REQUEST FOR QUALIFICATION
(Reference: BACL/EOI/2021-22/01)
for
“Proposals to Finance, Design & Build and Own a Combo Hotel”
for
Bengaluru Airport City Limited
Bengaluru Airport City Limited (“BACL”)
Kempegowda International Airport, Bengaluru
Devanahalli, Bengaluru - 560 300
31st May 2021
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1. INTRODUCTION:
1.1. Bangalore International Airport Limited (“BIAL”) the operator of the Kempegowda
International Airport, Bengaluru, (“Airport”) a company within the meaning of the
Companies Act 2013, and having its registered office at Administration Block, Kempegowda
International Airport at Devanahalli, Bengaluru, - 560 300. BIAL is committed to
establishing this Airport as one of India’s leading airports, in terms of quality and efficiency
and thereby set a benchmark for the future commercial development of Indian airports.
1.2. Bengaluru Airport City is being developed by Bengaluru Airport City Limited (“BACL”) a
wholly owned subsidiary of BIAL, Bengaluru Airport City has been master planned to
complement the airport and will serve as “An International Gateway to a Sustainable,
Smart, Vibrant City celebrating a Culture of Innovation”. The Bengaluru Airport City
has been designed aesthetically to accommodate the asset classes such as -
• Business Parks
• Health District
• Retail Dining Entertainment Village
• Concert Arena
• Knowledge Parks
• Convention and Exhibition Centre
• Theme Park
• Hospitality
2. BACKGROUND AND SCOPE:
As part of development of Bengaluru Airport City, BACL has identified a site and project
for development of a Combo Hotel of 775 rooms. South Asia’s largest hospitality company
has been selected as The Operator to operate the Combo Hotel. The Combo Hotel will
comprise of a Business Hotel (with 450 rooms and suites) and a Midscale Hotel (with 325
rooms and suites). Additionally, F&B and function spaces, as well as other services are also
proposed with several of these being common to both Business Hotel and Midscale Hotel
and giving wider usage options for the guests. The Combo Hotel will be complemented by
a multipurpose concert arena adjacent to it. This experiential, entertainment arena is
proposed to be developed by ‘Phase 1 Events & Entertainment Private Limited’ and
‘Embassy Property Developments Private Limited (The Embassy Group)’. Another
component in the same line, that will make this place a unique destination, is the Retail
Dinning & Entertainment (RDE) Village, an open plan mall, which is built on the vision of
creating a destination with a deep connection to the community, culture and climate.
BACL is now seeking for potential and eligible Investors or Developers who are interested
in developing, financing and owning the Combo Hotel under the lease terms provided
under the RFP and the sub-lease agreement or any other appropriate/suitable agreement.
The ownership of the Combo Hotel shall be for the Sub-Lease Term (i.e., maximum up to
23rd May 2068) subject to the Investor or Developer (sub-Lessee) complying with terms of
the Sub-Lease Agreement and any/all other ancillary agreements.
The Project
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The Project is to Finance, Design, Build & Own a Combo Hotel comprising 450 guests rooms
and suites in a Business Hotel, and 325 rooms and suites in a Midscale Hotel together with
commercial space, The Combo hotels shall also have F&B, meeting and function spaces and
other services.
Sub-Lease and other ancillary arrangement
For this Project:
1. BACL proposes to Sub-Lease the identified portion of the Land measuring 5.2 acres,
for a period upto 23rd May 2068 (“Sub-Lease Term”), to the Investor or Developer who
is capable to Finance, Design, Build, & Own the Combo Hotel which shall be operated
and managed in terms of hotel management arrangement BACL has with the
Operator.
2. Selected bidder should be willing to agree and enter into any other ancillary
arrangement with BACL for the implementation of the project.
BACL invites EOI from potential and eligible Investors or Developers who are interested to
participate in the Bidding Process and subsequently enter into arrangements/ agreements
with BACL (or any of its assigns) to Finance, design, build, and own the Combo
Hotel/Project for the Sub-Lease Term as per the terms and conditions laid out in the RFP
and the agreement enclosed thereto and pay the consideration/fee to BACL as per terms
and value detailed therein.
The Project to be executed by the successful bidders are expected to meet the intended
requirements of BACL, which shall be detailed in the RFP documents. The Investor or
Developer submitting EOI must mandatorily pay earnest money deposit for an amount of
Rs.5,00,000/- (Rupees five lakh only) along with the submission of Request for Proposal.
The Earnest Money Deposit shall be valid for the time period specified in the RFP.
BACL has adopted a two-stage process ("Bidding Process") for award of the project as
detailed herein. The first stage that is "Qualification Stage" of the Bidding Process involves
qualification (the “Prequalification”) of interested parties who submits an Expression of
Interest (“EOI”) in accordance with the provisions of this Request for Qualification
(“Investor or Developer”). At the end of this stage, BACL shall shortlist all pre-qualified
Investor or Developer (“Bidders”) who will be eligible for participation in the second stage
(“Bid Stage”) of the Bidding Process, provided such Bidders executes a Non-Disclosure
Agreement with BACL for maintaining the confidentiality of the Bidding Process and any or
all information shared by the BACL to such Bidder or its representative or agent or
authorized personnel.
3. PARTICIPATION
3.1. Investor or Developer shall have adequate financial capacity to undertake Project and
finance, design, build and own the Combo Hotel.
3.2. The EOI for prequalification is to be submitted in accordance with the instructions as
mentioned in the Request for Qualification.
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3.3. The Investor or Developer must fulfill the eligibility criteria.
3.4. For the purpose of this Request for Qualification, Consortiums are permitted to submit EOI
subject to the following criteria:
3.4.1. The EOI shall contain complete information of each member of the Consortium.
3.4.2. The EOI shall be enclosed with Proof of constitution of Consortium.
3.4.3. An individual Investor or Developer cannot at the same time be member of a
Consortium submitting the EOI. Further, a member of a particular consortium
applying cannot be member of any other consortium applying for EOI.
3.4.4. The Consortium shall submit a binding Memorandum of Understanding (the
“MoU”) for the purpose of submitting the EOI and for participating in the Bidding
Process. MoU shall, inter alia, include the salient provisions as detailed in Annexure
1. The MOU shall be converted into a registered JV agreement by the lead member
before entering into a final or definitive agreement with BACL.
3.5. An Investor or developer shall not have a conflict of interest (the “Conflict of Interest”)
that affects the Bidding Process. Any Investor or Developer found to have a Conflict of
Interest shall not be considered for prequalification, as opined by BACL at its discretion.
An Investor or Developer shall be deemed to have a Conflict of Interest, affecting the
Bidding Process if the Investor or Developer, its member or associate (or any constituent
thereof) and any other Investor or Developer, its member or any associate thereof (or any
constituent thereof) have common Controlling Shareholders (i.e., any shareholder thereof
having a shareholding of more than 25% (twenty five per cent) of the paid up and subscribed
share capital, or similar, of such Investor or Developer, member or associate, as the case
may be). Any Investor or Developer found to have a Conflict of Interest in the Bidding
Process shall be disqualified.
4. ELIGIBILITY CRITERIA
The Investor or Developer shall be eligible to proceed to the second stage (Bid Stage), if they
fulfill all the following requirements:
4.1. General Criteria:
The Investor or Developer may be a single entity (which may be a private entity, Alternative
Investment Fund, Foreign Investment Fund, government-owned entity, etc.) or a group or
combination of such entities coming together to implement the Project/ Combo Hotel with
a formal intent to enter into an agreement or under an existing agreement to form a
consortium.
Notwithstanding anything contrary, where the Investor or Developer or the consortium
members are foreign entity/ies, they shall constitute an appropriate special purpose vehicle,
incorporated as a company under the Indian Companies Act, 2013 (the "SPV") within a period
of 30 days from the date of Award of Contract, to execute the Agreements and implement
the Project/Combo Hotel.
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4.2. Financial Criteria:
(a) Turnover:
The cumulative gross turnover of the bidder (consortium or/and individual) must be at
least INR 300 crores during the financial years ending on 31st March 2018, 31st March 2019
and 31st March 2020.
The Investor or Developer shall furnish turnover figures for the previous 5 (five) Financial
Years preceding the date of submission of EOI in Form II.
(b) Net worth:
The cumulative net worth of the Investor or Developer (consortium and/or individual) must
be at least INR 500 crores as on 31st March 2021.
Net Worth shall mean the sum of subscribed and paid-up equity and reserves from which
shall be deducted the sum of revaluation reserves, miscellaneous expenditure not written
off and reserves not available for distribution to equity shareholders.
The Investor or Developer shall provide its Net Worth figures for the previous 5 (five)
Financial Years preceding the date of submission of EOI in Form II.
(c) Financial capabilities:
Minimum accessible/available financial resources, either (1) liquid resources (cash and
bank balance) or (2) combination of liquid resources (cash and bank balance) and balance
undrawn overdraft to be sufficient to meet INR 15 crore (Rupees fifteen crore), as on 31st
March 2021, supported by Chartered Accountant’s certificate/letter of Project from
bankers on undrawn limits as applicable as on 7 (seven) days before the date of submission
of EOI.
The Investor or Developer shall provide its liquid resources figures for the previous 5 (five)
Financial Years preceding the date of submission of EOI in Form II. The Investor or
Developer shall obtain a certificate of good standing from its bankers. The Investor or
Developer or its subsidiary, or any consortium member or its subsidiary, has not been
declared Non-Performing Asset by any Bank.
4.3. Other Criteria
4.3.1. The Investor or Developer should be competent to enter into a contract and
execute the Agreements ‘as is’.
4.3.2. The Investor or Developer should not be a Competitor to the Operator.
4.3.3. Eligibility of bidders will be determined on the basis of the information provided
in the EOI and supporting documents furnished.
5. Short-listing of Investor or Developer
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5.1. The Investor or Developer meeting the Criteria set out in this Request for Qualification
shall be short-listed as qualified for the Bid Stage.
5.2. In order to assess the residual execution capacity of the Investor or Developer, the Investor
or Developer shall submit its current order book and expected completion date of the
projects along with the Form I.
6. OTHER CONDITIONS
6.1. The Investor or Developer shall submit their EOI by duly providing full details of their
entity/company’s structure, organization chart, showing key personnel, financial resources, and
details of relevant experience. Investor or Developer shall submit the filled in Forms attached hereto.
6.2. In order to be considered for prequalification, the Investor or Developer shall ensure that all the
information and documents required by BACL under this Request for Qualification are furnished/
submitted to BACL on or before the last date of submission.
6.3. The Investor or Developer failing to submit the requested information, the relevant documents
& incomplete EOI shall not be considered.
6.4. The EOI shall be duly signed by the authorized signatory of the Investor or Developer and in case of
Consortium by the authorized signatory of the lead member.
6.5. Notwithstanding anything contrary, BACL reserves the right to accept or reject any or
all EOI without assigning any reasons and is not obliged to correspond with the Investor
or Developer in this regard.
6.6. BACL reserves the right to change and/or cancel the pre-qualification and Bidding
Process or this Request for Qualification and/or review/revise the pre-qualification
criteria at any time without prior notice or without assigning any reasons whatsoever,
and this shall be without prejudice to its right to re-tender or re-issue the Request for
Qualification at any time in the future and in such case, no Investor or
Developer/intending Investor or Developer shall have any claim arising out of such
action.
6.7. BACL reserves the right to amend this document by issuing an addendum, at any stage,
without any liability or obligation and without assigning any reason. This Request for
Qualification does not give rise to any rights in rem and is not an offer or an invitation to
offer.
6.8. Submission of the EOI by Investor or Developer, pursuant to this Request for Qualification,
shall be considered to be an acceptance of all the terms and conditions herein by the
Investor or Developer and no claims or disputes raised by the Investor or Developer at any
time or stage shall be entertained by BACL.
6.9. All documents and other information supplied by BACL or submitted by an Investor or
Developer to BACL shall remain or become the property of BACL. BACL shall not be liable
or obligated to return any application or any information provided along therewith.
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6.10. The Investor or Developer shall bear all costs associated with the preparation and
submission of its EOI. BACL shall in no case be responsible or liable for any costs or
expenses, regardless of the conduct or outcome of the Bidding Process.
6.11. the laws of India shall be applicable to the Bidding Process. The courts at Bengaluru
shall have exclusive jurisdiction in relation to any disputes.
6.12. Indian Companies relying on the financial capacity of its parent company shall obtain an
irrevocable parent company guarantee for 100% of the value involved in the Project/Combo
Hotel in case the Indian Company is selected.
6.13. The Investor or Developer shall comply with laws and regulations of India.
6.14. Litigation History:
The Investor or Developer shall provide information on any history of litigation or
arbitration as per Form III:
(a) Litigations or arbitrations in respect of any contracts executed or in progress or
any claims made on any bank guarantees or corporate guarantee provided by the
Investor or Developer, in the past 5 (five) years preceding the last date of
submission of EOI.
(b) Litigations or arbitrations against any government entity.
(c) Litigations or arbitrations against BACL or any of its subsidiaries and/or associate
and/or affiliate and/or parent companies.
(d) Pending investigations or proceedings in respect of any money-laundering,
corruption or anti-bribery laws.
(e) Any litigation or arbitration affecting the Project/Combo Hotel or the Operator of
the Combo Hotel or BACL. Declaration on status of compliances
7. CLARIFICATIONS
7.1. The Investor or Developer requiring any clarification on this Request for Qualification may
notify BACL in writing by e-mail as specified in the address for communication. The Investor
or Developer should send in their queries Seven (7) days before the last date of submission.
BACL shall endeavor to respond to such queries no later than 3 (three) working days prior
to the last date of submission. BACL reserves the right not to respond to any question or
provide any clarification, in its sole discretion, and nothing in this Request for Qualification
shall be taken or read as compelling or requiring BACL to respond to any question or to
provide any clarification.
7.2. BACL may also on its own motion or discretion, if deemed necessary, issue interpretations
and clarifications and may extend the last date of submission of EOI through a notification
on its website / e-portal. All clarifications and/or interpretations issued by BACL shall be
deemed to be a part of this Request for Qualification. Any verbal clarifications and
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information given by BACL or its employees or representatives shall not in any way or
manner be binding on BACL.
7.3. BACL may, at its sole discretion, seek clarifications from any Investor or Developer
regarding its EOI for the purpose of evaluation. Such clarification(s) shall be provided
within the time specified by BACL for this purpose. Any such request for clarification(s)
and all clarification(s) in response thereto shall be in writing. If an Investor or Developer
does not provide clarifications sought as specified herein, within the prescribed time, its
EOI shall be liable to be rejected at the sole discretion of BACL. In case the EOI is not
rejected, BACL may proceed to evaluate the EOI by construing the particulars requiring
clarification to the best of its understanding, and the Investor or Developer shall be barred
from subsequently questioning such interpretation by BACL or filing from any claims or
making objections whatsoever.
7.4. BACL reserves the right to call for any additional documents/information in a form and
manner to be specified. Such documents/information shall be provided within the time
specified by BACL for this purpose.
7.5. The EOI shall be complete in all respect and shall contain all information sought in this
Request for Qualification. BACL shall neither be obliged to seek clarifications nor be liable
in any way, if any information is not provided by the Investor or Developer.
7.6. Answers to queries/clarifications sought by one Investor or Developer shall be sent to all
Investor or Developer.
8. EXPRESSION OF INTEREST: SUBMISSIONS AND COMMUNICATION
8.1. The EOI shall be submitted with all the particulars mentioned herein, supported by
documentary evidence and shall include the following:
(a) A covering letter on the letter head of the Investor or Developer stating its:
(i) intent and undertaking to participate in the Bidding Process.
(ii) acceptance of the terms and conditions of the Bidding Process and this
Request for Qualification; and
(iii) eligibility against each of the Eligibility Criteria.
(b) General Information as per attached Form I.
(c) The power of attorney/board resolution of the authorized signatory signing the EOI
(refer to notes in Form I).
(d) Annual reports and other financial reports for the last 5 (five) years preceding the
last date of submission of EOI.
(e) Organization structure, details of technically skilled manpower to be deployed
for the execution of the Project/Combo Hotel stipulated herein.
(f) Copy of PAN Card, registration under goods and services tax, and any and all other
statutory documents/registration and certificate.
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(g) Completed Forms II to VII (given below), as applicable.
8.2. BACL reserves the right to disqualify any Investor or Developer(s) based on the information
provided to BACL by the Investor or Developer(s).
8.3. The last date of submission of EOI shall be on or before IST 20:00 hours on 15th Jun 2021.
The Investor or Developer shall make their submission online Tender e- portal
(https://bialtenders.in ) – event id: 1589
8.4. Relevant e-Tendering instructions to Investor or Developer is provided with this Request
for Qualification.
8.5. BACL shall not be responsible if the EOI submitted through Tender e- portal and if the
document is inaccessible, such submissions shall be liable to be rejected.
8.6. After the EOI opening, BACL may request physical submission of certain original from the
Investor or Developer, such essential original documents as uploaded on the BIAL Tender
e- portal. The submission shall be made by the Investor or Developer within 3 (three)
working days of such request to the address mentioned below.
8.7. The EOI and subsequent communications shall be submitted in English only. In the event
any supporting documents are in a language other than English, a translation of the same
certified by an official/registered translator shall be provided. In the event of any conflict,
the English translation shall supersede.
Contact Details:
Bengaluru Airport City Limited
Head - Procurement & Contracts
Bangalore International Airport Ltd.
Alpha 2, Kempegowda International Airport,
Devanahalli, Bengaluru - 560 300
Phone No: 9538882203
www.bengaluruairport.com
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“EXPRESSION OF INTEREST”
Form I: General Information
S. No. Information/Documents Required Investor or Developer's
Information
1. Investor or Developer’s registered name, year of
constitution and registered office address
2. Certified true copy of Investor or Developer’s
constitutional documents such as, Certificate of
Incorporation/Articles of Association and Memorandum of
Association/partnership deed etc. as applicable
3. Details of Investor or Developer’s authorized
representative (name, address, telephone numbers, fax
numbers, e-mail address)
4. Board resolution in favour of authorized representative
authorizing him/her to sign and submit the EOI. If the
authorized representative has a power of attorney in
him/her favour that must be supported by a board
resolution.
5. For Consortium / JV, JV Agreement / MOU.
6. For Consortium / JV, Board resolution in favour of
authorized representative authorizing him/her to sign the
JV Agreement/ MOU.
Note:
• Please provide a certified true copy of the constitutional documents of the Investor or
Developer.
• Please provide board resolution & power of attorney in favor of the authorized
representative authorizing him/her to submit the EOI.
• BACL reserves the right to ask any additional information/documents.
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Form II:
Financial Information of the Investor or Developer
Financial
Information in Historical Information for previous 5 (five) Financial Years
INR
Year FY 2015-16 FY 2016-17 FY 2017-18 FY 2018 -19 FY 2019 -20
Information from Balance sheet
Net Worth
Financial
capabilities
(Cash in hand)
Information from Income Statement
Total Revenue
Average
Annual
Turnover
Profit Before
Taxes
Note:
• Please attach audited financial accounts of the Investor or Developer (and affiliates, if
applicable) for the last 5 (five) Financial Years preceding the Last date of submission on
EOI.
• Net Worth shall mean the sum of subscribed and paid-up equity and reserves from which
shall be deducted the sum of revaluation reserves, miscellaneous expenditure not
written off and reserves not available for distribution to equity shareholders.
• Contents of this Form II shall be certified by the statutory auditor of the Investor or
Developer/practicing Chartered Accountant.
• The conversion rate of all currencies shall be the daily representative exchange rates
published by the International Monetary Fund for the relevant date (proof of such
exchange rate shall be provided by the Investor or Developer).
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Form III: Litigation History of the Investor or Developer
1. Litigations or arbitrations in respect of any contracts executed or in progress or in the
past 5 (five) years preceding the last date of submission or any claims made on any bank
guarantees or corporate guarantee provided by the Investor or Developer:
Name of Main claims and Court/arbitratio If any, the amount awarded to
counterpar counterclaims n tribunal and the Investor or
ty and amounts rules (where Developer/counterparty OR
thereof relevant) whether the dispute was
settled.
2. Litigations or arbitrations against any government entity:
Name of Main claims and Court/arbitratio If any, the amount awarded to
counterpar counterclaims n tribunal and the Investor or
ty and amounts rules (where Developer/counterparty OR
thereof relevant) whether the dispute was
settled.
3. Litigations or arbitrations against BACL or any of its subsidiaries and/or associate and/or
affiliate and/or parent companies:
Name of Main claims and Court/arbitratio If any, the amount awarded to
counterpar counterclaims n tribunal and the Investor or
ty and amounts rules (where Developer/counterparty OR
thereof relevant) whether the dispute was
settled.
4. Pending investigations or proceedings in respect of any money-laundering, corruption or
anti- bribery laws:
Name of Main claims and Court/arbitration If any, the amount awarded
counterparty counterclaims tribunal and rules to the Investor or
and amounts (where relevant) Developer/counterparty OR
thereof whether the dispute was
settled.
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5. Any litigation or arbitration affecting the Project/Combo Hotel or the Operator of the
Combo Hotel or BACL.
Name of Main claims and Court/arbitration If any, the amount awarded to
counterparty counterclaims tribunal and rules the Investor or
and amounts (where relevant) Developer/counterparty OR
thereof whether the dispute was
settled.
Note:
• Investor or Developer to provide confirmation that there are no pending investigations or
proceedings in respect of any money-laundering, corruption or anti-bribery laws.
• Investor or Developer to provide confirmation that, in the past 5 (five) years preceding the
last date of submission of EOI, there have been no investigations or proceedings in respect
of any money-laundering, corruption or anti-bribery law.
• Investor or Developer to provide confirmation that it has not been blacklisted by any entity
in India or abroad.
• BACL reserves the right to disqualify any Investor or Developer(s) based on the information
provided to BACL by the Investor or Developer(s).
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Annexure 1
Salient Provisions of the MOU
The MoU shall, inter alia, include the salient provisions such as
1. The members of the Consortium convey the intent to form a Consortium with ownership
equity commitment(s) in accordance with this Request for Qualification, which would enter
into a contract with BACL and subsequently perform all the obligations of in terms of such
contract, in case the contract to undertake the Project is awarded to the Consortium.
2. The members of the Consortium shall specify their individual participation interest in the
Consortium, which shall collectively be 100%, and shall be maintained until commencement
of operations of the Combo Hotel.
3. The MoU entered into among the members of the consortium shall be specific to the
implementation of the Project/Combo Hotel.
4. The MoU shall clearly state that the members of the consortium shall be liable jointly and
severally for the execution and implementation of the Project/Combo Hotel.
5. The MoU shall convey the intent, rights and obligations of the Consortium members to enter
into a joint venture agreement between themselves.
6. The MoU shall include a description of the roles and responsibilities of individual members
of the Consortium and the decision-making mechanisms within the Consortium.
7. The MoU shall specify the authorized signatories of each member and the authorized
signatory on behalf of the Consortium and lead member.
8. The MoU shall be duly signed by the authorized signatory of the Investor or Developer / lead
member in case Consortium and shall be legally binding on all the members of the
Consortium.
9. The EOI shall clearly outline the legal structure of the members of the Consortium.
10. The ownership structure of the joint venture as well as the decision-making mechanisms
within the consortium shall be provided.
11. All the members of the Consortium shall be jointly and severally liable for due performance.
12. Change in constitution or percentage participation in the Consortium shall not be permitted
at any stage after their submission of EOI.
13. The MoU/joint venture agreement executed between the members of the Consortium should
evidence the commitment of the members of the Consortium to joint and several liabilities
for due performance.
14. A Lead Member shall be appointed by the Consortium and such Lead Member shall be the
primary interface with BACL.
15. Lead Member shall sign the contract with BACL, undertake billing and raise invoices on behalf
of the Consortium.
16. The MOU convey the intent to form a special purpose vehicle, which would enter into the
Agreements and subsequently perform all the obligations on behalf of member of consortium
in case the Project is awarded to the Consortium.
17. The terms of the MOU shall not be amended without the prior written consent of the BACL.
18. The terms of the MOU shall confirm that no entity in the consortium is a member of any
other consortium submitting the EOI or participating in Bidding Process.
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