appointment of consultant for - mpeprocurement · 2015-09-18 · page 3 of 45 notice inviting...

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REQUEST FOR PROPOSAL (R.F.P.) FOR

Appointment of Consultant for

Branding Design of Mrignayani Emporiums

RFP - Issued by Madhya Pradesh Laghu Udyog Nigam Ltd.

Panchanan Building, Malviya Nagar (TT Nagar) Bhopal (M.P.)

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Disclaimer

A. The information contained in this Request for Proposal ("RFP") document provided to the bidder(s), by or on behalf of MPLUN or any of its employees or advisors, is provided to the bidder(s) on the terms and conditions set out in this RFP document and all other terms and conditions subject to which such information is provided.

B. The purpose of this RFP document is to provide the bidder(s) with information to assist the formulation of their proposals. This RFP document does not purport to contain all the information each bidder may require. This RFP document may not be appropriate for all persons, and it is not possible for MPLUN, its employees or advisors to consider the business/investment objectives, financial situation and particular needs of each bidder who reads or uses this RFP document. Each bidder should conduct its own investigations and analysis and should check the accuracy, reliability and completeness of the information in this RFP document and where necessary obtain independent advice from appropriate sources. MPLUN, its employees and advisors make no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of the RFP document.

C. MPLUN may, in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP document.

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NOTICE INVITING TENDER

The MP Laghu Udyog Nigam invites sealed technical and financial proposals for Appointment of Consultant for Branding Design of Mrignayani Emporiums of MPLUN . A complete set of bidding documents can be downloaded free of cost for the web site- https://mpeprocurement.com S. No

Description Date/Detail

1. Cost of RFP Document

Rs. 5,000/- (Rupees Five Thousand only) payable in the form of Demand Draft in favour of Managing Director, Madhya Pradesh Laghu Udyog Nigam ltd payable at Bhopal non-refundable

2. Earnest Money Deposit

Rs. 50,000/- (Rupees Fifty Thousand only) Demand Draft/Bank Guarantee in favour of Managing Director, Madhya Pradesh Laghu Udyog Nigam Ltd payable at Bhopal

3. Issue/Uploading of RFP Document 18-09-2015 4. Last Date and Time of Submission of Bid 12-10-2015 up to 03:00 PM 5. Opening of Technical Bid 12-10-2015 at 04:00 PM 6. Opening of Financial Bid 16-10-2015 at 03:00 PM (tentative)

7. Place of submission and opening of Bid M.P. Laghu Udyog Nigam Limited, 2nd Floor, Panchanan Building, Malviya Nagar (TT Nagar), Bhopal (M.P.)

Managing Director MPLUN

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Section 2. Terms of Reference

2.1 Background: 2.2 In 1961, Madhya Pradesh Laghu Udyog Nigam (MPLUN) was incorporated as a

Govt. company. In 1965 the organization was given the task for marketing of handloom & handicraft products of Madhya Pradesh through various Mrignayani Emporiums situated within Madhya Pradesh and out side the MP. As a unit of Madhya Pradesh Laghu Udyog Nigam Limited and as the M.P. Govt. Emporium, Mrignayani is a custodian of the state's magnificent legacy and its ancient traditions. Recognising the historic importance of local artisans and their art forms, Mrignayani has sought out traditional skills from the remote confines of the state and brought them alive for the world, making every effort to provide an inimitable platform to wondrous creations centuries old. To encourage its artisans, Mrignayani also holds various skill augmenting workshops from time-to-time and helps them explore opportunities in design development and marketing of products through a network of emporia across India as well as regular presence at national/international fairs and crafts bazaars. The Mrignayani chain of emporia showcases the best of talent & splendour from Madhya Pradesh with a wide range of products comprising the magical poetry of Chanderi, Maheshwari, Kosa Tussar, Crepe and Mulberry silk sarees, dress material, ready-mades, home and office furnishings, handicrafts, jewellery and multifarious gift items. The products reflect the highly developed skills of weavers, draftsmen, artisans and the glory of Madhya Pradesh. Through these emporia Mrignayani is not only rendering much needed support to the handloom and handicraft sectors, but is ensuring that the traditions of past are available to the generations of future. A vision called MRIGNAYANI that concretizes in a chain of 8 emporia across the country are functioning at following places:- 1. Bhopal 2. Indore 3. Gwalior 4. Jabalpur 5. Rewa 6. New Delhi 7. Kolkata (2 emporiums)

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Apart from the above Mrignayani runs the website www.mrignayani.com to tap national & global markets. It offers a vital link and support for the development of handlooms and handicrafts and marketing of niche SSI products. Details of the turnover of these emporiums are given at Annex. - A

2.3 Objective: The objective of this study is to enhance/redefine the marketing strategies of Mrignayani Emporiums by Branding Design of Showrooms.

2.4 Scope of Job Based on the prescribed marketing strategy and upon assessing the existing conditions of the emporiums the brand consultant will be responsible for designing the complete brand story for the retail outlets. The specific deliverables by the design consultant will include the following : 2.4.1. Brand Name: In case the brand consultant recommends a change in the existing name, "Mrignayani", at least 3 suitable options will be suggested with the rationale for each. 2.4.2. Brand Signature : The brand consultant will develop a signature for the approved Brand Name and design a logo with/without a symbol to represent the brand. The brand consultant will recommend the brand colours for the brand. 2.4.3. Brand Extensions : The brand consultant will extend the approved Brand Signature on to all consumer touch points within the retail space including main signage, interior signage, wall graphics, carry bags, wrapping paper, price tags, retail invoices, publicity designs, discount coupons, standy, letterheads, tent card, brochure etc. 2.4.4 Retail Space : The brand consultant will provide a schematic design for the interior space of the store. Recommendation of floor plan, lighting, materials and visual display will be part of the responsibility. This may be done in collaboration with an

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Interior Design Consultant, who will work under the direction of the Brand Consultant. 2.4.5 Brand Manual : The brand Consultant will compile all guidelines and instruction for usage of the brand identity in a brand manual. This will include usage of the logo, the fonts, the colours, the signage and any other elements that need to be standardized. 2.4.6 Implementation The Brand Consultant will provide all artworks as executable print ready files in formats suitable for printing / fabricating. The brand consultant will provide implementation support for two model retail store by making site visits and providing feedback and corrective instructions on the designs being executed on the site.

2.5 Role of the Consultant

The consultant would be expected to act as a domain expert in branding, advertising and retail graphics, display of showroom etc.

2.6 Current State Assessment: (Phase I)

To develop an understanding of the key business drivers for various emporiums and to identify the data & information required for effective execution of responsibilities, the consultant will work in close coordination with the staff:-

� To study the existing structure and key processes of emporiums including range of handicrafts existing initiative, branding, marketing strategies, advertising, interior and display of showrooms.

� Consultant should be lead to assess all existing brand and retail graphics as well as retail spaces.

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2.7 Key Personnel Requirement The brand designing consulting professionals are required to be deployed and work from project. Team leader required being available in Bhopal as and when needed during the project period. Key personnel proposed should adhere to given below guidelines. CV’s of the proposed candidates should be enclosed in the format given in Appendix F.

Key Personnel Educational Qualification

Professional Experience

Team Leader (1) BFA (Bachelor of fine art) from reputed institution / NID Graduate

At least 10 years in the field relevant to the assignment, specifically in design / brand development.

Team Members (3) – (a) Brand Strategist (b) Brand Designer (c) Brand Merchandise and Advertising

BFA (Bachelor of fine art) from reputed institution / NID Graduate

______"_______

2.8 Project Period

The project is for a period of 9 months.

2.9 Terms of Payment I. The consultant is required to quote their fees for the total duration of project and the

payment flow would be as follows: Stage Payment Milestones / Deliverables % of total

fees quoted

Duration

Stage 1 Submission of Preliminarily thematic concepts and names

10% 4 Weeks

Stage 2 1st Presentation : Designs for the Brand Signature and primary extensions

20% 6 Weeks

Stage 3 2nd Presentation : Detailed designs of approved design direction

25% 6 Weeks

Stage 4 Completion of artworks 30% 6 Weeks

Stage 5 Supporting implementation 15% 3.5 Months

TOTAL 100% 9 Months

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Section 3.

Instruction to Bidders

3.1 The selected bidder shall function as the consultant to MPLUN and his scope would be extended to provide comprehensive hand holding services, throughout the project duration through extension of its services for the aforesaid activities.

3.2 The proposal would be evaluated on the basis of the evaluation criteria set out in this RFP document in order to identify the successful bidder (“Successful Bidder”). The successful bidder is required to enter into a consultancy agreement with MPLUN

3.3 The proposals received from eligible bidders shall be evaluated on the basis of the criteria set out in this RFP document. Each bidder shall submit a maximum of one (1) proposal for the assignment, in response to this RFP document. Any bidder who submits more than one proposal for the assignment shall be disqualified.

3.4 At any time prior to the proposed due date, MPLUN may, for any reason, whether at its own initiative or in response to clarifications requested by any bidder, modify the RFP document by the issuance of addendum.

3.5 The proposal shall remain valid for a period not less than 90 days from the proposal due date (proposal validity period). MPLUN reserves the right to reject any proposal, which does not meet this requirement.

3.6 Earnest Money Deposit

3.6.1 Proposal would need to be accompanied by an Earnest Money Deposit for an amount of Rs. 50,000/- in the form of a Demand Draft/Bank Guarantee in favor of Managing Director, Madhya Pradesh Laghu Udyog Nigam Ltd payable at Bhopal

3.6.2 EMD shall be returned to the unsuccessful bidders within a period of one month from

the date of signing of Consultancy Agreement between MPLUN and the successful

bidder. EMD submitted by the successful bidder shall be released upon execution of

the Consultancy Agreement and furnishing of Performance Security.

3.6.3 EMD shall be forfeited in the following cases:

• If any information or document furnished by the bidder turns out to be

misleading or untrue in any material respect; and

• If the successful bidder fails to execute the Consultancy Agreement within the

stipulated time or any extension thereof provided by MPLUN

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3.7 Format and Signing of Proposal 3.7.1 The bidder provides all the information as per this RFP document with

declaration in Appendix-A. MPLUN would evaluate only those proposals that are received in the required format and are complete in all respects. Each proposal shall comprise the following:

A. Part I Submission (Technical) a. Rs. 5,000/- (Rupees five thousand only) in the form of Demand Draft from

nationalized bank in favour of Managing Director, Madhya Pradesh Laghu Udyog Nigam Ltd payable at Bhopal, towards the cost of RFP document.

b. Earnest Money Deposit Rs. 50,000/- (Rs. fifty thousand in favor MPLUN, Bhopal. c. Details of the bidder in the format set out in Appendix B d. Power of attorney as per Appendix C, authorizing the signatory of the proposal to

commit the bidder. e. Technical proposal comprising

• Experience in similar consultancy project data sheets in the format set out in Appendix D, with supporting proof.

• Financial capacity (turnover of the bidder)- Appendix E • Curriculum Vitae of persons who would be working on the assignment as per

format given Appendix F • Details of manpower with project as per condition 2.7 (Key personnel

requirement)

B. Part II Submission (Financial) Financial proposal in the format as set out in Appendix G. The financial proposal of the bidder shall be the lump sum fee which the bidder proposes to charge for undertaking the assignment. The financial proposal is inclusive of all out of pocket expenses incurred by the bidder towards travel, documentation and communication. The financial proposal shall include service tax, which shall be deducted by MPLUN (service recipient part only, as per the current norms). The bidder shall seal the part I submission and the part II submission separately in two envelopes, duly marking the envelopes as “PART I SUBMISSION” and “PART II SUBMISSION”. These envelopes shall then be sealed in a single outer envelope.

3.7.2 The bidder shall prepare (1) one original and (1) duplicate copy of the proposal, clearly marked “ORIGINAL” bid and “DUPLICATE” bid respectively. In the event of any discrepancy between the original and the duplicate, the original shall prevail.

3.7.3 The proposal, both the original and the duplicate shall be typed or written in indelible ink and each page shall be numbered and initialed by an authorized signatory of the bidder. All the alterations, omissions, additions, or any other amendments made to the proposal shall also be initialed by the person(s) signing the proposal

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3.8 Sealing and Marking of Proposal 3.8.1 The bidder shall seal the original and duplicate of the proposal in separate

envelopes, duly marking the envelopes as “ORIGINAL” and “DUPLICATE”. The envelopes shall then be sealed in a single outer envelope.

3.8.2 Each of the envelopes, both outer and inner, must be super scribed with the following information: a. Name and address of bidder b. Contact person and phone numbers

c."Proposal for appointment of consultant for "Branding Design of Mrignayani Emporiums .

All envelops shall be addressed to:

Managing Director, MPLUN, 2nd Floor, Panchanan Building, Malviya Nagar (TT Nagar), Bhopal (M.P.)

3.9 If the envelope is not sealed and marked as instructed above, MPLUN assumes no responsibility for the misplacement or premature opening of the contents of the proposal submitted and such proposal, may, at the sole discretion of MPLUN, be rejected.

3.10 The bidder is expected to examine carefully the contents of all the documents provided. Failure to comply with the requirements of RFP shall be at the bidder’s own risk.

3.11 It shall be deemed that prior to the submission of the proposal, the bidder has: a. Made a complete and careful examination of terms and conditions/ requirements,

and other information as set forth in this RFP document; b. Received all such relevant information as it has requested from MPLUN; and c. Made a complete and careful examination of the various aspects of the project. d. Made a detailed site visit of both the proposed area’s and familiar

3.12 MPLUN shall not be liable for any mistake or error or neglect by the bidder in respect of the above

3.13 Proposal Due Date 3.13.1 Proposal should be submitted before 1500 hours IST on proposal due date as

indicated in the Schedule of bidding process, at the address provided in clause 3.8.2, in the manner and form as detailed in this RFP document. Proposals submitted by either facsimile transmission or telex will not be accepted.

3.13.2 MPLUN may, in exceptional circumstances, and at its sole discretion, extend the above proposal due date by issuing an addendum

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3.14 Opening of Proposals and Clarifications 3.14.1 MPLUN would open the Part I submission of the proposals on due date as

mentioned in the section 1. Schedule of bidding process for the purpose of evaluation. The Part II submission of the shortlisted bidders shall be opened after intimation of the date, time and venue of such opening.

3.14.2 MPLUN reserves the right to reject any proposal not submitted on time and which does not contain the information/documents as set out in this RFP document

3.14.3 To facilitate evaluation of proposals, MPLUN may, at its sole discretion, seek clarifications in writing from any bidder regarding its proposal.

3.15 Evaluation 3.15.1 The criteria for eligibility, qualification, evaluation and selection of bidders are

set out in section 4 of the RFP document

3.15.2 As part of the evaluation, the part I submission shall be checked for responsiveness with the requirements of the RFP and only those proposals which are found to be responsive would be further evaluated in accordance with the evaluation criteria set out in section 4 of RFP document.

3.15.3 Part I submission would be considered to be responsive if it meets the following conditions:

a. It is received by the proposal due date including any extension thereof. b. It is signed, sealed and marked as stipulated in Clause 3.8, 3.9 and 3.10 c. It contains all the information and documents including EMD and cost of RFP as

requested in the RFP d. It contains information in formats specified in this RFP. e. There are no inconsistencies between the proposal and the supporting documents.

3.15.4 The responsive proposals shall be evaluated as per the criteria set out in section 4

3.15.5 Quality and cost based selection method shall be adopted for selection of consultant for the assignment, which has been fully described in section 4 of this RFP document. The bidder obtaining the highest composite score would be declared as the preferred bidder. MPLUN may accept the proposal of the preferred bidder.

3.15.6 In case there are two or more bidders obtaining the highest composite score, MPLUN, may in such case call all such bidders for negotiations and select the preferred bidder on the outcome of the negotiations. The selection in such cases shall be at the sole discretion of MPLUN

3.15.7 MPLUN reserves the right to reject any proposal, if: a. At any time, a material misrepresentation is made or discovered; or b. The bidder does not respond promptly and diligently to requests for

supplemental information required for the evaluation of the proposal.

3.15.8 In the event of acceptance of the proposal of the preferred bidder with or without negotiations, MPLUN shall declare the preferred bidder as the

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successful bidder. MPLUN will notify the successful bidder through a Letter of Acceptance (LoA) that its proposal has been accepted.

3.16 The successful bidder(s) shall execute the consultancy agreement within fifteen (15) days of the issue of LoA or within such further time as MPLUN may agree to in its sole discretion.

3.17 Proposals from joint ventures or consortium agreement shall not be accepted, and declared as ‘Non Responsive’

3.18 All pages of the technical and financial proposal have to be duly signed and stamped by the signing authority

3.19 Performance Guarantee:

The successful bidder(s) shall furnish a Performance Security equivalent to 5% of

the Total Agreement Amount in the form of Bank Guarantee as per the format

provided at Appendix H. The above performance security can be liquidated by the

authority i.e. MPLUN, states that the amount claim is due by any of loss or damage

cost to or suffered the authority by reason of any breach of any terms or conditions

confined in the said agreement or by reasons of consultant failure to perform the said

agreement. The decision of Managing Director, MPLUN, shall be final and binding

in this regard. Failure of the Successful Bidder to comply with the requirements as

stipulated in this clause shall constitute sufficient grounds for the annulment of the

LoA and forfeiture of the EMD. In such an event, MPLUN reserves the right to:

a. Either invite the next best Bidder for negotiations or

b. Take any such measures as may be deemed fit in the sole discretion of MPLUN,

including annulment of the bidding process. Notwithstanding anything contained

in this RFP, MPLUN reserves the right to accept or reject any Proposal, or to

annul the bidding process or reject all Proposals, at any time without any liability

or any obligation for such rejection or annulment.

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Section 4. Eligibility and Evaluation Criteria

4.1 Eligibility Criteria : The consultant’s eligibility to be determined by the following

parameters:-

4.1.1 Should have experience of working in the consultancy assignments in India for minimum 10 year.

4.1.2 Should have been working in the any brand design / advertising in India for a minimum of 10 year. 4.1.3 Should have prior experience in executing similar/minimum 2 brand

development project for MP Govt, PSUs, Govt. Institutions.

4.2 Minimum Employee Strength :– 5

4.3 Financial Strength: Should have minimum average annual turnover of Rs 1 crore only in each of the last 3 years. Audited balance sheet and income statements should be submitted for the last three financial years preceding the bid submission date (refer to schedule of bid process)-Appendix - E

4.4 Collaborations : If required the brand consultant may collaborate with an Interior Design Consultant for the design of the retail space. Qualification of the team leader of the Interior design consultancy : B. Arch with at least 10 years experience in the field and experience in executing similar retail projects. All the above qualification should be supporting by the relevant documents, failure on which, the bidder will deemed to be in-eligible.

4.5 Details of key personnel for the project with CV as per Appendix - F

4.6 Bid Evaluation Criteria

4.6.1 In the first stage, the technical proposal will be evaluated on the basis of applicant’s experience and the experience of Key Personnel. Only those applicants whose technical proposals get a score of 60 marks or more out of 80 shall qualify for further consideration, and shall be ranked from highest to the lowest on the basis of their technical score (St).

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EVALUATION CRITERIA 4.1 Experience Minimum Marks Maximum Marks 4.1.1 (i) 10 year experience in

consultancy = 10 Marks additional 1 mark for each year (Maximum 15 Marks)

10 15

4.1.2 (iI) 10 year experience = 10 Marks additional 1 mark for each year (Maximum 15 Marks)

10 15

4.1.3 (iii) 2 Project = 10 Marks additional 1 mark for each project (Maximum 15 Marks)

10 15

4.2 Employee Strength Minimum 7.5 Marks for 5 employees

additional 1 mark for each 2 employees (Maximum 10 Marks)

7.5 10

4.3 Turnover Minimum 7.5 Marks for 1 crore turnover

additional 1 mark for each 0.5 crore (Maximum 10 Marks)

7.5 10

D) Technical Manpower 15 15 (a) Team Leader -6 Marks

(b) Brand Strategist -3 Marks (c) Brand Designer -3 Marks (d) Brand Merchandise & Advertising -3 Marks

(st) Total Technical Score 60 Marks 80 Marks Consultants are required to submit self certified documents for proof of assignment i.e. work orders and advisory service details (as per Appendix D)

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4.7 Evaluation of Financial Proposals

The bidders are expected to quote a fixed fee for the advisory service (Appendix-G). The lowest bidder would get the highest score. The financial quote would carry a weightage of 20 marks.

Sf = 20 x L1/ Ln Where, Ln is the financial proposal / fee as quoted by the bidder for the project and L1 is the lowest financial proposal / fee quoted by any bidder Proposals will be ranked according to their total technical (St) and financial (Sf) scores indicated in this document.

Total score (S) = St + Sf, Bidder with the highest overall score would be selected. The successful bidder shall be invited to enter into an agreement with the MPLUN for the project in accordance with the terms and conditions of the RFP

4.7.1 Payment

All payments to the applicant shall be made in INR in accordance with the provisions of this RFP and payments shall be made in accordance to the terms and schedule stated in 2.9 of RFP.

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Section 5.

Appendix

5.1 Appendix - A Covering Letter

(On the Letterhead of the Bidder)

Date: To: ___________ ___________ Ref: “Appointment of consultant for Branding Design Mrignayani Emporiums of MPLUN . Dear Sir: Being duly authorized to represent and act on behalf of ……………………. (hereinafter referred to as “the Bidder”), and having reviewed and fully understood all of the proposal requirements and information provided and collected, the undersigned hereby submits the proposal on behalf of _________ (Name of Bidder) for the captioned Project in one (1) original bid and one (1) duplicate bid, with the details as per the requirements of the RFP, for your evaluation. We confirm that our proposal is valid for a period of 90 days from ______ (insert proposal due date). We also hereby agree and undertake as under: Notwithstanding any qualifications or conditions, whether implied or otherwise, contained in our proposal we hereby represent and confirm that our proposal is unqualified and unconditional in all respects and we agree to the terms of the proposed agreement, a draft of which also forms a part of the RFP document provided to us. We hereby certify and confirm that in the preparation and submission of our proposal, we have not acted in concert or in collusion with any other bidder or other person(s) and also not done any act, deed or thing which is or could be regarded as anti-competitive. Yours faithfully, For and on behalf of (Name of Bidder) Duly signed by the Authorised Signatory of the Bidder (Name, Title and Address of the Authorised Signatory)

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5.2 Appendix B Details of Bidder (On the Letter Head of the Bidder) 1. (a) Name of bidder

(b) Address of the office(s) (c) Date of incorporation and/or commencement of business (d) Country of incorporation & registered address (e) Line of business (f) Principal place of business (g) Geographical presence (h) Employee strength

2. Details of individual(s) who will serve as the point of contact / communication for MPLUN with the bidder:

(a) Name: (b) Designation: (c) Company/Firm: (d) Address: (e) Telephone number: (f) E-mail address: (g) Fax number: (h) Mobile number:

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5.3 Appendix C

POWER OF ATTORNEY (On stamp paper of relevant value) Know all men by these presents, We..........................................................(name and address of the registered office) do hereby constitute, appoint and authorise Mr / Ms........................……… ……............(name and residential address) who is presently employed with us and holding the position of .................................................... as our attorney, to do in our name and on our behalf, all such acts, deeds and things necessary in connection with or incidental to our Proposal for “Branding Design of Mrignayani Emporiums of MPLUN” including signing and submission of all documents and providing information/responses to MPLUN in all matters in connection with our proposal for the said assignment. We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and shall always be deemed to have been done by us.

Dated this the _______ Day of _______2014 For ___________________________

(Name and designation of the person(s) signing on behalf of the Bidder)

Accepted

_________________________Signature) (Name, Title and Address of the Attorney) Date: ……………………. Note: 1. To executed only if the bidder is a Company or Partnership firm 2. 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. Copy of such document should be submitted along with the power of attorney. 3. Also, wherever required, the bidder should submit for verification the extract of the charter documents and 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 bidder.

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5.4 Appendix D

5.4.1 Work experience in consultancy assignment in India in past 15 years- (4.1.1)

S.no. Name of the Project Project Duration

1.

2.

3.

4.

5.

6.

7.

8.

5.4.2 Consultancy assignment in Branding, Designing, Advertising in last 15 years- (4.1.2)

S. no. Name of the Project Project Duration

1.

2.

3.

4.

5.

6.

7.

8.

5.4.3 similar brand development projects for MP Govt, PSUs, Govt. Institutions in last 15 years:- (4.1.3)

S. no. Name of the Project Project Duration

1

2

3

4

5

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5.5 Appendix E Financial Capacity of the Bidder Bidder Consultancy/Advisory services Turnover Average

Annual Turnover

2010-11 2011-12 2012-13

Name & address of Bidder’s Bankers: 1. The Bidder should provide details of its own financial capacity

Certificate of Statutory Auditor/CA

This is to certify that........................................................................................ (Name of the official) has received the payment shown above against the respective year on account of advisory services. Name.......................... ........ (Seal and sign of the bidder)

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5.6 Appendix F Curriculum vitae of the Proposed Staff 1. Proposed position [only one candidate shall be nominated for each position]: 2. Name of firm [insert name of firm proposing the staff]: 3. Name of staff [insert full name]: 4. Date of birth: 5. Nationality: 6. Education [indicate college/university and other specialized education of staff member,

giving names of institutions, degrees obtained, and dates of obtainment]: 7. Countries of work experience: [list countries where staff has worked in the last five years]: 8. Languages [for each language indicate proficiency: good, fair, or poor in speaking,

reading, and writing]: 9. Employment Record [starting with present position, list in reverse order every employment

held by staff member since graduation, giving for each employment (see format here below): dates of employment, name of employing organization, positions held.]:

From [Year]: To [Year]: Employer: Positions held: 10. Detailed Tasks Assigned: Work Undertaken that Best Illustrates Capability to handle the tasks assigned [Among the assignments in which the staff has been involved, indicate the following information for those assignments that best illustrate staff capability to handle the tasks listed] Name of assignment or project: Year: Location: Client: Main project features: Positions held: Activities performed: Certification: I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes me, my qualifications and my experience. I understand that any wilful misstatement described herein may lead to my disqualification or dismissal, if engaged. Date: [Signature of staff member or authorized representative of the staff] Day/Month/Year Full name of authorized representative: Note - Use separate form for each key personal.

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5.7 Appendix G Format for Financial Proposal (On the Letterhead of the Bidder)

Date: Managing Director, MPLUN, 1st Floor, Panchanan Building, Malviya Nagar (TT Nagar), Madhya Pradesh Laghu Udyog Nigam Ltd Bhopal (M.P.)

Re: Appointment of consultant for Branding Design of Mrignayani Emporiums. Sir, I/We hereby submit our financial proposal and offer a premium in the form of payment of Rs _______ (Rupees .................... only) to MPLUN for undertaking the assignment in accordance with the RFP documents and the service agreement. We have reviewed all the terms and conditions of the RFP and undertake to abide by all the terms and conditions contained therein. We hereby declare that there are, and shall be no deviations from the stated terms in the RFP document. 1. I/We agree that this offer shall remain valid for a period of 70 days from the proposal due

date of such further period as may be mutually agreed upon. 2. I/We understand that you are not bound to accept any proposal you receive. Yours faithfully, for and on behalf of …………………………………………….. (Name of the Bidder)_______________ (Signature of Authorized Signatory) ________________________ (Name and designation of the Authorised Person) Note: 1. The financial proposal is inclusive of all out pocket expenses incurred by the bidder

towards travel, documentation and communication. 2. The financial proposal shall be with service tax, which shall be deducted by MPLUN as

per rule 3. In case of difference in amount quoted in figures and words, the lower value would be

considered for evaluation

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5.8 Appendix H Sample form of bank guarantee for Performance Security To, Managing Director MPLUN, 1st Floor, Panchanan Building, Malviya Nagar (TT Nagar), Madhya Pradesh Laghu Udyog Nigam Ltd Bhopal THIS DEED OF GUARANTEE executed on this the ___________day of ________________at_________________________by_______________________ (name of the Bank) having its Head / Registered office at _____________________________ hereinafter referred to as “the Guarantor” which expression shall unless it be repugnant to the subject or context thereof include successors and assigns; In favour of, MPLUN having its office at 2nd Floor, Panchanan Building, Malviya Nagar(TT Nagar), Bhopal, Madhya Pradesh (India) , hereinafter referred to as “MPLUN”, which expression shall, unless repugnant to the context or meaning thereof include its administrators, successors or assigns. WHEREAS A. By the Agreement being entered into between MPLUN and__________________, a company incorporated under the provisions of the Companies Act, 1956, having its registered office/ permanent address at ____________________ hereinafter called the “Consultant”. The Consultant has been granted appointment for “Branding Design of Mrignayani Emporiums” (herein referred to as “the Assignment”). B. In terms of Clause 3.19 of the RFP, the Consultant is required to furnish to MPLUN, an unconditional and irrevocable bank guarantee for an amount of Rs. ________/- (Rupees ___________ Only) as security for due and punctual performance/discharge of its obligations under the Agreement. At the request of the Consultant, the Guarantor has agreed to provide guarantee, being these presents guaranteeing the due and punctual performance/discharge by the Consultant of its obligations under the Agreement. NOW THEREFORE THIS DEED WITNESSES AS FOLLOWS: Capitalised terms used herein but not defined shall have the meaning assigned to them respectively in the Agreement. 1. The Guarantor hereby irrevocably guarantees the due and punctual performance by the

Consultant of all its obligations relating to the Assignment during the Agreement Period. 2. The Guarantor shall, without demur, pay to MPLUN sums not exceeding in aggregate Rs.

________/- (Rupees ___________ Only), within five (5) calendar days of receipt of a written demand therefore from MPLUN stating that the Consultant has failed to meet its performance obligations under the Agreement. The Guarantor shall not go into the veracity of any breach or failure on the part of the Consultant or validity of demand so made by MPLUN and shall pay the amount specified in the demand notwithstanding any direction to the contrary given or any dispute whatsoever raised by the Consultant or any other

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Person. The Guarantor’s obligations hereunder shall subsist until all such demands are duly met and discharged in accordance with the provisions hereof.

3. In order to give effect to this Guarantee, MPLUN shall be entitled to treat the Guarantor as the principal debtor. The obligations of the Guarantor shall not be affected by any variations in the terms and conditions of the Agreement or other documents or by the extension of time for performance granted to the Consultant or postponement/non exercise/ delayed exercise of any of its rights by MPLUN or any indulgence shown by MPLUN to the Second Party and the Guarantor shall not be relieved from its obligations under this Guarantee on account of any such variation, extension, postponement, non exercise, delayed exercise of any of its rights by MPLUN or any indulgence shown by MPLUN provided nothing contained herein shall enlarge the Guarantor’s obligation hereunder.

4. This Guarantee shall be irrevocable and shall remain in full force and effect until ______unless discharged/released earlier by MPLUN in accordance with the provisions of the Agreement. The Guarantor’s liability in aggregate be to a sum of Rs. ________/- (Rupees ___________ Only).

5. This Guarantee shall not be affected by any change in the constitution or winding up of the Consultant/ the Guarantor or any absorption, merger or amalgamation of the Consultant /the Guarantor with any other Person.

6. The Guarantor has power to issue this guarantee and discharge the obligations contemplated herein, and the undersigned is duly authorised to execute this Guarantee pursuant to the power granted under ______________.

IN WITNESS WHEREOF THE GUARANTOR HAS SET ITS HANDS HEREUNTO ON THE DAY, MONTH AND YEAR FIRST HEREINABOVE WRITTEN. SIGNED AND DELIVERED by ____________________________________Bank by the hand of Shri _______________________ its __________________and authorised official. (Signature of the Authorised Signatory) (Official Seal)

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Section 6.

General Terms (GC)

6.1 The Following terms wherever used in the RFP have the following meanings-

a. “Applicable Laws” 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. “Confidential Information” shall have the meaning set forth in Clause 6.18; (GC)

c. “Conflict of Interest” shall have the meaning set forth in Clause 6.17 (GC) read with the provisions of RFP;

d. “Dispute” shall have the meaning set forth in Clause 6.33.2; (GC) e. “Effective Date” means the date on which this Contract comes into force

and effect pursuant to Clause 6.9.1; (GC) f. “Government” means the Government of Madhya Pradesh; g. “INR, Re. or Rs.” means Indian Rupees; h. “Party” means the Authority or the Consultant, as the case may be, and

Parties means both of them; i. "Contract" means the Agreement signed by the party and all the attached

documents in this GC and Appendix along with RFP. j. “Personnel” means persons hired by the Consultant as employees or

retainers and assigned to the performance of the Services or any part thereof;

k. “Resident Personnel” means such persons who at the time of being so hired had their domicile inside India;

l. “RFP” means the Request for Proposal document in response to which the Consultant’s proposal for providing Services was accepted;

m. “Services” means the work to be performed by the Consultant pursuant to this RFP, as described in the Terms of Reference hereto;

n. “Third Party” means any person or entity other than the Government, the Authority, the Consultant.

o. "Consultant" means any professional that will provide the services to MPLUN.

p. "MPLUN" means M.P. Laghu Udyog Nigam, a govt. of M.P. undertaking.

q. "Authority" means MPLUN. All terms and words not defined herein shall, unless the context otherwise requires, have the meaning assigned to them in the RFP.

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6.2 Relation between the Parties Nothing contained herein shall be construed as establishing a relation of master and servant or of agent and principal as between the Authority and the Consultant. The Consultant shall, subject to this Contract, have complete charge of Personnel performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.

6.3 Rights and obligations The mutual rights and obligations of the Authority and the Consultant shall be as set forth in the Contract, in particular: a. the Consultant shall carry out the Services in accordance with the

provisions of the Contract; and b. the Authority shall make payments to the Consultant in accordance with

the provisions of the Contract.

6.4 Governing Law and Jurisdiction This Contract shall be construed and interpreted in accordance with and governed by the laws of India, and the courts at Bhopal shall have exclusive jurisdiction over matters arising out of or relating to this Contract

6.5 Notices Any notice or other communication to be given by any Party to the other Party under or in connection with the matters contemplated by this Contract shall be in writing.

6.6 Location The Services shall be performed at the offices of the Authority in accordance with the provisions of RFP and at such locations as are incidental thereto, including the offices of the Consultant.

6.7 Authorized Representatives Any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the Authority or the Consultant, as the case may be, may be taken or executed by the officials specified in this Clause

(i)The Authority may, from time to time, designate one of its officials as the Authority Representative. Unless otherwise notified, the Authority Representative shall be: ………………………………………………………………. ………………………………………………………………. ………………………………………………………………. Tel.: ……………….. Fax: ………………. Email: ………. ……………………………………………………………….

(ii)The Consultant may designate one of its employees as Consultant’s

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Representative. Unless otherwise notified, the Consultant’s Representative shall be: ………………………………………………………………. ………………………………………………………………. ………………………………………………………………. Tel.: ……………….. Fax: ………………. Email: ………. ……………………………………………………………….

6.8 Taxes and Duties Unless otherwise specified in the Contract, the Consultant shall pay all such taxes, duties, fees and other impositions as may be levied under the Applicable Laws of India.

6.9 COMMENCEMENT, COMPLETION AND TERMINATION OF CONTRAC T

6.9.1 Effectiveness of Contract The Contract shall come into force and effect on the date of Contract (the “Effective Date”).

6.9.2 Commencement of Services The Consultant shall commence the Services within a period of 15 (fifteen) days from the Effective Date, unless otherwise agreed by the Parties.

6.9.3 Termination of Contract for failure to commence Services: If the Consultant does not commence the Services within the period specified in Clause 6.9.2 above, the Authority may, by not less than 1 (one) weeks’ notice to the Consultant, declare this Contract to be null and void, and in the event of such a declaration, this Contract shall stand terminated and the Consultant shall be deemed to have accepted such termination.

6.10 Expiration of Contract Unless terminated earlier pursuant to Clauses 6.9.3 or 6.9.2 hereof, this Contract shall, unless extended by the Parties by mutual consent, expire upon expiry of a period of 60 (sixty) days after the delivery of the final Deliverable to the Authority. Upon Termination, the Authority shall make payments of all amounts due for each completed activity to the Consultant for each completed activities.

6.11 Entire Contract 6.11.1 This Contract and the Annexure together constitute a complete and exclusive

statement of the terms of the Contract between the Parties on the subject hereof, and no amendment or modification hereto shall be valid and effective unless such modification or amendment is agreed to in writing by the Parties and duly executed by persons especially empowered in this behalf by the respective Parties. All prior written or oral understandings, offers or other

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communications of every kind pertaining to this Contract are abrogated and withdrawn; provided, however, that the obligations of the Consultant arising out of the provisions of the RFP shall continue to subsist and shall be deemed to form part of this Contract.

6.11.2 Without prejudice to the generality of the provisions of Clause 6.11.1, on matters not covered by this Contract, the provisions of RFP shall apply.

6.12 Modification of Contract Modification of the terms and conditions of this Contract, including any modification of the scope of the Services, may only be made by written Contract between the Parties. Pursuant to Clauses 6.26.2 hereof, however, each Party shall give due consideration to any proposals for modification made by the other Party.

6.13 Force Majeure 6.13.1 Definition

(a) 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 hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by government agencies.

(b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected to both (A) take into account at the time of the conclusion of this Contract, and (B) avoid or overcome in the carrying out of its obligations hereunder.

(c) Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.

6.13.2 No Breach of Contract The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract insofar as such

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inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract.

6.13.3 Measures to be taken a. A Party affected by an event of Force Majeure shall take all reasonable

measures to remove such Party’s inability to fulfill its obligations hereunder with a minimum of delay.

b. A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any event not later than 14 (fourteen) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.

c. The Parties shall take all reasonable measures to minimize the consequences of any event of Force Majeure.

6.13.4 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.

6.13.5 Consultation Not later than 30 (thirty) days after the Consultant has, as the result of an event of Force Majeure, become unable to perform a material portion of the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances.

6.14 Suspension of Contract The Authority may, by written notice of suspension to the Consultant, suspend all payments to the Consultant hereunder if the Consultant shall be in breach of this Contract or shall fail to perform any of its obligations under this Contract, including the carrying out of the Services; provided that such notice of suspension (i) shall specify the nature of the breach or failure, and (ii) shall provide an opportunity to the Consultant to remedy such breach or failure within a period not exceeding 15 (fifteen) days after receipt by the Consultant of such notice of suspension.

6.15 Termination of Contract 6.15.1 by the Authority

The Authority may, by not less than 15 (fifteen) days’ written notice of termination to the Consultant, such notice to be given after the occurrence of

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any of the events specified in this Clause 6.15, terminate this Contract if:

(a) the Consultant fails to remedy any breach hereof or any failure in the performance of its obligations hereunder, as specified in a notice of suspension pursuant to Clause 6.14 hereinabove, within 15 (fifteen) days of receipt of such notice of suspension or within such further period as the Authority may have subsequently granted in writing;

(b) the Consultant becomes insolvent or bankrupt or enters into any Contract with its creditors for relief of debt or take advantage of any law for the benefit of debtors or goes into liquidation or receivership whether compulsory or voluntary;

(c) the Consultant fails to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause 6.33 hereof;

(d) the Consultant submits to the Authority a statement which has a material effect on the rights, obligations or interests of the Authority and which the Consultant knows to be false;

(e) any document, information, data or statement submitted by the Consultant in its Proposals, based on which the Consultant was considered eligible or successful, is found to be false, incorrect or misleading;

(f) as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than 60 (sixty) days; or The Authority, in its sole discretion and for any reason whatsoever, decides to terminate this Contract.

6.15.2 by the Consultant The Consultant may, by not less than 30 (thirty) days’ written notice to the Authority, such notice to be given after the occurrence of any of the events specified in this Clause 6.15.2, terminate this Contract if: (a) the Authority fails to pay any money due to the Consultant pursuant to

this Contract and not subject to dispute pursuant to Clause 6.33 hereof within 45 (forty five) days after receiving written notice from the Consultant that such payment is overdue;

(b) the Authority is in material breach of its obligations pursuant to this Contract and has not remedied the same within 45 (forty-five) days (or such longer period as the Consultant may have subsequently granted in writing) following the receipt by the Authority of the Consultant’s notice specifying such breach;

(c) as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than 60 (sixty)

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days; or (d) The Authority fails to comply with any final decision reached as a

result of arbitration pursuant to Clause 6.33 hereof. 6.15.3 Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clauses 6.9.3 or 6.15 hereof, or upon expiration of this Contract pursuant to Clause 6.10 hereof, 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, or which expressly survives such Termination; (ii) the obligation of confidentiality set forth in Clause 6.18 hereof; (iii) the Consultant’s obligation to permit inspection, copying and auditing of such of its accounts and records set forth in Clause 6.20, as relate to the Consultant’s Services provided under this Contract, and (iv) any right or remedy which a Party may have under this Contract or the Applicable Laws.

6.15.4 Cessation of Services Upon termination of this Contract by notice of either Party to the other pursuant to Clauses 6.15.1 or 6.15.2 hereof, the Consultant 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 Consultant and materials furnished by the Authority, the Consultant shall proceed as provided respectively by Clauses 6.23 or 6.24 hereof.

6.15.5 Payment upon Termination. Upon termination of this Contract pursuant to Clauses 6.15.1 or 6.15.2 hereof, the Authority shall make the following payments to the Consultant (after offsetting against these payments any amount that may be due from the Consultant to the Authority):

(i) Remuneration pursuant to Clause 6.28 hereof for Services satisfactorily

performed prior to the date of termination;

(ii) Reimbursable expenditures pursuant to Clause 6.28 hereof for expenditures actually incurred prior to the date of termination; and

(iii) Except in the case of termination pursuant to Sub-clauses (a) through (e) of Clause 6.15.1 hereof, reimbursement of any reasonable cost incidental to the prompt and orderly termination of the Contract including the cost of the return travel of the Consultant’s personnel.

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6.15.6 Disputes about Events of Termination If either Party disputes whether an event specified in Clause 6.15.1 or in Clause 6.15.2 hereof has occurred, such Party may, within 30 (thirty) days after receipt of notice of termination from the other Party, refer the matter to arbitration pursuant to Clause 6.33 hereof, and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award.

6.16 OBLIGATIONS OF THE CONSULTANT

General 6.16.1 Standards of Performance

The Consultant shall perform the Services and carry out its 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 Consultant shall always act, in respect of any matter relating to this Contract or to the Services, as a faithful adviser to the Authority, and shall at all times support and safeguard the Authority’s legitimate interests in any dealings with Third Parties.

6.16.2 Terms of Reference The scope of Services to be performed by the Consultant is specified in the Terms of Reference of this Contract. The Consultant shall provide the Deliverables specified therein in conformity with the time schedule stated therein.

6.16.3 Applicable Laws The Consultant shall perform the Services in accordance with the Applicable Laws and shall take all practicable steps to ensure that the Personnel and agents of the Consultant comply with the Applicable Laws.

6.17 Conflict of Interest 6.17.1 The Consultant shall not have a Conflict of Interest and any breach hereof shall

constitute a breach of the Contract. 6.17.2 Consultant and Affiliates not to be otherwise interested in the Project The

Consultant agrees that, during the term of this Contract and after its termination, the Consultant or any Associate thereof, shall be disqualified from providing goods, works, services, loans or equity for any project resulting from or closely related to the Services and any breach of this obligation shall amount to a Conflict of Interest; provided that the restriction herein shall not apply after a period of three years from the completion of this

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assignment or to consulting assignments granted by banks/ lenders at any time; provided further that this restriction shall not apply to consultancy/ advisory services provided to the Authority in continuation of this Consultancy or to any subsequent consultancy/ advisory services provided to the Authority in accordance with the rules of the Authority. For the avoidance of doubt, an entity affiliated with the Consultant shall include a partner in the firm of the Consultant or a person who holds more than 5% (five per cent) of the subscribed and paid up share capital of the Consultant, as the case may be, and any Associate thereof.

6.17.3 Prohibition of conflicting activities Neither the Consultant nor the Personnel of either of them shall engage, either directly or indirectly, in any of the following activities: (a) during the term of this Contract, any business or professional activities

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

(b) After the termination of this Contract, such other activities as may be specified in the Contract; or at any time, such other activities as have been specified in the RFP as Conflict of Interest.

6.17.4 Consultant not to benefit from commissions discounts, etc. The remuneration of the Consultant pursuant to Clause 6 hereof shall constitute the Consultant’s sole remuneration in connection with this Contract or the Services and the Consultant shall not accept for its 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 its obligations hereunder, and the Consultant shall use its best efforts to ensure that any Personnel and agents shall not receive any such additional remuneration.

6.17.5 The Consultant and its Personnel shall observe the highest standards of ethics and not have engaged in and shall not hereafter engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice (collectively the “Prohibited Practices”). Notwithstanding anything to the contrary contained in this Contract, the Authority shall be entitled to terminate this Contract forthwith by a communication in writing to the Consultant, without being liable in any manner whatsoever to the Consultant, if it determines that the Consultant has, directly or indirectly or through an agent, engaged in any Prohibited Practices in the Selection Process or before or after entering into of this Contract. In such an event, the Authority shall forfeit and appropriate the Performance Security, if any, as mutually agreed genuine pre-estimated compensation and damages payable to the Authority towards, inter alia, time, cost and effort of the Authority, without prejudice to the Authority’s any other rights or remedy hereunder or in law.

6.17.6 For the purposes of Clauses 6.17.5, the following terms shall have the meaning hereinafter respectively assigned to them:

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(a) “corrupt practice” (i) means the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Selection Process (for removal of doubt, offering of employment 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 Selection Process or LOA or dealing with matters concerning the Contract 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) engaging in any manner whatsoever, whether during the Selection Process or after the issue of LOA or after the execution of the Contract, as the case may be, any person in respect of any matter relating to the Project or the LOA or the Contract, who at any time has been or is a legal, financial or technical adviser the Authority in relation to any matter concerning the Project;

(b) “Fraudulent practice” means a misrepresentation or omission of facts or suppression 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 person or property to influence any person’s participation or action in the Selection Process or the exercise of its rights or performance of its obligations by the Authority under this Contract;

(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.

6.18 Confidentiality The Consultant, and the Personnel of either of them shall not, either during the term or within two years after the expiration or termination of this Contract disclose any proprietary information, including information relating to reports, data, drawings, design software or other material, whether written or oral, in electronic or magnetic format, and the contents thereof; and any reports, digests or summaries created or derived from any of the foregoing that is provided by the Authority to the Consultant and the Personnel; any

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information provided by or relating to the Authority, its technology, technical processes, business affairs or finances or any information relating to the Authority’s employees, officers or other professionals or suppliers, customers, or contractors of the Authority; and any other information which the Consultant is under an obligation to keep confidential in relation to the Project, the Services or this Contract (“Confidential Information”), without the prior written consent of the Authority. Notwithstanding the aforesaid, the Consultant, and the Personnel of either of them may disclose Confidential Information to the extent that such Confidential Information: (i) was in the public domain prior to its delivery to the Consultant, and the

Personnel of either of them or becomes a part of the public knowledge from a source other than the Consultant, and the Personnel of either of them;

(ii) was obtained from a third party with no known duty to maintain its confidentiality;

(iii) Is required to be disclosed by Applicable Laws or judicial or administrative or arbitral process or by any governmental instrumentalities, provided that for any such disclosure, the Consultant, and the Personnel of either of them shall give the Authority, prompt written notice, and use reasonable efforts to ensure that such disclosure is accorded confidential treatment; and

(iv) is provided to the professional advisers, agents, auditors or representatives of the Consultant or Personnel of either of them, as is reasonable under the circumstances; provided, however, that the Consultant or Personnel of either of them, as the case may be, shall require their professional advisers, agents, auditors or its representatives, to undertake in writing to keep such Confidential Information, confidential and shall use its best efforts to ensure compliance with such undertaking.

6.19 Liability of the Consultant 6.19.1 The Consultant’s liability under this Contract shall be determined by the

Applicable Laws and the provisions hereof. 6.19.2 The Consultant shall, subject to the limitation specified in Clause 6.19.3, be

liable to the Authority for any direct loss or damage accrued or likely to accrue due to deficiency in Services rendered by it.

6.19.3 The Parties hereto agree that in case of negligence or willful misconduct on the part of the Consultant or on the part of any person or firm acting on behalf of the Consultant in carrying out the Services, the Consultant, with respect to damage caused to the Authority’s property, shall not be liable to the Authority: (i) for any indirect or consequential loss or damage; and

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(ii) for any direct loss or damage that exceeds (a) the Contract Value set forth in Clause 6.1.2 of this Contract, or (b) the proceeds the Consultant may be entitled to receive from any insurance maintained by the Consultant to cover such a liability, whichever of (a) or (b) is higher.

6.19.4 This limitation of liability specified in Clause 3.4.3 shall not affect the Consultant’s liability, if any, for damage to Third Parties caused by the Consultant or any person or firm acting on behalf of the Consultant in carrying out the Services subject, however, to a limit equal to 3 (three) times of the Contract Value.

6.20 Accounting, Inspection and Auditing The Consultant shall: a. keep accurate and systematic accounts and records in respect of the

Services provided under this Contract, in accordance with internationally accepted accounting principles and standards such as Indian Accounting Standards, GAAP, etc and in such form and detail as will clearly identify all relevant time charges and cost, and the basis thereof (including the basis of the Consultant’s costs and charges); and

b. Permit the Authority 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 Authority.

6.21 Reporting obligations The Consultant shall submit to the Authority the reports and documents specified in the Contract, in the form, in the numbers and within the time periods set forth therein.

6.22 Documents prepared by the Consultant to be property of the Authority 6.22.1 All reports and other documents (collectively referred to as “Consultancy

Documents”) prepared by the Consultant (Sub-Consultants or any Third Party) in performing the Services shall become and remain the property of the Authority, and all intellectual property rights in such Consultancy Documents shall vest with the Authority. Any Consultancy documents of which the ownership or the intellectual property rights do not vest with the Authority under law, shall automatically stand assigned to the Authority as and when such Consultancy Document is created and the Consultant agrees to execute all papers and to perform such other acts as the Authority may deem necessary to secure its rights herein assigned by the Consultant.

6.22.2 The Consultant shall, not later than termination or expiration of this Contract,

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deliver all Consultancy Documents to the Authority, together with a detailed inventory thereof. The Consultant may retain a copy of such Consultancy Documents. The Consultant, its Sub-Consultants or a Third Party shall not use these Consultancy Documents for purposes unrelated to this Contract without the prior written approval of the Authority.

6.22.3 The Consultant shall hold the Authority harmless and indemnified for any losses, claims, damages expenses (including all legal expenses), awards, penalties or injuries (collectively referred to as “Claims”) which may arise from or due to any unauthorised use of such Consultancy Documents, or due to any breach or failure on part of the Consultant or its Sub- Consultants or a Third Party to perform any of its duties or obligations in relation to securing the aforementioned rights of the Authority.

6.23 Materials furnished by the Authority Materials made available to the Consultant by the Authority shall be the property of the Authority and shall be marked accordingly. Upon termination or expiration of this Contract, the Consultant shall furnish forthwith to the Authority, an inventory of such materials and shall dispose of such materials in accordance with the instructions of the Authority.

6.24 Providing access to Project Office and Personnel The Consultant shall ensure that the Authority, and officials of the Authority having authorization from the Authority, are provided unrestricted access to the office of the Consultant and to all Personnel during office hours. The Authority’s official, who has been authorized by the Authority in this behalf, shall have the right to inspect the Services in progress, interact with Personnel of the Consultant and verify the records relating to the Services for his satisfaction.

6.25 Accuracy of Documents The Consultant shall be responsible for accuracy of the documents drafted and/ or vetted and data collected by it directly or procured from other agencies/authorities, estimates and all other details prepared by it as part of these services. Subject to the provisions of Clause 3.4, it shall indemnify the Authority against any inaccuracy in its work which might surface during implementation of the Project, if such inaccuracy is the result of any negligence or inadequate due diligence on part of the Consultant or arises out of its failure to conform to good industry practice. The Consultant shall also be responsible for promptly correcting, at its own cost and risk, the documents including any re-survey / investigations.

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6.26 CONSULTANT’S PERSONNEL General

The Consultant shall employ and provide such qualified and experienced Personnel as may be required to carry out the Services.

6.26.1 Deployment of Personnel The designations, names and other particulars of each of the

Consultant’s Key Personnel required in carrying out the Services are described in Annex-2 of this Contract.

6.26.2 If additional work is required beyond the scope of the Services specified in the Terms of Reference, the estimated periods of engagement of Personnel, set forth in the Annexes of the Contract may be increased by Contract in writing between the Authority and the Consultant, provided that any such increase shall not, except as otherwise agreed, cause payments under this Contract to exceed the Contract Value set forth in Clause 6.28

6.26.3 Approval of Personnel The Key Personnel listed in Annexure-2 of the Contract are hereby approved by the Authority. No other Key Personnel shall be engaged without prior approval of the Authority. If the Consultant hereafter proposes to engage any person as Professional Personnel, it shall submit to the Authority its proposal along with a CV of such person. The Authority may approve or reject such proposal within 14 (fourteen) days of receipt thereof. In case the proposal is rejected, the Consultant may propose an alternative person for the Authority’s consideration. In the event the Authority does not reject a proposal within 14 (fourteen) days of the date of receipt thereof under this Clause 4.3, it shall be deemed to have been approved by the Authority.

6.26.4 Substitution of Key Personnel The Authority expects all the Key Personnel specified in the Proposal to be available during implementation of the Contract. The Authority will not consider any substitution of Key Personnel except under compelling circumstances beyond the control of the Consultant and the concerned Key Personnel. Such substitution shall be limited to not more than two Key Personnel subject to equally or better qualified and experienced personnel being provided to the satisfaction of the Authority. Without prejudice to the foregoing, substitution of the Key Personnel shall be permitted only upon reduction of remuneration equal to 5% (Five per cent) of the total contract value for each such substitution. The Consultant should specifically note that substitution of the Key Personnel will not normally be considered during the implementation of the Contract and may lead to disqualification of the Applicant or termination of the Contract. The Key Personnel must commit the time required for and be available for delivering the Consultancy in accordance with the terms specified herein.

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6.26.5 Team Leader / Project Manager The person designated as the Team Leader of the Consultant’s Personnel shall be responsible for the coordinated, timely and efficient functioning of the Personnel. In addition, the Consultant shall designate a suitable person as Project Manager (the “Team Leader”) who shall be responsible for day to day performance of the Services.

6.27 OBLIGATIONS OF THE AUTHORITY

6.27.1 Assistance in clearances etc. Unless otherwise specified in the Contract, the Authority shall make best efforts to ensure that the Government shall: a. provide the Consultant, and its Personnel with work permits and such

other documents as may be necessary to enable the Consultant & its Personnel to perform the Services;

b. Facilitate prompt clearance through customs of any property required for the Services; and

c. 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.

6.27.2 Payment

In consideration of the Services performed by the Consultant under this Contract, the Authority shall make to the Consultant such payments and in such manner as is provided in Clause 6 of this Contract.

6.28 PAYMENT TO THE CONSULTANT Cost estimates and Contract Value

An abstract of the cost of the Services payable to the Consultant is set forth in the Contract. Except as may be otherwise agreed under Clause 6.12 and subject to Clauses 6.26.2, the payments under this Contract shall not exceed the Contract value specified herein (the “Contract Value”). The Parties agree that the Contract inclusive of all taxes.

6.29 Currency of Payment All payments shall be made in Indian Rupees. The Consultant shall be free to convert Rupees into any foreign currency as per Applicable Laws

6.30 Mode of billing and payment Billing and payments in respect of the Services shall be made as follows:-

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a. The Consultant shall be paid for its services as per the Payment Schedule as per subject to the Consultant fulfilling the following conditions:

i. No payment shall be due for the next stage till the Consultant completes to the satisfaction of the Authority the work pertaining to the preceding stage.

ii The Authority shall pay to the Consultant, only the undisputed amount.

b. The final payment under this Clause 6.30 shall be made only after the final Deliverable shall have been submitted by the Consultant and approved as satisfactory by the Authority. The Services shall be deemed completed and finally accepted by the Authority and the final Deliverable shall be deemed approved by the Authority as satisfactory upon expiry of 60 (sixty) days after receipt of the final Deliverable unless the Authority, within such 60 (sixty) day period, gives written notice to the Consultant specifying in detail, the deficiencies in the Services. The Consultant shall thereupon promptly make any necessary corrections and/or additions, and upon completion of such corrections or additions, the foregoing process shall be repeated. The Authority shall make the final payment upon acceptance or deemed acceptance of the final Deliverable by the Authority.

c. Any amount which the Authority has paid or caused to be paid in excess of the amounts actually payable in accordance with the provisions of this Contract shall be reimbursed by the Consultant to the Authority within 30 (thirty) days after receipt by the Consultant of notice thereof. Any such claim by the Authority for reimbursement must be made within 1 (one) year after receipt by the Authority of a final report in accordance with Clause 6.30. Any delay by the Consultant in reimbursement by the due date shall attract simple interest @ 5% (five per cent) per annum.

d. All payments under this Contract shall be made to the account of the Consultant as may be notified to the Authority by the Consultant.

6.31 LIQUIDATED DAMAGES AND PENALTIES 6.31.1 Performance Security

For the purposes of this Contract, performance security shall be deemed to be an amount equal to 5% (five percent) of the Contract Value (the “Performance Security”);

6.31.2 Liquidated Damages Liquidated Damages for error/variation

6.31.3 In case any error or variation is detected in the reports submitted by the

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Consultant and such error or variation is the result of negligence or lack of due diligence on the part of the Consultant, the consequential damages thereof shall be quantified by the Authority in a reasonable manner and recovered from the Consultant by way of deemed liquidated damages, subject to a maximum of the Contract Value.

6.31.4 Liquidated Damages for Delay

In case of delay in completion of Services, liquidated damages not exceeding an amount equal to 0.2% (zero point two per cent) of the Contract Value per day, subject to a maximum of 10% (ten per cent) of the Contract Value shall be imposed and shall be recovered by appropriation from the Performance Security or otherwise. However, in case of delay due to reasons beyond the control of the Consultant, suitable extension of time shall be granted.

6.31.5 Encashment and appropriation of Performance Security The Authority 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 breach of this Contract or for recovery of liquidated damages specified in this Clause 6.31.2.

6.31.6 Penalty for deficiency in Services In addition to the liquidated damages not amounting to penalty, as specified in Clause 6.31.2, warning may be issued to the Consultant for minor deficiencies on its part. In the case of significant deficiencies in Services causing adverse effect on the Project or on the reputation of the Authority, other penal action including debarring for a specified period may also be initiated as per policy of the Authority.

6.32 FAIRNESS AND GOOD FAITH 6.32.1 Good Faith

The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realisation of the objectives of this Contract

6.32.2 Operation of the Contract The Parties recognise that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but failure to agree on any action pursuant to this Clause 6.32.2 shall not give rise

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to a dispute subject to arbitration in accordance with Clause 6.33 hereof.

6.33 SETTLEMENT OF DISPUTES

6.33.1 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.

6.33.2 Dispute Resolution Any dispute, difference or controversy of whatever nature howsoever arising under or out of or in relation to this Contract (including its interpretation) between the Parties, and so notified in writing by either Party to the other Party (the “Dispute”) shall, in the first instance, be attempted to be resolved amicably in accordance with the conciliation procedure set forth in Clause 6.34. The Parties agree to use their best efforts for resolving all Disputes arising under or in respect of this Contract promptly, equitably and in good faith, and further agree to provide each other with reasonable access during normal business hours to all non-privileged records, information and data pertaining to any Dispute.

6.34 Conciliation In the event of any Dispute between the Parties, either Party may call upon Managing Director, MPLUN for amicable settlement, and upon such references will make an attempt to amicably resolve the Dispute. If the Dispute is not amicably settled within 15 (fifteen) days of the meeting or the Dispute is not resolved as evidenced by the signing of written terms of settlement within 30 (thirty) days of the notice in writing referred to in Clause 6.33.2 or such longer period as may be mutually agreed by the Parties, either Party may refer the Dispute to arbitration in accordance with the provisions of Clause 6.35.

6.35 Arbitration 6.35.1 Any Dispute regarding Execution and Non-Execution in terms of this Contract

/ Interpretation of any other matter relating this Contract the same shall be referred for Arbitration to the Managing Director of MPLUN whose decision shall be final and conclusive in all respects and shall be binding on the parties.

6.35.2 That for all Disputes the Courts at Bhopal alone has the jurisdiction.

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Annexure - A

M.P. LAGHU UDYOG NIGAM LIMITED, BHOPAL

Emporium Activities

7.1 Emporium Department

Showcasing & Marketing of handloom and handicraft products though chain of emporiums situated within and outside of the state. Counter sale of products of various cottages & tiny industries on consignment basis. Mrignayani Vipnan Seva and Open Market Tendering. Marketing activities of 30 products (as per SPR)

7.2 souvenir shop Souvenir shop at Bandhavgadh, Kanha and Pench and development of new prototype for our souvenir shop and mp tourism hotels. 7.3 Specialized exhibition organized by various Mrignayani Emporiums in 2012-13

Emporium Name Number Of Exhibition

Bhopal Emporium 09

Gwalior Emporium 10

Rewa Emporium 10

Jabalpur Emporium 08

Indore Emporium 09

Kolkata Emporium (2) 20

Delhi Emporium 11

7.4 ISO 9001:2008 certificate obtained by Delhi Emporium 7.5 Marketing through E-portal www.mrignayani.com 7.6 Various Projects :-

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• Design development project for wood craft at Sheopurkalan

• More than 10 prototype project has been developed under this project, which was financially supported by DC (Handicraft).

• Received Rajeev Gandhi Shilpi Swasthya Beema Yojana

• Under the scheme of Rajiv Gandhi Shilpi Swasthya Beema Yojana MPLUN has paid part of insurance premium of 15000 artisans.

• Won silver medal for excellent display and design of the MP pavilion.

• Silk Mark and Handloom Mark certification

• Silk Mark: To add value to silk products of Mrignayani, "Silk Mark" certification from the ministry of textiles, Govt. of India has already obtained. Handloom Mark: Mrignayani applied for "Handloom Mark" for its handloom cloths.

7.7 Emporium Activity-Handloom, Handicrafts & SMEs Product Business (Rs. in crore)

S.N Year Business assisted weavers, artisan & SMEs

1 2008-09 10.66 140

2 2009-10 13.13 160

3 2010-11 18.09 144

4 2011-12 19.59 140

5 2012-13 24.00 107

7.6.5

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7.8 Head Office MADHYA PRADESH LAGHU UDYOG NIGAM LIMITED Panchanan Bhawan, ( 4th Floor), Malviya Nagar, Bhopal 462003. Phone Number: 2673103, 552971 7.9 Branches

Branch Name

Address Phone

BHOPAL 23, Shopping Centre, T.T. Nagar New Market, Bhopal, Madhya Pradesh, 462001

0755- 2554162

NEW DELHI B-8, Baba Kharak Singh Marg, Connaught Pl, New Delhi, DL 110001.

011-23363320

KOLKATA 1. Dakshinapan, 2 Gariahat Road, (South) Kolkata- 700068 2. Handloom Haveli, Uttarapan Shopping Complex, Ultadanga, Kolkata - 54

033-24237512 033- 23550336

GWALIOR Pardhi Mohalla, Shekh Ki Bagiya, Gwalior, Madhya Pradesh 474009

0751-4041903

INDORE 165, Krishnapura, M G Road, Indore - 452007 731-2541945

JABALPUR Mrignayani Emporium, Civik Centre, Madhatal, Jabalpur

0761-2410826

REWA Mrignayani Emporium, Vanket Road, Rewa - 486001 07662 - 256792