(rfq) document for development of four laning of rewa ring road on ...

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RFQ <strong>document</strong> <strong>for</strong> <strong>development</strong> <strong>of</strong> Four Laning <strong>of</strong> Rewa Ring Road on BOT (Toll + Annuity)basisAssociate, as the case may be, nor has been expelled from anyproject or contract by any public entity nor have had any contractterminated any public entity <strong>for</strong> breach by such Applicant,Consortium Member or Associate.In computing the Technical Capacity and Net Worth <strong>of</strong> theApplicant/ Consortium Members under Clauses 2.2.2, 2.2.4 and3.2, the Technical Capacity and Net Worth <strong>of</strong> their respectiveAssociates would also be eligible hereunder.For purposes <strong>of</strong> this RFQ, Associate means, in relation tothe Applicant/ Consortium Member, a person who controls, iscontrolled by, or is under the common control with suchApplicant/ Consortium Member (the “Associate”). As used in thisdefinition, the expression “control” means, with respect to aperson which is a company or corporation, the ownership, directlyor indirectly, <strong>of</strong> more than 50% (fifty per cent) <strong>of</strong> the voting shares<strong>of</strong> such person, and with respect to a person which is not acompany or corporation, the power to direct themanagement and policies <strong>of</strong> such person by operation <strong>of</strong> law.It is clarified that a certificate from a qualified external auditorwho audits the book <strong>of</strong> accounts <strong>of</strong> the Applicant or theConsortium Member shall be provided to demonstrate that a personis an Associate <strong>of</strong> the Applicant or the Consortium as the casemay be2.2.10 The following conditions shall be adhered to while submittingApplication:(a)(b)Applicants s h o u l d a t t a c h clearl y m a r k e d andreferenced continuation sheets in the event that the spaceprovided in the prescribed <strong>for</strong>ms in the Annexes isinsufficient. Alternatively, Applicants may <strong>for</strong>mat theprescribed <strong>for</strong>ms making due provision <strong>for</strong> incorporation <strong>of</strong>the requested in<strong>for</strong>mation;in<strong>for</strong>mation supplied by an Applicant (or other constituentMember if the Applicant is a Consortium) must apply tothe Applicant, Member or Associate named in theApplication and not, unless specifically requested, to otherassociated companies or firms. Invitation to submit Bids________________________________________________________________________________________________________________________________NIT No. MPRDC/BOT (T+A)/PQ/2012/ 7783 Bhopal, dated 27.09.2012 - 18 -
RFQ <strong>document</strong> <strong>for</strong> <strong>development</strong> <strong>of</strong> Four Laning <strong>of</strong> Rewa Ring Road on BOT (Toll + Annuity)basiswill be issued only to Applicants whose identity and/ orconstitution is identical to that at pre-qualification;(c) in responding to the pre-qualification submissions,Applicants should demonstrate their capabilities inaccordance with Clause 3.1 below; and(d)in case the Applicant is a Consortium, each Membershould substantially satisfy the pre-qualificationrequirements to the extent specified herein.2.2.11 While Qualification is open to persons from any country, thefollowing provisions shall apply:(a) Where, on the date <strong>of</strong> the Application, not less than 15%(fifteen percent) <strong>of</strong> the aggregate issued, subscribed andpaid up equity share capital in an Applicant or its Memberis held by persons resident outside India or where anApplicant or its Member is controlled by persons residentoutside India; or(b)if at any subsequent stage after the date <strong>of</strong> theApplication, there is an acquisition <strong>of</strong> not less than 15%(fifteen percent) <strong>of</strong> the aggregate issued, subscribed andpaid up equity share capital or control, by persons residentoutside India, in or <strong>of</strong> the Applicant or its Member;then the Qualification <strong>of</strong> such Applicant or in the event described insub clause (b) above, the continued Qualification <strong>of</strong> the Applicantshall be subject to approval <strong>of</strong> the Authority from national securityand public interest perspective. The decision <strong>of</strong> the Authority inthis behalf shall be final and conclusive and binding on theApplicant.The holding or acquisition <strong>of</strong> equity or control, as above, shallinclude direct or indirect holding/ acquisition, including bytransfer, <strong>of</strong> the direct or indirect legal or beneficial ownership orcontrol, by persons acting <strong>for</strong> themselves or in concert and indetermining such holding or acquisition, the Authority shall beguided by the principles, precedents and definitions containedin the Securities and Exchange Board <strong>of</strong> India (SubstantialAcquisition <strong>of</strong> Shares and Takeovers) Regulations, 1997, or________________________________________________________________________________________________________________________________NIT No. MPRDC/BOT (T+A)/PQ/2012/ 7783 Bhopal, dated 27.09.2012 - 19 -
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