SANT ROHIDAS LEATHER INDUSTRIES AND CHARMAKAR DEVELOPMENT CORPORATION LTD.

(A Government of Maharashtra Undertaking) Bombay life Building, 5th floor, 45, Veer Nariman Road, Mumbai-400 001

Tel : 22044186, 22047157, Fax : (022) 22835881 www.lidcom.co.in / E mail – mktprod@lidcom.co.in

E TENDER NOTICE

The Managing Director, Sant Rohidas Leather Industries and Charmakar Development

Corporation Ltd., invites E - tenders in two envelop system from the reputed Management

Agency for engagement of Project Management Consultant (PMC) for Implementation of

Mega-Leather cluster development in Maharashtra of LIDCOM

Tender REFERENCE NO. : LIDCOM/MLFAC/Tender/01/2019-20 Tender FOR : Inviting Management Agency for

Engagement of Project Management Consultant (PMC) for Implementation of Mega-Leather cluster development in Maharashtra

BID SECURITY : As per Tender Document Tender Fee : Rs.10,000/- Earnest Money Deposit (EMD) : 2,00,000/- Download of Bid Documents : 10/02/2020 at 10.00 hrs. 24/02//2020 up to

17.00 hrs. Prebid meeting Place, Date and Time

: 12/02/2020 15.00 hrs., at LIDCOM Head Office,

Last Date for Submission of Bid : 24/02/2020 up to 17.00 hrs. Technical Bid Opening Date : 26/02/2020 up to 15.00 hrs.

For further details, please visit Website https://maharashtra.etenders.in through sub portal of

https://swd.maharshtra.etenders.in or e-portal of government of Maharashtra

Please visit our website www.lidcom.co.in for updates and details

Managing Director

For Sant Rohidas Leather Industries & Charmakar Development Corporation Ltd.,

FORM FEES RS 10,000/-

SANT ROHIDAS LEATHER INDUSTRIES AND CHARMAKAR DEVELOPMENT

CORPORATION LTD.

(A Government of Maharashtra Undertaking)

Bombay life Building, 5th floor, 45, Veer Nariman Road, Mumbai-400 001

Tel : 22044186, 22047157, Fax : (022) 22835881

www.lidcom.co.in/ E mail – mktprod@lidcom.co.in

TENDER DOCUMENT

FOR

Schedule of E Tender Sr. No.

ADFStage Start Date & Time Expiry Date & Time

1 Release Tender 10/02/2020 10.30 2 Document Download 10/02/2020 10:30 24/02/2020 17:00 3 Bib Preparation 10/02/2020 10:30 24/02/2020 17:00 4 Superhash

Generation & bid Lock

24/02/2020 17:01

24/02/2020 17:30

5 Control Transfer of Bid 24/02/2020 17:30 25/02/202017:31

6 Technical Bid Opening 26/02/2020 12.00 26/02/2020 17:00

7 Price Bid Opening 26/02/2020 12.00 26/02/2020 17:00

Note: -

1. for detailed information, the Bidders may visit the website of Government Maharashtra http://maharashtra.etenders.in through sub portal of https://swd.maharashtra.etenders.in

2. The interested Bidders will have to pay service providers fee for online Submission of Bide@Rs.1063/- per tender.

3. The nonrefundable tender fee per tender Rs.10,000/-will have to be Paid Online.

4. Earnest Money as per Tender Document will have be Paid Online.

5. Time schedule can be seen on the website. https://swd.maharashtra.etenders.in

6. if any assistance is required regarding e- Tendering

registration/upload/Download) please contact GOM e-Tendering Help Desk on number:020-30187500 (pune Help ling) Email: support.gom@nextenders.com

7. Pre bid meeting date: 12/02/2020 at 15.00 Hrs.

8. All the bidders will have to complete 3 stages Tender Download, Bid Preparation and Bid Submission i.e. Control of Transfer otherwise bidders will not get qualified for technical and commercial bid opening.

9. LIDCOM reserves the right to reject the whole tender without assigning any reason. 10. Managing Director LIDCOM shall not be responsible for any loss as a result of

rejection of such bid. Tender schedule shall be as per E-Tenders notice.

11. Estimate of e-tender cost Rs. 55.00 Lakhs.

Managing Director For Sant Rohidas Leather Industries &

Charmakar Development Corporation Ltd.,

REQUEST FOR

PROPOSAL

Engagement of Project Management Consultant (PMC)

for Implementation of Mega-Leather cluster

development in Maharashtra

Sant Rohidas Leather Industries & Charmakar Development Corporation Ltd. (LIDCOM)

NIT: REFERENCE NO: LIDCOM/MLFAC/Tender/01/2019-20

Proposal Issue Date: 06.02.2020

Last Date of Submission: 20.02.2020

FACT SHEET

Sr. No Item Name Details 1 Tender Number LIDCOM/MLFAC/Tender/01/2019-20 2 Project Name Engagement of Project Management Consultant (PMC)

for Implementation of Mega-Leather cluster development in Maharashtra

3 Name of issuer of tender

Sant Rohidas Leather Industries & Charmakar Development Corporation Ltd. (LIDCOM)

4 Date of issue of tender document

10.02.2020

6 Last date for submission of bids

24.02.2020 at 05:00 PM

7 Date of opening of bids

25.02.2020

8 Date of presentations

12.02.2020

9 Date of commercial bids

To be shared later

10 Tender Fee Rs 10,000/-

11 Earnest Money Deposit (EMD)

Rs 2,00,000/-

12 Purchase of Tender document

The bidders are required to submit along with the proposal, the tender fee of INR 10,000 in the form of demand draft in favour of “Managing Director, LIDCOM” and Payable at Mumbai

Veer Nariman Road, Kala Ghoda, Fort, Mumbai, Maharashtra 400001

13 Validity of Proposal Proposals must remain valid for 45 days after the submission date

14 Method of selection Quality and Cost Based Selection (QCBS) 15 Bid Submission Bidders must submit an original and one additional copy of

each proposal along with one number of non – editable CD

16 Nodal Officer for this Project an Address for Communication

Managing Director, (or any officer nominated by Managing Director) Veer Nariman Road, Kala Ghoda, Fort, Mumbai, Maharashtra 400001 Phone: 022 2204 4186 Email: mktprod@lidcom.co.in

A. INTRODUCTION LIDCOM proposed to implement a Mega Leather Cluster project with grant /funding under the Mega Leather Cluster Scheme of Government of India. For the purpose, LIDCOM proposes to engage services of a competent professional agency/consulting organization involved in Cluster development activities as the Project Management Consultant (PMC) The PMC will be broadly responsible for preparation of DPR as per guidelines of sub-scheme “Mega-Leather Cluster” of Indian Footwear Leather & Accessories Development Program (IFLADP). The PMC will carry out appropriate studies and prepare necessary documents including detailed design and engineering and capacity building to support cluster development. The PMC will professionally handhold LIDCOM in implementing the proposed Mega Leather Cluster within the agreed time lines and project mile stones. B. SCOPE OF WORK PMC to assist LIDCOM identification, development and execution of Mega Leather cluster and shall, inter alia, provide the following services: 1. Project Preparatory activities Project Identification: To identify the potential entrepreneurs, sensitize and mobilize them to participate in the process of development of Mega-leather cluster and preparation of Diagnostic Study of the requirements of common facility and infrastructure in the specific location based on demand and potentiality. This would involve:

• Demand assessment • Mobilization of potential entrepreneurs • Profiling the entrepreneurs willing to participate in the development of Mega leather cluster

Exposure visit: The PMC shall assist in identification of a well performing cluster of similar business operations, preferably an international one (as per the direction of the department) and facilitate planning of an exposure visit to understand the cluster leading practice and industry interaction. LIDCOM will nominate a team officers for the exposure visit. If LIDCOM decides that resources of the PMC are required to accompany this market visit, LIDCOM will reimburse the expenses incurred by PMC for its resources for this visit including flights, hotel, local conveyance, incidentals etc. 2. Preparation of Detailed Project Report The PMC shall take up preparation of a Detailed Project Report (DPR) for the Mega Leather Cluster. The Project Report will include all essential features related to physical, technical, financial, environmental and institutional aspects of the projects and will be consistent with the sub-scheme “Mega Leather Cluster‟ of Indian Leather Development Programme (ILDP) of Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry, Government of India.

The project plan would also include standards for each component of infrastructure and detailed estimates, which shall be based on the CPWD schedule of rates and/or market rates. The Generic Structure of the DPR will be as given in the guidelines of Department of Expenditure (PF-ll Division) OM No.1 (2)-PF.l|/03 dated 7th May 2003. The preparation of DPR would involve the following:

Physical planning and engineering design:

• Conducting the topographic survey of the identified land • Land use planning • Infrastructure lay-out • Location of proposed common facilities • Facilities for effluent treatment and disposal

• Design of typical units /cross sections to arrive at the cost etc.

Technical details: Details related to leather article production, plant and machinery etc. Financial details:

• Estimated cost of the project -component wise • Means of financing – Equity, grant and debts • Financial analysis • Other related aspects

Institutional details:

• Organizational structure • Mode of implementation • Time-frame • O&M plan including user fee related aspects

Environmental related details: Environmental management systems including the proposed technologies and systems for effluent treatment and discharge. 3. Development and Operationalization

• Facilitating formation of SPV at each project level with the participation of local industry. • The monitoring of the implementation of the Mega Leather, Footwear and Accessories Cluster scheme, • Setting milestones for monitoring the project at the time of approval of the project itself, • Devising suitable monitoring and evaluation mechanism for the projects under the scheme. • Periodical monitoring of the progress of the projects • Providing other need based advisory services to the Government in effective implementation of the scheme

and • Ensuring timely completion of project(s) as determined by the Department. • NOC, approvals, clearances and confirmations from stakeholders such as government, semi-government,

non-government bodies and industry.

C. ROLE OF THE SANT ROHIDAS LEATHER INDUSTRIES & CHARMAKAR DEVELOPMENT CORPORATION LTD. (LIDCOM)

1) Capitalization of the Project: LIDCOM shall arrange to capitalize the projects through infusion of requisite equity / contribution (if required)

2) Land for the Project: LIDCOM shall facilitate in identification / procurement / arrangement of suitable

land for the project

3) Statutory Approvals: LIDCOM shall assist to obtain key statutory approvals/clearances including

environmental and pollution clearance etc., which are pre – requisite to commencement of the project implementation

4) Financial Institution Appraisal: If required under the scheme guidelines, the Directorate shall bear the cost

of project appraisal from a Financial Institution / bank. D. SUBMISSION OF BIDS

Complete bidding process will be online (e-Tendering) in Two envelope system. Submission of bids shall be in accordance to the instructions given in the Table below:

PARTICULAR INSTRUCTION

Envelope A: EMD Bidder shall Online submit EMD and Tender Fee in Envelope A: Scanned copy of EMD Receipt and Tender Fee

Envelope A: Technical Proposal

The technical proposal shall include the following:-

• Technical Proposal response letter—Refer Section 6.2 bidder's authorised representative letter to sign.

Affidavit that the bidder has ‘not been debarred/ blacklisted by any Govt/ Semi-Govt, organisation for quality of services/ product arid there are no legal issues/ order prohibiting/restraining the bidder to participate in the bill process.

• • Tender Document signed and stamped copy of the original RFP document

• Copy of GST Registration. • Copy of Shop and Establishment License Certificate. • Copy of Permanent Account Number (PAN)

• Copy of bidders Turnover Annual Report/ Audited Balance sheet/ last three years. • Registration Empanelment of firms by Maharashtra Governments

The Technical Proposal shall be prepared in accordance with the requirements specified in this RFP in section 6.2. Bidders shall submit accurately filled Checklist for Technical Proposal.

Each page of the Technical Proposal should be signed and stamped by the Authorized Signatory of the Bidder. Proposal should be submitted through online bid submission process only.

Envelope B: Financial Proposal

The Financial Proposal shall be prepared in accordance with the Requirements specified in this RFP and in the formats prescribed in Section 6.4 of the RFP.

Each page of the Financial Proposal should be signed and stamped by the Authorized Signatory of the Bidder. Financial Proposal should be submitted through online bid submission process only. In no way the bidder shall indicate its Financial Offer in any Envelope other than Envelope B. In case it is found, LIDCOM may summarily reject the proposal of the said bidder.

The following points shall be kept in mind for submission of bids;

i. LIDCOM shall not accept delivery of proposal in any manner other than that specified in this RFP. Proposal delivered in any other manner shall be treated as defective, invalid and rejected.

ii. The Bidder is expected to price all the items and services sought in the RFP and proposed in the

proposal. The Bid should be comprehensive and inclusive of all the services to be provided by the Bidder as per the scope of his work and must cover the entire Contract Period.

iii. LIDCOM may seek clarifications from the Bidder on the Technical proposal. Any of the clarifications by the Bidder on the Technical proposal should not have any commercial implications.

iv. Financial Proposal shall not contain any technical information. v. It is required that the all the proposals submitted in response to this RFP should be unconditional in all

respects, failing which LIDCOM reserves the right to reject the proposal. vi. Proposals sent by fax/post/courier shall be rejected. vii. The bid should be a complete document and should be page numbered, indexed and bound as a single

set. The document should be page numbered and appropriately flagged and must contain the list of contents with page numbers. Any deficiency in the documentation may result in the rejection of the bid.

E. CRITERIA FOR SELECTION OF PMC

The selection of PMC will be done on QCBS pattern. The consultants that fulfill the following pre-qualification criteria should be considered eligible. Failure to comply with pre-qualifications Criteria’s shall render the consultants ineligible. The Technical & Financial proposal of in-eligible consultants shall not be considered and shall be returned un-opened.

1) Minimum Eligibility Criteria: The Consultant shall need to fulfill the minimum eligibility criteria:

a. The applicant should be a Company / Firm / LLP/NGO & Trust registered in India. b. Consortium is allowed, subject to approval from LIDCOM. c. The applicant should not be black-listed by any Central government department/agency or Government

of Maharashtra department/agency at the time of submission of application.

2) Criteria for Minimum Acceptable Experience: Experience of being engaged for setting up of at least three green-field infrastructure projects of similar nature in past to help in the design and development of the project.

3) Criteria for Technical Evaluation: Only bidders meeting the above minimum eligibility criteria shall be

considered for technical evaluation. The selection of Consultant shall be based on the following technical criteria:

S.No Evaluation Parameter Maximum Marks

Details

1 Firm’s experience 20 1.1 Experience in assisting

Government of India or State Governments in implementation of their Schemes focused on development of Industries and/or MSMEs

5 Completed/on-going minimum 3 credentials may be submitted. Each credential to be awarded maximum 2.5 Marks; where consultant’s total fees is:

Upto INR 1 Cr – 0.5 Mark INR 1 Cr < 2 Cr – 1 Marks INR 2 Cr or more- 2.5

S.No Evaluation Parameter Maximum Marks

Details

Marks 1.2 Experience of working as

Project Management Consultants (PMC) for State Governments in developing MSME agenda through programs and schemes.

5 Completed/on-going minimum 3 credentials may be submitted. Each credential to be awarded maximum 2.5 Marks; where consultant’s core team size is: • Upto 2 fulltime resources

– 0.5 Mark • More than 2 & up to 5

fulltime resources - 1 Mark

• More than 5 fulltime resources – 2.5 marks

1.3 Experience of assisting State Government in obtaining approval under MoMSME, GoI projects/ State schemes

10 2 marks for each project report where approval is obtained. Maximum of 5 projects

2 Team proposed 30 2.1 Sector Expert

10 Leather (footwear and

Leather goods) sector expert with minimum 10 yrs of experience

Core team 2.2 Team leader

8 • post graduate in

management, Minimum 7 yrs of relevant work experience

2.3 Design expert /Land Surveyor / Financial Expert Governance expert (4 nos.) (3 marks each)

12 • Post graduate degree in relevant area with minimum 5 yrs of relevant work experience

2.4 Support Consultants -2 - • Post graduate with 3

years of consulting experience. Profiles will not be included in the evaluation

3 Approach and Methodology including presentation

40 • Approach and Methodology for undertaking the assignment– 20 Marks

• Technical Presentation – 20 Marks

4 Approach for Transfer of Knowledge

10 The consultant shall propose an appropriate approach for transfer of knowledge to the LIDCOM

Total Marks 100

F. EVALUATION PROCESS

The Agency shall be selected through a Quality and Cost Based Selection (QCBS) process. A three-stage selection process will be adopted in evaluating the Proposals. In the first stage, pre-qualification shall be assessed based on criteria mentioned above. In the second stage, a technical evaluation will be carried out. In the third stage, financial evaluation will be carried out. Proposals will finally be ranked according to their combined technical and financial scores. The Institution/agency with highest combined technical and financial score shall be selected and the Institution/agency with second highest combined score may be kept in reserve.

i. Evaluation of Technical Proposal: Technical Proposal will be evaluated on the basis of parameters

mentioned above. 80% of weightage shall be given to the technical proposal and 20% to financial proposal. Only those Applicants who’s Technical Proposals score 70 marks or more out of 100 marks shall qualify for further consideration.

ii. Evaluation of Financial Proposal: Financial evaluation will be carried out and each Financial

Proposal will be assigned a financial score (SF). For financial evaluation, the total cost excluding taxes given in the Financial Proposal will be considered. The Evaluation Committee will determine whether the Financial Proposals are complete, unqualified and unconditional. The cost indicated in the Financial Proposal (as per annexure G) shall be deemed as final and reflecting the total cost of services. Omissions, if any, in costing any item shall not entitle the Team to be compensated and the liability to fulfill its obligations as per the TOR within the total quoted price shall be that of the Consultant. The lowest financial proposal (FM) will be given a financial score (SF) of 100 points. The financial scores of other proposals will be computed as follows:

SFx= 100 x FM/F (F = amount of Financial Proposal)

iii. Combined Technical & Financial Evaluation: Proposals will finally be ranked according to their

combined technical (STx) and financial (SFx) scores as follows:

S = STxTw + SFxFw

Where S is the combined score, and Tw and Fw are weights assigned to Technical Proposal and Financial Proposal that shall be 0.80 and 0.20 respectively. The selected Firm shall be the first ranked consulting agency (having the highest combined score). The second ranked consulting agency may be kept in reserve in case the first ranked firm withdraws or fails to comply with the requirements as the case may be.

G. PROFESSIONAL FEE The Consultant shall be paid the professional fee under the engagement as per below structure: As per the agreement

H. EARNEST MONEY DEPOSIT

i. The bidder has to submit EMD in two parts as detailed below. Any bid found to have part EMD or no EMD or incorrect EMD value and form other than as detailed below would be summarily rejected. EMD through Online Payment Mode: The bidder has to submit Online EMD of an amount of Rs.2,00,000/- through Online Payment mode on https://maharashtra.enteders.in e- tendering portal. The Bidders shall ensure that the payment of the EMD amount through Online Payment mode using the System Generated Challan on https://maharashtra.enteders.in e-tendering portal is done immediately. Bidders should be uploading EMD receipt with Tender Documents.

ii. Bidders should upload scanned copy of EMD paid receipt during bid preparation. iii. Bidders should mention the beneficiary account details for EMD refund in the Earnest Money

Deposit Form in the e-Tendering solution as required for Refund. iv. The beneficiary account provided for EMD refund should remain active after award of

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vi.

vii.

viii.

ix.

Tender for successful EMD refund. LIDCOM or e-Tendering Service Provider will not be liable for delays caused in EMD refund due to incorrect/inactive beneficiary account details. The earnest money deposit of unsuccessful bidders will be refunded through RTGS, NEFT, online mode only after finalization of the tender for which the above refund details are required. Bidders should also upload scanned copy of cancelled cheque along with refund letter for refund of their EMD payment. The EMD of unsuccessful bidders will be returned by LIDCOM, without any interest, as promptly as possible and latest by 120th day of signing of the contract by the successful bidder or when LIDCOM cancels the bidding process. The EMD shall be furnished in Indian Rupees only. No interest shall be payable by LIDCOM on the EMD. The EMD shall be forfeited and appropriated by LIDCOM without prejudice to any other right or remedy that may be available to LIDCOM hereunder or otherwise, under the aforementioned conditions. In such an event, the decision of the LIDCOM regarding forfeiture of the Bid Security shall be final and binding upon bidders.

a. If a bidder submits a non-responsive bid; b. If a Bidder withdraws his bid or increases his quoted prices during the

period of bid validity or its extended period, if any. c. If during the bid process, a bidder indulges in any such deliberate act as

would jeopardize or unnecessarily delay the process of bid evaluation and finalization.

d. If during the bid process, any information is found false/fraudulent/mala fide, then LIDCOM shall reject the bid and, if necessary, initiate action.

e. If a bidder engages in a corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice.

f. In the case of successful bidder, if he/she fails within the specified time limit - i. to sign and return the duplicate copy of LOA in accordance

with the terms thereof; ii. to sign the contract within the time specified by LIDCOM;

I. RFP DOCUMENT

The interested bidders may download the RFP document from the website www.xxxxxxx.gov.in; https://www.xxxxx.gov.in

J. SUBMISSION OF PROPOSAL

• This tender document is not transferable • Bidders are advised to study the document carefully • The proposal shall be submitted in English language

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• Submission of response shall be deemed to have been done after careful study and examination of the tender document with full understanding of its implications

• The response to this tender document should be complete in all respects. Incomplete or

partial responses are liable to be rejected • The bidder shall bear all costs associated with the preparation and submission of the

response, including cost of demonstration, benchmarking and presentation for the purposes of clarification of the bid, if so desired by LIDCOM. LIDCOM will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the short listing process

• Further clarifications, corrigendum and any other information related to this tender will

be available at the website www.lidcom.co.in only. The Managing Director reserves the right to accept or reject any or all responses without assigning any reason.

• LIDCOM may, at its own discretion, extend the date for submission of proposals. • Tender documents shall be opened only of those bidders, whose Earnest Money

Deposits are found in order.

K. CONFLICT OF INTEREST

1) The Consultants should provide professional, objective, and impartial advice and at all times hold the organization’s interests paramount, strictly avoid conflicts with other assignments/jobs or their own corporate interests and act without any consideration for future work. Consultants shall not be hired under the circumstances set forth below:

(a) Consultants (including their experts and other personnel, and sub- personnel)

that have a close business or family relationship with a professional staff of the Government entity/organizations (or of the project implementing agency) who are directly or indirectly involved in any part of:

The preparation of the RFP for the assignment The selection process for the contract The supervision of such contract may not be awarded a contract, unless the

conflict stemming from this relationship has been resolved in a manner acceptable to the Government entity/organizations throughout the selection process and the execution of the contract

2) The consultant shall not deploy former employees of L ID C O M in any assignment

under the RFP since the time when employee has left the organization (cooling-off period) is less than 1 year as on date of submission of bid.

3) A Bidder shall be deemed to have a Conflict of Interest affecting the Selection Process,

if:

the Bidder, or Associates (or any constituent thereof) and any other Bidder, or Associate (or any constituent thereof) have common controlling shareholders or other ownership interest; Or such Bidder or its Associate receives or has received any direct or indirect subsidy or grant from any other Bidder or its Associate; or

such Bidder has a relationship with another Bidder, directly or through

common third parties, that puts them in a position to have access to each

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other’s’ information about, or to influence the Proposal of either or each of the other Bidder

4) In the event that the Consultant, its Associates or affiliates are auditors or financial

advisers to any of the Bidders (for System Integration or any other activity) for the Project, they shall make a disclosure to the Directorate as soon as any potential conflict comes to their notice. The Directorate shall, upon being notified by the Consultant under this Clause, decide whether it wishes to terminate this Consultancy or otherwise, and convey its decision to the Consultant within a period not exceeding 15 (fifteen) days.

5) All conflicts must be declared as and when the Consultant becomes aware of them.

They should report any present/ potential conflict of interest to the Directorate at the earliest. Officials of the LIDCOM involved in development of a project shall be responsible for identifying and resolving any conflicts of interest. It should be ensured that safeguards are in place to preserve fair and open competition and measures should be taken to eliminate any conflict of interest arising at any stage in the process.

6) Any Bidder found to have a Conflict of Interest may be disqualified. In the event of

disqualification, LIDCOM shall forfeit and appropriate the EMD.

7) The consultant shall not receive any remuneration in connection with the assignment except as provided in the contract. The consultant and its affiliates shall not engage in consulting or other activities that conflict with the Government entity/ organizations under the contract.

8) A Consultant shall submit only one proposal, either individually or as a joint venture

partner in another proposal. If a consultant, including a joint venture partner, submits or participates in more than one proposal, all such proposals shall be disqualified. This does not, however, prelude a consulting firm to participate as a sub-consultant, or an individual to participate as a team member, in more than one proposal when circumstances justify and if permitted by the RFP

9) Member(s) of the Evaluation team may withdraw as an RFP evaluator if they find

themselves in a way that could create the appearance of bias or unfair advantage with or on behalf of any competitive bidder, potential bidder, agent, subcontractor, or other business entity, whether through direct association with contractor representatives, indirect associations, through recreational activities or otherwise.

L. RIGHT TO ACCEPT OR REJECT PROPOSAL

1) LIDCOM reserves the right to annul the RFP process, or to accept or reject tender any

or all the Proposals in whole or part at any time without assigning any reasons and without incurring any liability to the affected bidder(s) or any obligation to inform the affected bidder(s) of the grounds for such decision

2) Bidders are advised to study all instructions, forms, requirements, appendices and

other information in the RFP documents carefully. Submission of the bid / proposal shall be deemed to have been done after careful study and examination of the RFP document with full understanding of its implications

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M. FRAUD AND CORRUPTION It is required that the Bidders submitting Proposal and the Consulting agency selected through this RFP must observe the highest standards of ethics during the process of selection of project consultant and during the performance and execution of contract.

1) For this purpose, definition of the terms are set forth as follows:

(a) “Corrupt practice” means the offering, giving, receiving or soliciting of

anything of value to influence the action of LIDCOM or its personnel in contract executions

(b) “Fraudulent Practice” means a misinterpretation of facts, in ore to influence a

selection process or the execution of a contract, and includes collusive practice amount bidders(prior to or after Proposal Submission) designed to establish Proposal prices at artificially high or non-competitive levels to deprive LIDCOM of the benefits of free and open competition

(c) “Unfair trade practice” means supply of services different from what is ordered on, or change in the Scope of Work given in Section B.

(d) “Coercive practice” means harming or threatening to harm, directly or

indirectly, persons or their property to influence their participation in the selection process or execution of contract.

(e) “Undesirable practice” means

establishing contact with any person connected with or employed or

engaged by Implementing Agency with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Selection Process; or having a Conflict of Interest.

(f) “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

2) LIDCOM will reject a proposal for award, if it determines that the Bidder

recommended for award, has been determined to having been engaged in corrupt, fraudulent or unfair trade practices.

3) LIDCOM will declare a Consultant ineligible, either indefinitely or for a stated

period of time, for awarding the contract, if it at any time determines that the Consultant has engaged in corrupt, fraudulent and unfair trade practice in competing for, or in executing, the contract.

4) Applicant or Consultant shall not be eligible to participate in any tender or RFP

issued by LIDCOM during a period as decided by LIDCOM from the date such Applicant or Consultant, as the case may be, is found by the Implementing Agency 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.

N. CLARIFICATION AND AMENDEMENT OF RFP

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1) During process of evaluation of Proposals, LIDCOM may, at its discretion, ask Bidders for clarifications on their proposal. The Bidders are required to respond within the prescribed time frame.

2) LIDCOM may for any reason, modify the RFP from time to time. The amendment(s) to the RFP would be clearly spelt out through Corrigendum and the bidders may amend their proposal due to such amendments.

3) Bidders are advised to check LIDCOM’S website (www.lidcom.co.in) regularly for

any Addendum/ Corrigendum/ Amendments related to Project.

4) The amendments so placed on the website will be binding on all the bidders. From the date of issue, amendments to the RFP Document shall be deemed to form an integral part of the RFP. Further, in order to provide, prospective bidders, reasonable time to take the amendment into account in preparing their bid, LIDCOM may, at its discretion extend the deadline for submission of bids

O. DISQUALIFICATION

LIDCOM may at its sole discretion and at any time during the evaluation of Proposal, disqualify any Bidder, if the Bidder has:

a) Made misleading or false representations in the forms, statements and

attachments submitted in proof of the eligibility requirements;

b) Exhibited a record of poor performance such as abandoning works, not properly completing the contractual obligations, inordinately delaying completion or financial failures, etc. in any project in the preceding three years;

c) Submitted a proposal that is not accompanied by required documentation or is non-

responsive; d) Failed to provide clarifications related thereto, when sought;

e) Submitted more than one Proposal;

f) Submitted a proposal with price adjustment/variation provision

g) Any other reason as decided by Tender Evaluation Committee

P. AWARD OF CONTRACT

LIDCOM will notify the successful bidder in writing that its proposal has been accepted. The Consultant shall submit the Performance Bank Guarantee (PBG) as per format within the stipulated time period and sign the Contract Agreement as per format within 10 days of issue of Letter of Intent (LoI). After signing of the Contract Agreement, no variation in or modification of the term of the Contract shall be made except by written amendment signed by the parties.

In case there is a tie for the first ranking, LIDCOM shall have the discretion to negotiate with any of the first bidders to obtain the best terms and award the contract accordingly. In case there is still a tie after the negotiations, LIDCOM will award the

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contract at its own discretion to any of the first bidders based on reasons to be recorded in writing.

Failure of the successful bidder to sign the contract OR willful violation of the bid process shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event LIDCOM may choose to award the work to another bidder or call for fresh bids. The Consultant is allowed to use services of sub-contractor/s for delivering any specific aspects of Project. However, such sub-contractors may be used in rare circumstances, upon approval from LIDCOM.

Q. DURATION The initial engagement of the Project Management Consultant (PMC) shall be for 3 months and it may be extended for another two terms of 3 months based on need and performance.

R. CONFIDENTIALITY

a) Confidential information shall mean and include any and all confidential or

proprietary information furnished, in whatever form or medium, or disclosed verbally or otherwise by the Bidder/ Consultant and/or the Organizations to each other including, but not limited to, the services, plans, financial data and personnel statistics, whether or not marked as confidential or proprietary by the parties.

b) Information relating to the examination, clarification and comparison of the Proposals shall not be disclosed to any Bidder or any other persons not officially concerned with such process until the selection process is over. The undue use by any Bidder of confidential information related to the process may result in rejection of its Proposal. During the execution of the project except with the prior written consent of LIDCOM, the Project Consultant or its personnel shall not at any time communicate to any person or entity any confidential information acquired in the course of the Contract.

S. INTELLECTUAL PROPERTY RIGHTS

No services covered under the Contract shall be sold or disposed by the Consultant in violation of any right whatsoever of third party, and in particular, but without prejudice to the generality of the foregoing, of any patent right, trademark or similar right, or any charge mortgage or lien. The Consultant shall indemnify LIDCOM from all actions, costs, claims, demands, expenses and liabilities, whatsoever, resulting from any actual or alleged infringement as aforesaid and at the expenses of the Consultant, LIDCOM shall be defended in the defense of such proceedings. Any process, method, tool or data including written designs and copyrights, moral rights, arising out of this agreement will be the sole property of LIDCOM; The Liability of the Consultant shall not exceed the value of the contract.

T. PERFORMANCE BANK GUARANTEE (PBG)

a) Within 10 days of issuance of Letter of Intent (LoI), the Consultant shall furnish an

unconditional and irrevocable Performance Bank Guarantee (PBG), amount equivalent to 5% of the contract value for the entire contract period as its commitment to perform services under the contract.

b) Failure to comply with the requirements of this document shall constitute sufficient

grounds for the forfeiture of the PBG.

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c) If Implementing Agency incurs any loss due to Consultant’s negligence in carrying

out the project consultancy as per the agreed terms & conditions the Implementing Agency may revoke PBG.

d) The PBG shall be released immediately after expiry of warranty period subsequent to

the expiry of contract provided there is no breach of contract on the part of the Consultant.

e) No interest will be paid on the PBG.

f) The selected bidder shall be responsible for extending the validity date and claim

period of the Performance Guarantee as and when it is due. The bidder should furnish PBG for extension within 10 days of issue of extension letter with validity of 3 months beyond the extension period.

g) In case the selected bidder fails to submit performance guarantee within the time

stipulated, the Implementing Agency at its discretion may cancel the order placed on the selected bidder without giving any notice.

V. TERMINATION OF CONTRACT

Either Party (DIRECTORATE or the CONSULTANT) may terminate the contract agreement with immediate effect by serving prior written notice of 30 days to the other party if services are not possible to be rendered as per applicable laws or professional obligations. Upon termination the CONSULTANT shall be entitled to receive payments of the Services performed, work in progress and expenses incurred by it, whichever applicable, till the date of such termination.”

W. FORCE MAJEURE

a) The Consultant shall not be liable for forfeiture of its PBG/EMD or termination of contract or default if and to the extent that it’s delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.

b) For purposes of this clause, “Force Majeure” means an event beyond the control of the Consultant and not involving the Consultant’s fault or negligence, and not foreseeable. Such events may include, but are not restricted to, acts of nature, wars or revolutions, riot or commotion, earthquake, fires, floods, epidemics, quarantine restrictions and freight embargoes.

c) If a Force Majeure situation arises, the Consultant shall promptly notify LIDCOM

in writing of such condition and the cause thereof. Unless otherwise directed by LIDCOM in writing, the Consultant shall continue to perform its obligations under the Contract as far as is reasonably practical and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

X. RESOULTION OF DISPUTES

Any dispute or difference, whatsoever, arising between the parties to this agreement arising out of or in relation to this agreement shall be resolved by the Parties through mutual consultation, in good faith and using their best endeavors. To this end, the parties

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agree to provide frank, candid and timely disclosure of all relevant facts, information and documents to facilitate discussions between them/ their representatives or officers.

Amicable Settlement

Performance of the Contract is governed by the terms and conditions of the Contract, however at times dispute may arise about any interpretation of any term or condition of Contract including the scope of work, the clauses of payments etc. In such a situation either party of the contract may send a written notice of dispute to the other party. The party receiving the notice of dispute will consider the Notice and respond to it in writing within 30 days after receipt. If that party fails to respond within 30 days, or the dispute cannot be amicably settled within 60 days following the response of that party, then the clause 2 of resolution of disputes shall become applicable.

Resolution of Disputes

In case dispute arising between LIDCOM and the Consultant, which has not been settled amicably, the Consultant can request LIDCOM to refer the dispute for Arbitration under Arbitration and Conciliation Act, 1996. Such disputes shall be referred to the Chief Secretary, Maharashtra to appoint arbitrator. The Indian Arbitration and Conciliation Act, 1996 and any statutory modification or re-enactment thereof, shall apply to these arbitration proceedings. Arbitration proceeding will be held at Mumbai, Maharashtra. The decision of the arbitrator shall be final and binding upon both the parties. All arbitration awards shall be in writing and shall state the reasons for the award. The expenses of the arbitration as determined by the arbitrator shall be borne by both the parties.

Legal Jurisdictions

All legal disputes between the parties shall be subject to the exclusive jurisdiction of the Courts in Mumbai.

Y. LIMITATION of LIABILITY

LIDCOM shall not recover from Consultant, in contract or tort, under statute or otherwise, any amount with respect to loss of profit, data or goodwill, or any other consequential, incidental, indirect, punitive or special damages in connection with claims arising out of this Agreement or otherwise relating to the Services, whether or not the likelihood of such loss or damage was contemplated. LIDCOM shall not recover from Consultant, in contract or tort, including indemnification obligations under this contract, under statute or otherwise, aggregate damages in excess of the fees actually paid for the Services that directly caused the loss in connection with claims arising out of this Agreement or otherwise relating to the Services.

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Annexure A: Letter comprising the Bid (To be printed on the letter head of the company/firm/organization)

To,

Managing Director, LIDCOM Veer Nariman Road, Kala Ghoda, Fort, Mumbai, Maharashtra - 400001

Sub: Application for “Engagement of Project Management Consultant (PMC) for Implementation of Mega-Leather cluster development in Maharashtra”

Dear Sir, With reference to your RFP dated ……. we, having examined the Bidding Documents and understood their contents, hereby submit my/our Bid for the aforesaid project. The Bid is unconditional and unqualified. 1. We acknowledge that LIDCOM will be relying on the information provided in the Bid and

the documents accompanying such Bid for selection of the Consultant for the aforesaid Project and I/we certify that all information provided therein is true and correct; nothing has been omitted which renders such information misleading; and all documents accompanying such Bid are true copies of their respective originals.

2. The Bid is being submitted and submissions in this letter are being made for the express purpose of our selection as Consultant for the aforesaid Project.

3. We shall make available to LIDCOM any additional information it may find necessary or require supplementing or authenticate the submissions.

4. I/We acknowledge the right of LIDCOM to reject our Bid without assigning any reason or otherwise and hereby waive my/our right to challenge the same on any account whatsoever.

5. We declare that: a) We have examined and have no reservations to the RFP, including any addendum

issued; b) We do not have any Conflict of Interest c) 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 RFP, in respect of any tender or request for proposal issued by or any agreement entered with LIDCOM or any other public sector enterprise or any Government, Central or State;

d) We hereby certify that I/we have taken steps to ensure that 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; and

6. We understand that you may cancel the Bidding Process at any time and that you are neither bound to accept any Bid that you may receive, without incurring any liability to the Bidders

7. We believe that I/we and meet(s) all the requirements as specified in the RFP and are/is qualified to submit a Bid.

8. We certify that regarding matters other than security and integrity of the country, 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 Project or which relates to a grave offence that outrages the moral sense of the community.

9. We further certify that regarding matters relating to security and integrity of the country, we have not been charge-sheeted by any Government Instrumentality or convicted by a court of law.

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10. We further certify that no investigation by a regulatory authority is pending either against us or against our CEO/Partners or any of our directors/ managers/ employees.

11. We undertake that in case due to any change in facts or circumstances during the Bidding Process, we are attracted by the provisions of disqualification in terms of the provisions of this RFP, we shall intimate LIDCOM of the same immediately.

12. We agree and undertake to abide by all the terms and conditions of the RFP. 13. We agree and understand that the Bid is subject to the provisions of the Bidding

Documents. In no case, we shall have any claim or right of whatsoever nature if the Project is not awarded to us or our Bid is not opened or rejected.

14. We hereby submit our Bid for undertaking the aforesaid Project in accordance with the Bidding Documents

Yours faithfully,

Date: Signature of the Authorized Signatory Name and designation of the Authorized Signatory

Name and Seal of the Applicant

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Annexure B: Details of the Applicant

1. a) Name: b) Country of incorporation: c) Address of the corporate headquarters and its branch office(s), if any, in India: d) Date of incorporation and/ or commencement of business:

2. Brief description of the Applicant including details of its main lines of business and proposed role and responsibilities in this Project: 3. Details of individual(s) who will serve as the point of contact/ communication for the

Applicant: a) Name: b) Designation: c) Company: d) Address: e) Telephone Number: f) E-Mail Address: g) Fax Number:

4. Particulars of the Authorized Signatory of the Applicant: a) Name: b) Designation: c) Address: d) Phone Number: e) Fax Number:

Name of Applicant:

S.No Criteria Yes No 1 Has the Applicant been barred by the [Central/

State] Government, or any entity controlled by it, from participating in any project?

2 If the answer to 1 is yes, does the bar subsist as on the date of Application

Date: Signature of the Applicant / Authorized Representative Seal / Stamp of the Firm

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Annexure C: Technical Capacity of the Applicant

Format for Relevant Projects Carried Out in the Last Five Years That Best Illustrates Experience. Using the format below, provide information on key assignments for which the Firm was legally contracted. Use separate sheets for each project

Assignment Name: Country:

Location within Country:

Professional Staff Provided by Your Firm/Entity(profiles):

Name of Client: No of Staff:

Address: No of Staff-Months; Duration of Assignment:

Start Date (Month/Year): Completion Date (Month/Year):

Approx. Value of Services (in Rs Lakhs):

Name of Associated Consultants, If Any:

No of Months of Professional Staff Provided by Associated Consultants:

Date: Signature of the Applicant / Authorized Representative Seal / Stamp of the Firm

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Annexure D: Understanding of the Scope of Work

Annexure E: Format of Curriculum Vitae

Format for Relevant Projects Carried Out in the Last Five Years That Best Illustrates Experience. Using the format below, provide information on key assignments for the Firm was legally contracted. Use separate sheets for each project

1. Name of the Staff 2. Designation 3. Name and address of the firm presently employed, if any 4. Years with the firm 5. Position in the Proposed project (describe degree of responsibility also) 6. Qualifications (Technical and General) 7. Membership in professional bodies 8. Experience and Training (Relevant in the context of assignment) 9. Employment Record (starting with present position, all previous assignments may be covered)

Name of the Firm Position Held Years of Employment

Date: Signature of the Applicant / Authorized Representative Seal / Stamp of the Firm

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Annexure F: Format of Financial Proposal

(Date and Reference) To,

Managing Director, LIDCOM Veer Nariman Road, Kala Ghoda, Fort, Mumbai, Maharashtra - 400001

Sub: Application for “Engagement of Project Management Consultant (PMC) for Implementation of Mega-Leather cluster development in Maharashtra”

Dear Sir,

We, (Authorized Signatory(s) name) herewith enclose the Financial Proposal for above. We agree that this offer shall remain valid for a period of 60 (sixty) days from the due date or such further period as may be mutually agreed upon.

Yours faithfully,

(Signature, name and designation of the Authorized Signatory(s))

Note: The Financial Proposal is to be submitted strictly as per the formats given in the RFP.

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Annexure G: Format of Financial Proposal (Contd.)

S.No Details Fee in INR 1 Total Costs/ Lump sum fee for providing

consultancy services

Total Amount of Financial Proposal for providing consultancy services

*The fee quoted above is not including out of pocket expenses and applicable Goods & Service Tax and any other statutory levies which shall be payable in addition to the consultancy fee as per actuals. The fee payable shall be subjected to deduction of Tax at Source (TDS) Payment for Additional manpower for any requirement in future, if any would be on pro rata basis. Any additional manpower deployment would require prior written approval from Managing Director, LIDCOM. For the purpose of calculation of blended/ pro rata rate, the total project fee shall be divided by the total number of full time resources.