APSRTC 2025 Land Licensing RFP
APSRTC 2025 Land Licensing RFP
For
Dt.29-03-2024.
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
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.
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:
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
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.
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
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
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
General instructions:
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.
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
(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 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
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.
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.
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.
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 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 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.
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.
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.
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:
The monthly License Fee is payable by the licensee with all taxes applicable from
time to time.
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.
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.
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.
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.
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.
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
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.
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
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
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:
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.
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
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.
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.
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.
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 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
(c) It is not signed and/or sealed in the manner specified in this RFP.
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.
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.
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.
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
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.
The Price Bids of the Bidders who qualify after the evaluation of
Technical Details only would be opened.
Process to be Confidential
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
(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.
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
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
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 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’.
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
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.
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.
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.
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.
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:
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.
The preferred bidder shall bear & pay requisite Charges, Stamp Duty etc., to the
Government on the License Agreement.
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
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.
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,
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 Bidder
[31]
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Appendix-3
Signature of Bidder
[32]
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
[36]
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
[37]
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Signature of Bidder
[38]
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
[39]
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
[40]
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Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
[41]
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Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
[42]
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
[43]
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
[44]
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
[45]
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
[46]
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Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
[47]
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Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
[48]
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
[49]
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
[50]
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Signature of Bidder
[51]
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
VOLUME - II
Signature of Bidder
[52]
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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.
By and Between
And
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
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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.
(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).
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
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
Leased Site:
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]
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Draft License
OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Sub lease:
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.
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.
e) All articles of value or antiquity found on the Leased Site shall be the
property of the Licensor.
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]
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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.
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.
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]
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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.
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.
Signature of Bidder
[59]
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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 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.
Signature of Bidder
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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.
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.
a) Penalties:
Signature of Bidder
[61]
Licensing of (28) Nos. of uncovered vacant lands of APSRTC. Volume II
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Commercial facilities:
Structure:
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
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]
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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.
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.
ARTICLE 3
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
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ARTICLE 4
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.
ARTICLE 5
Signature of Bidder
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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.
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.
(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.
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
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
APSRTC shall allot the land to the Licensee for a period of 15 years, subject
to:
b) the Licensee adhering to the terms & conditions of the agreement without
committing any event of default.
DPTO concerned of APSRTC shall be the Nodal Officer for coordination with
the Licensee to achieve the objectives of this Agreement.
ARTICLE 6
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
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Limitation of Liability:
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:
b) Major default:
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.
Signature of Bidder
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Penalty:
vi) Licensee subleasing the Leased Site to any person / firm etc. in full or part
in any manner, form or arrangement.
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.
Signature of Bidder
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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.
ARTICLE 7
FORCEMAJEURE
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
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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:
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
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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.
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.
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.
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:
Signature of Bidder
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
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.
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.
Signature of Bidder
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Termination Procedure:
Each Party shall continue to perform its obligations under the agreement
(including any payment obligations) till the Agreement stands terminated.
Exit Management:
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.
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.
Signature of Bidder
[73]
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Survival
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
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
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Negotiation:
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.
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:
Signature of Bidder
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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:
Neither party may assign this agreement, in whole or in part, without the
prior written consent of the non-assigning party.
******
Signature of Bidder
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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)
Signature of Bidder
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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:
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
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Schedule-2A
Schedule of Property
Signature of Bidder
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OS:15 years scheme, Request for Proposal, ED Zone -II Agreement
Schedule-2B
Layout Plan
Site Plan
Licensor Licensee
(Authorised Signatory
on behalf of APSRTC)
WITNESS:
1.
2.
Signature of Bidder
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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,
Signature of Bidder
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OS:15 years scheme, Request for Proposal, ED Zone -II 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:
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).
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:
Signature of Bidder
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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.
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
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Yours Sincerely,
Signature of Bidder
[84]
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 .