSION OF BIDS

General Submissions

The Bid shall be submitted to the tender inviting Authority at the place
vide item 17 of Tender details and at time specified in Schedule of Bidding
Process vide vol-1 of this RFP. The bids shall be submitted in the specified
Tender Box only.

Outer Envelope:

The Bid shall be submitted in two separate sealed envelopes placed in an


Outer Envelope.

Bidder shall label on the outer envelope the Tender Notice No., name
of the site for which the bidder is intending to bid, Date of submission of
bid and the detailed address of the Bidder.

Envelope 1: Sealed envelope containing technical bid documents.

a) Containing signed copy of RFP signed in all pages, signed copies of


Corrigendum / Addendum if any, Proof of payment of EMD, Proof of
payment of Cost of RFP /Tender document processing fee, General details
of the Tenderer, Certificates if any specified in the RFP, to be submitted by
the tenderer.

b) Bidder shall label on the inner envelope1: “Documents satisfying eligibility


criteria”, Tender Notice No., name of the site for which the bidder is
intending to bid, Name and detailed address of the Bidder as specified vide
item 16 of tender details.

Signature of Bidder
[19]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

Envelope 2 : Sealed envelope containing Financial Bid / Price bid in the


specified format.

Bidder shall label on the inner envelope 2 - “PRICE BID - Document”, Tender
Notice No., name of the site for which the bidder is intending to
bid, Name and detailed address of the Bidder as specified vide item 16 of tender
details.

Instructions for Submission of Price Bid separately for each and every
site:

The Bidders shall be required to submit their bid offer in a separate sealed cover
as specified vide item No. 16 of tender details, in the prescribed Price Bid
proforma furnished at Appendix-2 of Vol-I of this RFP only, for the site they
intend to bid for.

1) Price Bid offer shall be equal to or more than the base reserve price for the
bid stipulated at Appendix-1 of the RFP.

Bid offer below the base reserve price for the bid shall not be accepted.

2) The bidder shall offer the initial monthly license fee payable to the
Corporation. While submitting the bid, the bidder shall note that they are
liable to pay GST or any other taxes on such license fee.

3) Price bids not accompanied by technical documents as specified and not


fulfilling the RFP conditions will not be opened.

The Bidder shall submit the completed bids to the tender inviting Authority at a
place vide item 17 of Tender details, not later than the time specified vide
Schedule of Bidding Process in vol-1 of the RFP or as modified from time to time
through Corrigendum / addendum.

Signing of Bid

The Bidder shall sign in all pages of RFP, Corrigenda / Addenda if any provided
by APSRTC.

10. Miscellaneous Instructions

Bids that are incomplete in any respect or those that are not consistent with the
requirements as specified in this RFP might be considered non- responsive and
may be liable for rejection.

Adherence to formats, wherever prescribed, is required. Non-adherence to


formats might be a ground for declaring a Bid as non-responsive.

Signature of Bidder
[20]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

All communication and information shall be provided in writing and in English


language only.

All financial data shall be furnished (converted) in Indian Rupees only.


The Bid received after the deadline for its submission will not be considered.

All communication and information provided should be legible, and wherever the
information is given in figures, the same should also be mentioned in words. In
case of conflict between amounts stated in figures and words, the amount
stated in words will prevail.

APSRTC may request for additional information and / or clarifications from the
Bidders, if found necessary, during the course of evaluation of the Bid. Non-
submission, incomplete submission or delayed submission of such additional
information and/ or clarifications sought by APSRTC or any of its
agencies/consultants/, may be a ground for rejecting the Bid.

If any information provided by the Bidder is found to be incorrect then the Bid
shall be liable for rejection. Mere clerical errors or bonafide mistakes may be
treated as an exception at the sole discretion ofAPSRTC.

11 Bid Responsiveness

A Bid shall be deemed as “non-responsive” under any of the


followingcircumstances / conditions:

(a) It is not received by the Due Date and time.

(b) It does not include sufficient information / details for it to be evaluated


and/or is not in the formats specified in this RFP.

(c) It is not signed and/or sealed in the manner specified in this RFP.

(d) It is not accompanied by the Proof of payment of EMD for specified


amount.

The Authority reserves the right to consider the bid if the required EMD
amount is paid to the Corporation as specified in RFP and credited to the
Corporation’s account in time but failed to submit proof along with Bid
offer.

(e) It is not accompanied by the Proof of cost of the RFP / tender processing
fee.

Signature of Bidder
[21]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

The Authority reserves the right to consider the bid if the required cost of
the RFP / tender processing fee amount is paid to the Corporation as
specified in RFP and credited to the Corporation’s account in time but
failed to submit proof along with Bid offer.
(f) EMD / Bid Security Amount is not paid or less paid.

(g) Cost of RFP / Tender document processing fee is not paid or less paid.

Non-responsive Bids shall be liable for rejection at any stage during the
Bid evaluation process and the decision of APSRTC in this regard is final
and binding on the bidders.

12 Fraud and corrupt practices

The Bidders shall not either directly or indirectly indulge in corrupt /


fraudulent / coercive / undesirable / restrictive practice/s during the
Bidding Process.

In such an event, the Corporation shall forfeit and appropriate the


EMD and impose any amount of penalty.

Such bidder/s shall not be made eligible to participate in any tender


or RFP issued by the Corporation for a period of 2 (two) years.

13. Rejection of bids

The Authority reserves the right to accept or reject all or any of the Bids
without assigning any reason whatsoever. It is not obligatory for the
Authority to accept any Bid or to give any reasons for their decision.

The Authority reserves the right not to proceed with the Bidding Process
at any time, without notice or liability, and to reject any Bid without
assigning any reasons.

14 Modification or Withdrawal of Bids

The Bidders cannot modify or withdraw their Bids after submission.

The bidder may be allowed to modify the bid documents, provided the
same is requested by APSRTC only to accommodate clarifications on the
Bids submitted.

In the event of withdrawal of a Bid by the Bidder after bid submission


within the Bid validity period, the EMD of the Bidder shall become liable
for forfeiture.

Signature of Bidder
[22]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

15. Bid Opening and Evaluation

Opening of Bids

The Outer Envelope of the Bids received before the Due Date and time
shall be opened in the presence of the Bidders’ or designated
representatives who choose to attend, at the time, date, and location
specified by the Tender inviting Authority.

At the first instance, Envelop-1 containing signed copies of Technical


documents will be opened and scrutinized for eligibility.

The Price Bids of the Bidders who qualify after the evaluation of
Technical Details only would be opened.

Process to be Confidential

Information relating to the examination, clarification, evaluation and


comparison of Bids and recommendations for the award of a contract shall not
be disclosed to other persons not officially concerned with such process until
the process is completed and issue of the LoI to the Preferred Bidder has been
announced.

Clarification of Bids

For evaluation, and comparison of Bids, APSRTC may at its discretion request
the Bidder/s to furnish necessary information / clarification / substantiation in
writing.

Evaluation of Bids

Evaluation of Technical Documents:

(a) Bid Evaluation Committee / Tender Committee will determine whether the
technical documents submitted by the bidder are in order as per RFP
terms and conditions.

(b) If the submission does not satisfy the criteria at any stage, the submission
will be rejected and the Bidder will be eliminated.

Evaluation of Financial Bid:

a) If the Technical documents submitted by the bidder are in substantial


compliance with the RFP conditions, then, the Bid Evaluation Committee /
Tender Committee shall open the Price Bid in envelop-2 and shall review
and evaluate the Price Bid.

Signature of Bidder
[23]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

b) Bidders would be ranked in the descending order of the highest initial


Monthly License Fee offered by the Bidders to APSRTC.

i) Bidder quoting the highest initial Monthly License Fee (H1) will be
invited for negotiations.

ii) The Bidder offering the approved highest initial Monthly License Fee
after negotiations will be considered as the ‘Preferred Bidder’.

Correction of Errors

Bid determined to be substantially responsive will be checked by Bid Evaluation


Committee for any arithmetic errors. Wherever there isdiscrepancy between the
amount in figures and in words, the amount in words will govern and shall be
considered as binding on the bidder.

If the Bidder does not accept the corrections in the Bid, APSRTC may reject the
Bid and Bid Security shall be forfeited.

Confidentiality:

The confidentiality of the Technical Details and Price Bid of each Bidder will be
respected by APSRTC and will not be divulged unless required by operation of
law. Such information, may be made public at the sole discretion of APSRTC.

APSRTC’s Right to reject any or all Bids

APSRTC reserves the right to accept or reject any Bid, and to annul the Bidding
process and reject all bids, at any time prior to issue of LoI.

16 Preferred Bidder

The Bidder offering the approved highest initial Monthly License Fee after
negotiations will be considered as the ‘Preferred Bidder’.

Special Conditions relating to selection of Preferred Bidder:

In the event that two or more Bidders offer the same `initial Monthly
License Fee’, APSRTC may:

a) call all such bidders for re-submission of the Price Bids or conduct open
auction among such bidders and select the Preferred Bidder accordingly,
or

b) Take any such measure as may be deemed fit in the sole discretion of
APSRTC.

Signature of Bidder
[24]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

17. License Agreement

Issue of LoI after evaluation of the Bids and Approval of APSRTC:

Upon satisfactory compliance of all requirements and upon completion of the


Bid evaluation process, acceptance of the Bid, the intention of award of the
Licensing of the site would be conveyed by APSRTC to the Preferred Bidder
through Letter of Intent (LoI).

Fulfilment of LoI Conditions

The preferred Bidder shall fulfill all the LoI Conditions within 30 days of issue of
such LoI for signing of License Agreement as a precondition.

Signing of License Agreement

Within 30 (Thirty) days of the issuance of the LoI, the Preferred Bidder shall
sign the License Agreement with APSRTC as per the Terms and conditions of
the RFP.

If the Preferred Bidder fails to sign the License Agreement with APSRTC within
the stipulated time, the Bid Security and all other payments madetill that date
shall be forfeited.

In that event, APSRTC shall have the right to allot the site to the next Highest
Bidder (H2), if H2 bidder agrees to offer higher than or to match with the
highest offer of H1 Bidder, provided the bidder’s EMD amount is held with the
Corporation.

Execution of Lease Deed

APSRTC shall on the date of Signing of License Agreement, Lease the Site to
the Preferred Bidder on an “as is where is basis” under a valid and
bindingLand Lease Deed for a period coterminous with the License Period.

Possession of Site to Licensee

The possession of the allotted site will be delivered by the Corporation to the
Licensee on “as is where is” basis on signing of the License Agreement cum
Land Lease Deed. The license agreement itself is the handing over and taking
over note.

Signature of Bidder
[25]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

18 Miscellaneous
Commercial Infrastructure Facilities: The Licensee shall be permitted to
develop the infrastructure facilities up to G+1 floors only, with temporary or
semi-permanent dismountable (removable) structure only in the leasedpremises.

Sub lease / Mortgage:

The licensee is not allowed to sub lease, mortgage, encumber, sale the whole or
any part of the leased site / land. The Licensee is allowed to sub lease any built
up area / built up space on the leased site.

If the infrastructure facilities provided by the Licensee in the leased premises are
to be mortgaged, the same shall be undertaken with the prior approval of the
Corporation and the mortgage period shall not be beyond 10 years from the
commencement of the License Period.

Nature of Business:

a) The Licensee is allowed to undertake any business except businesses that


are not permitted.

b) Businesses not permitted are prohibited businesses as per the applicable


Laws and / or prohibited businesses by the Corporation from time to time
and also businesses in competition with the main operations and core
business activities of the Corporation viz., Logistics, Commercial
advertisements etc.

c) Corporation reserves the right to invite tenders for similar nature of


business for any number of stalls / sites in its premises on “mutually non-
exclusive basis”.

Minimum Period of doing business:

The Licensee will be allowed to withdraw from the license agreement, if he/she/it
desires to do so, only after completion of 5 (Five) years period from the date of
commencement of the License Period on submission of 3 (three) months
advance notice.

Taxes:

All types of taxes applicable from time to time with respect to the commercial
infrastructure facilities, commercial operation and license fee shall be borne and
paid by the Licensee only.

Signature of Bidder
[26]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders
Property Tax shall be borne and paid by the Licensee in the name of the
Corporation (APSRTC) only and the receipts in original shall be submitted to
APSRTC, immediately.
Applicable permits:

The licensee shall during the license period procure and maintain at its cost all
applicable Permits necessary from time to time for performing their business in
the leased site, including the permits required for construction of structures.

The Licensor, on request, shall provide necessary assistance to the Licensee for
obtaining approvals / permits.

In addition to the general instruction, the bidders are requested to review the
exhaustive terms and conditions stipulated in the draft License agreement in Vol-
II of this RFP which needs to be signed by the preferred bidder.

Any special conditions provided in ITB and omitted in draft License agreement
(Vol.-II of RFP) shall also form relevant clauses in the License agreement and the
preferred bidder shall not have any objection for the same.

In addition to the general and specific obligations of the Licensee mentioned in


the draft License Agreement, the Licensee, during the License Period, shall also
be liable and under obligation to perform those incorporated in the Request for
Proposal.

The preferred bidder shall bear & pay requisite Charges, Stamp Duty etc., to the
Government on the License Agreement.

Franking of the Agreement shall be under taken by the preferred bidder/


licensee.

In case of dispute in interpretation of terms and conditions of the Tender and the
License Agreement, the decision of the Managing Director of the Corporation is
final and binding on both the parties.

******

Signature of Bidder
[27]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

Appendix -1
Data Sheet (Details of proposed Sites)
Proposed
S.
Place Location District Area Sq.
No
Yards
Rear side of Bus
1 Rangampet East Godavari 900
Station
2 Anaparthy Bus Station East Godavari 1111
3 Kovvuru Bus Station East Godavari 296
4 Kalidindi (Bit-I) Bus Station Eluru 1935
5 Kalidindi (Bit-II) Bus Station Eluru 156
6 Koyyalagudem Bus Station Eluru 656
7 Kakinada Old Bus Station Kakinada 4017
Peddapuram
8 Old Bus Station Kakinada 9520
Adjacent to Old B/S (Bit –I)
Peddapuram
9 Old Bus Station Kakinada 9844
Adjacent to Old B/S (Bit-II)
Peddapuram
10 Old Bus Station Kakinada 5654
Adjacent to Old B/S (Bit-III)
11 Mandapeta (Bit-II) Bus Station Konaseema 726
12 Challapalli (Bit-I) Bus station Krishna 988
13 Challapalli (Bit-II) Bus station Krishna 923
14 Challapalli (Bit-III) Bus station Krishna 930
15 Kuchipudi Bus station Krishna 211
16 Vuyyuru (Bit-I) Bus Station Krishna 1597
17 Vuyyuru (Bit-II) Bus Station Krishna 1200
18 Pamarru Bus Station Krishna 1033
19 Avanigadda Bus Depot Krishna 5033
20 Nagayalanka Bus Station Krishna 1936
21 Unguturu Bus Station Krishna 1887
22 Jaggaiah peta (Bit –I) Bus Depot NTR 7986
23 Jaggaiah peta (Bit –II) Bus Depot NTR 9874
24 Jaggaiah peta (Bit –III) Bus Depot NTR 10600
25 Nandigama (Bit-I) Bus station NTR 1285
26 Tiruvuru (Bit-II) Bus Station NTR 1200
27 Bhimavarm Staff Quarters West Godavari 6059
28 Akiveedu Bus Station West Godavari 3877

Signature of Bidder
[28]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders
Data Sheet (Financial Parameters - Rs. )
Cost of RFP Rs. Base reserve
(applicable Price for the Bid Upfront
Place EMD (Rs)
including GST / initial monthly Amount (Rs.)
@18%) LF (Rs)
1 Rangampet 2360 12,420 4,140 49,680
2 Anaparthy 2360 69,993 23,331 2,79,972
3 Kovvuru * 2360 1,20,000 40,000 4,80,000
4 Kalidindi (Bit-I) 2360 1,50,930 50,310 6,03,720
5 Kalidindi (Bit-II) 2360 12,168 4,056 48,672
6 Koyyalagudem 2360 37,392 12,464 1,49,568
7 Kakinada 5900 4,82,040 1,60,680 19,28,160
Peddapuram
8 Adjacent to Old 2360 6,85,440 2,28,480 27,41,760
B/S (Bit –I)
Peddapuram
9 Adjacent to Old 2360 7,08,768 2,36,256 28,35,072
B/S (Bit-II)
Peddapuram
10 Adjacent to Old 2360 4,07,088 1,35,696 16,28,352
B/S (Bit-III)
11 Mandapeta (Bit-II) 2360 31,800 10,600 1,27,200
12 Challapalli (Bit-I) 2360 38,532 12,844 1,54,128
13 Challapalli (Bit-II) 2360 35,997 11,999 1,43,988
14 Challapalli (Bit-III) 2360 36,270 12,090 1,45,080
15 Kuchipudi 2360 7,596 2,532 30,384
16 Vuyyuru (Bit-I) 2360 1,91,640 63,880 7,66,560
17 Vuyyuru (Bit-II) 2360 1,44,000 48,000 5,76,000
18 Pamarru 2360 68,178 22,726 2,72,712
19 Avanigadda 2360 2,26,485 75,495 9,05,940
20 Nagayalanka 2360 63,888 21,296 2,55,552
21 Unguturu 2360 27,174 9,058 1,08,696
Jaggaiah peta
22
(Bit –I) 2360 6,18,117 2,06,039 24,72,468
Jaggaiah peta
23
(Bit –II) 2360 7,64,250 2,54,750 30,57,000
Jaggaiah peta (Bit
24
–III) 2360 8,20,440 2,73,480 32,81,760
25 Nandigama (Bit-I) 2360 1,15,650 38,550 4,62,600
26 Tiruvuru (Bit-II) 2360 1,38,240 46,080 5,52,960
27 Bhimavarm 5900 14,54,160 4,84,720 58,16,640
28 Akiveedu 2360 1,86,096 62,032 7,44,384
* In case of Kovvuru site for relocation of passenger way, transformer etc., the cost of Rs.7,00,000/- (Seven Lakhs) has to be additionally
paid by Successful Tenderer at the time of agreement.

Signature of Bidder
[29]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

 The initial Monthly License Fee is the bid parameter.


The base reserve price for the bid / base initial Monthly License Fee shall be the

 Minimum price for the bid for that particular site.

 Bid offer below the base reserve price for the bid shall not be accepted.
 The above amounts are exclusive of all taxes. The Licensee shall pay all Taxes
on the License Fee, Upfront amount etc. including GST or any other taxes
applicable from time to time.

 Registration charges, Land use conversion Charges etc., as prescribed by the


Government of AP or Government of India or its agencies or Local Bodies from
time to time shall be borne and paid by the Licensee only.

 The monthly License fee shall be paid by the Licensee without deducting TDS
and any other taxes applicable. However, Licensees are allowed to deduct TDS
till exemption certificates are issued by Income Tax Department.

Signature of Bidder
[30]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume I
Instructions
OS:15 years scheme, Request for Proposal, ED Zone -2 to Bidders

Appendix- 2
(To be submitted in sealed Envelop-2. Not to be filled in RFP)
PRICE BID

To Date:
The Executive Director Zone,
Andhra Pradesh State Road Transport Corporation,

Sir,

Sub: Price Bid - Licensing of Sq. Yards of uncovered vacant Site


at (Place), District for a Licensing Period
of 15 years – Submission of Price Bid – Reg.
Ref: 1) Tender Notice No. Dt. .
*****
After careful examination and review of the terms and conditions stipulated in
the RFP / Tender document, as a part of the Bid for the Licensing of
Sq. Yards of uncovered vacant site at (Place),
District for a licensing period of 15 years, as per tender notification vide ref. 1 st
cited above, I/we hereby submit the following Price offer as initial Monthly
License Fee to Andhra Pradesh State Road Transport Corporation.

I/We ( Person or Firm) _____ ______ quote Rs. [in


figures] (Rupees only (in words)) as the initial Monthly
License Fee, exclusive of all Taxes.

I/We agree to pay the monthly license Fee as per terms and conditions specified
in the RFP with all applicable taxes like GST and any other taxes imposed by
Govt. of India or Govt. of AP or its agencies from time to time.

I/We agree to abide by the above quote/offer and the terms and conditions of
the RFP in totality, if APSRTC selects us as the Preferred Bidder.

I/We also understand that, in case of any difference between the quoted amount
in words and figures, the amount stated in words will be considered as our quote
of the monthly License Fee.
Yours faithfully,

Signature of the Bidder


(Name, Aadhar number, Address, Date)

Signature of Bidder
[31]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Appendix-3

Drawings of proposed Sites

Signature of Bidder
[32]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

ANAPARTHY BUS STATION


1111 Sq. Yards

Signature of Bidder
[33]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

KOVVURU Bus Station


296 Sq. Yards

Signature of Bidder
[34]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

KALIDINDI BUS STATION


BIT-1 1935 [Link], BIT-2 156 [Link],

Signature of Bidder
[35]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

KOYYALAGUDEM BUS STATION


656 Sq. Yards

Signature of Bidder
[36]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

KAKINADA BUS STATION


4017 [Link]

Signature of Bidder
[37]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

PEDDAPURAM OLD BUS STATION


BIT-1 9520 [Link], BIT-2 9844 [Link],
BIT-3 5654 Sq. Yards

Signature of Bidder
[38]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

MANDAPETA BUS STATION


(BIT-2) 726 Sq. Yards

Signature of Bidder
[39]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

CHALLAPALLI BUS STATION


BIT-1 988 [Link], BIT-2 923 [Link],
BIT-3 930 Sq. Yards

Signature of Bidder
[40]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

KUCHIPUDI BUS STATION


211 Sq. Yards

Signature of Bidder
[41]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

VUYYURU BUS STATION


(BIT-1) 1597 [Link], (BIT-2) 1200 [Link]

Signature of Bidder
[42]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

PAMARRU BUS STATION 1033 [Link]

Signature of Bidder
[43]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

AVANIGADDA BUS DEPOT 5033 [Link]

Signature of Bidder
[44]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

NAGAYALANKA BUS STATION


1936 [Link]

Signature of Bidder
[45]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

UNGUTURU BUS STATION 1887 [Link]

Signature of Bidder
[46]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

JAGGAIAHPETA BUS DEPOT


BIT-I 7986 Sq. Yards, BIT-II 9874 Sq. Yards,
BIT-III 10600 [Link]

Signature of Bidder
[47]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

NANDIGAMA BUS STATION


BIT-I 1285 Sq. Yards

Signature of Bidder
[48]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

TIRUVURU BUS STATION


BIT-II 1200 Sq. Yards

Signature of Bidder
[49]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

BHIMAVARAM BUS DEPOT


STAFF QUARTER’S 6059 Sq. Yards

Signature of Bidder
[50]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

AKIVEEDU BUS STATION


3877 Sq. Yards

Signature of Bidder
[51]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

VOLUME - II

DRAFT LICENSE AGREEMENT

Signature of Bidder
[52]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

LICENSE AGREEMENT
for Licensing of _ Sq. yards of uncovered vacant Site at
(Location), District.
Agreement No: dt.

This License Agreement (herein after also referred to as “Agreement”


or “Lease Deed”) is made on this the day of 2022 at
(Place), Andhra Pradesh.

By and Between

Andhra Pradesh State Road Transport Corporation (APSRTC), established under


RTC Act 1950, represented herein by its Executive Director ( Zone) Sri.
, Aadhar No. aged years, S/o. Sri.
having its office at , hereinafter referred to
as the “Licensor” or “Authority” or “APSRTC” or “Corporation” or “Lessor” which
expression shall unless it be repugnant to the context include its administrators,
successors and permitted assigns, of the ONE PART

And

Sri. Aadhar No. , aged years, S/o. Sri.


, having residence at [Link]. , (Village),
Mandal, District hereinafter referred to as the “Licensee” or
“Lessee” which expression shall unless it be repugnant to the context include its
successors and permitted assigns, of the SECOND PART

Each singly a "Party" and collectively the "Parties".

Whereas,
a) The Licensor has published Tender Notice no. dt. in and
daily News Papers inviting tenders for giving right of license to
utilise the uncovered vacant space. The second party has participated in the
tender for licensing of Sq. Yards of uncovered vacant space at
(location), (District) and became successful bidder by
offering Rs. (Rupees only) as initial license fee per
month.

b) The Licensor accepted the offer of the second party and a Letter of Intent
(LoI) bearing No. dated was issued to the Successful

Signature of Bidder
[53]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

Bidder, requiring him to execute the Agreement within 30 (thirty) days of the
date of issue thereof.

c) The second party acknowledges and confirms that it has undertaken a due
diligence exercise of all aspects of the location including its technical and
financial viability, legal due diligence, and on the basis of its independent
satisfaction hereby accepts the license and agrees to run the business in this
location at its own cost, risk and expense in accordance with the terms and
conditions of this Agreement.

d) Following the issuance of LoI, the Preferred Bidder / Licensee in accordance


with the terms and conditions as specified in the tender document, as being
the precondition to the execution of this Agreement, has made the following
payments:

i) An amount of Rs. _ /- (Rupees only) towards non


st
refundable and irrevocable payment of 1 installment of Upfront Amount,
after adjusting the EMD amount of Rs. /-(Rupees only)
paid by the preferred bidder at the time of tenders.

Thus a total amount of Rs. /- (Rupees only) towards


st
non refundable and irrevocable payment of 1 installment of Upfront
Amount is received by the Licensor.

(Details of payments to be incorporated).

ii) An amount of Rs. _ /- (Rupees only) towards non


nd
refundable and irrevocable payment of 2 installment of Upfront Amount
after allowing a discount of 5% on 2nd installment.

(if the same is paid at the time of execution of the Agreement or within 30
days of issue of Letter of Intent, whichever is earlier).

(Details of payments to be incorporated).

iii) An amount of Rs. /- (Rupees only) towards interest


free, refundable Security Deposit.

(Details of payments to be incorporated).

e) In light of the compliance by the Preferred Bidder / Licensee of the pre-


conditions to the execution of the License Agreement, the Licensor has
agreed to enter into this License Agreement vesting the rights for the
implementation of the Lease with the Licensee on the terms, conditions and
covenants hereinafter set forth in this Agreement.

Signature of Bidder
[54]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

f) In consideration of the promises and mutual covenants herein contained, the


adequacy of which is hereby acknowledged and confirmed, the terms and
conditions of this Agreement are set out as below.

NOW THEREFORE THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED


BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

ARTICLE 1

SCOPE OF LICENSE

Nature of business:

The Licensee is allowed to undertake any business except businesses that are
not permitted. Businesses not permitted are prohibited businesses as per the
applicable Laws and / or prohibited businesses by the Corporation from time to
time and also businesses in competition with the main operations and core
business activities of the Corporation viz., Logistics, Commercial advertisements
etc.

The licensee shall procure and maintain at its cost all applicable Permits
necessary for this purpose from time to time for running the business, including
the permits required for construction of structures.

Corporation reserves the right to invite tenders for similar nature ofbusiness for
any number of stalls / sites in the APSRTC premises on “mutually non-exclusive
basis”. The Licensee shall not have any objection for the same.

Grant of License:

Subject to and in accordance with the terms and conditions set forth inthis
Agreement, applicable laws and applicable permits, the Licensor hereby grants
and authorises the Licensee to design, develop, construct, operate and maintain,
lease the Commercial facilities, to conduct business, to exercise and / or enjoy
the rights, powers, benefits, privileges, authorizations / Licenses and
entitlements as set forth in this Agreement including the right to collect, retain
and appropriate all tariffs, rentals, other fees and charges for the facilities and
services provided.

Signature of Bidder
[55]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

The Licensee hereby accepts the License and agrees to implement the
lease subject to and in accordance with the terms and conditions set forthin this
Agreement.

License Period

License period is 15 (Fifteen) years and not extendable.


The License hereby granted is for a period of 15 (Fifteen) years
commencing from Dt. To end Dt. Period”). Further, this Agreement shall
automatically terminate upon expiry of theLicense Period by efflux of time, or in the
event of earlier Termination.
Provided that in the event of earlier Termination, the License Period shallend with
the Termination Date.

Leased Site:

The site comprising the uncovered vacant land of Sq. Yards at


(Place i.e. B/S or B/D or St. Qtrs. etc.) under survey no.
of (Village/Town),
(Mandal), District more particularly described at Schedule- 2 is
leased to the Licensee in accordance with the provisions of this Agreement.

The Licensor agrees to bear all the costs of making available the Leased Site to

the Licensee.

The Licensor shall, upon signing of this Agreement, handed over the leasedland
and delivered possession of the land to the Licensee on “as is where is basis”
with the Easement Rights and with the full and free right and liberty of way and
passage and other rights in relation thereto and the right, authority and license
to conduct business thereat in accordance with the provisions of this
Agreement.

In consideration for the Lease of the Site, the Licensee shall pay the Licensor, all
the payments viz. Upfront Amount, Monthly License Fee, interest free refundable
Security Deposit and irrevocable, penalties l interests etc. and all taxes there on
applicable from time to time, as specified in detail.

Signature of Bidder
[56]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

Sub lease:

No sub lease of land:

The Licensee shall not sub lease the whole or any part of the land comprising the
Leased Site, leased to it by the Licensor under this Agreement, to any person in
any form or under any arrangement, device or method.

Sub lease of built up area / built up space on the Leased Site:

a) The Licensee is allowed to sub lease any built up area / built up space on
the Leased Site, provided the terms & conditions of such sub leases shall
not be inconsistent or contrary to and shall be co-terminus with the
agreement / lease deed.

b) The Licensee shall remain in peaceful possession and enjoyment of the


Leased Site during the License Period.

c) The Licensee shall prevent encroachments or occupation of the Site


allotted to them. In case of any encroachment or occupation forthwith
remove the same at its own cost.

d) The Licensee acknowledges that before entering into this Agreement, it


has had sufficient opportunity to inspect the Site, and accepts full
responsibility for its condition.

e) All articles of value or antiquity found on the Leased Site shall be the
property of the Licensor.

f) While conducting business in the leased property, the Licensee shall


ensure compliance by itself with all Applicable Laws, Applicable Permits
and the Licensee shall be entirely liable for any violations or breaches
thereof and indemnify and keep indemnified the Licensor from and against
all liabilities and costs in this behalf.

g) The allotted premises and surroundings shall at all times be kept clean and
tidy. The Licensee shall remove or cause to be removed, at its own cost
and expense, all waste, garbage, rubbish, and/or refuse from the
premises. Such waste shall be disposed off at faraway place as per rules
in vogue. No foul smell shall generate from the leased premises on
account of the waste generated from the business activity or use in the
premises. Necessary drainage facilities shall be provided by the licensee at
its own cost for disposal of relevant wastes an shall be maintained
properly at all times.

Signature of Bidder
[57]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

Paramount importance shall be given for health and hygiene of the users
and commuters. The allotted Site is liable for inspection, at any time by
the Licensor or its representatives or Government agencies or local bodies
or any competent Authority, and the Licensee shall not have any
objection.

h) All infrastructure facilities necessary for conducting business in the leased


premises shall be developed, operated and maintained by the Licensee in
accordance with the provisions of this agreement and Good Industry
Practice.

Accidents and Safety:

The buildings shall be designed & constructed in accordance with the latest
Indian Standard Specifications and Codes. Complete responsibility of the
structural safety of the commercial infrastructure facilities provided lies
with the Licensee.

It is the complete responsibility of the Licensee to prevent accidents of all types.


Hence, at its cost ensure safe conditions at the Leased site for the users,
commuters, employees etc. and take all reasonable precautions for
prevention of accidents on or about the Leased Site. The Licensee shall
provide all reasonable assistance and emergency medical aid to accident
victims and shall bear & pay all the costs and compensation. The Licensee
shall at all times indemnify and keep indemnified the Licensor in this
regard.

Miscellaneous
The Licensee shall not undertake or permit any change in ownership unlesswith
the written permission of the Licensor.
The Licensee shall submit approved plans of the structures to the licensor within
15 days of their approval by the concerned Govt. Departments. It is the
complete responsibility of the Licensee to adhere to the approved plans in
construction of structures.
Change of Land Use:
The Govt. of Andhra Pradesh have issued GO. Ms No. 141 of MAUD dated
06.06.2016 regarding change of land use of all vacant lands of APSRTC
converting the land use into multiple use Zone. If, additional permits are required
or any fee is to be paid to Government or local bodies etc. in this connection,
such permits shall have to be obtained by the licensee and costs/fee shall be
borne and paid by the Licensee only.

Signature of Bidder
[58]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

Advertisement:

The Licensee shall not exhibit or permit advertisement of any company / product
/ service except displaying the name of their shop(s) / stall(s) / name of business
entity i.e. the licensee is not allowed to use the premises for generation of
commercial revenue through display of advertisements.

The licensee shall erect uniform signage boards for all shops with aestheticlook.

Payments to the Licensor:


In consideration for the grant of the License, the Licensee shall make the
following payments to the Licensor in the manner and at the times mentioned
hereunder:

Upfront Amount:
a) The Upfront Amount payable by the licensee is Rs. .
b) The Upfront Amount is non refundable and irrevocable.
c) The Upfront Amount is payable in 2 equal installments.
d) The Licensee paid the 1st installment of 50% of Upfront Amount as a pre-
condition for signing of License Agreement as specified in the preamble.
e) The 2nd installment of Upfront Amount i.e. the balance 50% of Upfront
Amount shall be payable by the licensee immediately on completion of 1
year, along with the license fee to the licensor in the form and manner
specified from time to time.

If the licensee pays the 2nd installment of Upfront Amount at the time of
execution of the Agreement or within 30 days of issue of Letter of Intent,
whichever is earlier, a discount of 5% on 2nd installment of Upfront
Amount shall be allowed.

f) The Licensee shall pay all taxes applicable from time to time on the
Upfront Amount.

g) Failure to pay Upfront Amount on or before due date attracts penal


interest @ 24% pa.

Monthly License Fee:


a) The initial monthly license fee payable by the licensee is
Rs. (the approved bid offer).
b) The holiday period for payment of License fee shall be 6 months from the

Signature of Bidder
[59]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

date of commencement of License Period or up to the date of


commencement of commercial operation, whichever is earlier.
The license period of 15 years is inclusive of the license fee holiday
period.

The initial monthly license fee is payable by the Licensee after completion
of license fee holiday period.

c) The Licensee shall make payments with respect to the Monthly License
Fee by 10th of every month, in advance during the License Period.
d) The Monthly License Fee shall be enhanced year over year as furnished
below:
i) Same approved initial monthly license fee up to 3 years from the date
of commencement of License period.
ii) From 4th year to 10th year: Increase by 5% over that of previous
year’s License Fee.

iii) From 11th year to 15th year: Increase by 10% over that of previous
year’s License Fee.

e) The amount of Monthly License Fee payable by the Licensee Year over
Year is specified in Schedule of Payments at Schedule – 1 and the same is
exclusive of all Taxes.

f) The Licensee shall pay GST & all other taxes applicable from time to time
on the license fee to the Licensor.

g) License fee shall be paid without deducting TDS and any other taxes
applicable. However, the Licensee is allowed to deduct TDS till exemption
certificates are issued by Income Tax Department.
h) The Monthly License Fee shall be paid to the licensor in the form and
manner specified from time to time.
i) Failure to pay Monthly License Fee on or before due date attracts penal
interest @ 24% pa.
Security Deposit:
a) The Security Deposit amount shall always be equal to 6 times the monthly
license fee of that year and payable by the Licensee to the Licensor.

b) The initial Security Deposit amount shall be payable invariably by the


Licensee on or before commencement of the License Period as per
Agreement.

Signature of Bidder
[60]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

c) The Licensee shall pay to the Licensor the enhanced Security Deposit
amount whenever the monthly license fee is increased.

d) The Security Deposit amount payable by the Licensee Year over Year is
specified in Schedule of Payments at Schedule – 1.

e) Security Deposit will not be adjusted towards monthly license fee payable
by the Licensee, unless on termination on account of default.

f) The Interest free Security Deposit is refundable at the end of the license
period.

g) Late payment of Security Deposit attracts penal interest @24% per


annum.

h) Security Deposit shall be refundable to the Licensee within a reasonable


period of 90 days of vesting the encumbrance free Leased Site to the
Corporation in its original condition upon termination of the contract by
efflux of time or earlier termination, after adjusting all the dues / damages
/ claims / compensation / penalties / penal interests / Taxes / dues to
Govt. payable, if any, by the Licensee to the Corporation.

i) In case the licensed site vested to the Corporation by the Licensee is not
in its original condition, then the cost involved in bringing the reverted site
to its original condition stands recoverable from the Security Deposit.

j) In case of termination of the License Agreement due to breach of terms


and conditions of either tender document or license agreement or both,
the Licensor reserves the right to adjust the security deposit to the extent
of any dues / damages / claims / compensation / penalties / penal
interests / Taxes / dues to Govt. payable by the Licensee and appropriate
the proceeds to the Licensor’s account and to forfeit the balance Security
Deposit.

Penalties & Penal Interests:


a) Penal Interest on delayed payments:
A penal interest @ 24% per annum will be levied on the outstanding due
amounts of License Fee, Upfront Amount, Security Deposit or any other
amount payable to the Corporation and the Licensee is liable to pay such
penal interest. Such penal interest is payable during the cure period also.

a) Penalties:

Apart from imposing penal interest on delayed payments as defined in

Signature of Bidder
[61]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

section (a) above, such penalties as clearly defined in the relevant


sections of the Agreement shall also be imposed on the Licensee for
breach of terms and conditions of the Agreement. The Licensee shall bear
& pay such penalties.

Commercial facilities:

Structure:

The Licensee shall be permitted to develop the commercial facilities up to G+1


floor only, with temporary or semi permanent dismountable (removable)
structure only.

Affidavit:

The Licensee shall submit a notarized affidavit to the Corporation at the time of
entering into agreement that no permanent construction will be made and no
extension of license period will be sought for investment made.

Service facilities:

The services like electric supply, water supply, drainage lines etc., required for
development of commercial facilities in the allotted site shall have to be procured
and borne and by the Licensee at its own cost.

Parking of vehicles:

The Licensee shall be entitled to develop the allotted site as per their business
needs subject to applicable laws and applicable permits. The Licensee shall take
up the construction work duly providing necessary parking space in the leased
site. The Licensee shall ensure that their users, business partners and employees
do not encroach the Licensor’s premises for parking their vehicles and shall not
cause obstruction and hindrance to the activities of the Licensor.

ARTICLE 2

EFFECTIVENESS AND TERM OF THE AGREEMENT

The agreement shall come into force and effect on the date of execution of
the agreement by both the parties. The commencement of Agreement
periodshall be 30 days from the date of issue of allotment order / Letter of
Intent (LoI) or the date of execution of License agreement whichever is
earlier.

Signature of Bidder
[62]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
The preferred bidder shall bear & pay requisite Charges, Stamp Duty etc., to
the Government on the License Agreement.

Franking of the Agreement shall be under taken by the preferred bidder/


licensee.

Unless terminated earlier by any of the party in accordance with the terms of
the agreement, the agreement shall remain in full force and effect for a
period of 15 (fifteen) years from the date of commencement of the
License Period.

The Licensee shall nominate, through a notarized affidavit, his / her legal heir
to inherit the lease deed upon his / her death.

In the event of death of the Licensee, the license shall come to an end.
However, the licensor reserves the right to permit the nominee (first
preference) or other legal heirs of the deceased licensee to run the business
on the same terms and conditions of the original agreement for the remaining
period of license duly entering into a supplementary Agreement on Non-
Judicial stamp paper.

Franking of the supplementary Agreement shall be under taken by the new


licensee at his own cost duly paying the Charges, Stamp Duty to the
Government.

ARTICLE 3

TAXES AND INSURANCE

Taxes in relation to location:

Any taxes as applicable from time to time, including any changes in GST /
Duties imposed by a Governmental Authority with respect to commercial
infrastructure facilities, commercial operation and License Fee etc. shall be
borne and paid by the Licensee only as per GOs / Circulars / Clarifications
being issued from time to time by Government of India / Andhra Pradesh.

Property Tax:

The Property Tax shall be borne and paid by the Licensee in the name of
the Corporation (APSRTC) only and the receipts in original shall be
submitted to APSRTC immediately.

Signature of Bidder
[63]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

ARTICLE 4

OWNERSHIP OF THE LICENSED PREMISES AND


RELATED INFRASTRUCTURE

The ownership, rights and title of the Licensed site shall always vests with
APSRTC including the Licensing period.

The ownership, rights and title of the commercial facilities developed by the
Licensee shall vest with Licensee during the license period. Licensee shall
have no right, title or interest in the Location.

APSRTC will not suffer in any manner out of Licensee’s use of the Location
whereby the estate, rights and interests of the APSRTC in the Location or
any part thereof might be impaired, except in accordance with and subject
to the provisions of the agreement.

Licensee shall not directly or indirectly cause, create, incur, assume or suffer
to exist any mortgage, pledge, lien, charge, security interest,
encumbrance or claim, on the location other than the commercial
infrastructure provided by the licensee.

Mortgage of commercial facilities shall be permitted and under any


circumstances such mortgage shall terminate within 10 years from
commencement of license period.

After the Term of the Agreement, Licensee shall execute to remove


commercial infrastructure provided by the Licensee, and return the
licensed premises in its original condition to APSRTC.

ARTICLE 5

RIGHTS, COVENANTS & WARRANTIES

Licensee’s Rights, Covenants & Warranties:

Licensee inspected the leased premises and satisfied themselves on the


suitability of the site for their business and for development of related

Signature of Bidder
[64]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

Infrastructure and accepted the possession of the Site on “as is where is”
basis, on the possession date.

Licensee shall conduct the business and construct commercial


infrastructure in the licensed premises as per the terms and conditions of
this Agreement.

Except for the commercial infrastructure, Licensee shall not make or willnot be
permitted to make any alterations, changes in or additions to the
licensed Premises without the prior written consent of APSRTC.

Licensee shall be solely responsible for

(a) ensuring that the design, construction, operation and maintenance of


the commercial Infrastructure are in compliance to applicable laws,
including those relating to safety, public health & environment and
procure all required permits under applicable laws at the cost of
Licensee.

(b) ensuring that the performance of the tasks required for installation,
operation and maintenance of the commercial Infrastructure does not
cause any damage to the Location, including any damage to a public
property or any property belonging to a party not involved in this
agreement or any property of the APSRTC other than the one agreed
upon in this agreement;

During the Term of the Agreement, Licensee shall have the right to erect
temporary or semi-permanent dismountable (removable) structures,
limiting the vertical development up to ground + one floor only at the
licensed site as may be reasonably required for the purpose of carrying
out the business.

Removal of these structures shall be at the expense of the Licensee upon


termination of the agreement.

Licensee warrants to the corporation that it will take up all necessary


actions under applicable laws to execute, deliver and perform its
obligations under the agreement.

Confinement to the Area / space allotted: The licensee has to perform the
business strictly confining to the area / space allotted. There shall not be
any encroachment of the area other than the allotted premises, by the
licensee under any circumstances. Business through hawkers outside the
allotted premises is strictly prohibited.

Signature of Bidder
[65]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

Licensee unequivocally and irrevocably agree (unless mutually agreed otherwise


between the parties to the agreement) that the licensed site shallbe used
for the purposes of undertaking the activity mentioned as per the
Agreement only and for no other purpose during the License period.

APSRTC’s Rights, Covenants & Warranties:

Subject to Licensee’s compliance with all provisions contained in the


agreement, APSRTC consents that Licensee shall have quiet,
unimpededand peaceful access to the Location throughout the Term of the
Agreement.

APSRTC shall allot the land to the Licensee for a period of 15 years, subject
to:

a) payment of License Fee, Upfront amount, Security Deposit, Taxes etc. by


the Licensee as per schedule of payments and other terms and conditions
of the Agreement.

b) the Licensee adhering to the terms & conditions of the agreement without
committing any event of default.

c) curing of an event of default by the Licensee within the time frame.

DPTO concerned of APSRTC shall be the Nodal Officer for coordination with
the Licensee to achieve the objectives of this Agreement.

ARTICLE 6

INDEMNIFICATION, LIMITATION OF LAIBILITY AND DEFAULT

Indemnification:

Licensee shall indemnify, defend and hold APSRTC and any of its directors,
officers, members, employees, and all of its and their successors and assigns,
harmless from and against any and all, claims, liabilities, judgments including
but not limited to, reasonable attorney fees arising out of or incurred in
connection with a breach of any representation, or covenant by Licensee
under this Agreement, including against any and all Damages from third-party
Claims.

Signature of Bidder
[66]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

Limitation of Liability:

In no event APSRTC shall be liable (in contract or in tort, including negligence


and strict liability) to any other party or to any other party’s affiliates or their
respective representatives, agents, officers, directors, shareholders, partners
or employees for any special, indirect or consequential damages relating to
this agreement.

Events of Default & applicable Penalties:

Each of the following shall constitute an “Event of Default” of the Licenseeunder


the agreement:

i) Licensee’s repudiation or failure to perform or discharge any of its


obligations and / or any of the provisions of the Agreement.

Penalty: Based on the gravity of the default assessed by the unit officer
concerned as Minor or Major, the following penalties shall be levied.

a) Minor default:

A penalty of amount up to Rs 2,000/- for 1 st instance, Rs.3,000/- for


2nd instance and Rs.5,000/- for 3rd instance shall be levied on each
occasion.

b) Major default:

Repeated commissioning of minor default for more than three times in


a year will also constitute a major default.

In the event of occurrence of a major default, either by virtue of


gravity or by repeated commissioning of minor default for more than
three times in a year, the license is liable for termination.

ii) Licensee’s failure to make payments due and payable to the Corporation
as per the Agreement within the stipulated period.

Penalty: If the payments are defaulted for more than three (3) months in
a row, the license is liable for termination, besides imposing penal interest
on delayed payments.

iii) Licensee creates any encumbrance in breach of this Agreement.

Penalty: The license is liable for termination.

iv) Unauthorized / excess occupation of the Corporation's land by the


Licensee or its sub-lessee/s.

Signature of Bidder
[67]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

Penalty:

a) If the licensee is found to have encroached the space not allotted to


him as per agreement, an amount equal to the pro rata license fee for
the additional space occupied for the period of occupation shall be
payable by the Licensee and the licensee should immediately be
confined to the area allotted as per the Agreement.

b) Further, an amount equal to 25% of the pro rata license fee so


collected as per para (a) above shall be levied as penalty for 1 st
occasion and 50% of the pro rata license fee so collected as per para
(a) above shall be levied as penalty for 2 nd occasion and 100% of the
pro rata license fee so collected as per para (a) above shall be levied
as penalty for 3rd occasion, in one year period.

c) Repeated commissioning of above default is liable for termination.

v) Licensee or its sub-lessee/s conducting business activities prohibited by


law or that against the interests of the Corporation.

Penalty: The license is liable for termination.

vi) Licensee subleasing the Leased Site to any person / firm etc. in full or part
in any manner, form or arrangement.

Penalty: The license is liable for termination.

vii) Unauthorized change in ownership of License in breach of the Agreement.

Penalty: The license is liable for termination.


viii) Selling unauthorized items or conducting unauthorized business:

Penalty: A penalty of amount up to Rs 2,000/- for 1 st instance, Rs.


3,000/- for 2nd instance and Rs.5,000/- for 3rd instance shall be levied on
each occasion. If the licensee repeats the same default for more than
three times in a year, the license is liable for termination.

ix) Quality / quantity / prices of items / services offered by the Licensee are
not adhering to the standards and specifications stipulated by the
concerned Authorities and /or not in accordance with good industry
practice.

Penalty: A penalty of amount up to Rs 2,000/- for 1 st instance, Rs.


3,000/- for 2nd instance and Rs.5,000/- for 3rd instance shall be levied on

Signature of Bidder
[68]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

each occasion. If the licensee repeats the same default for more than
three times in a year, the license is liable for termination.

Authority competent to levy penalties:

i) The unit officer concerned or higher Authorities in whose administrative


Jurisdiction the Leased site lies is empowered to levy penalties, with due
issue of Notice to the licensee and on consideration of its explanation.

ii) The signatory of the Agreement or any assigned Authority of the


Corporation is empowered to terminate the license.

ARTICLE 7

FORCEMAJEURE

Force Majeure event shall mean any event or circumstance or a


combination of events and circumstances caused, directly or indirectly, by
Acts of god, fires, floods, power failures, epidemic, endemic or pandemic,
act of public enemy, civil commotion, sabotage, wars, insurrections, riots,
labour disturbances, strikes, lockouts, go-slow, damage to machinery on
account of accident or passing of any statutory order by the eligible
authority/ies, prohibiting performance of such obligation by a competent
authority; and restrictions of any country affecting theperformance of the
agreement or any part hereof.

Costs, Relief during Force Majeure Event

a) Costs:

The Licensee shall bear its costs, if any, incurred as a consequence of the Force
Majeure Event.

b) Relief:

i) The Affected Party shall be granted by the other Party, extension of time
specified in this Agreement for the performance of any obligation by such
period not exceeding the period during which the relative performance
was affected by the Force Majeure Event. However, the License Period
remains unaltered.

ii) In case of occurrence of Force Majeure Event during the license fee holiday
period, the APSRTC may, at its sole discretion, grant the Licensee extension
of license fee holiday period by such period not exceeding the number of

Signature of Bidder
[69]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

days the performance of the obligations of the Licensee are affected by


Force Majeure Event.

iii) In case of occurrence of Force Majeure Event during the license fee
payment period, the APSRTC may, at its sole discretion, grant the Licensee
concession in payment of monthly license fee in accordance with
Government guidelines, if any, or as per procedure followed by other State
Transport Undertakings or as per good industry practice followed by normal
commercial organizations falling within the area affected by the same Force
Majeure Event.

ARTICLE 8

TERMINATION AND EXIT MANAGEMENT

Termination:

(i) Termination by efflux of time:

The agreement period gets terminated automatically by efflux of time on


completion of Fifteen (15) years period from the date of commencement of
License Period.

Upon termination of this Agreement on expiry of the License period by efflux


of time, no termination payment shall be due and payable to the Licensee.

Upfront amount is not refundable.

(ii) Termination for Licensee event of default:

The agreement may be terminated earlier by the Corporation, if the Licensee


is in default and / or in material breach of any of its obligations / terms &
conditions of the agreement and / or has not cured such breach within the
stipulated time lines for the Cure Period with written notice of 30 (thirty) days
thereof.

The failure by the licensee to perform or observe any term or condition of the
Agreement and such failure continues for a period of thirty (30) days after
receipt of written notice thereof, the agreement is liable for termination.

Provided however, that if the nature of such default is such that the same
cannot reasonably be cured within said thirty (30) day period, then the
licensee shall have such additional time as is reasonably required to cure such

Signature of Bidder
[70]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

failure, provided the licensee commences to cure such failure within such
thirty (30) day period and proceeds to cure such failure with diligence and
continuity.

Upon termination of this Agreement on account of a Licensee event of default

a) no termination payments as compensation, damages, goodwill or


otherwise shall be payable to the Licensee by the Licensor.

b) the Licensor shall retain the payments made by the Licensee till the date
of termination including Upfront Amount, Monthly License Fee, Security
Deposit towards damages.

(iii) Termination ‘AT WILL’ by the Licensor:

At any point of time during subsistence of the license period, the license can
be terminated by the Licensor, if desires to do so, only after completion of 5
(Five) years period from the date of commencement of License Period,
without assigning any reason, by giving 3 (three) months advance notice.

In such circumstances, the deposits made by the Licensee that remain to the
credit of the Licensor will be refunded after all the dues / damages / claims /
compensation / penalties / penal interests / Taxes payable by the Licensee to
the Licensor and other dues to the Govt. have been settled out of the
deposits.

The Licensee shall be allowed to take away the structural material


dismounted and removed.

Upfront amount is not refundable.

Compensation:

Upon termination of the License Agreement ‘AT WILL’ by the Licensor, the
compensation amount payable by the Licensor to the Licensee is as follows:

a) Termination during 6th year of License Agreement: 12 months License fee

b) Termination during 7th year of License Agreement: 10 months License fee

c) Termination during 8th year of License Agreement: 8 months License fee

d) Termination during 9th year of License Agreement: 6 months License fee

e) Termination during 10th year of License Agreement: 4 months License fee

f) No compensation need be paid on exercising ‘AT WILL’ exit clause in 11 th


year or thereafter.

Signature of Bidder
[71]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

No other termination payments as compensation, damages, goodwill or


otherwise shall be payable to the Licensee by the Corporation.

(iv) Termination ‘AT WILL’ by the Licensee:

The Licensee will be allowed to withdraw from the license agreement if


he/she/it desires to do so, only after completion of 5 (Five) year’s period from
the date of commencement of License Period, on submission of 3 (three)
months advance notice.

In such circumstances, no compensation, damages, goodwill or otherwise


shall be payable to the Licensee by the Corporation.

Upfront amount is not refundable.

However, the deposits made by the Licensee that remain to the credit of the
Corporation will be refunded after all the dues / damages / claims /
compensation / penalties / penal interests / Taxes payable by the Licensee to
the Corporation and other dues to the Govt. have been settled out of the
deposits.

The Licensee shall not be eligible to invoke the ‘At Will’ exit clause when there
exists a pending Show Cause Notice of Termination against the Licensee for
any Licensee’s event of default.

v) Termination by mutual consent:

If in the opinion of both the parties that business cannot be carried out in the
licensed premises for reasons beyond the control of the parties viz. Force
Majeure etc. or both the parties agree to terminate the agreement for what
so ever the reason may be, then the agreement can be terminated with
mutual consent duly entering into a termination deed.

In such circumstances, the deposits made by the Licensee that remain to the
credit of the Licensor will be refunded after all the dues / damages / claims /
compensation / penalties / penal interests / Taxes payable by the Licensee to
the Licensor and other dues to the Govt. have been settled out of the
deposits.

Upfront amount is not refundable.

No termination payments as compensation, damages, goodwill or otherwise


shall be payable to the Licensee by the Corporation.

Signature of Bidder
[72]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

Termination Procedure:

The Authority entitled to terminate the Agreement either on account of a Force


Majeure Event or on account of licensee event of default shall do so by issue of
two notices followed by Show Cause Notice of Termination in writing, duly
allowing 15 days time on each occasion to the licensee to cure the default or to
defend. An opportunity of personal hearing will be given to the Licensee before
issue of Termination Order.

The Agreement shall be terminated with a Termination Order. On issue of the


Termination Order, the Agreement shall stand terminated.

Each Party shall continue to perform its obligations under the agreement
(including any payment obligations) till the Agreement stands terminated.

Exit Management:

Exit management procedure shall be applicable in the following manner on


termination of the License Agreement for what so ever the reason may be:

Upon termination of the License Agreement, the Parties shall cooperate for
smooth transfer of the Licensed Site. The Licensee shall re-convey the vacant
and peaceful possession of the Licensed Site to the Licensor, without
encumbrances and encroachments.

On termination, if the due amounts to the Corporation or the Government cannot


be cleared on forfeiture of Security Deposit, the Corporation reserves the right to
confiscate the structure (buildings) and / or furniture, plants & machinery and
other facilities of the Licensee in the licensed premises and to recover any
amounts due and payable to it or to the Government by the Licensee from the
appropriate proceeds of the said property.

Nothing herein shall prejudice the right of the Licensor to recover from the
Licensee any amounts due and payable to it or to the Government by the
Licensee.

The Licensee shall remove the infrastructure (created by Licensee), furniture,


plants & machinery and other facilities from the licensed premises at its own
cost, unless confiscated by the Licensor. If the licensed site vested to the
Corporation by the Licensee is not in its original condition, then the cost involved
in bringing the reverted site to its original condition stands recoverable from the
Licensee.

Signature of Bidder
[73]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

The Licensee shall execute such deeds of conveyance, documents as the


Licensor may reasonably require for conveying and assigning all the rights, title
and interest on the site and the right to receive outstanding insurance claims to
the extent due and payable to the Licensor, absolutely unto the Licensor or its
nominee.

APSRTC will permit Licensee or Licensee’s representative for peaceful access to


the licensed premises without any hindrance, whatsoever for executing exit
management procedure.

The activities pursuant to the Exit Management shall be completed within 30


days from the date of issue of notice to this effect. However, Parties may
mutually increase or reduce the execution period based on real time
requirements.

Survival

The Termination / expiry of this Agreement:

a) shall not relieve either Party of any obligations hereunder which expressly
or by implication survive Termination / expiry hereof,

b) all rights and obligations of either Party under this Agreement, including
termination payments shall survive the termination to the extent such
survival is necessary for giving effect to such rights and obligations.

ARTICLE 9

DISPUTE RESOLUTION

Interpretation of the terms and conditions of the License Agreement:

In case of dispute in interpretation of the terms and conditions of the License


Agreement, the decision of the Managing Director of the Corporation is final
and binding on both the parties.

Continued Performance:

Each Party shall continue to perform its obligations under the agreement
(including any payment obligations) pending resolution of any dispute
pursuant to this Article.

Signature of Bidder
[74]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

Negotiation:

If any dispute, controversy or claim arises under or relates to the agreement


or the breach, termination or validity thereof (the “Dispute”), such Dispute
shall be referred by each Party to its designated senior officer for resolution
upon thirty (30) Days written notice from either Party (the “Dispute Notice”).
Disputes if any, shall be settled through mediation from time to time and only
when mediation fails, litigation within the jurisdiction of the courts of
respective District or Vijayawada / High Court of AP only need to be restored
to.

The Parties agree to attempt to resolve all Disputes promptly and equitably
and to provide each other with reasonable access during regular business
hours to any and all non-privileged records, information and data pertaining
to any such Dispute.

Arbitration, Governing Law and Dispute Resolution:

If a dispute is not resolved amicably within ninety (90) days of raising it, such
dispute shall be referred to the sole arbitration of the Managing Director,
APSRTC. The decision of the sole arbitrator shall be final and binding on both
the parties. The arbitration shall be conducted in accordance with the
provisions of Arbitration & Conciliation Act, 1996. The language of arbitration
shall be English and the venue of arbitration in case of dispute if any shall be
the headquarters of the sole arbitrator.

This Agreement shall be governed by the Laws of India and the seat of High
Court of Andhra Pradesh shall only have the exclusive jurisdiction to
determine any question, issue, dispute or claim between the parties to
entertain any dispute or suit arising out of or in relation to the agreement.

ARTICLE 10

MISCELLANEOUS PROVISIONS

Notices:

Wherever provision is made for giving or issuance of any notice, instruction,


consent, approval, certificate or determination by any Party, unless otherwise
specified, such communication shall be in writing in English and shall not be
unreasonably withheld or delayed.

Signature of Bidder
[75]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

Remedies:

Licensee and APSRTC acknowledge and agree that each Party shall have all
remedies available at law or in equity if the other Party is in default under the
terms of this Agreement. If an event of default has occurred and is continuing,
then following course of action may be taken:

a) APSRTC, in addition to any other remedies given at law or in equity, may


continue this Agreement in effect by not terminating Licensee’s right to
access the Licensed Site and thereby be entitled to enforce all Licensee’s
rights and remedies under this Agreement; and

b) APSRTC may bring an action to recover and regain possession of said


Licensed Site in the manner provided under the applicable laws of eviction
in the State.

Modification; Waiver; Severability; Assignment:

No waiver of any right or remedy on one occasion by either party shall be


deemed a waiver of such right or remedy on any other occasion. If any
provision of the Agreement is held invalid under any applicable law, such
holding shall not affect the validity of remaining provisions and same shall
continue in full force and effect.

Neither party may assign this agreement, in whole or in part, without the
prior written consent of the non-assigning party.

Omissions and Commissions:

Any conditions provided in Instructions to Bidders, Vol-I of RFP document and


omitted in License Agreement shall also form integral part of the License
Agreement and the Licensee shall be liable and under obligation to perform
the same.

******

Signature of Bidder
[76]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

Schedule-1

In consideration for the grant of the License, the Licensee shall make the
following payments along with Security Deposit to the Licensor:

Schedule of Payments
[Link] Payment Details Amount
in Rs.
1 1st installment of Upfront Amount
(paid on dt. )
2 2nd installment of Upfront Amount
(paid on dt. / payable on completion of
1 year, along with the license fee)

Schedule of Payments- Monthly License Fee & Security Deposit


S. License Period Monthly License No. of Security
No From To Fee Rs. Months Deposit
YoY - Rs.
1
2 12
3 12
4 12
5 12
6 12
7 12
8 12
9 12
10 12
11 12
12 12
13 12
14 12
15 12

a) The monthly License Fee as specified in Schedule of Payments shall be


payable by 10th of the month, in advance during the License period.
b) Holiday Period for payment of License Fee: The holiday period for payment of
License fee shall be 6 months from the date of commencement of License
Period or up to the date of commencement of commercial operation,
whichever is earlier.

Signature of Bidder
[77]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

The initial monthly license fee is payable by the Licensee after completion of
license fee holiday period.

c) The Licensee shall also pay the interest free, refundable Security Deposit as
specified in the Schedule of Payments.
d) The above amounts are exclusive of all taxes. The monthly License Fee,
Upfront Amount etc. are payable by the licensee to the Licensor with all taxes
including GST etc. applicable from time to time.
e) All payments to the Licensor shall be made by the Licensee through
DD/RTGS/NEFT only.
If the mode of Payment is Demand Draft:

Demand Draft drawn in favour of “ ” on any Nationalised /


Scheduled Bank (except Co-operative Banks) payable at (Place)

ORIf the mode of Payment is NEFT / RTGS / Online payment:

To the Licensor Current Account no: , IFSC Code ,


Bank (Name of Account). branch, in favour of

f) The Licensee shall pay all Taxes including GST, Registration charges, Land use
conversion Charges etc., as prescribed by the Government of AP or Government
of India or its agencies or Local Bodies from time to time.

Signature of Bidder
[78]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

Schedule-2A

Schedule of Property

All that piece or parcel of land in Survey No. of


Village / Town & Mandal,
District, admeasuring Sq.
Yards and app. [Link] and delineated in the Layout plan with
hatching:

North: ft. along .

South: ft. along .

East: ft. along .

West: ft. along .

Signature of Bidder
[79]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

Schedule-2B
Layout Plan

Site Plan

IN WITNESS WHEREOF the Licensor through their respective authorized


officials and the Licensee subscribe their respective signatures and seals hereto
on this the day of , 2022 at (place),
Dist., Andhra Pradesh.

Licensor Licensee

(Authorised Signatory
on behalf of APSRTC)

WITNESS:

1.

2.

Signature of Bidder
[80]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone-II Agreement

Annexure -1
ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION
O/o the Executive Director,
,
.
Case No.
Dt: .
To
[Successful Bidder]
[Address] //RPAD//

LETTER OF INTENT
Sir,

Sub: Letter of Intent - Letter of Intent for “Licensing of _______Sq. Yards


of uncovered Vacant site at (place), District underOS:15
years Scheme” - Reg.
Ref: 1) Tender Notice No:
2) e-Tender ID:
3) Clarifications on pre bid queries Dt._
4) Corrigendum to Tender Dt.
5) Date of submission of Quotation Dt._
6) Financial Bid opened on Dt. .
7) Negotiations Dt.
****
This has reference to the Price Bid offer dt. submitted by you to
APSRTC for licensing of Sq. Yards of uncovered vacant site of APSRTC at
(place), District (the Site) under OS:15 years Scheme of
APSRTC, in response to the Tender Notice vide ref. 1st cited & the Request for
Proposal (RFP) issued by APSRTC.

Up on consideration of your offer for an initial monthly License Fee of


Rs. (Rupees only) for the said Site, duly accepting to the
terms and conditions of the Request for Proposal (RFP), APSRTC is pleased to
inform that you are the preferred Bidder and pleased to issue this Letter of
Intent (LoI), subject to the following terms and conditions:

Signature of Bidder
[81]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

1) The License period is 15 Years only from the date of commencement of


License Period. The commencement of License Period shall be 30 days from
the date of issue of this LoI or the date of Licensing Agreement whichever is
earlier and shall be considered as effective date of Agreement.

2) The Preferred Bidder shall fulfill the following requirements within 30 days
from the date of issue of this Letter of Intent as a pre requisite for entering
into the License Agreement:

a) To arrange a payment of Rs. (Rupees: only)


plus all applicable taxes (after adjusting the Bid Security / EMD amount of
Rs. paid by the preferred bidder to APSRTC at the time of
tenders) towards non refundable, irrevocable Ist installment of Upfront
Amount, i.e., 50% of the “Upfront Amount”.

b) To arrange a payment of Rs. (Rupees: only)


towards interest free, refundable Security Deposit.

The above amounts shall be paid to the Licensor in the form of Demand Draft
(drawn in favour of “ ” on any Nationalised / Scheduled
Bank (except Co-operative Banks) payable at (Place)) or through
NEFT / RTGS / online payment to the Licensor Current Account no: ,
IFSC Code , Bank branch, in favour of
(Name of Account).

Any failure on the part of the preferred bidder in fulfillment of the


requirements mentioned above within 30 days from the date of issue of this LoI,
shall render the bid offer liable for rejection and this LoI shall stands withdrawn
with forfeiture of EMD amount to APSRTC.

3) As per terms & conditions of the Tender & RFP, the Licensee is required to
make the following payments to the Licensor from time to time:

a) To arrange a payment of Rs. /- (Rupees: only) plus


all taxes applicable from time to time towards initial monthly license fee
after completion of License Fee holiday period. This monthly license fee
remains the same without any enhancement for the first three years from
the date of commencement of license period and will be enhanced yearly by
5% from 4th to 10th year over that of the previous year and by 10% from
11th year to 15th year over that of the previous year.

b) To arrange a payment of Rs. /- (Rupees: only) plus


nd
all applicable taxes towards non refundable, irrevocable 2 installment of

Signature of Bidder
[82]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

Upfront Amount, i.e., balance 50% of the Upfront Amount, immediately on


completion of 1 year, along with the license Fee.

5% discount is allowed on 2nd installment of Upfront Amount if the same is


paid within 30 days of issue of LoI or the date of agreement whichever is
earlier.

c) The Licensee shall always keep 6 times of the monthly license fee of that
year with the Corporation towards interest free, refundable Security Deposit
throughout the License period, as defined in RFP.

4) The Preferred Bidder / Licensee shall bear & pay requisite Charges, Stamp
Duty etc., to the Government on the License Agreement.

Franking of the Agreement shall be under taken by the preferred bidder /


licensee.

5) The Govt. of Andhra Pradesh issued GO. MS No. 141 of MAUD dated
06.06.2016 on change of land use of all vacant lands of APSRTC converting
the land use into multiple use Zone. Still, if any further permissions are
required from the Govt. or its Agencies or Local Bodies on Land use, the
same shall be obtained by the Licensee at their cost.

6) All Taxes, including GST, Service Tax, VAT, Duties, Cess, Octroi, Registration
charges, Stamp duties, Land use conversion Charges etc., or any other Taxes
as prescribed by the Government of AP and / or Government of India and / or
its Agencies and / or Local Bodies from time to time, shall be payable by the
Preferred Bidder / Licensee only.

7) The Preferred Bidder shall conduct Joint inspection of the proposed Site along
with the Dy. Executive Engineer / APSRTC / within 10 days from
the date of issue of this LoI.

8) The Preferred Bidder / Licensee shall be governed by all the Statutory Laws &
Provisions enacted & prescribed by the State / Central / other Government
Agencies (Local Bodies) from time to time and obtain requisite license /
permission / approval as may be necessary or required from time to time to
carry out their business and for construction of structures & infrastructure
facilities.

In addition to the above, the Preferred Bidder / Licensee shall comply with
all the other provisions / requirements of the tender document in their entirety.

Signature of Bidder
[83]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement

This communication by itself does not give any right or contractual


relationship with APSRTC. Any such right or relationship shall come into effect
only on fulfilling the above said conditions and execution of the License
Agreement.

The receipt of this LoI be acknowledged by signing the duplicate copy as


a token of acceptance within 7 working days from the date of receipt of this LOI.
A suitable date for execution of the License Agreement which shall in no case be
later than 30 days from the date of issue of this Letter of Intent be intimated.

Yours Sincerely,

Executive Director Zone__

Copy to DPTO/ for favour of information & n/a.


Copy to EE/ & [Link](O&C)/ for infn & n/a.
Copy to [Link]/ for infn & n/a.

Signature of Bidder
[84]

Common questions

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The bid submission process for APSRTC requires bidders to submit their bids in specified formats, with all entries typed or written in blue/black ink. Over-writing of figures is not allowed, and failure to comply with these conditions may render the bid invalid . Bids must be submitted in two separate sealed envelopes—one for technical documents and another for the financial bid—both placed in an outer envelope labeled with the tender notice number, site name, submission date, and bidder’s address . Additionally, the bid shall be in English, with financial data furnished in Indian Rupees. Late submissions will not be considered .

Bidders intending to submit bids for multiple sites must follow specific procedures: each bid must be accompanied by an EMD and a tender document processing fee for each site separately . Each bid should adhere to the defined submission format, placed in sealed envelopes labeled with site-specific information, and submitted to the designated tender location. Bidders must ensure technical and financial documents are complete and meet RFP specifications, as non-compliance could render all site bids invalid .

APSRTC requires bids to be submitted at the location specified in the tender details, within a designated tender box. If bids are not submitted to the specified location, they will not be accepted. The submission includes an outer envelope indicating the tender notice number, site name, submission date, and detailed bidder address . Failure to adhere to these instructions could result in the bid being considered invalid or non-responsive .

APSRTC imposes a penal interest of 24% per annum on any delayed payments, including the license fee, upfront amounts, security deposits, or any other amounts payable to the Corporation. This penal interest is applicable even during the cure period, and further penalties may be imposed for breach of terms. Such penalties are clearly defined in the agreement's relevant sections and must be borne by the licensee .

If the highest bid (H1) is not acceptable or selected, the APSRTC reserves the right to invite the second highest bidder (H2) to offer a revised bid higher than or matching the negotiated highest offer of H1. If the H2 bidder does not revise their bid, the process may involve further negotiation with the next highest bidders, provided their EMD is still held by the Corporation. The process ceases if the negotiable bidder's EMD is refunded .

Bidders must submit financial documents in a sealed envelope labeled 'PRICE BID - Document' along with the site name and bidder's address. The Price Bid must meet or exceed the base reserve price specified in the RFP, and it must be accompanied by the necessary technical documents. Additionally, the bid offer must include the initial monthly license fee, which is subject to GST and other applicable taxes. Price bids failing to meet these conditions or lacking required technical documents will not be opened .

The monthly license fee remains unchanged for the first three years of the license period. From the fourth year to the tenth year, the fee increases by 5% annually over the previous year’s fee. From the eleventh year to the fifteenth year, the increase is 10% per annum. These adjustments are exclusive of all taxes, and failure to comply with timely payments incurs a penal interest charge .

APSRTC reserves the discretion to annul the bidding process if none of the bids satisfy the requisite conditions or match the highest bidder's proposal. In such cases, APSRTC may either decide to invite fresh tenders or accept a single reasonable bid, providing flexibility in managing unsatisfactory outcomes from a bidding process .

The licensee is responsible for obtaining any necessary permits or paying any additional fees required for changing the land use of APSRTC's vacant lands, which have been designated as multiple-use zones. These obligations involve obtaining the necessary approvals for construction and ensuring compliance with state guidelines, with all associated costs borne by the licensee .

If the licensed site is not returned in its original condition, the cost to restore the site to its original state will be recoverable from the Security Deposit. Upon termination of the contract, if any dues or penalties still exist, they will be adjusted against the Security Deposit. Moreover, in case of a breach of contract terms, the remaining Security Deposit may be appropriated by the Licensor to cover any outstanding claims or penalties .

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