13-08-2021 ksmcl hassan it park final rfp v 1.1-lcs

Karnataka State Minerals Corporation Limited

e - Tender for selection of Comprehensive Project

Development Consultant for Development of Integrated Technology Park at Hassan

RFP Document

Karnataka State Minerals Corporation Limited (A Government of Karnataka Undertaking)

TTMC, ‘A’ Block, 5thFloor, BMTC Building, K H Road, Shantinagar Bengaluru – 560 027

Tel.: 080 22278813 / 14 / 15 / 16, Fax : 080-22213172 e-mail: [email protected] Website: https://ksmc.karnataka.gov.in

RfP for Selection of Comprehensive Project Development Consultant (CPDC) for the Development of IT Park at Hassan, Karnataka

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DISCLAIMER

The information contained in this Request for Proposals document (“RFP”) or subsequently provided to Applicants, whether verbally or in documentary or any other form by or on behalf of the Authority or any of its employees or advisers, is provided to Applicants on the terms and conditions set out in this RFP and such other terms and conditions subject to which such information is provided.

This RFP is not an agreement or an offer by the Authority to the prospective Applicants or any other person. The purpose of this RFP is to provide interested parties with information that may be useful to them in the formulation of their Proposals pursuant to this RFP. This RFP includes statements, which reflect various assumptions and assessments arrived at by the Authority in relation to the Consultancy. Such assumptions, assessments and statements do not purport to contain all the information that each Applicant may require. This RFP may not be appropriate for all persons, and it is not possible for the Authority, its employees or advisers to consider the objectives, expertise and particular needs of each party who reads or uses this RFP. The assumptions, assessments, statements and information contained in this RFP, may not be complete, accurate, adequate or correct. Each Applicant should, therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments and information contained in this RFP and obtain independent advice from appropriate sources.

Information provided in this RFP to the Applicants may be on a wide range of matters, some of which may depend upon interpretation of law. The information given is not intended to be an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. The Authority accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on the law expressed herein.

The Authority, its employees and advisers make no representation or warranty and shall have no liability to any person including any Applicant under any law, statute, rules or regulations or tort, 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 RFP or otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the RFP and any assessment, assumption, statement or information contained therein or deemed to form part of this RFP or arising in any way in this Selection Process.

The Authority also accepts no liability of any nature whether resulting from negligence or otherwise, howsoever caused, arising from reliance of any Applicant upon the statements contained in this RFP.

The Authority may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or


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assumption contained in this RFP.

The issue of this RFP does not imply that the Authority is bound to select an Applicant or to appoint the Selected Applicant, as the case may be, for the Consultancy and the Authority reserves the right to reject all or any of the Proposals without assigning any reasons whatsoever.

The Applicant shall bear all its costs associated with or relating to the preparation and submission of its Proposal including but not limited to preparation, copying, delivery, fees, expenses associated with any demonstrations or presentations which may be required by the Authority or any other costs incurred in connection with or relating to its Proposal. All such costs and expenses will remain with the Applicant and the Authority shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by an Applicant in preparation or submission of the Proposal, regardless of the conduct or outcome of the Selection Process.


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REQUEST FOR PROPOSAL


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CONTENTS DISCLAIMER ................................................................................................................................................... 2

NOTICE INVITING TENDER ........................................................................................................................ 8

SECTION I: INTRODUCTION TO BIDDERS ........................................................................................... 10

1.1 Background........................................................................................................................................ 10

1.2 Request for Proposals ........................................................................................................................ 10

1.2 Due diligence by Applicants ............................................................................................................. 10

1.4 Downloading of RFP Document ....................................................................................................... 10

1.5 Validity of the Proposal ..................................................................................................................... 10

1.6 Brief description of the Selection Process ......................................................................................... 10

1.7 Currency conversion rate and payment ............................................................................................. 11

1.8 Schedule of Selection Process ........................................................................................................... 11

1.10 Pre-Proposal Conference ................................................................................................................... 11

1.11 Communications ................................................................................................................................ 12

SECTION II: INSTRUCTIONS TO BIDDERS ........................................................................................... 13

A. GENERAL ........................................................................................................................................ 13

2.1 Scope of Proposal .............................................................................................................................. 13

2.2 Conditions of Eligibility of Applicants ............................................................................................. 13

2.3 Conflict of Interest .............................................................................................................................. 15

2.4 Number of Proposals ......................................................................................................................... 15

2.5 Cost of Proposal ................................................................................................................................ 15

2.6 Visit to the Authority and verification of information....................................................................... 16

2.7 Acknowledgement by Applicant ....................................................................................................... 16

2.8 Right to reject any or all Proposals .................................................................................................... 16

B. DOCUMENTS .................................................................................................................................. 17

2.9 Contents of the RFP ........................................................................................................................... 17

2.10 Clarifications ..................................................................................................................................... 18

2.11 Amendment of RFP ........................................................................................................................... 18

C. PREPARATION AND SUBMISSION OF PROPOSAL ................................................................. 18

2.12 Language ........................................................................................................................................... 18

2.13 Format and signing of Proposal ......................................................................................................... 18

2.14 Technical Proposal .......................................................................................................................... 19

2.15 Financial Proposal ........................................................................................................................... 20

2.16 Submission of Proposal ................................................................................................................... 21

2.17 Proposal Due Date ............................................................................................................................. 21

2.18 Late Proposals ................................................................................................................................... 21

2.19 Modification/ substitution/ withdrawal of Proposals ......................................................................... 21

2.20 Performance Security ........................................................................................................................ 21

D. EVALUATION PROCESS ............................................................................................................... 22


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2.21 Evaluation of Proposals ..................................................................................................................... 22

2.22 Confidentiality ................................................................................................................................... 23

2.23 Clarifications ..................................................................................................................................... 23

E. APPOINTMENT OF CONSULTANT ............................................................................................. 23

2.24 Negotiations ....................................................................................................................................... 23

2.25 Substitution of Key Personnel ........................................................................................................... 24

2.26 Indemnity ........................................................................................................................................... 24

2.27 Award of Consultancy ....................................................................................................................... 24

2.28 Execution of Agreement .................................................................................................................... 24

2.29 Commencement of Assignment......................................................................................................... 24

2.30 Proprietary data ................................................................................................................................. 25

SECTION III: CRITERIA FOR EVALUATION ......................................................................................... 26

3.1 Evaluation of Technical Proposals .................................................................................................... 26

3.2 Short-listing of Applicants ................................................................................................................ 31

3.3 Evaluation of Financial Proposal ....................................................................................................... 31

3.4 Combined and Final Evaluation ........................................................................................................ 31

SECTION IV. FRAUD AND CORRUPT PRACTICES ............................................................................. 32

SECTION V: PRE-PROPOSAL CONFERENCE (PRE-BID MEETING) ............................................... 34

SECTION VI: MISCELLANEOUS .............................................................................................................. 35

SCHEDULE-1 .................................................................................................................................................. 36

Terms of Reference (TOR) ............................................................................................................................. 36

1. Background........................................................................................................................................ 37

2. Scope of Work ................................................................................................................................... 38

3. Schedule for Completion of Tasks .................................................................................................... 45

4. Milestone for Payment ...................................................................................................................... 46

5. Other Terms and Conditions ............................................................................................................. 48

6. Data, Services and Facilities to be provided by the Client ................................................................ 53

7. Final outputs (i.e., reports, drawings, etc.) that will be required of the consultant............................ 53

8. Composition of Review Committee to Monitor Consultants Work .................................................. 54

9. Procedure for Review of Progress ..................................................................................................... 54

10. Additional Conditions: ...................................................................................................................... 54

Form-1: TECHNICAL PROPOSAL ............................................................................................................. 57

Form-2: PARTICULARS OF THE APPLICANT ....................................................................................... 61

Form-3: POWER OF ATTORNEY ............................................................................................................... 62

Form-4: FINANCIAL CAPACITY OF THE APPLICANT ....................................................................... 64

Form-5: PARTICULARS OF KEY PERSONNEL ..................................................................................... 65

Form-6: FORMAT FOR EXPERIENCE CITATIONS .............................................................................. 66

Form-7: FORMAT FOR CURRICULUM VITAE (CV) OF PROFESSIONAL PERSONNEL ............... 67

Form-8 A: COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF


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REFERENCE AND ON DATA, SERVICES, AND FACILITIES TO BE PROVIDED BY THE CLIENT ........................................................................................................................................................... 68

Form-8 B: APPROACH AND METHODOLOGY, WORK PLAN ........................................................... 69

Form-9: TIME SCHEDULE FOR PROFESSIONAL PERSONNEL ....................................................... 70

Form-10: ACTIVITY (WORK) SCHEDULE .............................................................................................. 71

Form-11: FINANCIAL PROPOSAL SUBMISSION FORM ..................................................................... 72

SECTION VII: DRAFT CONTRACT FOR CONSULTANT’S SERVICES ............................................ 73


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NOTICE INVITING TENDER

Karnataka State Minerals Corporation Limited (A Government of Karnataka Undertaking)

TTMC, ‘A’ Block, 5thFloor, BMTC Building, K H Road, Shantinagar Bengaluru–560027.Tel.:08022278813/14/15/16,Fax:080-22213172

e-mail: [email protected] Website: https://ksmc.karnataka.gov.in

No. KSMCL/CIVIL/GCP/Land/182/VOL-2/2021-22/1068 Date: 17.08.2021 E-Tender for selection of Comprehensive Project Development Consultant for Development of Integrated Technology Park at Hassan

Karnataka State Minerals Corporation Limited (KSMCL), a Government of Karnataka Undertaking registered under Company Act, proposes to develop an Integrated Technology Park at about 14 acres of land owned by the Company at Hassan, Karnataka State.

KSMCL intends to engage a reputed Comprehensive Project Development Consultant for Development (CPDC), selected through e-tender process to support the project develop the proposed commercial projects on turnkey basis.

Tender document containing details of eligibility criteria, scope of work and other terms and conditions may be obtained from the website of e-procurement Department, Government of Karnataka.

Interested Consultants/Firms of consultant firms may submit their proposals for providing the envisaged services including the requisite Earnest Money Deposit (EMD) / Bid Security and cost of RFP Document, electronically through the e-procurement platform at https://www.eproc.karnataka.gov.in. Following shall be the calendar events of Tendering: Last date for receipt of pre-bid queries 27.08.2021, 15.00 hrs

Date of Pre-Bid Meeting 31.08.2021, 11.00 hrs

Response to Pre-Bid Queries Latest by 02.09.2021

Last date for submission of Proposals in e-portal 17.09.2021, 17.00 hrs

Date of opening of Technical Proposals in e-portal 20.09.2021, 11.00 hrs

Earnest Money Deposit

Rs.5,00,000/- (Rupees Five Lakhs

only)


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1. A Consultant will be selected under Least-Cost-Based Selection (LCS) as per the procedures described in this RFP.

2. This RFP includes the following documents:

Section 1 - Letter of Invitation Section 2 – Instruction to Applicants Section 3 – Criteria for Evaluation Section 4 – Fraud and Corrupt Practices Section 5 – Pre-Proposal Conference Section 6 – Miscellaneous Section 7 – Contract Agreement

3. The Earnest Money Deposit (EMD) is Rs.5,00,000/- (Rupees Five Lakhs only) which shall be required to be paid along with the Proposal. The EMD shall be refundable no later than 30 (Thirty) days after completion of selection process, except in case of the Selected Bidder whose EMD shall be retained till it has provided a Performance Security as specified in the Service Agreement / Contract.

4. The EMD shall be paid only through any of the four modes of e-Payment as specified in the e-procurement portal. The proposal shall be summarily rejected in e-portal if EMD is not paid.

5. Postponement of Calendar of events (if any), subsequent notification(s), changes, amendments / corrigendum(s) (if any), response to pre-bid queries and selection/ rejection of proposal shall be intimated only through e-Procurement portal and will not be published in newspapers.

6. Karnataka State Minerals Corporation Limited reserves the right to reject any or all Proposals without assigning any reason, whatsoever.

Sd/- General Manager Admin & Vigilance


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SECTION I: INTRODUCTION TO BIDDERS

1.1 Background

1.1.1 Karnataka State Minerals Corporation Limited (KSMCL) [formerly known as Mysore Minerals Limited] is one of the leading Government of Karnataka undertakings engaged in mining activities. The corporation which was established in the year 1966, has been a dynamic player in the Mining field and is responsible for the efficient harnessing of these resources.

1.1.2 KSMCL, today is a recognized name in the industry with high competent and scientific methods of

mining to its credit. Capitalizing on the natural resource of Karnataka and acting as an agent of the State Government has made KSMCL a vital link in the local as well as global trade relations. KSMCL works with a strongly founded infrastructure that is designed to optimize time and effort. Retaining quality standards is a priority to ensure that the Corporation satisfies its clients from all over the world. KSMCL had established Granite Cutting and Polishing Unit as a 100% EoU in about 14 acres of land located along Arasikere Road, B.Katihalli, Hassan, Karnataka State. Since, the activities in this unit was stopped due to various administrative reasons, KSMCL proposes to develop an Integrated Technology Park in this land

1.1.3 In pursuance of the above, KSMCL has decided to carry out the process for selection of a reputed Consultant for preparing the Master Plan, Detailed Project Report and Project Management Consultancy services work for the development of Integrated Technology Park at Hassan (the “Consultant”) for providing services in accordance with the Terms of Reference specified at Schedule-1 (the “TOR”).

1.2 Request for Proposals The Authority intends to select the Consultant through a limited competitive bidding process in accordance with the procedure set out herein.

1.2 Due diligence by Applicants

Applicants are encouraged to inform themselves fully about the assignment and the conditions before submitting the Proposal by paying a visit to the Authority and the Project site, sending written queries to the Authority, and attending a Pre-Proposal Conference on the date and time specified in Clause 1.10.

1.4 Downloading of RFP Document

RFP document can be downloaded from the e-procurement website at www.eproc.karnataka.gov.in(the “Karnataka Public Procurement Portal”).

1.5 Validity of the Proposal

The Proposal shall be valid for a period of not less than 180 (One Hundred and Eighty) days from the Proposal Due Date (the “PDD”).

1.6 Brief description of the Selection Process


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The Authority has adopted a two stage selection process (collectively the “Selection Process”) for evaluating the Proposals comprising technical and financial bids to be submitted in two separate sealed envelopes. In the first stage, a technical evaluation will be carried out as specified in Clause 3.1. In the second stage, a financial evaluation will be carried out as specified in Clause 3.3. Proposals will finally be ranked according to their combined technical and financial scores as specified in Clause 3.4. The first ranked Applicant (the “Selected Applicant”) shall be appointed.

1.7 Currency conversion rate and payment

All payments to the Consultant shall be made in INR in accordance with the provisions of this RFP.

1.8 Schedule of Selection Process

The Authority would endeavour to adhere to the following schedule:

S.No Event Description Date

1 Last date for receipt of pre-bid queries

27.08.2021, 15.00 hrs

2 Pre-Proposal Conference at the office of KSMCL/ Virtual

31.08.2021, 11.00 hrs

3 Authority response to queries

Latest by 02.09.2021

4 Last date for submission of Proposals in e-portal

17.09.2021, 17.00 hrs

5 Opening of Technical Proposals in e-portal

20.09.2021, 11.00 hrs

6 Signing of Agreement Within 7 days of LOA

7 Validity of Proposals 180 days from Proposal Due Date

1.9 Deleted

1.10 Pre-Proposal Conference

The date, time and venue of Pre-Proposal Conference shall be:

Date: 31.08.2021 Time: 1100 hrs

Venue: Office of KSMCL/ Virtual Facility for attending the pre-proposal conference by the prospective bidders through video conferencing would be made by the Authority. In case if a prospective bidder is desirous in


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participating the pre-proposal conference through video conference shall at least 3 (three) working days before the scheduled pre-proposal conference request the Authority for participation by addressing a mail to email-id mentioned in clause 1.11. The link for attending the meeting shall be shared by the Authority at least a day before the pre-proposal conference.

1.11 COMMUNICATIONS

1.11.1 All communications including the submission of Proposal should be addressed to:

The General Manager (Admin & Vigilance) Karnataka State Minerals Corporation Limited TTMC “A” Block, 5th floor, BMTC Building, Shantinagar, Bengaluru, Karnataka - 560 027 Phone: 080 – 22278813/14/15/16 Email: [email protected]

1.11.2 Contact Person:

Mr. H.S. Govindaraju Manager (Mech.) Karnataka State Minerals Corporation Limited

TTMC “A” Block, 5th floor, BMTC Building, Shantinagar, Bengaluru, Karnataka - 560 027 Ph.: 080 – 22278813/14/15/16 Mobile Phone: 9972065297


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SECTION II: INSTRUCTIONS TO BIDDERS A. GENERAL

2.1 Scope of Proposal

2.1.1 Detailed description of the objectives, scope of services, Deliverables and other requirements relating to this Consultancy are specified in this RFP. The term applicant (the “Applicant”) means the firm submitting its application in response to the invitation of this RFP. The manner in which the Proposal is required to be submitted, evaluated and accepted is explained in this RFP.

2.1.2 Applicants are advised that the selection of Consultant shall be on the basis of LCS method of evaluation by the Authority through the Selection Process specified in this RFP. Applicants shall be deemed to have understood and agreed that no explanation or justification for any aspect of the Selection Process will be given and that the Authority’s decisions are without any right of appeal whatsoever.

2.1.3 The Applicant shall submit its Proposal in the form and manner specified in this Section of the RFP. The Technical proposal shall be submitted in the form at Appendix-I and the Financial Proposal shall be submitted in the form at Karnataka Public Procurement Portal. Upon selection, the Applicant shall be required to enter into an agreement with the Authority.

2.2 Conditions of Eligibility of Applicants

2.2.1 Applicants must read carefully the minimum conditions of eligibility (the “Conditions of Eligibility”) provided herein. Proposals of only those Applicants who satisfy the Conditions of Eligibility will be considered for evaluation.

2.2.2 To be eligible for evaluation of its Proposal, the Applicant shall fulfil the following:

(A) Technical Capacity:

The bidder should have following minimum project experience over the past 10 (Ten) years preceding the PDD. SI. No

Description

1. Minimum one project experience (**) in preparation of Master Plan, DPR and Project Management Consultancy Services for an area of more or equal to 15 lakhs Sq. ft. and total project cost of minimum Rs. 200 Crores in India during the last 10 years.

Eligible Projects:

Mixed-use development projects/ IT Parks/ SEZ’s/ Smart City Plans with area-based development conforming to the built-up space and value mentioned above.

2. The Bidder must have an operational office in Karnataka for the last 5(Five) years. Proof of office documents needs to be attached along with company profile having minimum deployed regular staff of 10 members operating in each of the last 5 (five)


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SI. No

Description

years from office in Karnataka. Note: Proof of the documents for office operations shall be in the form of lease deed/ Property Tax paid to the local authorities in the name of the firm

Note: (**) The project (s) should have fully completed.

(B) Financial Capacity: The applicant should have a minimum annual turnover from consultancy/ advisory services of Rs. 15 Crores from Indian operations in each of the last three financial years (i.e 2018-19 to 2020-21. In case Accounts for 2020-21 are not audited, then 2017-18 to 2019-20)

(C) Legal Entity: Applicants/ Bidders eligible for participating in the Assignment should be a single Business Entity. Business Entity shall mean a Company registered in India under the Companies Act 1956, or a Partnership Firm registered under the relevant and prevailing law relating to partnership in India, and operating for the last 10 years in Consultancy Business as on December, 2020

2.2.3 The Applicant shall enclose with its Proposal, certificate(s) from its Statutory Auditors stating its

total revenues from professional fees during each of the 3 (three) financial years preceding the PDD and the fee received in respect of each of the Eligible Assignments specified in the Proposal. In the event that the Applicant does not have a statutory auditor, it shall provide the requisite certificate(s) from the firm of Chartered Accountants that ordinarily audits the annual accounts of the Applicant.

2.2.4 The Applicant should submit a Power of Attorney as per the format at Form - 4 of Appendix-I;

provided, however, that such Power of Attorney would not be required if the Application is signed by a partner or Director (on the Board of Directors) of the Applicant

2.2.5 Any entity which has been barred by the Central Government, any State Government, a

statutory authority or a public sector undertaking, as the case may be, from participating in any project, and the bar subsists as on the date of the Proposal, would not be eligible to submit a Proposal either by itself or through its Associate.

2.2.6 An Applicant or its Associate should have, during the last three years, neither failed to

perform on any agreement, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Applicant or its Associate, nor been expelled from any project or agreement nor have had any agreement terminated for breach by such Applicant or its Associate.

2.2.7 While submitting a Proposal, the Applicant should attach clearly marked and referenced

continuation sheets in the event that the space provided in the specified forms in the Appendices is insufficient. Alternatively, Applicants may format the specified forms making due provision for incorporation of the requested information.

2.2.8 Joint venture / consortium participation is not allowed under the present request for proposal


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and it is not permissible to transfer this RFP to any other firm.

2.3 Conflict of Interest

2.3.1 An Applicant shall not have a conflict of interest that may affect the Selection Process or the Consultancy (the “Conflict of Interest”). Any Applicant found to have a Conflict of Interest shall be disqualified. In the event of disqualification, the Authority shall forfeit and appropriate the EMD, if available, as mutually agreed genuine pre-estimated compensation and damages payable to the Authority for, inter alia, the time, cost and effort of the Authority including consideration of such Applicant’s Proposal, without prejudice to any other right or remedy that may be available to the Authority hereunder or otherwise.

2.3.2 The Authority requires that the Consultant provides professional, objective, and impartial advice and at all times hold the Authority’s interest’s paramount, avoid conflicts with other assignments or its own interests, and act without any consideration for future work. The Consultant shall not accept or engage in any assignment that would be in conflict with its prior or current obligations to other clients, or that may place it in a position of not being able to carry out the assignment in the best interests of the Authority.

2.3.3 Without limiting the generality of the above an Applicant shall be deemed to have a Conflict of Interest affecting the Selection Process, if:

(a) deleted

(b) a constituent of such Applicant is also a constituent of another Applicant; or

(c) such Applicant has the same legal representative for purposes of this Application as any other Applicant; or

(e) such Applicant has a relationship with another Applicant, directly or through common third parties, that puts them in a position to have access to each other’s information about, or to influence the Application of either or each of the other Applicant; or such Applicant or any constituent thereof has provided consultancy services to the Authority in the preparation or implementation of the project.

2.4 Number of Proposals

No Applicant shall submit more than one Application for the Consultancy. 2.5 Cost of Proposal

The Applicants shall be responsible for all of the costs associated with the preparation of their Proposals and their participation in the Selection Process including subsequent negotiation, visits to the Authority, Project site etc. The Authority will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the Selection


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Process. 2.6 Visit to the Authority and verification of information

Applicants are encouraged to submit their respective Proposals after visiting the office of the Authority and ascertaining for themselves the availability of documents and other data with the Authority, Applicable Laws and regulations or any other matter considered relevant by them.

2.7 Acknowledgement by Applicant 2.7.1 It shall be deemed that by submitting the Proposal, the Applicant has:

(a) made a complete and careful examination of the RFP;

(b) received all relevant information requested from the Authority;

(c) accepted the risk of inadequacy, error or mistake in the information provided in the RFP or furnished by or on behalf of the Authority;

(d) satisfied itself about all matters, things and information, including matters referred to in Clause 2.6 herein above, necessary and required for submitting an informed Application and performance of all of its obligations thereunder;

(e) acknowledged that it does not have a Conflict of Interest; and

(f) agreed to be bound by the undertaking provided by it under and in terms hereof.

2.7.2 The Authority shall not be liable for any omission, mistake or error in respect of any of the above or on account of any matter or thing arising out of or concerning or relating to RFP or the Selection Process, including any error or mistake therein or in any information or data given by the Authority.

2.8 Right to reject any or all Proposals 2.8.1 Notwithstanding anything contained in this RFP, the Authority reserves the right to accept or

reject any Proposal and to annul the Selection Process and reject all Proposals, at any time without any liability or any obligation for such acceptance, rejection or annulment, and without assigning any reasons therefor.

2.8.2 Without prejudice to the generality of Clause 2.8.1, the Authority reserves the right to reject any Proposal if: (a) at any time, a material misrepresentation is made or discovered, or

(b) the Applicant does not provide, within the time specified by the Authority, the supplemental information sought by the Authority for evaluation of the Proposal.

Misrepresentation/ improper response by the Applicant may lead to the disqualification of the Applicant. If such disqualification / rejection occurs after the Proposals have been opened and the highest ranking Applicant gets disqualified / rejected, then the Authority reserves the


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right to consider the next best Applicant, or take any other measure as may be deemed fit in the sole discretion of the Authority, including annulment of the Selection Process.

B. DOCUMENTS 2.9 Contents of the RFP 2.9.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below and will

additionally include any Addendum / Amendment issued in accordance with Clause 2.10:

Request for Proposal

1 Introduction

2 Instructions to Applicants

3 Criteria for Evaluation

4 Fraud and corrupt practices

5 Pre-Proposal Conference

6 Miscellaneous

Schedules

Terms of Reference

2 Appendix-I

Form 1: Letter of Proposal

Form 2: Particulars of the Applicant

Form 3: Power of Attorney

Form 4: Financial Capacity of the Applicant

Form 5: Particulars of Key Personnel

Form 6: Format for Professional Experience Citations

Form 7: Format for Curriculum Vitae (CV) of Professional Personnel

Form 8A: Comments on ToR and Services provided by Client

Form 8B: Proposed Approach , Methodology and Work Plan

Form 9: Time Schedule for Professional Personnel

Form 10: Activity (Work) Schedule

Form 11: Financial Proposal Submission Form


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2.10 Clarifications 2.10.1 Applicants requiring any clarification on the RFP may send their queries to the Authority

only through e-procurement portal so as to reach before the date mentioned in the Schedule of Selection Process at Clause 1.8.

2.10.2 The Authority reserves the right not to respond to any queries or provide any clarifications, in

its sole discretion, and nothing in this Clause shall be construed as obliging the Authority to respond to any question or to provide any clarification.

2.11 Amendment of RFP 2.11.1 At any time prior to the deadline for submission of Proposal, the Authority may, for any

reason, whether at its own initiative or in response to clarifications requested by an Applicant, modify the RFP document by the issuance of Addendum/ Amendment and posting it on e-procurement website.

2.11.2 All such amendments will be posted on the e-procurement and will be binding on all

Applicants. 2.11.3 In order to afford the Applicants a reasonable time for taking an amendment into account, or

for any other reason, the Authority may, in its sole discretion, extend the PDD.

C. PREPARATION AND SUBMISSION OF PROPOSAL 2.12 Language

The Proposal with all accompanying documents (the “Documents”) and all communications in relation to or concerning the Selection Process shall be in English language and strictly on the forms provided in this RFP. No supporting document or printed literature shall be submitted with the Proposal unless specifically asked for and in case any of these Documents is in another language, it must be accompanied by an accurate translation of all the relevant passages in English, in which case, for all purposes of interpretation of the Proposal, the translation in English shall prevail.

2.13 Format and signing of Proposal 2.13.1 The Applicant shall provide all the information sought under this RFP in electronic mode

only. The Authority would evaluate only those Proposals that are received in the specified forms and complete in all respects.

2.13.2 The Proposal shall be typed or written in indelible ink and signed by the authorised signatory of the Applicant who shall initial each page, in blue ink. In case of printed and published Documents, only


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the cover shall be initialed. All the alterations, omissions, additions, or any other amendments made to the Proposal shall be initialed by the person(s) signing the Proposal. The Proposals must be properly signed by the authorized representative (the “Authorized Representative”) as detailed below: (a) by the proprietor, in case of a proprietary firm; or

(b) by a partner, in case of a partnership firm and/or a limited liability partnership; or

(c) by a duly authorized person holding the Power of Attorney, in case of a Limited Company or a corporation; or

A copy of the Power of Attorney certified by a notary public in the form specified in Appendix-I (Form-4) shall accompany the Proposal (if required).

2.13.3 Applicants should note the PDD, as specified in Clause 1.8, for submission of Proposals.

Except as specifically provided in this RFP, no supplementary material will be entertained by the Authority, and that evaluation will be carried out only on the basis of Documents received by the closing time of PDD as specified in Clause 2.16.1. Applicants will ordinarily not be asked to provide additional material information or documents subsequent to the date of submission, and unsolicited material if submitted will be summarily rejected.

2.14 Technical Proposal

2.14.1 Applicants shall submit the technical proposal in the formats at Appendix-I (the “Technical Proposal”).

2.14.2 While submitting the Technical Proposal, the Applicant shall, in particular, ensure that:

(a) all forms are submitted in the prescribed formats and signed by the prescribed signatories;

(b) power of attorney, if applicable, is executed as per Applicable Laws;

(c) CVs of all Key Personnel have been included;

(d) no alternative proposal for any Key Personnel is being made and only one CV for each position has been furnished;

2.14.3 Failure to comply with the requirements spelt out in this Clause 2.14 shall make the Proposal liable to be rejected.

2.14.4 If an Applicant makes a false averment regarding his qualification, experience or other particulars, he shall be liable to be debarred for any future assignment of the Authority for a period of 3 (three) years. The award of this Consultancy to the Applicant may also be liable to cancellation in such an event.

2.14.5 The Technical Proposal shall not include any financial information relating to the Financial Proposal.


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2.14.6 The proposed team shall include experts and specialists (the “Key Personnel”) in their respective areas of expertise and managerial/support staff (the “Non-Key Personnel”) such that the Consultant should be able to fulfill the Consultancy within the specified time schedule. The Key Personnel specified in Clause 2.1.4 shall be included in the proposed team of Professional Personnel. The team shall comprise other competent and experienced professional personnel in the relevant areas of expertise (where applicable) as required for successful completion of this Consultancy. The CV of each such professional personnel, if any, should also be submitted in the format at Form-7 of Appendix-I.

2.14.7 The Authority reserves the right to verify all statements, information and documents, submitted by the Applicant in response to the RFP. Any such verification or the lack of such verification by the Authority to undertake such verification shall not relieve the Applicant of its obligations or liabilities hereunder nor will it affect any rights of the Authority thereunder.

2.14.8 In case it is found during the evaluation or at any time before signing of the Agreement or after its execution and during the period of subsistence thereof, that one or more of the eligibility conditions have not been met by the Applicant or the Applicant has made material misrepresentation or has given any materially incorrect or false information, the Applicant shall be disqualified forthwith if not yet appointed as the Consultant either by issue of the LOA or entering into of the Agreement, and if the Selected Applicant has already been issued the LOA or has entered into the Agreement, as the case may be, the same shall, notwithstanding anything to the contrary contained therein or in this RFP, be liable to be terminated, by a communication in writing by the Authority without the Authority being liable in any manner whatsoever to the Selected Applicant or Consultant, as the case may be.

In such an event, the Authority shall forfeit and appropriate the EMD/ Performance Security, whichever applicable,as mutually agreed pre-estimated compensation and damages payable to the Authority for, inter alia, time, cost and effort of the Authority, without prejudice to any other right or remedy that may be available to the Authority.

2.15 Financial Proposal

2.15.1 Applicants shall submit the financial proposal in the slot provided in e-procurement website (the “Financial Proposal”). The Financial Proposal shall clearly be indicating the total cost of the Consultancy in percentage, and signed by the Applicant’s Authorised Representative.

2.15.2 While submitting the Financial Proposal, the Applicant shall ensure the following:

(i) All the costs associated with the assignment shall be included in the Financial Proposal. These shall normally cover remuneration for all the Personnel (Expatriate and Resident, in the field, office, etc.), accommodation, air fare, equipment, printing of documents, etc. The total amount indicated in the Financial Proposal shall be without any condition attached or subject to any assumption, and shall be final and binding. In case any assumption or condition is indicated in the Financial Proposal, it shall be considered non-responsive and liable to be rejected.


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(ii) The Financial Proposal shall take into account professional fees and all out of pocket expenses including GST and all other applicable levies, taxes, duties, etc. Further, all payments shall be subject to deduction of taxes at source as per Applicable Laws.

2.16 Submission of Proposal

2.16.1 The Applicants shall submit the Proposal only in e-procurement website. The documents shall be scanned and uploaded in the e-procurement website with all pages numbered serially and by giving an index of submissions. Each page of the submission shall be initialed by the Authorized Representative of the Applicant as per the terms of this RFP.

2.16.2 The completed Proposal must be submitted online on or before the specified time on PDD. Proposals submitted in person, by fax, telex, telegram or e-mail shall not be entertained.

2.16.3 The Proposal shall be made in the Forms specified in this RFP. Any attachment to such Forms must be provided on separate sheets of paper and only information that is directly relevant should be provided. This may include photocopies of the relevant pages of printed documents. No separate documents like printed annual statements, firm profiles, copy of contracts etc. will be entertained.

2.16.4 The rates quoted shall be firm throughout the period of performance of the assignment up to and including discharge of all obligations of the Consultant under the Agreement.

2.17 Proposal Due Date 2.17.1 Proposal should be submitted in electronic mode in the e-procurement on or before the

Proposal Due Date and time specified in Clause 1.8 in the manner and form as detailed in this RFP.

2.17.2 The Authority may, in its sole discretion, extend the PDD by issuing an Addendum in

accordance with Clause 2.11 uniformly for all Applicants. 2.18 Late Proposals

Not applicable

2.19 Modification/ substitution/ withdrawal of Proposals

2.19.1 The Applicant may modify, substitute, or withdraw its Proposal after submission of the Proposal electronically prior to PDD. No Proposal shall be modified, substituted, or withdrawn by the Applicant on or after the PDD.

2.20 Performance Security

2.20.1 The Applicant, by submitting its Application pursuant to this RFP, shall be deemed to have acknowledged that without prejudice to the Authority’s any other right or remedy hereunder or in law


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or otherwise, its Performance Security shall be forfeited and appropriated by the Authority as the mutually agreed pre-estimated compensation and damages payable to the Authority for, inter alia, the time, cost and effort of the Authority in regard to the RFP, including the consideration and evaluation of the Proposal, under the following conditions:

(a) If an Applicant engages in any of the Prohibited Practices specified in Clause 4.1 of this RFP;

(b) if the Applicant is found to have a Conflict of Interest as specified in Clause 2.2;

(c) if the selected Applicant commits a breach of the Agreement.

2.20.2 An amount equal to 5% (five per cent) of the Agreement Value ( to be calculated based on the Clause -4 of ToR) shall be deemed to be the Performance Security for the purposes of this Clause 2.20, which may be forfeited and appropriated in accordance with the provisions hereof.

D. EVALUATION PROCESS

2.21 Evaluation of Proposals

2.21.1 The Authority shall open the Proposals on the date and time specified in Clause 1.8 in the e-procurement portal.

2.21.2 Prior to evaluation of Proposals, the Authority will determine whether each Proposal is

responsive to the requirements of the RFP. A Proposal shall be considered responsive only if: (a) the Technical Proposal is received in the form specified at Appendix-I;

(b) it is received by the PDD including any extension thereof pursuant to Clause 2.17;

(c) it is submitted through e-procurement as stipulated in Clauses 2.13 and 2.14;

(d) it is accompanied by the Power of Attorney as specified in Clause 2.2.4;

(e) it contains all the information (complete in all respects) as requested in the RFP;

(f) it does not contain any condition or qualification; and

(g) it is not non-responsive in terms hereof.

2.21.3 The Authority reserves the right to reject any Proposal which is non-responsive and no request for alteration, modification, substitution or withdrawal shall be entertained by the Authority in respect of such Proposals.

2.21.4 The Authority shall subsequently examine and evaluate Proposals in accordance with the Selection Process specified at Clause 1.6 and the criteria set out in Section 3 of this RFP.

2.21.5 After the technical evaluation, the Authority shall prepare a list of pre-qualified Applicants in terms of Clause 3.2 for opening of their Financial Proposals. Before opening of the Financial Proposals, the list of pre-qualified Applicants along with their Technical Scores will be


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recorded. The opening of Financial Proposals of only those who qualify in the Technical proposal shall be done in e-procurement portal. The Authority will not entertain any query or clarification from Applicants who fail to qualify at any stage of the Selection Process. The financial evaluation and final ranking of the Proposals shall be carried out in terms of Clauses 3.3 and 3.4.

2.21.6 Applicants are advised that Selection shall be entirely at the discretion of the Authority. Applicants shall be deemed to have understood and agreed that the Authority shall not be required to provide any explanation or justification in respect of any aspect of the Selection Process or Selection.

2.21.7 Any information contained in the Proposal shall not in any way be construed as binding on the Authority, its agents, successors or assigns, but shall be binding against the Applicant if the Consultancy is subsequently awarded to it.

2.22 Confidentiality

Information relating to the examination, clarification, evaluation, and recommendation for the selection of Applicants shall not be disclosed to any person who is not officially concerned with the process or is not a retained professional adviser advising the Authority in relation to matters arising out of, or concerning the Selection Process. The Authority shall treat all information, submitted as part of the Proposal, in confidence and shall require all those who have access to such material to treat the same in confidence. The Authority may not divulge any such information unless it is directed to do so by any statutory entity that has the power under law to require its disclosure or to enforce or assert any right or privilege of the statutory entity and/or the Authority or as may be required by law or in connection with any legal process.

2.23 Clarifications 2.23.1 To facilitate evaluation of Proposals, the Authority may, at its sole discretion, seek

clarifications from any Applicant regarding its Proposal. Such clarification(s) shall be provided within the time specified by the Authority for this purpose. Any request for clarification(s) and all clarification(s) in response thereto shall be in writing.

2.23.2 If an Applicant does not provide clarifications sought under Clause 2.22.1 above within the specified time, its Proposal shall be liable to be rejected. In case the Proposal is not rejected, the Authority may proceed to evaluate the Proposal by construing the particulars requiring clarification to the best of its understanding, and the Applicant shall be barred from subsequently questioning such interpretation of the Authority.

E. APPOINTMENT OF CONSULTANT

2.24 Negotiations The Selected Applicant may, if necessary, be invited for negotiations. The negotiations shall


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generally not be for reducing the price of the Proposal, but will be for re-confirming the obligations of the Consultant under this RFP. Issues such as deployment of Key Personnel, understanding of the RFP, methodology and quality of the work plan shall be discussed during negotiations. In case the Selected Applicant fails to reconfirm its commitment, the Authority reserves the right to designate the next ranked Applicant as the Selected Applicant and invite it for negotiations.

2.25 Substitution of Key Personnel

2.25.1 Except as the Client may otherwise agree, no changes shall be made in the Personnel. If for any reason beyond the reasonable control of the Consultant it becomes necessary to replace any of the Personnel, the Consultant shall forthwith provide as a replacement, a person of equivalent or better qualifications and experience and which is found eligible and acceptable by the client. The consultant must take prior approval of client before the replacement takes place

2.25.2 If, any time during the Assignment period, it is found that the key person(s), not performing the task which they were to perform, instead some other person/s are performing or if the consultant replaces any person without knowledge of the client, in such case the client may accept such a person if such a person is found of equal or more caliber.

2.26 Indemnity

The Consultant shall, subject to the provisions of the Agreement, indemnify the Authority, for an amount not exceeding the value of the Agreement, for any direct loss or damage that is caused due to any deficiency in Services.

2.27 Award of Consultancy

After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by the Authority to the Selected Applicant and the Selected Applicant shall, within 15(fifteen) days of the receipt of the LOA, sign and return the duplicate copy of the LOA in acknowledgement thereof. In the event the duplicate copy of the LOA duly signed by the Selected Applicant is not received by the stipulated date, the Authority may, unless it consents to extension of time for submission thereof, cancel the LOA and forfeit the EMD. The next highest ranking Applicant may be considered.

2.28 Execution of Agreement

After acknowledgement of the LOA as aforesaid by the Selected Applicant, it shall execute the Agreement within the period prescribed in Clause 1.8. The Selected Applicant shall not be entitled to seek any deviation in the Agreement. Non-compliance of execution of agreement shall lead to cancellation of LOA and forfeiting of EMD.

2.29 Commencement of Assignment

The Consultant shall commence the Consultancy within seven days of the date of the Agreement, or such other date as may be mutually agreed. If the Consultant fails to either sign the Agreement as specified in Clause 2.27 or commence the assignment as specified herein, the Authority may invite the second ranked Applicant for negotiations. In such an event, the LOA or the Agreement, as the


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case may be, may be cancelled /terminated and forfeiting of EMD and performance security.

2.30 Proprietary data

Subject to the provisions of Clause 2.22, all documents and other information provided by the Authority or submitted by an Applicant to the Authority shall remain or become the property of the Authority. Applicants and the Consultant, as the case may be, are to treat all information as strictly confidential. The Authority will not return any Proposal or any information related thereto. All information collected, analyzed, processed or in whatever manner provided by the Consultant to the Authority in relation to the Consultancy shall be the property of the Authority.


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SECTION III: CRITERIA FOR EVALUATION

3.1 Evaluation of Technical Proposals 3.1.1 In the first stage, the Technical Proposal will be evaluated on the basis of Applicant’s turnover,

experience, its understanding of TOR, proposed methodology and Work Plan, and the experience of Key Personnel. Only those Applicants, whose Technical Proposals score 75 points or more out of 100 shall be considered as technically qualified for opening of Financial Proposal.

3.1.2 The scoring criteria to be used for evaluation shall be as follows. Technical Evaluation Criteria S. No.

Criteria Maximum marks

1 Firm’s Turnover The bidders shall have a minimum annual turnover of Rs.15 Crore from Indian operations in each of the year during the last three financial years (FY 2018-19 to 2020-21 or FY 2017-18 to 2019-20). (a) Turnover above Rs.15 Crores– 4 marks (b) Turnover above Rs.20 Crores– 6 marks (c) Turnover above Rs.25 Crores – 8 marks (d) Turnover above Rs.30 Crores–10 marks

10

2 Firm’s Assignment Experience 45

2.1 Preparation of Master Plan, DPR and Project Management Consultancy Services for eligible project (*) for an area of more than or equal to 15 lakhs Sq. ft. and total project cost of minimum Rs.200 Crores in India during the last 10 years under a single contract;

a) One eligible project: 5 marks b) Two eligible projects: 10 marks c) Three eligible projects: 15 marks

If above project(s) are done for Central Government/ any State Government/ statutory body/ or any Public Sector Undertaking in India, additional marks will be given as below :

a) One eligible project: 1 mark b) Two eligible projects: 2 marks c) Three eligible projects: 5 marks

20

2.2 Project experience in preparation of Master Plan cum DPR for more than or equal to 15 acre development of IT Parks/ SEZs/ Mixed-use development/ Area based development projects. (The projects submitted under this clause shall be different than those claimed/ submitted for Sl. No. 2.1 above):

a) One eligible project: 5 mark b) Two or more eligible projects: 10 marks

10


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2.3 Project experience of successfully providing Transaction Advisory Services indevelopment of infrastructure projects in India till the signing of agreement by the Implementing Agency where the project cost should not be less than Rs. 200 Crores in the last 10 years;

a) One eligible project: 5 marks b) Two eligible projects: 10 marks c) Three eligible projects: 15 marks

15

4 Key Expert Team (**) 30

4.1 Team Leader/ Project Director 10

4.2 Architect cum Urban Planner 05

4.3 Structural Engineer 05

4.4 Procurement cum Legal Expert 05

4.5 MEP Engineer 05

5 Approach and Methodology to Assignment 15

5.1 Understanding the assignment and adequacy of the proposed work plan

5

5.2 Methodology for carrying out the assignment 5

5.3 Technical Presentation 5

Total 100

Note: 1. (*)Eligible Projects: Mixed-use development/ IT parks/ SEZ’s/ Smart City Plans

with area-based development/ Urban Infrastructure Development. The project(s) should have fully completed. It should be demonstrated through Work Order and satisfactory / Work Completion certificate from Client in order to be considered eligible.

2. (**)Key Experts should be full time employees of the bidder firm for minimum last 6 months prior to the last date for submission of bids. Proof of employment to be produced in the form of Pay Slip/ Appointment Letter.

3.1.2 (a) Theminimumrequiredexperienceofproposedkeyprofessionalstaffareasbelow:

SlNo

Key Personnel

Minimum Educational

Qualification

Minimum Length of

Professional Experience

Duration of Association

with Assignment

Minimum Assignment Experience

Key Experts

1. Team Leader/ Project Director

Graduate in Civil Engineering/ Architecture.

15 years 32 months Should have experience as Team leader/ Project Manager in providing Comprehensive Project Development Consultancy Services


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SlNo

Key Personnel

Minimum Educational

Qualification

Minimum Length of



with Assignment


(incl. DPR, Master Plg. and PMC) for at least one similar assignment (*) with size of min. one mill. sft. in the last 10 years.

Should have experience in administering at least one Govt./ Public Sector project in India in the last 10 years.

2. Architect cum Urban Planner

Graduate in Architecture with Post graduate in Architecture/ Urban Planning

5 years 10 months Should have provided architectural and engineering design, drawings and coordination experience for at least one similar assignment (*) of the size of at least one mill. Sq. ft. in the last 5 years.

Should have a valid Registration with Council of Architecture.

3. Structural Engineer

Masters in Structural Engineering

5 years 10 months Should have provided structural drawings for at least one similar assignment (*) in the last 5 years.

4. Procurement cum legal Expert

Graduate in Civil Engineering with MBA or Law Degree.

5 years 7 months Should have provided Bid Management Services for at least one similar assignment (*)in the last 10 years.

5 MEP Engineer

Graduate in Civil/ Electrical/ Mechanical Engg.

5 years 10 months Should have provided MEP Engineering services for at least one similar assignment (*)in the last 5 years.

Non-Key Experts


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SlNo

Key Personnel

Minimum Educational

Qualification

Minimum Length of



with Assignment


6. Billing & Contracts specialist(1 No.)

Bachelors in Civil Engineering

8-10 years 30 months

7. Project Engineer (Quality) (1 No.)

Bachelors in Civil Engineering

5-8 years 30 months

8. Project Engineer (MEP)-2 (1 No.)

Bachelors in Electrical/Mechanical Engineering

5-8 years 30 months

9. Safety Expert (1 No.)

Bachelors in Civil Engineering with diploma/ certificate course in Safety Assurance.

5-8 years 30 months

10. Junior Engineer – 1 (1 No.)

Bachelors/Diploma in Civil Engineering

1-3 years 30 months

11. Junior Engineer – 2 (1 No.)

Bachelors/Diploma in Electrical/ Mechanical Engineering

1-3 years 30 months

(*) Similar Assignment means–Projects of any of the non-residential sectors such as Mixed Development Projects / IT Parks / Commercial Complex, Smart City Projects with area based Development, Urban Infrastructure & Transit Terminal Buildings with Commercial Development/ Mixed use Development, Retail Space, Institutional Buildings, Tourism Master Plan.

3.1.2 (b) Evaluation of Key Personnel CVs

Sr. No. Position Evaluation 1. Team Leader Length of Experience (Max. 5 marks)

a) Above 15 years: 3 marks b) Above 20 years: 5 marks

Assignment Experience** (Max. 5 marks)

a) One eligible assignment (*) with min. size of one mill. sft. in the capacity of Team Leader/Project Manager in the last 10 years: 4 marks

b) In case the above assignment is for State/ Central Govt. Dept./ Organs/PSU/MLFA. : 5 marks

10 marks

2. Architect cum Urban Planner

Length of Experience (Max. 2 marks) a) Above 5 years : 1 mark b) Above 8 years : 2 marks


5 marks


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a) One eligible assignment (*) with min. size of one mill. sft. in the last 5 years : 2 marks.

b) In case the above assignment is for State/ Central Govt. Dept./ Organs/PSU/MLFA. : 3 marks.

3. Structural Engineer


Assignment Experience** (Max. 3 Marks)

a) One eligible assignment (*)in the last 5 years : 2 marks.

b) Two eligible assignments (*)in the last 5 years : 3 marks

5 marks

4. Procurement cum legal Expert



a) One eligible assignment (*)ine-portal in the last 10 years : 2 marks.

b) Two eligible assignments (*)in e-portal in the last 10

years : 3 marks

5 marks

5. MEP Engineer

Length of Experience** (Max. 2 marks) a) Above 5 years : 1 mark b) Above 8 years : 2 marks

Assignment Experience (Max. 3 Marks)

a) One eligible assignment (*) in the last 5 years : 2 marks.

b) Two eligible assignments (*) in the last 5 years : 3 marks

5 marks

Note:

(i) (*) Similar assignment means–Projects of any of the non-residential sectors such as Mixed Development Projects / IT Parks / Commercial Complex, Smart City Projects with area based Development, Urban Infrastructure & Transit Terminal Buildings with Commercial Development/ Mixed use Development, Retail Space, Institutional Buildings, Tourism Master Plan.

(ii) (**) Experience as specified in Clause 3.1.2.(a) for the respective Key Personnel. (iii) Team Leader, Financing / Transaction Expert, Legal Expert should be available from

beginning of the engagement. (iv) The availability of key personnel must be ensured for the duration of the project as per

proposed work programme. (v) The age limit for key personnel is 65 years as on the date of bid submission. The proof of age

and qualification of the key personnel must be furnished in the technical proposal. (vi) The age limit for supporting staff to be deployed on project is 65 years as on the date of bid

submission.


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(vii) An undertaking from the key personnel must be furnished that he/she will be available for entire duration of the project assignment. After the award of work, in case of non-availability of key personnel in spite of his/her declaration, he/she shall be debarred for a period of two years for all projects of KSMCL.

(viii) A good working knowledge of English Language is essential for key professional staff on this assignment. Study reports must be in English Language.

3.2 Short-listing of Applicants

Of the Applicants ranked as aforesaid in clause 3.1, only shall be short-listed for financial evaluation in the second stage.

3.3 Evaluation of Financial Proposal

3.3.1 In the second stage, the financial evaluation will be carried out as per this Clause 3.3.

3.3.2 For financial evaluation, the total cost indicated in the Financial Proposal, will be considered.

3.3.3 The Authority will determine whether the Financial Proposals are complete, unqualified and unconditional. Since the selection is based on LCS, the Bidder who submits the lowest financial proposal shall be the preferred bidder for selection.

3.4 Deleted Note :

a. The project(s) should have fully completed. The Bidder shall submit proofs of such completion through provision of Work order and satisfactory Completion Certificates/SA from the client/s.

b. The documents uploaded should be clearly visible failing which Proposal shall be rejected. c. Technical Proposal shall be signed and stamped on each submission page by the Authorized

Representative d. The Bidder should have a dedicated core team with members as above. Additional support staff

in as specified above shall be proposed by the Bidder. The Bidder shall also provide a detailed work plan and short CVs of support staff as proposed for effective Project delivery.

e. Bidders shall submit their company details, financial details, project experience details in the Standard Form and this shall be considered for Eligibility qualification. Documentary proof for Project experience such as letter of award/ work order/contract agreement/completion certificates from client clearly indicating the nature/scope of work should be submitted. The proposals submitted without this documentary proof shall not be evaluated.

f. The Technical Bids of the Bidders fulfilling the minimum eligibility requirements will be checked for their completeness and responsiveness.

Based on the submitted Technical Bid, the Authority shall award marks as per the criteria specified as above and select the Shortlisted Bidders. Bidders must read carefully the conditions of eligibility provided herein.


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SECTION IV - FRAUD AND CORRUPT PRACTICES

4.1 The Applicants and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Selection Process. Notwithstanding anything to the contrary contained in this RFP, the Authority shall reject a Proposal without being liable in any manner whatsoever to the Applicant, if it determines that the Applicant has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice (collectively the “Prohibited Practices”) in the Selection Process. In such an event, the Authority shall, without prejudice to its any other rights or remedies, forfeit and appropriate the Performance Security, if available, as mutually agreed genuine pre-estimated compensation and damages payable to the Authority for, inter alia, time, cost and effort of the Authority, in regard to the RFP, including consideration and evaluation of such Applicant’s Proposal.

4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the rights

and remedies which the Authority may have under the LOA or the Agreement, if an Applicant or Consultant, as the case may be, is found by the Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Selection Process, or after the issue of the LOA or the execution of the Agreement, such Applicant or Consultant shall not be eligible to participate in any tender or RFP issued by the Authority during a period of 2 (two) years from the date such Applicant or Consultant, as the case may be, is found by the Authority to have directly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as the case may be.

4. 3 For the purposes of this Clause, the following terms shall have the meaning hereinafter

respectively assigned to them:

(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of any person connected with the Selection Process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the Authority who is or has been associated in any manner, directly or indirectly with the Selection Process or the LOA or has dealt with matters concerning the Agreement or arising therefrom, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the Authority, shall be deemed to constitute influencing the actions of a person connected with the Selection Process; or (ii) save as provided herein, engaging in any manner whatsoever, whether during the Selection Process or after the issue of the LOA or after the execution of the Agreement, as the case may be, any person in respect of any matter relating to the Project or the LOA or the Agreement, who at any time has been or is a legal, financial or technical consultant/ adviser of the Authority in relation to any matter concerning the Project;

(b) “fraudulent practice” means a misrepresentation or omission of facts or disclosure of incomplete facts, in order to influence the Selection Process;

(c) “coercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly, any persons or property to influence any person’s participation or


33 KSMC

action in the Selection Process;

(d) “undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by the Authority with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Selection Process; or (ii) having a Conflict of Interest; and

(e) “restrictive practice” means forming a cartel or arriving at any understanding or arrangement among Applicants with the objective of restricting or manipulating a full and fair competition in the Selection Process.


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SECTION V: PRE-PROPOSAL CONFERENCE (PRE-BID MEETING)

5.1 Pre-Proposal Conference of the Applicants shall be convened on the date, time and place as specified

in Clause 1.8. A maximum of two representatives of each Applicant shall be allowed to participate on production of an authority letter from the Applicant.

5.2 During the course of Pre-Proposal Conference, the Applicants will be free to seek clarifications and make suggestions for consideration of the Authority. The Authority shall endeavour to provide clarifications and such further information as it may, in its sole discretion, consider appropriate for facilitating a fair, transparent and competitive Selection Process.

5.3 Facility for attending the pre-proposal conference by the prospective bidders through video conferencing would be made by the Authority. In case if a prospective bidder is desirous in participating the pre-proposal conference through video conference shall at least 3 (three) working days before the scheduled pre-proposal conference request the Authority for participation by addressing a mail to email-id mentioned in clause 1.11. The link for attending the meeting shall be shared by the Authority at least a day before the pre-proposal conference.


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SECTION VI: MISCELLANEOUS 6.1 The Selection Process shall be governed by, and construed in accordance with, the laws of India and

the Courts in the State in which the Authority has its headquarters shall have exclusive jurisdiction over all disputes arising under, pursuant to and/or in connection with the Selection Process.

6.2 The Authority, in its sole discretion and without incurring any obligation or liability, reserves the

right, at any time, to:

(a) suspend and/or cancel the Selection Process and/or amend and/or supplement the Selection Process or modify the dates or other terms and conditions relating thereto;

(b) consult with any Applicant in order to receive clarification or further information; (c) retain any information and/or evidence submitted to the Authority by, on behalf of and/or in

relation to any Applicant; and/or (d) independently verify, disqualify, reject and/or accept any and all submissions or other

information and/or evidence submitted by or on behalf of any Applicant.

6.3 It shall be deemed that by submitting the Proposal, the Applicant agrees and releases the Authority, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the exercise of any rights and/or performance of any obligations hereunder, pursuant hereto and/or in connection herewith and waives any and all rights and/or claims it may have in this respect, whether actual or contingent, whether present or future.

6.4 All documents and other information supplied by the Authority or submitted by an Applicant shall remain or become, as the case may be, the property of the Authority. The Authority will not return any submissions made hereunder. Applicants are required to treat all such documents and information as strictly confidential.

6.5 The Authority reserves the right to make inquiries with any of the clients listed by the Applicants in their previous experience record.


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SCHEDULE-1

Terms of Reference (TOR)


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TERMS OF REFERENCE (TOR)

1. Background Karnataka State Minerals Corporation Limited (KSMCL) [formerly known as Mysore Minerals Limited] is one of the leading Government of Karnataka undertakings engaged in mining activities. The corporation which was established in 1966, has been a dynamic player in the Mining field and is responsible for the efficient harnessing of these resources.

KSMCL, today is a recognized name in the industry with high competent and scientific methods of mining to its credit. Capitalizing on the natural resource of Karnataka and acting as an agent of the State Government has made KSMCL a vital link in the local as well as global trade relations. KSMCL works with a strongly founded infrastructure that is designed to optimize time and effort. Retaining quality standards is a priority to ensure that the Corporation satisfies its clients from all over the world. KSMCL had established Granite Cutting and Polishing Unit as an 100% EoU in about 14 acres of land located along Arasikere Road, Katihalli (V), Hassan, Karnataka State. Since, the activities in this unit was stopped due to various administrative reasons, KSMCL proposes to develop an Integrated Technology Park in this land. A preliminary report for development of this 14 acres of land has been prepared by a reputed consultant. As per the Report it is planned to develop the project in phased manner and with following development mix:

1. Graded Technology Park on warm shell basis catering to:

- Local business needs

- IT/ITES incl. e–Commerce

- Start-ups and others - Shared workspaces/business centre

2. Pure play real estate

- Retail hypermarket with multiplex

- Serviced apartments

- Other civic amenities

Considering the magnitude and level of investments required for the project, KSMCL proposes to develop the project in phases as follows‘


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Phase-1

i) Development of Trunk infrastructure for entire project area of 14 acres (appx.6.10

lakh sq.ft.) ii) Retailhypermarketwithmultiplexcoveringbuilt-upareaof1,29,362sq.ft.(G+2) iii) Commercial/Officecoveringbuilt-upareaof52,724sq.ft(G+3)

Phase-2

KSMCL will decide based on response for the Phase-1 and outcome of this phase about development in the remaining land. Such development will be taken up either in Phase-2 or in subsequent phases as decided by KSMCL.

Considering the value and complexity of the project, KSMCL decided to engage a reputed Comprehensive Project Development Consultant for implementing the proposed project.

2. Scope of Work The Selected Consultant shall support KSMCL in overall management of the project, including project planning, designing, budgeting, DPR, selection of contractor, supervision, monitoring & evaluation, reporting and coordination to ensure timely development and implementation of the project as envisaged by KSMCL. Considering the comprehensiveness of the consultancy assignment, the assignment will be carried out in following three stages: Stage -1 : Design development Stage -2 :Transaction Advisory Stage -3 : Implementation Stage - Project Management Consultancy Following shall be the stage-wise broad scope of work (only indicative and not exhaustive) of the selected bidder: Stage -1 : Design Development Task – 1 : Development Plan

a) Overview and understanding the project as detailed in the report already prepared by the Consultant and available at KSMCL.

b) Furnish a site evaluation and analysis report with basic approach to Circulation, activity, distribution and interaction and external linkage.

c) KSMCL shall not provide the Topographic Survey Drawings & Soil Investigation Report to the consultant. However, it shall be the responsibility of consultant to carry out the Topographic Survey Drawings & Soil Investigation at his own cost. Further, consultant is not absolved of his responsibility of accuracy of his design on account of topographic survey/soil investigation. The Consultant is also responsible for collection of any data/information which he may need for his design from any relevant source including (but not limited to) statutory bodies, Power Distribution companies etc.

d) Report on Ultimate disposal point, intermediate rain water harvesting system and Source /


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availability of electricity, water and other services to be identified. e) In case of project requirement or as per the requirement of MOEF/State Govt. authorities, the

consultants shall assist KSMCL to conduct Rapid Environmental Impact Assessment (EIA) & furnish preliminary report on environmental impact of the project and finalize it after discussion with KSMCL clearly outlining the measures required for mitigating the adverse impact.

f) Prepare site plan (layout plan) for Trunk Infrastructure showing contours, features and services and facilities available, general layout of buildings and services, preliminary sketch and design with drawing, giving details of useful areas, services areas, circulation area and total plinth area and preliminary estimate to provide information in respect of magnitude of work and its component and service and cost of all such items involved. The Consultant should submit the design and modify it if considered necessary by KSMCL. Site inspections for finalization of above details shall be conducted by the Consultant.

g) Prepare plinth area rate estimate as per PWD norms. The estimate shall also include the non-SR items on prevailing market rate along with justification, specification.

h) Obtain the approval of KSMCL for the above drawings and documents i) Preparation & submission of perspective views of the complete Project as per requirement of

KSMCL j) The consultant shall prepare and give presentations on the project as and when required by

KSMCL and shall incorporate the changes desired by KSMCL without any extra cost. k) The Soil Bearing Capacity (SBC) will be taken as per Soil Investigation Report to be

obtained at the cost of consultant. Deliverable–1: Development Plan for the project along with Site Evaluation Report and Approved Site Plan along with estimated Cost of Project – Six copies along with soft copy. Task–2: Preliminary Planning for Phase 1

a) Prepare the concept architectural design proposal to submit to local body complete as per requirement of local bodies.

b) Assist the client in obtaining the approval of layout plan & drawing from the competent authority / statutory body, if necessary, according to the local Acts, laws, Regulations etc. and make any changes desired by such authorities. The approved/modified layout plan and drawings are to be submitted to KSMCL.

c) The consultant will incorporate eco-friendly building materials like fly ash bricks, low VOC paints energy efficient equipment & fixtures etc. as per prevailing government rules.

d) Design Drawings and Calculations for all the components of the project required for getting approvals from the concerned authorities.

e) The consultant shall discuss all the points/shortcomings/new requirements, if any with the Local bodies and other concerned authorities and shall take their concurrence on all the observations.

f) Undertake site visits or to attend meetings to collect details/data/information required for planning purposes, holding necessary discussions with KSMCL representatives/local bodies and obtaining requirements of the Project and attending meetings with officials of Local bodies/Authorities of State / Central Govt. / KSMCL or any other agency, as and when required.

g) To coordinate / assist in availing the following approvals / NOCs at the appropriate stages: i. Development Plan Approval for entire project area along with related NOCs and

approvals ii. Building Sanction Plan for the Phase-1 along with related NOCs and approvals


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Deliverable – 2: Draft Architectural Drawings and building approval drawings of Phase 1 project – Six copies along with soft copy. Task–3: Detailed Project Report for Phase-1 and Trunk Infrastructure for entire project area To prepare Detailed Project Report (DPR) which shall include: Detailed architectural drawings Engineering designs that are cost effective and using appropriate technology and materials, Cost and quantity estimates, BoQs and specifications consistent with relevant standards and Designs and Structural drawings. Standard technical specifications for graded commercial / office space on warm shell basis to be followed. Architectural design and preliminary planning of all internal and external utility services like

water supply, sewerage, storm water drainage, electrical, HVAC (Heating, Ventilation and Air-conditioning) Fire Alarm & Fire-fighting appliances acoustics, telephone conduit, street/compound lighting landscaping, Rain water harvesting, development plans showing roads, paths, parks, paved areas, drains, culverts, compound walls, external lighting, Electrical sub-station, DG sets, Lifts, graphic signage, security system, telecommunication system etc. indicating scope, specifications and costs separately of such sub-head. The scope of work shall be as defined above; however, KSMCL reserves the right to exclude any of the above services from the scope of the Consultants’ work.

Detailed Structural Drawings/Design Calculations for all the components of the project. Detailed Electrical/Mechanical Drawings/Design Calculations for all the components of the

projects including getting approvals from the concerned authorities. Detailed Technical specifications for all the non-scheduled items proposed in the project. Any other drawings/information’s/details required for completion and execution of work but not

mentioned above. Bills of quantities duly priced along with take-off sheets. All estimates shall be prepared on the

basis of Central/state schedule of rates, norms wherever applicable and on the basis of market rate analysis where Central/State schedule of rates etc. are not applicable. These estimates should be comprehensive and should include for all items. Detailed analysis for the item not included in State schedule of rates/DSR etc. shall have to be submitted.

The Structural design details shall be got proof checked by Consultant, if so ordered by statutory authorities through any of the Institution / Agencies approved by KSMCL. The consultant has the obligation to make as many required modifications in the design incorporating the observation of above authority and re-submit the design and drawing. Fees of proof checking institution/agency shall be reimbursed by tenderer.

Review applicable environmental laws/rules/regulations with a view to define the specific clearances/approvals required to be obtained by KSMCL and contractors from different organizations. Also prepare necessary documentation to facilitate KSMCL to obtain necessary clearances.

DPR shall suggest various revenue models and revenue streams and the consultant shall support KSMCL to operationalize revenue streams such as user fees, beneficiary charges and impact fees, etc.,

Consultant shall develop financial models, capital investment plans, finance and operating plans and resource mobilization strategy including options for PPP for the project.


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DPR suggest ways and means to access financing from Central / State Government Departments / institutions and other government and quasi government sources as per need.

DPR to suggest possibilities of dovetailing with other on-going government schemes for technical / financial completeness.

DPRs shall also include design of O&M phase, both in terms of the institutional arrangements and the financial means to ensure the subprojects provide sustainable services during their lifetime.

DPR will enable the KSMCL to establish the commercial attractiveness and bankability of the project.

Conduct and prepare rapid Environmental Impact Assessment and Management Plans if applicable

Deliverable -3: Detailed Project Report for Phase-1 and Trunk Infrastructure for entire project are along with all Documents and Drawings - six copies along with soft copy. Stage -II: Transaction Advisory for selection of Construction Contractor as per approved DPR. Task – 4: Financial Assessment and Preparation of Tender Document

a) Preparation of Financial feasibility b) Drafting Advertisement Notification for releasing in News Papers / Tender Bulletin. c) Preparation of Draft Tender Document covering information memorandum, eligibility

criteria, selection process, scope of work, evaluation method and other terms and conditions. The document also contains standard formats.

d) The tender document to be prepared in line with the guidelines of KTPP Act. e) Preparation of technical bid documents for technical and administrative sanctions from the

competent authority and assisting the client in obtaining the sanctions. Deliverable -5: Tender Document - two copies along with soft copy. Task – 5: Bid Management Services - Assistance to KSMCL in floating the Tender. - Coordination of pre-bid meetings, clarifications and other queries on Tender Document. - Evaluation of Technical and Financial proposals. - Drafting the contract with the selected bidder comprising GCC and SCC. - Coordination pre – award meetings / negotiations and issue of LoI. - Execution of contract with the selected bidder. Deliverable -5: Bid Management Report – Two copies Stage-III: Implementation Stage- Project Management Consultancy as per approved DPR Task – 6: Preparation of Working Drawings as per approved DPR. The preparation of detailed working Drawings/ good for construction (GFC) drawings with details incorporating services and schedule of quantities. This will include:-


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a) Preparation of working and detailed architectural and structural drawings and detailed estimate as per the latest Schedule of Rates of Karnataka PWD or any other Standard Schedule of Rates (SOR) for civil work, electrical works and PWD specifications for civil works.

b) General specifications for electrical works Part I (Internal), Part II (External), Part III (Lifts and escalators), Part IV (Substation), Part V (Wet riser and sprinklers system), Part VI (HVAC works), Part VII (DG sets) and other PWD specifications for services like substation, Air conditioning etc. for all items of the above work, including internal and external utility services, along with details of quantities (Bill of quantities), supporting calculations and details of structural design for whole of the work or in part to facilitate call tender in stages by KSMCL. For items not covered by the schedule of rates the Consultant would provide details specifications, description of the item and market rates.

c) To prepare & submit good for construction drawings & visit the sites of work regularly as per requirement of Local bodies / Authorities of State / Central Govt. to solve the problems of site & issue necessary clarifications/details of the Project.

d) Analysis of rates for Schedule and non-schedule items on current market rates of materials, labour and POL.

e) To prepare & submit required set of Tender Drawings, BOQ, Estimates, Specifications etc., f) Obtaining approval of local authorities, if any, and make changes required by them g) Preparation & submission of Detailed Engineering Drawings, Detailed specifications & list

of makes for all the equipment to be installed at site. Deliverable -6: Detailed Working Drawings for Phase-1 and Trunk Infrastructure for entire Project Area along with Technical Specifications, BoQ etc., Eight copies along with soft copy. Task – 7: Construction Supervision and Coordination

- Rendering services to plan and timely completion of the project by using latest project management tools.

- Represent the interest of the KSMCL vis-à-vis the Contractor in any manner related to the construction contract and the proper execution thereof

- Furnish for the use of the Contractor all necessary topographic survey data as required for setting out of all permanent and temporary works.

- Review and recommend for approval the Contractor's work schedule or revisions thereto and any such plans or programmes that the Contractor is obligedtofurnishforapproval.TheConsultantshallalsoprepareandsubmita disbursement schedule for approval.

- Assess the adequacy of all inputs such as materials and labour provided by the Contractor and his methods of work in relation to the required rate of progress and when required, take appropriate action in order to expedite progress. Keep and regularly update a list of the Contractor's equipment (and its condition) to ensure compliance with the Contractor's commitment in his bid

- Inspect and evaluate all Contractor's installations, shops and warehouses and other accommodation to ensure compliance with the terms and conditions of contract

- Examine and make recommendations on all claims from the Contractor for extension of time, extra compensation, work or expenses or other similar matters.


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- Compute quantities of approved and accepted work and materials and check, certify and make recommendations on the Contractor's Running Bills and final payment certificates. All payments shall be checked and countersigned by the Consultant. All Bills for payment shall accompany with necessary Quality control test reports.

- Prepare and submit weekly/monthly reports on the progress of works, the Contractor's performance, quality of works and the project's financial status and forecasts.

- Propose and present for the approval any changes in the Contract Documents that may be deemed necessary for the completion of works including information on any effect the changes may have on the contract amount and the time of completion of the project, and prepare all specifications and other details.

- Provide legal advice on possible Contractor's claims. - Inform on problems or potential problems, which arise in connection with the works

contract and make recommendations for possible solutions. - Maintain representatives at the site in such manner that adequate supervision of

construction works is ascertained at all times when the Contractor is working. - Provide timely assistance and direction to the Contract or in all matters related

to the interpretation of the Contract Documents, ground survey controls, quality control testing and other matters related to contract compliance and progress of the project.

- Organise the supervision of the works with proper allocation of responsibilities to the individual inspectors and supervise their work to ensure effective execution.

- Prepare and maintain inspection and engineering reports and records to adequately document the progress and performance of the works.

- Review and approve the Contractor’s working drawings, and drawings for temporary works. Perform all survey measurements of completed or partial works where required for the determination of quantities.

- Assure the receipts of, and maintain as permanent records, all warrants required under the terms of the Contract Documents for materials and equipment accepted and incorporated in the project. All local materials incorporated in their source are also to be approved.

- Monitor the materials laboratory set by the Contractor on the basis of the provisions in the work contract and perform all laboratory and field testing of materials and products needed to assure that the quality as specified in the contract documents is attained

- Inspect the safety aspects of the construction and temporary works to ensure that reasonable measures have been taken to protect life and property.

- Before the issuance of the certificate of provisional acceptance, the Consultant shall carry out the necessary inspection, specify and supervise any remedial works to be carried out and recommend upon completion the inspection with representatives of the Contracting Authority and assist in issuing the certificate of


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substantial completion. - Submit after review, to the Client one complete set of reproducible, revised

contract drawings showing the "as constructed" project, to the extent requested by KSMCL.

- Perform all other tasks not specifically mentioned above but which are necessary, and essential to successfully supervise and control all construction activities in accordance with the terms of the works contract.

- The consultant shall examine the actual progress achieved vis-à-vis, the accepted programme on regular basis. If any shortfall is noticed, the consultant shall study the reasons for such shortfall with specific reference to the inadequacies in deployment of men, material and machinery at the site. The consultant shall bring to the notice of the contractor to provide adequate men, material and machinery that are absolutely essential to wipe off the accumulated shortfall over a reasonable time frame and also to prevent such occurrences of shortfall in future.

- Provide KSMCL with all details of progress achieved vis-à-vis, the accepted programme on regular basis. If there are repeated slippages between the actual progress and programme notwithstanding the action taken by the consultant the consultant shall report to KSMCL with all the facts and figures including reasons for such repeated slippages in progress. The consultant shall assist KSMCL in issuing notices to the contractor for wiping off the accumulated shortfall within a reasonable time frame. The consultant shall also work out the penalties to be imposed as per the agreement and intimate to KSMCL for taking necessary action.

- The Consultant shall monitor the safety measures of the labours taken by the contractors and report shall be submitted accordingly to KSMCL.

- To organise liaison meetings between KSMCL and the Contractor at weekly intervals. The meetings would be attended by members of the supervision staff as necessary and would have the objective of expanding on the contents of the progress reports, discussing any problems and financial matters.

Deliverable – 7: Weekly -Progress Reports - By the end of each week – two copies along with softcopy. Weekly Progress Report: provide means of closely monitoring project progress and forecasting construction costs, and shall cover the following:

- Main activities, undertaken and events for the period and Progress Report on the activities of the Contractor and supervision staff

- Monitoring and Evaluation of project progress. - Project accounts, payments of approved bills, claims, certificates of payments

and variation orders. - Summary of consultant’s observations / results on Quality Control tests.

Deliverable – 7A: Monthly Progress Reports - By the 5th of each month - two copies along with softcopy.


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Monthly Progress Reports to include summary of activities and work progress achieved in the last months will be submitted in lieu of the weekly progress report for that week. Task – 8: Completion stage: a) Obtaining completion and occupation certificates, wherever necessary from the local

bodies after completion of work and inspection by Municipal/Fire/Electrical Inspectors and supply the same to KSMCL. For this purpose, any assistance required from KSMCL will be extended to the consultant. Any statutory fee payable to local bodies for issue of completion certificate shall be borne by KSMCL.

b) Review and approve the completion drawings prepared by the contractor; including 1:100 scale plans elevations and cross sections etc. indicating the details of the building and all internal and external services as completed and supply 4 sets of completion drawings to KSMCL and also hand over the original of the completion drawings to KSMCL. The changes, if any during the execution of work will be intimated by KSMCL to the contractors for preparation of above drawings.

c) Preparation & submission of completion reports, Operation & Maintenance Manual, completion of as built drawings and documents for the project as required and acceptable to KSMCL and Clients/local bodies/or any other authorities applicable including getting ‘completion certificate’ from concerned authorities, if required.

Assist KSMCL in Arbitration/Litigation case(s) that may arise out of the contract entered into, in respect of above work, regarding clarifications / interpretations, supply of drawings, designs, specifications as and when required. The consultants’ role will be limited to these clarifications only and unless specifically required by Arbitrator/Court, he shall not be required to participate in actual Arbitration/Litigation proceedings.

All reports and documents relevant to the services, maps, field survey notes, computer programs, etc. shall become the property of the KSMCL. The Consultant shall obtain and provide one reproducible copy each of constructional and as-built drawings. Deliverable – 8: Final Work Completion Report along with all documents / reports / drawings specified in Task -8: two copies.

Final Report will form a comprehensive record of the construction works including any changes or modification of designs, problems encountered and solutions recommended operational procedures, expenses and variations.

3. Schedule for Completion of Tasks

The entire task shall be completed in thirty-two months (including processing / approval time) from signing the Contract. In case client convinced that the assignment could not be completed within the specified period due to valid reasons; the client reserves the right to


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extend the time on mutually agreed terms.

4. Milestone for Payment Payment for selected Bidder shall be made as per following milestones:

Sl. No.

Milestone Timeline –

Months (Cumulative)

Extent of payment

(% of Contract

Value)

Payment - cumulative

Stage – 1: Design development

1

On submission and approval of Inception report (against submission of BG to the equivalent amt.)

1 10% 10%

2

Deliverable 1- Development Plan for the site area, Site Evaluation Report, Topographical and geotechnical surveys

2 5% 15%

3

On submission and approval of Deliverable 2- Draft Architectural, Drawings & Building approval drawings of Phase 1

3 10% 25%

4

On submission and approval of Deliverable 3 - Detailed Project Report for Phase-1 and Trunk Infrastructure for entire project

4 5% 30%

Stage – 2: Bid Management Stage

1 On submission and approval of Deliverable 4- Tender Document

5 5% 35%

2 On submission and approval of Deliverable 5 - Bid Management Report

7 5% 40%


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Stage – 3: Implementation Stage - Project Management Consultancy

1

On submission of Deliverable 6- Detailed Working Drawings for Phase-1

8 5% 45%

2 On reaching the financial Progress of 25%.

15% 60%

3 On reaching the financial Progress of 50%

10% 70%


15% 85%


30 10% 95%

6

On submission and approval of final work completion report including completion of 6 months post-construction period including commissioning and handing-over.

36 5% 100%

Note:

1. The Parties agree that for the purpose of payment of Consultancy Fee for deliverable set out in the above table, the Estimated Project Cost is considered to be Rs. 60 Crores. The payment for the Stage 1and Stage 2 shall be made on the basis of this Estimated Project Cost. Payment for the milestones in the Stage 3 shall be made based on Project Cost provided in the Detailed Project Report submitted as Milestone 3 or the awarded construction contract value, whichever is higher. In case there is a variance in the Estimated Project Cost assumed under this clause and such amount which is higher of the project cost in the Detailed Project Report and the awarded construction contract value, the associated variance in Consultancy Fee paid to Consultant for milestones in Stage 1 and stage 2 in the above table (increase/decrease) shall be adjusted from the payment to be made for Milestones in the Stage 3.

2. Further, the man-months towards the PMC staff provided in Clause 3.1.2(a) of this RFP is estimated based on the Estimated Project Cost of Rs. 68 Crores. Therefore, where there is a variance of +/- 10% of this Estimated Project Cost, in such cases, the proposed man-months towards the PMC staff [as referred in Clause 3.1.2(a)] shall be adjusted on pro-rata basis by the Consultant in consultation with the Authority.


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5. Other Terms and Conditions

5.1 Additions, Alterations and Variation:

a) KSMCL shall have the right to request in writing for additions, alterations, modifications or deletions in the design and drawing of any part of the work and to request in writing for additional work in connection therewith and the consultants shall comply with such requests without any extra cost. If any variations/additions/alterations which cause the consultant to change in time, scope and intent of the project, such variations shall be paid based on mutual agreed terms between Client and Consultant.

b) The consultant shall not make any material deviation, alteration, addition to or omission from the work except without first obtaining the written consent of KSMCL.

Variations: The overall variations in actual cost of project w.r.t the approved

estimated cost by more than 5% (five percent), Consultant shall be levied penalty maximum up to 10% of the consultancy fees and shall be recovered from their final bill. The decision of KSMCL in this regard shall be final and binding on the Consultant.

5.2 If the work in full or part is withdrawn by KSMCL, the same shall be withdrawn from the scope of consultant and proportionate consultancy fee shall be paid only up to the stage for which the consultancy work has been completed and the consultant shall have no further claim whatsoever on this account on KSMCL.

5.3 If any additional works are awarded by KSMCL, the consultant shall carry out additional work. However, this will be considered subject to the satisfactory performance of the consultant and the consultancy fee shall be calculated as per payments decided by KSMCL and consultant mutually and the consultant shall have no further claim whatsoever on this account of KSMCL.

5.4 Taxes

a) All taxes, Income Tax and any other leviable tax including GST in connection with the execution of the contract levied by the Statutory Authorities of /State/Central Govt. of India/State Govt. or any local authorities on the consultant in accordance with the applicable law shall be borne by the consultant and are deemed to be included in their bid price. The tenderers shall note that the Tax Deduction at Source (TDS) as per applicable law shall be made from the payments due/made to the consultants and which shall not be reimbursed.

b) Consultant has to mention GST in the invoice and amount of GST should be


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shown separately in the bill as per GST Rules as applicable from time to time. c) Any enhancement of taxes/duties (including GST) by the

authorities/Government of India/State Government, during currency of this contract shall be borne by the Consultant only and which shall not be reimbursed by KSMCL

5.5 Retention Money

a) 5% of the fee payable to the consultant shall be retained from first running bill as “Retention Money”, in addition to the Performance Guarantee.

b) TheretentionmoneywillbedischargedbyKSMCLandreturnedtotheconsultants after successful physical completion of the project at site and submission of completion drawings and documents to KSMCL and statutory bodies.

c) KSMCL reserve the right of forfeiture of the performance guarantee in additions to other claims and penalties in the event of the consultant’s failure to fulfil any of the contractual obligations or in the event of termination of contract as per terms and conditions of contract.

5.6 Completion period:

a) The overall completion period for the execution of this project shall be 32 months from the date of signing the contract.

b) If at any stage, the Project has been delayed by the acts of Client/funding authorities or by the deployed contractor for the work, suitable extension of time for completion of work shall be granted accordingly. However, the Consultant shall be compensated of the idling charges, if the delay is beyond 45 (forty-five) days. The payment thus made shall be on mutually agreed terms

c) Escalation/ Price Variation: No claim / additional fees on account of any price variation/Escalation on whatsoever ground shall be entertained at any stage of works. Quoted fees shall be firm and fixed for entire contract period for completion of the works.

5.7 Commencement of Work:

The commencement of work will be considered from the date of signing the contract. The Consultant has to submit detailed program of the work as per the below mentioned guidelines within 10 days from contract date. The time schedule submitted by the Consultant shall include time for obtaining required approvals, completion certificate etc. from local bodies. However, if delay is caused by the local bodies beyond reasonable control of the consultant, the KSMCL may consider such delays favorably.


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5.8 Compensation for Delay:

i. The time allowed for carrying out the work as specified in clause 7.6(a) shall be strictly observed by the consultants and shall be deemed to be the essence of the contract on the part of the consultants. The work shall throughout, the stipulated period of the contract, be processed with all diligence.

ii. Consultant will be required to complete the entire job within stipulated time. No extensionoftimeforcompletingthesameshallbegivenowingtoanyvariations made in the works by the orders of KSMCL, unless KSMCL allows the extension of time.

iii. In case the Consultant fails to complete the work within the Contract period or extended period as above owing to reasons attributable to Consultant, liquidated damages @ 1% per week of the total fees subject to a maximum of 10% of the total fees payable shall be levied on the Consultant. KSMCL shall be entitled to deduct such damages from the dues that may become payable to the consultant. If the work is held up at site due to non- availability of Drawings/Specifications/Other Details as per mutually agreed schedule, penalty, proportionate to the value of the work which is held up, shall be imposed on the consultant.

5.9 Abandonment of Work: a) If the consultant abandons the work for any reason whatsoever or become

incapacitated from acting as consultants as aforesaid, KSMCL may make full use of all or any of the drawings prepared by the consultants and that the consultants shall be liable to refund any excess fees paid to them up to that date plus such damages as may be assessed by KSMCL

b) If at any time after start of work, the KSMCL decides to abandon or reduce the scope of work for any reason whatsoever and hence not required the whole or any part of the works to be carried out, KSMCL shall give notice in writing to this effect to the Consultant and the consultant shall have no claim for any payment of compensation, or otherwise whatsoever, on account of any profit or advance which he might have derived from the execution of works in full but which he did not derive in consequence of the foreclosure of the whole or part of the work. In such case consultant shall be paid up to the stage in which the deliverables have been submitted for.

5.10 Termination:

a) KSMCL without any prejudice to its right against the consultants in respect of any

delay or otherwise or to any claims or damages in respect of any breaches of the contract and without prejudice to any right or remedies under any of the provisions of this contract may terminate the contract by giving one month’s notice in writing to the consultants and in the event of such termination, the consultants shall be liable to refund the excess payment, if any, made to them over and above what is due in terms of this agreement on the date of termination. KSMCL may make full use of all or any of the drawings prepared by the consultants.

b) In case due to any circumstances, KSMCL decides to curtail the scope of work or


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totally abandon the work, the payment to the consultants would be made based on Clause 6 above and approved preliminary estimate or estimated cost or awarded cost whichever is higher up to the stage of work executed by him immediately before taking such a decision.

5.11 Responsibilities for Accuracy of Project Proposals

a) The Consultant shall be responsible for the accuracy of the technical / financial data collected and the designs, drawings, quantities and estimates prepared by him as a part of the project. He shall indemnify KSMCL against any inaccuracy in the work, which might surface out at the time of ground implementation of the project. In such an eventuality, the consultant will be responsible to correct the drawings including re-investigations etc. as required without any extra cost implication on KSMCL

b) The Consultant shall fully indemnify KSMCL from and against all claims and proceedings for or on account of any infringement of any patent right, design, trade mark or name or other protected rights in respect of any construction work or material used for or in connection with the work or temporary works to the extend applicable for the Consultant.

c) KSMCL reserves the right to award the work of one or more sectors/area to one or more consultant. Nothing extra shall be paid on this account. Further the payment of consultancy fees shall be regulated as mentioned under the Clause 6.0 Milestone of Payment

5.12 Force Majeure Clause Consultant shall be granted extension of the completion date without any financial repercussion to cover the delay caused by the circumstances viz. incidence of war, invasion, revolution, sabotage, work shutdown imposed by Govt. agencies or legislature or other authorities, act of God, epidemics, fires, earth quakes, floods explosions, accidents, sea navigation blockages or any other acts or events whatsoever which are beyond the control of KSMCL and which shall directly or indirectly prevent completion of the works within the time specified in the agreement.

5.13 Withholding and Lien of Payment

Whether any claim or claims for payment of money arises out of or under the contract against the Consultant, KSMCL shall be entitled to withhold and also to have a lien to retain in whole or in part, performance guarantee and or to withhold and have a lien to retain in part or in full the payments due to the consultant, or any claims of the consultant, so as to cover the claimed amount till the claim arising out of or under the contract is determined by the competent authority / Court.

5.14 Jurisdiction


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The agreement shall be governed by the Indian Law for the time being in force and the Courts in Bengaluru, alone will have jurisdiction to deal with matter arising therefrom.

5.15 Foreclosure of Contract by KSMCL If at any time after the commencement of the work, KSMCL shall for any reason whatsoever if required to foreclose the work or is not require the whole work thereof asspecifiedinthetendertobecarriedout.KSMCLshallgivenoticeinwritingofthe fact to the consultant, who shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which he might have derived from the work in full, but which he did not derive in consequence of the foreclosure of the whole or part of the works. However, the consultant shall be entitled for the payment up to the stage in which the deliverables has been submitted.

5.16 Suspension of Works

a) The consultant shall, on receipt of the order in writing of KSMCL, suspend the progress of the works or any part thereof for such time and in such manner as KSMCL may consider necessary for any of the following reasons:

i) On account of any default on part of the consultant, or

ii) For proper execution of the works or part thereof for reason other than the default of the consultant, or

iii) If the work is partly or fully abandoned/suspended by KSMCL for any reasons

The consultant shall, during such suspension, properly protect and secure the works to the extent necessary and carry out the instructions given in that behalf KSMCL.

b) If the suspension is ordered for reasons (ii) and(iii) in sub-para (a) above.

i) The consultant shall be entitled to an extension of the time equal to the period of every such suspension plus 25%. No adjustment of contract price will be allowed for reasons of such suspension for a period of less than forty-five days.

ii) In the event of the consultant treating the suspension as an

abandonment of the Contract by KSMCL, he shall have no claim to payment of any compensation on account of any profit or advantage which he may have derived from the work in full or part. However, the Consultant shall be eligible to be paid up to the stage in which the deliverables have been submitted.


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6. Data, Services and Facilities to be provided by the Client

(a) Any document/reports/promo materials readily available with the client.

(b) Designated officer of the client will be available for discussion, as the task needs to be carried out in regular consultation with the client

(c) Clientwillissueletterofrequest,letterofauthorization,etc.,whereverrequiredfor use of consultant

7. Final outputs (i.e., reports, drawings, etc.) that will be required of the consultant

(i) Consultant shall submit all the outputs, reports, documents, drawings etc., as

specified in ToR. All drawings should be in colour.

(ii) TheConsultantshallsupplyfreeofchargetoKSMCLalltheestimates,detailsof quantities (BOQ),detailed designs, reports and any other details envisaged under the scope of work, including drawings architectural, structural, electrical, air conditioning or other services (internal and external).

(iii) Any extra sets of drawings, if required by KSMCL shall be supplied at mutually agreed cost. All these drawings will become the property of KSMCL. The drawing cannot be issued to any other person, firm or authority or used by the consultants for any other project. No copies of any drawing or document shall be issued to anyone except KSMCL and authorized representative of KSMCL.

(iv) The scrutiny of the drawing and designs by KSMCL if any, does not absolve the Architects of their responsibility under the contract. The Consultant shall remain solely responsible for structural soundness of the design and other services for all provisions of the contract so as to satisfy the particular requirement of the Architectural specifications.

(v) Consultant shall supply to KSMCL copies of all documents, instructions issued to Consultants, if any, relating to the work, drawings, specifications, bill of quantities and also other documents as may be required.

(vi) All designs and drawings shall be the property of KSMCL. The name and logo of KSMCL shall be predominantly displayed on all the drawings and documents.

(vii) The originals of approved completion drawings shall be on good quality reproducible tracing paper and soft copy of all the drawings & design shall have to be given on compact disc (CD). The proprietary rights of all the design shall remain with KSMCL


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8. Composition of Review Committee to Monitor Consultants Work KSMCL will constitute a Project Review Committee under the chairmanship of Managing Director, KSMCL to review the progress of assignment.

9. Procedure for Review of Progress Project Review Committee will review the progress of the work carried out by consultant on regular basis and as per the procedure to be evolved by the Committee

10. Additional Conditions:

10.1 Any bidder from a country which shares a land with India will be eligible to bid in this tender only if the bidder is registered with the Competent Authority.

a) “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in

certain contexts) means any person or firm or company, including any member of a consortium or joint venture (that is an association of several persons, or firms or companies), every artificial juridical person not falling in any of the descriptions of bidders stated hereinbefore, including any agency branch or office controlled by such person, participating in a procurement process.

10.2 “Bidder from a country which shares a land border with India” for the purpose of this Order means: a) An entity incorporated, established or registered in such a country; or b) A subsidiary of an entity incorporated, established or registered in such a country;

or c) An entity substantially controlled through entities incorporated, established or

registered or registered in such a country; or d) An entity whose beneficial owner is situated in such a country; or e) An Indian (or other) agent of such an entity; or f) A natural person who is a citizen of such a country; or g) A consortium or joint venture where any member of the consortium or joint

venture fails under any of the above

10.3 The beneficial owner for the purpose of above clause will be as under: (i) In case of a company or Limited Liability Partnership, the beneficial owner is

the natural person(s), who, whether acting alone or together, or through one or more juridical person, has a controlling ownership interest or who exercises control through other means. Explanation –

a) “Controlling ownership interest” means ownership of or entitlement to

more than twenty-five per cent of shares or capital or profits of the company;


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b) “Control” shall include the right to appoint majority of the directors or to control the management or policy decisions including by virtue of their shareholding or management rights or shareholders agreements or voting agreements;

(ii) In case of a partnership firm, the beneficial owner is the natural person(s) who, whether acting alone or together, or through one or more juridical person, has ownership of entitlement to more than fifteen per cent of capital or profits of the partnership;

(iii) In case of an unincorporated association or body of individuals, the beneficial owner is the natural person (s), who, whether acting alone or together, or through one or more juridical person, has ownership of or entitlement to more than fifteen per cent of the property or capital or profits of such association or body of individuals;

(iv) Where no natural person is identified under (i) or (ii) or (iii) above, the beneficial owner is the relevant natural person who holds the position of senior managing official;

(v) In case of a trust, the identification of beneficial owner(s) shall include identification of the author of the trust, the trustee, the beneficiaries with fifteen per cent or more interest in the trust and any other natural person exercising ultimate effective control over the trust through a chain of control or ownership.

10.4 An Agent is a person employed to do any act for another, or to represent another in

dealings with third person. 10.5 A certificate for having read the above clauses is required to be submitted/uploaded

by the tenderer separately in the following format: “I have read the clause regarding restrictions on procurement from a bidder of a country which shares a land border with India; I certify that this bidder is not from such a country or, if from such a country, has been registered with the Competent Authority. I hereby certify that this bidder fulfills all requirements in this regard and is eligible to be considered. (Where applicable, evidence of valid registration by the Competent Authority shall be attached)”

10.6 IN CASES WHERE SUB CONTRACTING IS APPROVED:

A certificate is required to be submitted / uploaded by the Tenderer in respect of sub-contracting separately in the following format: “I have read the clause regarding restrictions on procurement from a bidder of a country which shares a land border with India and on sub-contracting to contractors from such countries; I certify that this bidder is not from such a country or, if from such a country, has been registered with the Competent Authority and will not sub-contract any work to a contractor from such countries unless such contractor is registered with the Competent Authority. I hereby certify that this bidder fulfills all requirements in this regard and is eligible to be considered.[Where applicable, evidence of valid registration by the Competent Authority shall be attached.]”


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APPENDICES


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APPENDIX-I

(See Clause 2.1.3)

Form-1: TECHNICAL PROPOSAL

LETTER OF PROPOSAL

(On Applicant’s letter head)

Date:

To,

The General Manager (A&V), Karnataka State Minerals Corporation Limited, TTMC, ‘A’ Block, 5thFloor, BMTC Building, K H Road, Shantinagar, Bengaluru – 560 027.

Sir,

Subject: Selection of Comprehensive Project Development Consultant for DevelopmentofIntegratedTechnologyParkatHassan-TechnicalProposal.

---

1 With reference to your TD, I/We, having examined the Bidding Documents and

understood their contents, hereby submit my/our Proposal for the aforesaid Assignment. The Proposal is unconditional and unqualified.

2 All information provided in the Proposal and in the Appendices are true and correct.

3 This statement is made for the express purpose of qualifying as a Bidder for the

successful execution of the Assignment.

4 I/We shall make available to the Authority any additional information it may find necessary or require to supplement or authenticate the Bid.

5 I/We acknowledge the right of the Authority to reject our Proposal without

assigning any reason or otherwise and hereby waive my/our right to challenge the same on any account whatsoever.

6 I/We certify that in the last three years, I/We have neither failed to perform on any contract, as evidenced by imposition of a penalty or a judicial pronouncement or arbitration award, nor been expelled from any project or contract nor have had any contract terminated for breach on my/our part.


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7 I/ We declare that:

(a) I/We have examined and have no reservations to the Bidding Documents, including any Addendum issued by the Authority.

(b) I/We do not have any conflict of interest.

(c) I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as defined in the TD, in respect of any tender or request for proposal issued by or any agreement entered into with the Authority or any other public sector enterprise or any government, Central or State; and

(d) I/We hereby certify that we have taken steps to ensure that in conformity with the provisions of the TD, no person acting for me/us or on my/our behalf has engaged or will engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice.

8 I/We understand that you may cancel the Bidding Process at any time and that you are neither bound to accept any Proposal that you may receive nor to invite the Bidders to bid for the Project, without incurring any liability to the Bidders, in accordance with the TD.

9 I/We certify that in regard to matters other than security and integrity of the country, I/We have not been convicted by a Court of Law or indicted or adverse orders passed by a regulatory authority which could cast a doubt on our ability to undertake the Event or which relates to a grave offence that outrages the moral sense of the community.

10 I/We further certify that in regard to matters relating to security and integrity of the country, I/We have not been charge-sheeted by any agency of the Government or convicted by a Court of Law for any offence committed by us.

11 I/We further certify that I/We am/are not barred by the Central/ State Government, or any entity controlled by them, from participating in any project and the bar subsists as on the date of Bid, would not be eligible to submit a Bid.

12 I/We further certify that, in the last three years, I/We have neither failed to perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Bidder, nor been expelled from any project or contract nor have had any contract terminated for breach by such Bidder.

13 I/We further certify that no investigation by a regulatory authority is pending either against us or against our CEO or any of our Directors/


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Managers/employees.

14 I/We understand that in case the Selected Bidder is a foreign company, the

continued eligibility shall be subject to approval of the Authority from national security and public interest perspective. The decision of the Authority in this behalf shall be final and conclusive and binding on the Bidder.

15 I/We hereby irrevocably waive any right which we may have at any stage at law

or howsoever otherwise arising to challenge or question any decision taken by the Authority in connection with the selection of the Bidder, or in connection with the Bidding Process itself, in respect of the above mentioned Event and the terms and implementation thereof.

16 In the event of my/ our being declared as the Selected Bidder, I/We agree to enter into a Service Agreement in accordance with the draft that has been provided to me/us prior to the Bid Due Date. We agree not to seek any changes in the aforesaid draft and agree to abide by the same.

17 I/We understand that except to the extent as expressly set forth in the Service

Agreement, I/We shall have no claim, right or title arising out of any documents or information provided to me/us by the Authority or in respect of any matter arising out of or concerning or relating to the Bidding Process including the award of Right.

18 The Payment has been quoted by me/us after taking into consideration all the

terms and conditions stated in the TD, draft Services Agreement, my/our own estimates of costs and revenues and after a careful assessment of the site and all the conditions that may affect the Proposal.

19 I/We have remitted EMD in e-portal as per Tender Conditions

20 I/We agree and understand that the Proposal is subject to the provisions of the

Bidding Documents. In no case, I/We shall have any claim or right of whatsoever nature if the Event/ Right is not awarded to me/us or our Proposal is not opened.

21 I/We agree to keep this offer valid for 180 days from the Bid Due Date specified in the TD.

22 I/We agree and undertake to abide by all the terms and conditions of the TD

document.

In witness thereof, I/we submit this Proposal under and in accordance with the terms of


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the TD document.

Yours faithfully,

Signature of the Authorized signatory

(Name and designation of the Authorised signatory) Name and seal of Bidder

Date: Place:


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APPENDIX-I

Form-2: PARTICULARS OF THE APPLICANT 1.1 Title of Consultancy:

1.2 State the following: Name of Firm: Legal status (e.g. sole proprietorship or partnership): Country of incorporation: Registered address: Year of Incorporation: Year of commencement of business: Principal place of business: Name, designation, address and phone numbers of authorised signatory of the Applicant: Name: Designation: Company: Address: Phone No.: E-mail address:

1.3

For the Applicant, state the following information: (i) In case of non-Indian Firm, does the Firm have business presence in India? Yes/No

If so, provide the office address (es) in Karnataka, India. (ii) Has the Applicant been penalized by any organization for poor quality of work or

breach of contract in the last five years? Yes/No (iii) Has the Applicant ever failed to complete any work awarded to it by any public

authority/ entity in last five years? Yes/No (iv) Has the Applicant been blacklisted by any Government department/Public Sector

Undertaking in the last five years? Yes/No (v) Has the Applicant, suffered bankruptcy/insolvency in the last five years? Yes/No Note: If answer to any of the questions at (ii) to (v) is yes, the Applicant is not

eligible for this consultancy assignment. 1.4

(Signature, name and designation of the authorized signatory) For and on behalf of ………………..


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APPENDIX-I

Form-3: POWER OF ATTORNEY

Know all men by these presents, We, ......................................... (name of Firm and address of the registered office) do hereby constitute, nominate, appoint and authorise Mr / Ms........................................ son/daughter/wife and presently residing at ........................................, who is presently employed with/ retained by us and holding the position of .................... as our true and lawful attorney (hereinafter referred to as the “Authorised Representative”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our Proposal for SELECTION OF COMPREHENSIVE PROJECT DEVELOPMENT CONSULTANT FOR DEVELOPMENT (CPDC) FOR HASSAN IT PARK PROJECT, Karnataka by Government of Karnataka through Karnataka State Minerals Corporation Limited (the “Authority”) including but not limited to signing and submission of all applications, proposals and other documents and writings, participating in pre-bid and other conferences and providing information/ responses to the Authority, representing us in all matters before the Authority, signing and execution of all contracts and undertakings consequent to acceptance of our proposal and generally dealing with the Authority in all matters in connection with or relating to or arising out of our Proposal for the said Project and/or upon award thereof to us till the entering into of the Agreement with the Authority.

AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be done by our said Authorised Representative pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Authorised Representative in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, .................................................THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ........................................ DAY OF ...................., 20...... For ......................................................

(Signature, name, designation and address)

Witnesses:

1.

2.

Notarised


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Accepted

........................................

(Signature, name, designation and address of the Attorney)

Notes:

The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required the same should be under common seal affixed in accordance with the required procedure.

Wherever required, the Applicant should submit for verification the extract of the charter documents and other documents such as a resolution/power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Applicant.

For a Power of Attorney executed and issued overseas, the document will also have to be legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued. However, the Power of Attorney provided by Applicants from countries that have signed the Hague Legislation Convention, 1961 are not required to be legalised by the Indian Embassy if it carries a conforming Apostille certificate.


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APPENDIX-I

Form-4: FINANCIAL CAPACITY OF THE APPLICANT S. No. Financial Year Annual Revenue

(Indian Rs.) $

1.

2.

3.

Certificate from the Statutory Auditor$$

This is to certify that .................... (name of the Applicant) has received the payments shown above against the respective years on account of professional fees.

(Signature, name and designation of the authorized signatory)

Date: Name and seal of the audit firm:

$ In the event that the Applicant does not wish to disclose its Annual Revenue, it may state that it has

received more than the amount specified in the aforesaid certificate.

$$In case the Applicant does not have a statutory auditor, it shall provide the certificate from its

chartered accountant that ordinarily audits the annual accounts of the Applicant.

Note:

1. Please do not attach any printed Annual Financial Statement.


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APPENDIX-I

Form-5: PARTICULARS OF KEY PERSONNEL

S. No.

Designation of Key Personnel

Name Educational Qualification

Length of Professional Experience

Present Employment Task Assigned

Name of Firm Employed Since

(1) (2) (3) (4) (5) (6) (7) (8)


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APPENDIX-I

Form-6: FORMAT FOR EXPERIENCE CITATIONS

Assignment Name

Country

Project Location within the Country Professional Staff provided

by your Firm/ Company Name of Client No. of Staff

No. of Person Months

Start Date Completion Date Approx. Value of Services

Total Project Cost: Name of Associated Firms (s)if any No. of Professional Staff

Months provided by Associated Firms(s)

Name of Senior Staff(Project Director/ Coordinator, Team Leader)involved and functions Performed

Detailed Narrative Description of Project

Detailed Description of Actual Services Provided by your Firm

Note :

1 Provide details for maximum number of assignments (as per the above Table), as the number of eligible assignments undertaken will be considered at the time of technical evaluation.

2 Documentary proof such as Service Agreement / Completion Certificates issued by the Client shall be provided for all the assignments listed above. Such Certificates shall include details required for confirming Eligibility Criteria / technical evaluation. Documentary proof in the form of Completion Certificate to be submitted.


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APPENDIX-I

Form-7: FORMAT FOR CURRICULUM VITAE (CV) OF PROFESSIONAL PERSONNEL

1.Name:

2. Position:

3. Date of Birth:

4. Education:

5. Employment Record

From To Company Position Held

6. Brief Profile

7. Countries of Work Experience

8. Languages

9. Representative Projects

Nature of Work:

Year:

Location:

Company:

Position Held:

Main Features:

Activities Performed:

Nature of Work:

Year:

Location:

Company:

Position Held:

Main Features:

Activities Performed: Signature: Name:

APPENDIX-I


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APPENDIX-I

Form-8 A: COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF REFERENCE AND ON DATA, SERVICES, AND FACILITIES TO BE PROVIDED BY THE CLIENT

On the Terms of Reference:

1. 2. 3. 4. 5.

On the data, services, and facilities to be provided by the Client

1. 2. 3. 4. 5.


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APPENDIX-I

Form-8 B: APPROACH AND METHODOLOGY, WORK PLAN


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APPENDIX-I

Form-9: TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

Months (in the form of a Bar Chart)

Sl. Name Positio Deliverables/Activities 1 2 3 4 5 6 7 8 9 10 11 12 Number of Months

1.

2.

Subtotal (1)

3.

Subtotal (2)

4.

Subtotal (3)

Subtotal (4)


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APPENDIX-I

Form-10: ACTIVITY (WORK) SCHEDULE

Week wise Program (in form of Bar Chart) [1st, 2nd, etc. are months from the start of assignment]

Sl. No.

Item of Activity (Work)

1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th


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APPENDIX-I

Form-11: FINANCIAL PROPOSAL SUBMISSION FORM (This is only for reference. Provision for uploading Financial Proposal Format ine-portal has been disabled w.e.f. 14.08.2017. Bidders are requested to enter the Financial Proposal amount in the relevant slot provided in e-portal.)

[Location, Date] FROM: (Name of Consultant)

To,

The General Manager (A&V), Karnataka State Minerals Corporation Limited,

TTMC, ‘A’ Block, 5thFloor, BMTC Building, K H Road, Shantinagar, Bengaluru – 560027.

Sir, Subject: Selection of Comprehensive Project Development

Consultant for Development of Integrated Technology Park at Hassan-Financial Proposal.

We, the undersigned, offer to provide the above services in accordance with your Tender Document and our Proposal (technical and Financial Proposals). Our financial proposal for providing Comprehensive Project Development Consultancy is xxxxxxxxxx Percentage of the project cost as per the DPR to be prepared by the selected consultant or the awarded construction contract value whichever is higher (“Contract Value”). Our proposal is inclusive of GST applicable from time to time.

Our financial proposal shall be binding upon us subject to the modifications resulting from contract negotiations, up to expiration of the validity period of the Proposal.

We undertake that, in competing for (and, if the award is made to us, in executing the above contract), we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act 1988”.

We understand you are not bound to accept any Proposal you receive.

Yours sincerely,

Authorized Signature:

Name and Title of Signatory: Name of the Consultant: Address:


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SECTION VII: DRAFT CONTRACT FOR CONSULTANT’S SERVICES

For

[NAME OF THE PROJECT]

Between

Karnataka State Mineral Corporation Limited

and

[Name of Consultants]


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CONTENTS

I. FORM OF CONTRACT

II. GENERAL CONDITIONS OF CONTRACT

1. General Provisions

1.1 Definitions 1.2 Law Governing the Contract 1.3 Language 1.4 Notices 1.5 Location 1.6 Authorized Representatives 1.7 Taxes and Duties

2. Commencement, Completion, Modification, and

of Contract

2.1 Effectiveness of Contract 2.2 Commencement of Services 2.3 Expiration of Contract 2.4 Modification 2.5 Force Majeure

2.5.1 Definition 2.5.2 No Breach of Contract

2.5.3 Extension of Time

2.6

2.5.4 Payments

Suspension

2.7 Termination

2.7.1 By the Client 2.7.2 By the Consultants 2.7.3 Cessation of Rights and Obligations 2.7.4 Cessation of Services 2.7.5 Payment upon Termination 2.7.6 Disputes about Events of Termination

3. Obligations of the Consultants

3.1 General

3.2 Conflict of Interests

3.2.1 Consultants not to Benefit from Commissions, Discounts, etc

3.2.2 Procurement Rules of Funding Agencies 3.2.3 Consultants and Affiliates Not to Engage in certain

Activities

3.2.4 Prohibition of Conflicting Activities

3.3 Confidentiality


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III. SPECIAL CONDITIONS OF CONTRACT

IV APPENDICES

Appendix A — Description of the Services Appendix B — Reporting Requirements Appendix C — Key Personnel and Sub-consultants Appendix D — Services and facilities provided by the Client Appendix E — Form of Bank Guarantee for Advance Payments


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I. FORM OF CONTRACT This CONTRACT (hereinafter called the "Contract") is made the ________ day of the month of ______, 2021, between, on the one hand, ____________________ (hereinafter called the "Client")

and,

On the other hand, _____________________________________________ (hereinafter called the "Consultant"). or “...(hereinafter called the "Client") and, on the other hand, a Consortia Lead by ________ and consisting of the following entities as member, each of which will be jointly and severally liable to the Client for all the Consultants' obligations under this Contract, namely, __ and __________________ (hereinafter called the "Consultants.")”].

WHEREAS

(a) the Client has requested the Consultants to provide certain consulting services

as defined in the General Conditions of Contract attached to this Contract (hereinafter called the "Services");

(b) the Consultants, having represented to the Client that they have the required

professional skills, and personnel and technical resources, have agreed to provide the Services on the terms and conditions set forth in this Contract; and

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of this

Contract:

(a) The General Conditions of Contract (hereinafter called "GC");

(b) The Special Conditions of contract (hereinafter called "SC");

(c) The following Appendices: Appendix A: Description of the Services Appendix B: Reporting Requirements Appendix C: Key Personnel and Sub-consultants Appendix D: Services and facilities provided by the Client Appendix E: Form of Guarantee for Advance Payments

2. The mutual rights and obligations of the Client and the Consultants shall be as set

forth in the Contract; in particular:

(a) The Consultants shall carry out the Services in accordance with the provisions of the Contract; and


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(b) The Client shall make payments to the Consultants in accordance with the provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.

FOR AND ON BEHALF OF [NAME OF THE CLIENT]

By

(Authorized Representative)

FOR AND ON BEHALF OF [NAME OF THE CONSULTANTS]

By (Authorized Representative)

FOR AND ON BEHALF OF EACH OF THE MEMBERS OF THE CONSULTANTS

[Name of the Member]


[Name of the Member]


Witness 1: Witness 2:


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II. GENERAL CONDITIONS OF CONTRACT 1. GENERAL PROVISIONS 1.1 Definitions

Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings:

(a) "Applicable Law" means the laws and any other instruments having the force

of law in India, as they may be issued and in force from time to time;

(b) "Contract" means the Contract signed by the Parties, to which these General Conditions of Contract (GC) are attached, together with all the documents listed in Clause 1 of such signed Contract;

(c) “Effective Date” means the date on which this Contract comes into force and

effect pursuant to Clause GC 2.1

(d) “Contract Price” means the price to be paid for the performance of the Services, in accordance with Clause 6;

(e) "GC" means these General Conditions of Contract;

(f) "Government" means the Government of Karnataka;

(g) "Local currency" means Indian Rupee;

(h) "Member", in case the Consultants consist of Consortia of more than one entity, means any of these entities, and "Members" means all of these entities; ‘Lead Member’ means the entity specified in the SC to act on their behalf in exercising all the Consultants’ rights and obligations towards the Client under this Contract. – Not Applicable

(i) "Party" means the Client or the Consultants, as the case may be, and Parties

means both of them;

(j) "Personnel" means persons hired by the Consultants or by any Sub-consultant as employees and assigned to the performance of the Services or any part thereof; and ‘key personnel’ means the personnel referred to in Clause GC4.2 (a)

(k) "SC" means the Special Conditions of Contract by which these General

Conditions of Contract may be amended or supplemented;

(l) "Services" means the work to be performed by the Consultants pursuant to this Contract as described in Appendix A; and

(m) "Sub-consultant" means any entity to which the Consultants subcontract any


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part of the Services in accordance with the provisions of Clauses 3.5 and 4.

(n) ‘Third party” means any person or entity other than the Government, the Client, the Consultants, or a Sub-Consultant.

1.2 Law Governing the Contract

This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law.

1.3 Language

This Contract has been executed in English language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.

1.4 Notices

Any notice, request or consent made pursuant to this Contract shall be in writing and shall be deemed to have been made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail or facsimile to such Party at the address specified in the SC.

1.5 Location

The Services shall be performed at Bengaluru/Hassan, Karnataka, India. 1.6 Authorized Representatives

Any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the Client or the Consultants may be taken or executed by the officials specified in the SC.

1.7 Taxes and Duties

The Consultants, Sub-consultants and their Personnel shall pay such taxes, duties, fees and other impositions as may be levied under the Applicable Law, the amount of which is deemed to have been included in the Contract Price.

2. Commencement, Completion, Modification and termination of Contract 2.1 Effectiveness of Contract

This Contract shall come into effect on the date the Contract is signed by both Parties or such other later date as may be stated in the SC.

2.2 Commencement of Services

The Consultants shall begin carrying out the Services within seven (07) days after the date the Contract becomes effective, or at such other date as may be specified in the SC.

2.3 Expiration of Contract

Unless terminated earlier pursuant to Clause 2.7, this Contract shall terminate at the end of such time period after the Effective Date as is specified in the SC.


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2.4 Modification

Modification of the terms and conditions of this Contract, including any modification of the scope of the Services or of the Contract Price, may only be made by written agreement between the Parties.

2.5 Force Majeure

2.5.1 Definition

For the purposes of this Contract, "Force Majeure" means an event which is beyond the reasonable control of a Party, and which makes a Party's performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances.

2.5.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations under the contract shall not be considered to be a breach of, or default under this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the occurrence of such an event.

2.5.3 Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.

2.5.4 Payments

During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consultants shall be entitled to continue to be paid under the terms of this Contract, as well as to be reimbursed for additional costs reasonably and necessarily incurred by them during such period for the purposes of the Services and in reactivating the Service after the end of such period.

2.6 Suspension:

The Client may by written notice of suspension to the Consultants, suspend all payments to the Consultants hereunder if the Consultants fail to perform any of their obligations under this contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such failure within a period not exceeding thirty (30) days after receipt by the Consultants of such notice of suspension.


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2.7 Termination 2.7.1 By the Client

The Client may terminate this Contract, by not less than thirty (30) days’ written notice of termination to the Consultants, to be given after the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause 2.7.1 and sixty (60) days’ in the case of the event referred to in (e):

(a) if the Consultants do not remedy a failure in the performance of their obligations

under the Contract, within thirty (30) days of receipt after being notified or within such further period as the Client may have subsequently approved in writing;

(b) if the Consultants (or any of their Members) become insolvent or bankrupt;

(c) if, as the result of Force Majeure, the Consultants are unable to perform a

material portion of the Services for a period of not less than sixty (60) days; or

(d) if the consultant, in the judgment of the Client has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

For the purpose of this clause:

“corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the selection process or in contract execution.

“fraudulent practice” means a misrepresentation of facts in order to influence a selection process or the execution of a contract to the detriment of GOK, and includes collusive practice among consultants (prior to or after submission of proposals) designed to establish prices at artificial non-competitive levels and to deprive GOK of the benefits of free and open competition.

(e) if the Client, in its sole discretion and for any reason whatsoever, decides to

terminate this Contract.

(f) Deleted

2.7.2 By the Consultants

The Consultants may terminate this Contract, by not less than thirty (30) days' written notice to the Client, such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (c) of this Clause 2.7.2:

(a) if the Client fails to pay any monies due to the Consultants pursuant to this

Contract and not subject to dispute pursuant to Clause 7 hereof within forty-five (45) days after receiving written notice from the Consultants that such payment is overdue;


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(b) If the Client is in material breach of its obligations pursuant to this Contract and

has not remedied the same with in forty-five (45) days (or such longer period as the Consultants may have subsequently approved in writing) following the receipt by the Client of the Consultants’ notice specifying such breach;

(c) if, as the result of Force Majeure, the Consultants are unable to perform a material portion of the Services for a period of not less than sixty (60) days.

2.7.3 Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clause GC 2.7, or upon expiration of this Contract pursuant to Clause GC 2.3, all rights and obligations of the Parties hereunder shall cease, except :

(i) such rights and obligations as may have accrued on the date of termination or

expiration;

(ii) the obligation of confidentiality set forth in Clause GC 3.3 hereof;

(iii) the Consultants’ obligations to permit inspection, copying and auditing of their accounts and records set forth in Clause GC3.5 (ii) hereof; and

(iv) any right which a Party may have under the Applicable Law.

2.7.4 Cessation of Services

Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GC 2.7.1 or GC 2.7.2 hereof, the Consultants shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Consultants and equipment and materials furnished by the Client, the Consultants shall proceed as provided, respectively, by Clauses GC 3.8 and GC 3.9.

2.7.5 Payment upon Termination

Upon termination of this Contract pursuant to Clauses GC 2.7.1 or GC 2.7.2 hereof, the Client shall make the following payments to the Consultants (after offsetting against these payments any amount that may be due from the Consultant to the Client)):

(a) remuneration pursuant to Clause GC 6 hereof for Services

satisfactorily performed prior to the effective date of termination; 2.7.6 Disputes about Events of Termination


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If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause GC 2.7.1 or in Clause GC 2.7.2 hereof has occurred, such Party may, within forty-five (45) days after receipt of notice of termination from the other Party, refer the matter to the Arbitration Centre - Karnataka (Domestic & International) Rules 2012, pursuant to Clause GC 7 hereof, and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award.

3. Obligations of the Consultants 3.1 General

The Consultants shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management practices, and employ appropriate advanced technology and safe and effective equipment, machinery, materials and methods. The Consultants shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the Client, and shall at all times support and safeguard the Client's legitimate interests in any dealings with Sub-consultants or Third Parties.

3.2 Conflict of Interests

3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc.

The remuneration of the Consultants pursuant to Clause GC 6 hereof shall constitute the Consultants' sole remuneration in connection with this Contract or the Services and the Consultants shall not accept for their own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations hereunder, and the Consultants shall use their best efforts to ensure that any Sub-consultants, as well as the Personnel and agents of either of them, similarly shall not receive any such additional remuneration.

3.2.2 Procurement Rules of Funding Agencies

If the Consultants, as part of the Services, have the responsibility of advising the Client on the procurement of goods, works or services, the Consultants shall comply with any applicable procurement guidelines of the funding agencies and shall at all times exercise such responsibility in the best interest of the Client. Any discounts or commissions obtained by the Consultants in the exercise of such procurement responsibility shall be for the account of the Client.

3.2.3 Consultants and Affiliates Not to engage in Certain Activities

The Consultants agree that, during the term of this Contract and after its termination, the Consultants and any entity affiliated with the Consultants, as well as any Sub-consultant and any entity affiliated with such Sub-consultant, shall be disqualified from providing goods, works or services


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(other than the Services and any continuation thereof) for any project resulting from or closely related to the Services.

3.2.4 Prohibition of Conflicting Activities

The Consultants shall not engage, and shall cause their Personnel as well as their Sub consultants and their Personnel not to engage, either directly or indirectly, in any of the following activities:

(a) during the term of this Contract, any business or professional

activities in GOK which would conflict with the activities assigned to them under this Contract;

(b) During the term of this Contract, any business or professional activities with the Contractor or its Associates / Subsidiaries / Consultants which would conflict with the activities assigned to them under this Contract or would provide undue benefit to the Contractor, and

(c) after the termination of this Contract, such other activities as may be specified in the SC.

3.3 Confidentiality

The Consultants, their Sub-consultants and the Personnel of either of them shall not, either during the term or within two (2) years after the expiration of this Contract, disclose any proprietary or confidential information relating to the Project, the Services, this Contract or the Client's business or operations without the prior written consent of the Client.

3.4 Insurance to be Taken Out by the Consultants

The Consultants (i) shall take out and maintain, and shall cause any Sub-consultants to take out and maintain, at their (or the Sub-consultants', as the case may be) own cost but on terms and conditions approved by the Client, insurance against the risks, and for the coverages, as shall be specified in the SC, and (ii) at the Client's request, shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums therefor have been paid.

3.5 Accounting, Inspection and Auditing

The Consultants (i) shall keep accurate and systematic accounts and records in respect of the Services, hereunder, in accordance with acceptable Indian accounting principles and in such form and detail as will clearly identify all relevant time charges and cost, and the bases thereof (including such bases as may be specifically referred to in the SC); (ii) shall permit the Client or its designated representative periodically, and up to one year from the expiration or termination of this Contract, to inspect the same and make copies thereof as well as to have them audited by auditors appointed by the Client.


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3.6 Consultants' Actions Requiring Client's Prior Approval

The Consultants shall obtain the Client's prior approval in writing before taking any of the following actions:

(a) entering into a subcontract for the performance of any part of the Services, it

being understood (i) that the selection of the Sub-consultant and the terms and conditions of the subcontract shall have been approved in writing by the Client prior to the execution of the subcontract, and (ii) that the Consultants shall remain fully liable for the performance of the Services by the Sub consultant and its Personnel pursuant to this Contract; and

(b) appointing such members of the Personnel as are listed in Appendix C

("Consultants' Sub consultants’ Key Personnel") merely by title but not by name;

(c) for commencing with every stage / sub-stage of services envisaged in the

terms of reference. (d) any other action that may be specified in the SC.

3.7 Reporting Obligations

The Consultants shall submit to the Client the reports and documents specified in Appendix B hereto, in the form, in the numbers and within the time periods set forth in the said Appendix.

3.8 Documents Prepared by the Consultants to be the Property of the Client

All plans, drawings, specifications, designs, reports, other documents and software prepared by the Consultants for the Client under this Contract shall become and remain the property of the Client, and the Consultants shall, not later than upon termination or expiration of this Contract, deliver all such documents to the Client, together with a detailed inventory thereof. The Consultants may retain a copy of such documents and software. Restrictions about the future use of these documents and software, if any, shall be specified in the SC.

3.9 Equipment and Materials Furnished by the Client

Equipment and materials made available to the Consultants by the Client, or purchased by the Consultants with funds provided by the Client, shall be the property of the Client and shall be marked accordingly. Upon termination or expiration of this Contract, the Consultants shall make available to the Client an inventory of such equipment and materials and shall dispose of such equipment and materials in accordance with the Client's instructions. While in possession of such equipment and materials, the Consultants, unless otherwise instructed by the Client in writing, shall insure them at the expense of the Client in an amount equal to their full replacement value.


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3.10 Indemnity to Client The Consultant shall indemnify the Client from all risks arising out of any dispute with its sub-consultants

4. Consultants' Personnel and Sub-consultants 4.1 General

The Consultants shall employ and provide such qualified and experienced Personnel and Sub-consultants as are required to carry out the Services.

4.2 Description of Personnel

(a) The titles, agreed job descriptions, minimum qualification and estimated periods of engagement in the carrying out of the Services of each of the Consultants' Key Personnel are described in Appendix C. If any of the Key Personnel has already been approved by the clients his/her name is listed as well.

(b) If required to comply with the provisions of Clause GCC 3.1.1 hereof,

adjustments with respect to the estimated periods of engagement of Key Personnel set forth in Appendix C may be made by the Consultants by written notice to the Client and prior approval of the client, provided (i) that such adjustments shall not alter the originally estimated period of engagement of any individual by more than 10% or one week, whichever is larger, and (ii) that the aggregate of such adjustments shall not cause payments under this Contract to exceed the ceilings set forth in Clause GC 6.1(b) of this Contract. Any other such adjustments shall only be made with the Client's written approval.

(c) If additional work is required beyond the scope of the Services specified in

Appendix A, the estimated periods of engagement of Key Personnel set forth in Appendix C may be increased by agreement in writing between the Client and the Consultants, provided that any such increase shall not, except as otherwise agreed, cause payments under this Contract to exceed the ceilings set forth in Clause GC 6.1(b) of this Contract.

4.3 Approval of Personnel

The Key Personnel and Sub-consultants listed by title as well as by name in Appendix C are hereby approved by the Client. In respect of other Key Personnel which the Consultants propose to use in the carrying out of the Services, the Consultants shall submit to the client for review and approval a copy of their biographical data. If the Client does not object in writing (stating the reasons for the objection) within twenty-one (21) calendar days from the date of receipt of such biographical data, such Key Personnel shall be deemed to have been approved by the Client.

4.4 Working Hours, Overtime, Leave, etc.


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(a) Working hours and holidays for Key Personnel are set forth in Appendix C.

(b) Deleted

4.5 Removal and/or Replacement of Personnel

(a) Except as the Client may otherwise agree, no changes shall be made in the Key Personnel. If, for any reason beyond the reasonable control of the Consultants, it becomes necessary to replace any of the Personnel, the Consultants shall forthwith provide as a replacement a person of equivalent or better qualifications.

(b) If the Client (i) finds that any of the Personnel has committed serious

misconduct or has been charged with having committed a criminal action, or (ii) has reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Consultants shall, at the Client's written request specifying the grounds therefor, forthwith provide as a replacement a person with qualifications and experience acceptable to the Client.

(c) Any of the Personnel provided as a replacement under Clauses (a) and (b)

above, the rate of remuneration applicable to such person as well as any reimbursable expenditures the Consultants may wish to claim as a result of such replacement, shall be subject to the prior written approval by the Client. Except as the Client may otherwise agree, (i) the Consultants shall bear all additional travel and other costs arising out of or incidental to any removal and/or replacement, and (ii) the remuneration to be paid for any of the Personnel provided as a replacement shall not exceed the remuneration which would have been payable to the Personnel replaced.

4.6 Team Leader

The Consultants shall ensure that at all time during the Consultants' performance of the Services, the Team Leader shall take charge of the performance of such Services and shall be available for all meetings / discussions called by the Client including at short notice.

5. Obligations of the Client 5.1 Assistance and Exemptions

Unless otherwise specified in the SC, the Client shall use its best efforts to ensure that the Client shall:

(a) issue to officials, agents and representatives of the Government all such

instructions as may be necessary or appropriate for the prompt and effective implementation of the Services;


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(b) assist the Consultants and the Personnel and any Sub-consultants employed by the Consultants for the Services from any requirement to register or obtain any permit to practice their profession or to establish themselves either individually or as a corporate entity according to the Applicable Law;

(c) provide to the Consultants, Sub-consultants and Personnel any such other

assistance as may be specified in the SC. 5.2 Access to Land

The Client warrants that the Consultants shall have, free of charge, unimpeded access to all land in the Government's country in respect of which access is required for the performance of the Services. The Client will be responsible for any damage to such land or any property thereon resulting from such access and will indemnify the Consultants and each of the Personnel in respect of liability for any such damage, unless such damage is caused by the default or negligence of the Consultants or any Sub-consultant or the Personnel of either of them.

5.3 Services, Facilities and Property of the Client

The Client shall make available to the Consultants and the Personnel, for the purposes of the services and free of any charge, the services, facilities and property described in Appendix D at the times and in the manner specified in said Appendix D, provided that if such services, facilities and property shall not be made available to the Consultants as and when so specified, the Parties shall agree on (i) any time extension that it may be appropriate to grant to the Consultants for the performance of the Services, (ii) the manner in which the Consultants shall procure any such services, facilities and property from other sources, and (iii) the additional payments, if any, to be made to the Consultants as a result thereof pursuant to Clause GC 6.1(c) hereinafter.

5.4 Payment In consideration of the Services performed by the Consultants under this Contract, the Client shall make to the Consultants such payments and in such manner as is provided by Clause GC 6 of this Contract.

6. Payments to the Consultants

Payment to the Consultant shall be payable on completion of milestones as in 6.1.(1) of SC

6.1 Cost Estimates; Ceiling Amount

An estimate of the cost of the Services payable in local is set forth in Appendix E. 6.2 Remuneration

The Client shall pay to the Consultant remuneration as set forth in Clause GC 6. The remuneration shall not be subject to any price adjustment.


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6.3 Currency of Payment

All payments (Remuneration and Reimbursable) shall be made in Indian Rupees

6.4 Mode of Billing and Payment

Billing and payments in respect of the Services shall be made as follows:

(a) The Client shall cause to be paid to the Consultants an advance payment as specified in the SC, and as otherwise set forth below. The advance payment will be due after provision by the Consultants to the Client of a bank guarantee by a bank acceptable to the Client in an amount specified in the SC, such bank guarantee (i) to remain effective until the advance payment has been fully set off as provided in the SC, and (ii) to be in the form set forth in Appendix F hereto or in such other form as the Client shall have approved in writing.

(b) As soon as practicable and not later than fourteen (14 days) after the end of

each calendar month during the period of the Services, the Consultants shall submit to the Client, in duplicate, itemized statements, accompanied by copies of receipted invoices, vouchers and other appropriate supporting materials (wherever the reimbursable expenditure is as per actual), of the amounts payable pursuant to Clauses GC 6.3 and 6.4 for such month. Each monthly statement shall distinguish that portion of the total eligible costs which pertains to remuneration from that portion which pertains to reimbursable expenditures.

(c) The Client shall cause the payment of the Consultants within forty five (45)

days after the receipt by the Client of bills with supporting documents (if required). Only such portion of a monthly statement that is not satisfactorily supported may be withheld from payment. Should any discrepancy be found to exist between actual payment and costs authorized to be incurred by the Consultants, the Client may add or subtract the difference from any subsequent payments. Interest at the rate specified in the SC shall become payable as from the above due date on any amount due by, but not paid on, such due date.

(d) The final payment under this Clause shall be made only after the final report

and a final statement, identified as such, shall have been submitted by the Consultants and approved as satisfactory by the Client. The Services shall be deemed completed and finally accepted by the Client and final statement shall be deemed approved by the Client as satisfactory sixty (60) calendar days after receipt of the final report and final statement by the Client unless the Client, within such sixty (60)-day period, gives written notice to the Consultants specifying in detail deficiencies in the Services, the final report or final statement. The Consultants shall thereupon promptly make any necessary corrections, and upon completion of such corrections, the foregoing process shall be repeated. Any amount which the Client has paid or caused to be paid in accordance with this Clause in excess of the amounts actually payable in accordance with the provisions of this Contract shall be reimbursed by the Consultants to the Client within thirty (30) days after receipt by the Consultants


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of notice thereof. Any such claim by the Client for reimbursement must be made within twelve (12) calendar months after receipt by the Client of a final report and a final statement approved by the Client in accordance with the above.

(e) All payments under this Contract shall be made to the account of the

Consultants specified in the SC. 7. Settlement of Disputes 7.1 Amicable Settlement

The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or the interpretation thereof.

7.2 Dispute Settlement

Any dispute between the Parties as to matters arising pursuant to this Contract which cannot be settled amicably within thirty (30) days after receipt by one Party of the other Party's request for such amicable settlement may be submitted by either Party for settlement in accordance with the provisions specified in the SC.


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III. SPECIAL CONDITIONS OF CONTRACT Number ofGC Clause A. Amendments of, and Supplements to, Clauses in the General Conditions of Contract 1.1 (h) Deleted 1.4.1 The addresses are: Client:

Attention : The General Manager (Admin & Vigilance)

Address : Karnataka State Minerals Corporation Limited TTMC “A” Block, 5th floor, BMTC Building, Shantinagar, Bengaluru, Karnataka - 560 027

email : [email protected]

Consultant:

Attention : ------------------ Address: Facsimile :

1.4.2 Notice will be deemed to be effective as follows:

(a) in the case of personal delivery or registered mail, on delivery; and (b) in the case of facsimiles, 24 hours following confirmed transmission.

1.5 The Services are required to be provided in Bangalore/Hassan for which Firm is required to open an office in Bangalore (if Consultant is currently not having an Office in Bangalore), where the Team Leader shall be required to be stationed.

1.6 The Authorized Representatives are:

For the Client:………………

For the Consultants: ___________________________

1.7.1 The consultants, Sub-consultants and the Personnel shall pay the taxes, duties, fees, levies and other impositions levied under the existing, amended or enacted laws during life of this contract and the client shall perform such duties in regard to the deduction of such tax as may be lawfully imposed.


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1.7.2 However, the Consultancy Services tax as quoted by the Applicant as part of the Financial Proposal and payable for providing this Consultancy Services shall be paid/reimbursed by the Client separately. It shall be the responsibility of the Consultant to remit the Service Tax paid to statutory authorities.

2.1 The effectiveness of contract shall be the date of this Agreement. Submission of

Performance Guarantee issued from a Nationalized / Scheduled Bank in India, in the format specified in Appendix-G, for an amount equivalent to 5% of total contract value, shall be conditions precedent to signing the Agreement

2.2 The time period shall be 07 (Seven) days 2.3 The time period shall be _____Monthsor such other time period as the parties may

agree in writing. 3.4 The risks and the coverages shall be as follows:

(a) Third Party liability insurance with a minimum coverage of not less the Contract Value for the period of consultancy.

(b) Professional liability insurance with a minimum coverage equal to estimated

remuneration and reimbursable.

(c) Client’s liability and workers' compensation insurance in respect of the Personnel of the Consultants and of any Sub-consultant, in accordance with the relevant provisions of the Applicable Law, as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be appropriate; and

3.6(c)The other actions are:

(i) issuance of meeting proceedings (ii) Public & Press Statements / releases pertaining directly or indirectly to the

Project (iii) Representing client in any public/ Private / Govt. Forum (iv) sharing of project information

3.8 The Consultants shall not use these documents for purposes unrelated to this Contract

without the prior written approval of the Client. Further, in case the client has reimbursed / paid for purchase of any Software / Hardware, etc., such software, hardware shall be handed over to the client in good working condition along with user licenses, etc., as may be applicable.

4.4 the working hours shall be minimum of 9:00AM to 6:00PM, and working days shall

be Monday to Saturday. 4.5. Deleted


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4.6 The person designated as Team Leader in Appendix C shall serve in that capacity, as specified in Clause GC 4.6.

6.1.1Timeline and Payment Structure

The payment for Consultants is linked with clearly defined deliverables along with time schedule as shown in Table below.

6.1.1 Timelines and Payments: Refer Clause 4 of Terms of Reference

All deliverables shall be submitted in hard and soft copies (editable formats like MS word, MS Excel, AutoCAD, PowerPoint, etc.) and shall be the property of the Client.

b. Deleted

c. Encashment and appropriation of Performance Security

The Client shall have the right to invoke and appropriate the proceeds of the Performance Security, in whole or in part, without notice to the Consultant in the event of :

(i) breach of this Agreement or for levy of Penalty Specified. (ii) Termination of this Agreement by Client for reasons other than in GC 2.7.1 c. (iii)In case the Consultant is not able to deliver the services as envisaged in the

Scope of Services / Terms of Reference. 6.1(b) The Ceiling amount of the Contract is Rs._____________ 6.1(c) No Additional Payments shall be made to Consultants for services construed to be

covered in the Terms of Reference 6.2(a) Deleted 6.2(b) (1) Deleted

(2) Deleted

(3) Deleted

(4) Deleted

6.2(c) The reimbursable expenditures shall be the following:

(1) an allowance (to cover boarding and/or lodging) for each of the personnel who have to work outside their normal duty station, at the rates specified in Appendix E;

(2) the cost of local transportation, office accommodations, camp facilities,

camp services, subcontracted services, soil testing, equipment rentals, supplies, utilities and communication charges, all if and to the extent


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required for the purpose of the Services, at rates specified in Appendix E;

(3) the cost of equipment, materials and supplies to be procured as specified in Appendix E;

(4) the cost of any subcontract required for the Services and approved in

writing by the Client;

(5) any such additional payments for properly procured items as the Parties may have agreed upon pursuant to the provisions of Clause GC 6.1(c); and

(6) the cost of such further items as may be required by the Consultants for the

purpose of the Services, as agreed in writing by the Client.

(7) The claims of properly procured Sub-consultants and Sub-contractors shall be duly signed by the concerned Key personnel and certified by the Team Leader including for reasonability and quality.

(8) The claims for other reimbursements shall certified by the Team Leader for

reasonability.

6.4(a) Deleted

6.4(b) The Consultant shall as soon as practicable and not later than fourteen (14) days, after the completion of the payment milestone, submit to the Client, in duplicate invoices of the amounts payable.

6.4(c) (i) The Client shall cause the payment of the Consultants within forty five (45)

days after the receipt by the Client of bills with supporting documents (if required). Interest at the rate specified in the SC shall become payable as from the above due date on any amount due by, but not paid on, such due date.

(ii) The rate of Interest is 10% per annum

6.4(d) (i) The final payment under this Clause shall be made only after the final deliverable has been submitted by the Consultants and approved as satisfactory by the Client. The Services shall be deemed completed and finally accepted by the Client and final statement shall be deemed approved by the Client as satisfactory sixty (60) calendar days after receipt of the final deliverable unless the Client, within such sixty (60)-day period, gives written notice to the Consultants specifying in detail deficiencies in the Services, the final report or final statement. The Consultants shall thereupon promptly make any necessary corrections, and upon completion of such corrections, the foregoing process shall be repeated. Any amount which the Client has paid or caused to be paid in accordance with this Clause in excess of the amounts actually payable in accordance with the provisions of this Contract shall be reimbursed by the Consultants to the Client within thirty (30) days after receipt by the Consultants of notice thereof. Any such claim by the Client for reimbursement must be made within twelve (12) calendar months after receipt by the Client of a final


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deliverable approved by the Client in accordance with the above. 5.4 (e) The account No. is: -------------

5.5 Payment shall be made within 30 days of receipt of the invoice and the relevant documents

specified in Deliverables as Section # Terms of reference of RFP, and within 60 days in the case of the final payment

7.2 Disputes shall be settled by arbitration in accordance with the following provisions:

7.2.1 Selection of Arbitrators

Any dispute or difference or claim arising out, or in connection with, or relating to the present contract or the breach, termination or invalidity thereof, shall be referred and settled under the Arbitration Centre - Karnataka (Domestic & International) Rules 2012, by one or more arbitrators appointed in accordance with its rules.

7.2.2 Rules of Procedure

Arbitration proceedings shall be conducted in accordance with procedure of the Karnataka (Domestic & International) Rules 2012

7.2.5 Miscellaneous

In any arbitration proceeding hereunder:

(a) proceedings shall, unless otherwise agreed by the Parties, be held in Bangalore.

(b) the English language shall be the official language for all purposes

(c) the decision of the sole arbitrator or of a majority of the arbitrators (or of the third arbitrator if there is no such majority) shall be final and binding and shall be enforceable in any court of competent jurisdiction, and the Parties hereby waive any objections to or claims of immunity in respect of such enforcement.


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IV. APPENDICES

Appendix A: Terms of Reference As given in the Schedule 1 of the RFP

Appendix B: Reporting Requirements

[List format, frequency, contents of reports and number of copies; persons to receive them; dates of submission, etc. Appendix C: Key Personnel and Sub-consultants [List under: C-1 Titles [and names, if already available], detailed job descriptions and minimum qualifications. experience of Key Personnel to be assigned to work ,and staff-months for each.

C-2 List of approved Sub-consultants [if already available]; same information with respect to their Personnel as in C-1 through C-2)]

Appendix D: Services and facilities to be provided by the Client

Appendix E: Format for BG for Advance Payments