Section 42 in Tamil Nadu Transparency in Tenders (Public Private Partnership Procurement) Rules, 2012
42. Request for Proposal (RFP).
(1)The Tender Inviting Authority shall prepare the Request for Proposal (RFP) and the Draft Concession Agreement and issue it to all the qualified applicants.(2)The Request for Proposal (RFP) shall solicit the binding Final Offer from tenderers in a separate sealed cover.(3)The Request for Proposal (RFP) shall contain the following.-(a)Feasibility Report or Project Information Memorandum or both which will provide such information to tenderers as is required to evaluate the Project and estimate their Final Offer including:(i)Project objectives and rationale;(ii)Site details;(iii)Role of the public agency and stakeholders;(iv)Project scope in accordance with rule 43; and(v)Output specifications;(b)Instruction to Tenderers which would define the process of tender submission and evaluation. This section shall include all procedures, terms and conditions which should be followed by the Tenderers for submission of their tenders and which would be followed by the Procuring Entity in accepting and evaluating the Tenders;(c)The draft Concession Agreement which shall govern the contractual relations between the Concessionaire and the Procuring Entity detailing the rights and obligations of both the parties, definition of the subject matter of the agreement, payment terms, performance obligations, defaults and their consequences, events of termination and other ancillary clauses as provided in Schedule-I of this rule.(4)In case of any discrepancy between the Project Information Memorandum or the Feasibility Study Report and the Draft Concession Agreement, the Draft Concession Agreement shall prevail.
