west bengal mineral development & trading corporation...

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West Bengal Mineral Development & Trading Corporation Ltd.

(A Government of West Bengal Undertaking)

13 Nellie Sengupta Sarani, 2nd Floor, Kolkata - 700087

Request For Proposal (RFP) For

Appointment of Consultant for preparation of Detailed Project

Report (DPR ) and other Advisory Services in respect of setting up of the proposed Institute of Mining at Govt ITI , Rupnarayanpur,

West Bengal

January 2019

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Preamble

The West Bengal Mineral Development and Trading Corporation Limited (WBMDTCL) was established in 1973 as a State Government Undertaking under the Industry Commerce and Enterprises Department. The Corporation is registered as a Company under the Companies Act 1956. The Government of West Bengal holds 100% equity in the West Bengal Mineral Development & Trading Corporation Ltd.

Introduction

One of the objectives of the West Bengal Mineral policy of Government of West Bengal, which determines the long term objectives of WBMDTCL is to ensure establishment of appropriate educational and training facilities for human resource development to meet the manpower requirements of the mineral industry. Therefore, WBMDTCL felt the need of taking the initiative to set up a vocational training institution of Industrial Training Institute (ITI) level , whose primary objective will be to meet the manpower requirements of the mineral industry and to meet the skill gap at the entry level in the mining sector in West Bengal. Accordingly WBMDTCL have decided to set up a ITI-level state-of-the-art institute for mining engineering and related trades for entry level technical personnel, by taking over an government ITI at Rupnarayanpur, near Asansol, West Bengal and will be developed as a centre of excellence, with collaboration with foreign technical institutes and is expected to start functioning from the academic year 2019.

WBMDTL intends to engage a reputed consultant for advisory services and for preparation of Detailed Project Report for setting up of the said institute. Request for proposal (RFP) This is a limited tender event of West Bengal Mineral Development and Trading Corporation Limited (WBMDTCL) and the RFP is invited through limited tender mode in a single stage two part bid format, consisting of “Techno-commercial Bid ‟ and “Financial (Price) Bid” components respectively. Eligible interested consultants may submit their bid in accordance with this RFP and the qualified bids will be evaluated in accordance with the procedure prescribed in the RFP and the successful bidder will be selected and communicated for award of contract. Corrigenda or clarifications, if any, shall be hosted on the web portal www.wbmdtcltd.com only.

RFP Document may be downloaded from web portal: www.wbmdtcltd.com. Corrigenda or clarifications, if any, shall be

hosted on the above mentioned web portal only.

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Particulars

Page

Preamble 2

Schedule of Tender (SOT) for Appointment of Consultancy Firm 4

Disclaimer 5

Notice Inviting Request for Proposal (RFP) 6-10

Instruction to Bidders and Bid Format 11-19

Annexure-I 20

Annexure-II 21

Annexure-III 22

Annexure-IV 23

Annexure-V 24

Annexure-VI 25

Annexure-VII 26

Annexure-VIII 27

Annexure-IX 28-29

Annexure-X 30-31

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SCHEDULE OF TENDER (SOT) FOR APPOINTMENT OF CONSULTANCY FIRM

1 RFP NO. MDTC/ADMN/354/56 dated: 10.01.2019

2 MODE OF TENDER Single stage two part Limited Tender amongst the Panel of Transaction Advisors empanelled by Govt. of West Bengal , Finance Department for

“Physical and Social Infrastructure“ (Part-I- Techno-Commercial Bid and Part II - Financial Bid)

3 Issue of RFP Document Date : 10.01.2019

4 Last date of receipt of request for clarification for pre-bid meeting

On 17.01.2019 upto 3:00PM The queries of bidders should be sent by e-mail to [email protected] with attachment in “Word Format” .

5 Pre-Bid Meeting date, time & venue. On 21.01.2019 at 3:00 PM in the office of West Bengal Mineral Development and Trading Corporation Limited, 13 Nellie Sengupta Sarani, 2nd Floor, Kolkata – 700087

6 Hosting of corrigendum and responses to pre-bid queries, if any

Will be hosted in web portal : www.wbmdtcltd.com on 25.01.2019 at 3:00 PM.

7 a. RFP Document Fee

b. Earnest Money Deposit (EMD)

A non-refundable fee of Rs. 5,000/- (Rupees Five Thousand only) is payable towards the cost of RFP document, at the time of submission of bid through RTGS. [Refer Clause 3.1(a)]

The bidders shall be required to deposit a refundable earnest money deposit (EMD) of Rs. 2,00,000/- (Rupees Two Lakhs only) at the time of submission of bid in the form of a Bank Guarantee from a Scheduled Bank of India as per format enclosed at Annexure-X.

8 Last date of submission of Bid

01.02.2019 up to 2.00 PM

9 To whom and the place of submission The Managing Director, West Bengal Mineral Development and Trading Corporation Limited, 13 Nellie Sengupta Sarani, 2nd Floor, Kolkata – 700087

10 Date & time of opening of Part-I (i.e. Techno-Commercial Bid) in presence of attending tenderers.

01.02.2019 at 3.00 PM

11 Announcement of Technically Qualified Bidders.

To be communicated separately.

12 Opening of Financial Bids. To be communicated separately.

13 Issue of Work Order To be communicated separately.

14 Validity of bids 180 days from bid submission closing date.

15 Contact Person for any query

Subhojit Mukherjee, Junior Manager (Marketing); Mob:8017276359 Nilabja Das, Manager (Marketing); Mob: 9874080380

http://www.wbmdtcltd.com/

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Disclaimer

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

This RFP is not an agreement and is neither an offer nor an invitation by the Authority to the prospective Bidders or any other person. The purpose of this RFP is to provide interested parties with information that may be useful to them in making their technical and financial offers (Bids) pursuant to this RFP.

This RFP includes statements, which reflect various assumptions and assessments arrived at by the Authority

in relation to the Project. Such assumptions, assessments and statements do not purport to contain all the

information that each Bidder may require.

This RFP may not be appropriate for all persons, and it is not possible for the Authority, it‟s employees or

advisors to consider the investment objectives, financial situation and particular needs of each party who reads

or uses this RFP.

The assumptions, assessments, statements and information contained in the Bidding Documents, may not be complete, accurate, adequate or correct. Each Bidder should, therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments, statements and information contained in this RFP and obtain independent advice from appropriate sources.

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

The Authority, its employees and advisors make no representation or warranty and shall have no liability to any person, including any Applicant or Bidder under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the RFP and any assessment, assumption, statement or information contained therein or deemed to form part of this RFP or arising in any way for participation in this Bid Stage.

The Authority also accepts no liability of any nature whether resulting from negligence or otherwise howsoever

caused arising from reliance of any Bidder upon the statements contained in this RFP.

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

supplement the information, assessment or assumptions contained in this RFP.

The issue of this RFP does not imply that the Authority is bound to select a Bidder or to appoint the Selected Bidder or Concessionaire, as the case may be, for the Project and the Authority reserves the right to reject all or any of the Bidders or Bids without assigning any reason whatsoever. The Bidder shall bear all its costs associated with or relating to the preparation and submission of its Bid including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by the Authority or any other costs incurred in connection with or relating to its Bid. All such costs and expenses will remain with the Bidder and the Authority shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by a Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of the Bidding Process. Ref No: MDTC/ADMN/354/56 Date : 10/01/2019

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NOTICE INVITING REQUEST FOR PROPOSAL (RFP)

JOB: Appointment of Consultant for preparation of Detailed Project Report (DPR) and other advisory services in respect of setting up of the proposed institute of mining at Govt ITI, Rupnarayanpur, West Bengal

1. West Bengal Mineral Development and Trading Corporation Limited (WBMDTCL) intends to engage a

reputed Consultancy Firm, having dedicated Key Personnel with requisite experience and expertise,

for preparation of DPR and other advisory services for setting up of the proposed ITI level institute of

mining at Govt ITI , Rupnarayanpur, West Bengal .

The role of the selected bidder is to act as a Consultancy Firm to undertake entire job described under Clause 2, Scope of Work.

2. Scope of work

i. Carrying out an “ as is “ study of Govt . ITI, Rupnarayanpur , its existing infrastructures, intellectual capital and existing faculty and staff and submit a report thereof to WBMDTCL .

ii. Prepare a “to be “ study for infrastructure, class room , workshop , laboratories for conducting the identified courses and trades , along with detailed requirement of all (a) equipments (b) lab instruments , (c) workshop equipment (d) plant and machineries (e) training aids (f) IT infrastructures etc.

iii. Carrying out dialogues with all stake holders and potential recruiters like CIL, ECL, DVC, NMDC,CCL, NTPC etc and other private mining operators and Mine Developers and Operators (MDOs) in nearby states and consult them in finding out the expected vacancies in various trades in near future and submit a final report thereof.

iv. Recommend the specific trades and courses to be taught in the ITI based on current and future needs of the industry .

v. Carry out a “ gap analysis” based on the “as is” and „to be” studies and prepare a detailed list of net requirement , after offsetting existing available assets, of all such infrastructure and prepare and submit a procurement tender -ready detailed technical specifications for all (a) equipments (b) lab instruments , (c) workshop equipment (d) plant and machineries (e) training aids (f) IT infrastructures etc.

vi. Design of course curriculum , semester wise course structures , course credits , syllabus etc for all such identified courses in line with prescribed norms of NCVT , NSQF and Govt of West Bengal and ministry of HRD , Govt of India and submit the same to WBMDTCL for its approval .

vii. Obtaining accreditation and recognition of the prescribed courses from all statutory bodies in state

and central govt.

viii. Recommend a road map to align with various skill development initiatives of Govt of India like "National Skill Development Mission", "National Policy for Skill Development and Entrepreneurship, 2015", "Pradhan Mantri Kaushal Vikas Yojana (PMKVY)" , National Skills Qualifications Framework (NSQF) and the "Skill Loan scheme" and submit a report thereof .

ix. Recommend methods of obtaining grants and finances for setting up of a centre of excellence

x. Submission of a detailed Manpower plan and Identification of job and man specifications of faculty and staff, as per statutory requirements

xi. Preparation of a detailed project report (DPR ) for the project , containing the following:

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a. Total capital cost of the project in respect of plant and machineries and fixed assets, year wise for next 10 years

b. Total revenue expenditures , year wise for next 10 years in respect of working capitals, wages and salaries, utility and overheads , repair and maintenance etc

c. Projected revenue from student fees and other sources as per govt norms

d. Project financials and financial analysis showing break even analysis, IRR and pay back

periods with sensitivity analysis based on annual student intake

Special Note on submission and acceptance of Reports submitted by the consultant

a) The consultant will submit the reports as mentioned hereinabove to WBMDTCL, within the

prescribed time period as per clause 7.3. On receipt of the reports, WBMDTCL will examine the

same and accord its approval within a period of 7 calendar days or earlier. In case there are certain

points, which require rectification, modification or edition in the opinion of WBMDTCL, WBMDTCL

will promptly notify the same to the consultant, who will take necessary corrective action and

resubmit the reports as soon as possible , but not later than 7 calendar days of such notification. For

acceptance of the DPR, WBMDTCL may seek approval from appropriate authorities, but the same

procedure will apply for such acceptance.

b) All reports must be properly bound, paragraphed, indexed and page numbered and all pages

initialled or signed by the principle consultant of the bidder and stamped with the official stamp of the

consulting firm. Three hard copies and one softcopy in pdf format should be submitted.

3. Submission of Bid:

Bidders are hereby invited to submit their sealed bids physically (paper) in two parts (Part-I: Techno commercial Bid & Part-II: Financial Bid), complying with the given terms and conditions, for consideration as a Consultancy Firm, by quoting consultation fee inclusive all expenses like travelling, boarding and lodging charges, out of pocket expenses etc. as per Annexure - VI for rendering the services detailed under Scope of Work (clause no. 2). Consultancy Firms interested may submit their sealed bids physically in accordance with this RFP within the schedule mention in the SOW as above. Bid submitted through post/ courier must reach within due date & time i.e by 01.02.2019 at 2.00 PM. Bid submitted through email or any other means or after due date & time shall not be entertained.

Both the Part-I (Techno Commercial Bid) and Part-II (Financial Bid) must be separately sealed in separate envelopes, both superscribing the words “Techno Commercial Bid (Part-I) or Financial Bid (Part-II)”, as the case may be. Both the sealed covers should be placed inside a separate cover and sealed, and superscribed with “RFP for Appointment of Consultant preparation of Detailed Project Report (DPR) and other advisory services in respect of setting up of the proposed institute of mining at Govt ITI, Rupnarayanpur, West Bengal” along with RFP reference No. & date and date and time of opening.

Non submission of documents as listed in clause 3.1 will make the bids liable for forthwith rejection without any reference to the bidder.

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3.1 Techno-Commercial Bid (Part-I)

Interested consultancy firms should submit all documents as per requirement of RFP and as detailed below,

along with the Techno-commercial Bid .(Part 1)

a) Documentary proof of payment of non-refundable RFP Document Fee of Rs. 5,000/- (Rupees five

Thousand only) paid through RTGS in the following Bank Account:

IDBI Bank, Branch: Brabourne Road, Beneficiary Account No. 0060102000105972, Beneficiary IFSC Code: IBKL0000060, Beneficiary MICR Code: 700259003, Beneficiary Name: West Bengal Mineral Development and Trading Corporation Limited

b) Earnest Money Deposit (EMD) of Rs. 2,00,000/- (Rupees two Lakhs only) in the form of a Bank

Guarantee from a Scheduled Bank of India as per format given at Annexure – X. Original Bank

Guarantee (as per format) to be enclosed .

c) Proof of technical competency in executing the job (as per Annexure-I )

d) Affidavit regarding free from financial and criminal misconduct charges and blacklisting from participation in Government bidding as per the format given under Annexure – II

e) A list containing the full names of the Principal Consultant and other Consultants, who are in the full-time pay roll of the Bidder, from at least one year prior to date of bid submission, who will be dedicated to this assignment till satisfactory completion of the job, along with their respective roles in the job (as per Annexure I )

f) Curriculum Vita of each of the consultants showing (i) Educational Qualification (ii) Professional qualification (iii) experience in number of years as consultant till date (iv) No of projects in educational infrastructure sector completed along with their respective roles , giving the details of the clients (Annexure I ) , all pages duly signed by the respective consultants. (as per Annexure I )

Documentary evidences of the following eligibility criteria:

g) Evidence showing that bidder have experience of successfully completing at least two consulting

assignments in the educational sector, at least one of whom should be for preparation of Detailed

Project Report (DPR) or financial feasibility report or financial appraisal of an educational institute or

project in last 7 years from date of submission of bid. (Annexure-V)

h) Evidence showing that the Principal Consultant listed at clause 3.1(e) above has professional

qualification ( BTech or MBA or equivalent ) and have completed at least two assignments in education

sector in last 7 years from date of submission of bid.

i) Evidence showing that at least one of the other consultants listed at clause 3.1 (f) above has any

professional qualification ( B.Tech/ CA/ MBA / CMA or equivalent ) and must have completed at least

one assignment in education sector in last 5 years from date of submission of bid.

j) Power of Attorney - the bidder shall submit “Power of attorney” in accordance with the format placed ( Annexure – III )

k) The bidder will certify that they unconditionally accept all terms and conditions of the RFP , without any reservation, condition or qualification.(Annexure-VII)

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l) The bidder is required to submit an “Approach paper” in a maximum of five A4 pages , explaining their understanding of the objectives of the advisory job , approach and methodology for carrying out the activities (schedules, activity and manpower plan as also the time line) and obtaining the expected output. Expertise and organizational experience in the area of education, skill development and technical training etc is required to be mentioned as well as organizational experience in dealing with similar work for Government/ Public Sectors.

m) Bidders who fail to produce documentary evidence of (a) payment of cost of bid documents (b)

submission of Bank Guarantee for earnest money and ( c) Documents for experience and

qualification of the consultants to be deployed by them for this job and an “Approach Paper” as

detailed above in their techno-commercial bid , will not be considered for opening of their financial

proposals.

n) Non-submission of any one of the above documents, non-compliance with the given format,

submission of incomplete documents, or documents which are not properly signed and

stamped , or documents containing false claims may disqualify the bidder and the bid , if any,

may be rejected outright without any further reference to the bidder

Important : Each page of the Techno commercial bid must be signed and stamped with official seal by the bidder’s authorized person having the Power of Attorney.

o) Presentation before the evaluation committee: The bidders will be required to make a presentation

in front of a duly constituted evaluation committee about their approach to the proposed consultancy assignment. An advance notice will be sent to the bidders about the venue, date and time of the said presentation. The presentation should be completed within 30 minutes, followed by a question and answer session.

p) 5(five) copies of duly signed transcript of the presentation should be submitted at the time of

presentation, which will from a part of the work order document signed.

3.2 Financial Bid (Part-II)

Financial Bid to be submitted only as per Format in Annexure- VI in a separate sealed cover to be put inside an outer cover superscribed with “RFP for Appointment of Consultant for advisory services and preparation of DPR along with Ref No. & date and date and time of opening” along with the Tchno-commercial bid ( Part-I) , which should also be similarly sealed separately. The financial bid must be submitted in the format (Annexure VI) in INR in Total lumpsum value, which should include all costs, travelling, incidental costs, telecommunication costs, stationary costs and all local taxes (such as: value added or sales tax, social charges or income taxes on non-resident Foreign Personnel, duties, fees, levies) on amounts payable by WBMDTCL under the Contract.

(i) Bidder shall quote consultancy fee for the entire scope of work defined in this RFP Document including

tours & travels charges, and all taxes and duties as per Price Schedule Format (Financial Bid) (ii) The fee quoted by the Bidder shall be inclusive of all materials, tools, equipment, labor, tackles,

implements, duties, levies, taxes, travelling and incidental expenses and all other costs that the Consultancy Firm may have to incur in connection with his undertaking and executing the work. No extra charges shall be paid by WBMDTCL.

3.3 However, WBMDTCL will pay GST extra on the contract value , as legally leviable in India against each invoice submitted by the consultant from time to time.

No extra payment on any account whatsoever will be payable by WBMDTCL at any point of time.

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3.4. The lump sum price quoted will be firm and fixed throughout the contract period.

Important : All pages of the Financial Bid must be signed and stamped with official seal by the person having the Power of Attorney.

4. Pre bid meeting

For the purpose of clarification of doubts of the bidders on issues related to this RFP, WBMDTCL intends to hold a Pre-Bid Meeting on the date and time as indicated in the RFP. Only authorised representatives(maximum 2 nos.) of the bidders will be allowed to attend the same.

The queries of bidders should reach by e-mail on or before 3.00 PM of 17.01.2019 to [email protected]. It may be noted that no queries of any bidder shall be entertained, which are received after the closing date of receipt of request for clarification for the Pre-Bid meeting.

The primary purpose of the pre-bid meeting will be to provide clarifications to the provisions of the RFP, but WBMDTCL reserves the right to amend the RFP based on the discussions in the pre bid meeting .

Should WBMDTCL deem it necessary to amend the RFP as a result of a clarification, it shall do so following the procedure under Clause 8.1.

4.1 WBMDTCL may amend the RFP by issuing Corrigendum to RFP Document and will be hosted in the web portal www.wbmdtcltd.com.

The Pre-bid meeting shall be held on 21.01.2019 at 3.00PM in the Office of West Bengal Mineral Development and Trading Corporation Limited, 13 Nellie Sengupta Sarani, 2nd Floor, Kolkata – 700087.

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INSTRUCTION TO BIDDERS & BID FORMATS

5. Eligibility

The basic eligibility criteria-Techno commercial & Financial:

5.1 Technno-commercial (The supporting photocopies of original Documents to be signed & submitted along with the RFP Documents.

i. The bidder should be a consulting firm empanelled by Government of West Bengal , Finance Department as notified by GO no 3738-F(Y) dated 11.06.18 under sector “ Physical and Social Infrastructure”

ii. The bidder should be capable of engaging a team of experts having strong domain knowledge

and work experience in the educational infrastructure sector, as detailed below :

(a) The bidder must have experience of successfully completing at least two consulting assignments in

the educational sector , at least one of whom should be for preparation of Detailed Project Report

(DPR) or financial feasibility report or financial appraisal of an educational institute or project in last

7 years from date of submission of bid.

(b) The principal consultant must have professional qualification ( BTech or MBA or equivalent ) and

have at least 3 years consulting experience in educational sector . He also must have completed at

least two assignments in education sector in last 7 years from date of submission of bid.

(c) At least one of the other consultants must have any professional qualification ( B.Tech/ CA/ MBA /

CMA or equivalent ) and must have completed at least one assignment in education sector in last

5 years from date of submission of bid.

iii. Commercial : The bidder must accept all terms and conditions of the RFP , without any reservation, condition or qualification. The bids should be unconditional and conditional bids would be out rightly rejected. The Bidder must submit a declaration as per Annexure VII, to certify unconditional acceptance of all terms and conditions of RFP.

5.2 Rejection of any bid : WBMDTCL reserves the sole right to accept or reject any or all bids without assigning any reason thereof.

6. Proposed Key Personnel / Team Profile

6.1 Since this consultancy service requires technical, managerial and financial inputs, the bidder is required to have on its roll the requisite professionals/experts with professional domain knowledge and experience. The qualification and experience requirements of the proposed consultants are given at clause 5.1 ii (b) and (c). The team of consultants must be on bidder‟s roll till completion of the work. The consultants listed and submitted in the bid must be (a) In the full time pay-roll of the bidder for at least one year prior to the date of submission of the

bid (b) Dedicated full time for this assignment

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(c) The principal consultant will take full responsibility for execution of the job and will be designated as the Project in charge by the successful bidder .

6.2 Only the Project in Charge will sign all the reports submitted to WBMDTCL from time to time. 6.3 All consultants listed by the bidder in clause 3.1.(e) will be associated till end of the project , except in case of resignation or severe injury or death of proposed personnel. Replacement of personnel is strictly not allowed in the entire duration of the contract without prior permission and formal approval of WBMDTCL. In case replacement is inevitable (only in the circumstances as specified above), the same should be done within fifteen (15) calendar days by providing substitute personnel having equivalent profile (in terms of qualification, experience, certification etc.) after obtaining formal approval from WBMDTCL.

6.4 The bidder should not have been involved in any unfair activity/practice, should not have been charged with financial and criminal misconduct and not black listed for any other reason from participating in Government biddings. An affidavit in this regard is to be uploaded and attached as per the format given at Annexure-II.

7. Bid 7.1 Language of Bid:

The RFP Document prepared by the Bidder and all correspondence and documents related to the bid process, shared by the Bidder with WBMDTCL shall be in English language only

7.2 OBLIGATIONS OF WBMDTCL AND CONSULTANCY FIRM

7.2.1 OBLIGATION OF WBMDTCL :

(a) Providing information pertaining to the Rupnarayanpur ITI as available with WBMDTCL

(b) Providing all other requisite data/information as requested by the Consultancy Firm after site visit and discussion, to the extent reasonable and available with WBMDTCL.

(c) Making formal requests to be made to different authorities for obtaining accreditation and recognition of the courses or to meet any other statutory or Government requirement along with prescribed supporting documents.

7.2.2 OBLIGATION OF CONSULTANCY FIRM:

(a) Consultancy firm shall submit the complete bar chart for work including time schedule of various activities as stated in the Scope of Work in this document.

(b) Consultancy firm has to submit all reports for each of the activities described in Clause 2 in three copies, suitably bound, signed and stamped on each page by the project leader of the consulting firm within the time line prescribed in this document.

(c) The Consultancy firm shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practises, and shall observe sound management practises, and employ appropriate 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 faithful advisor to WBMDTCL, and shall at all times support and safeguard the WBMDTCL‟s legitimate interests in any dealings with Sub-Consultants or Third Parties.

(d) Consultancy firm must ensure that the procedures prescribed by NCVT and NSGC, with latest amendments are obtained and studied in a diligent and transparent manner and provide their recommendation, based on such procedures, to WBMDTCL. However decision of WBMDTCL will be final.

(e) Consultancy firm shall be responsible for successfully obtaining accreditation and recognition of the prescribed courses from all statutory bodies in state and central Govt.

(f) Consultancy firm or any of the consultants shall not be hired for any assignment by any other organization, which by its nature may be in conflict with the interest of the instant job of the

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Consultancy firm during tenure of the contract.

(g) The Selected TA shall confirm that it has no conflict of interest in undertaking the assignment as defined at Clause 7.1 of order no 3738-F(Y) of Govt. of West Bengal.

7.3 Time schedule: Time schedule for the Scope of Work is as given below :-

7.3.1 Extension of Time Schedule

In the event of any unforeseen circumstances as defined under force majure clause , if the performance of the contract is delayed , the consultant may make an application along with documentary evidence in support of existence of the force majure condition , for extension of delivery period , which may be granted by WBMDTCL either with imposition of liquidated damage or without it , based on the merit of the case , determined by WBMDTCL. However , delay due to reasons beyond the reasonable control of the consultant, as determined by WBMDTCL , will not attract liquidated damages.

8. AMENDMENT OF RFP DOCUMENT

8.1 WBMDTCL reserves the right to modify the RFP Document by “Amendment” for any reason whatsoever at any time prior to the last date of submission of Bid. The “Amendment” along with this RFP Document shall thereafter become part of the RFP Document. 8.2 WBMDTCL reserves its right to accept or reject any or all bids or any part of the bid without assigning any reason whatsoever and it shall not be liable for any compensation to expenses/loss incurred by the bidder in the process in whatever manner it may be.

9. Opening of Techno commercial bid

9.1 The techno commercial ( Part 1) bids received will be opened on the prescribed date and time in front of attending bidders. No prior notice in this regard will be issued unless there is any change in the already published date, time or venue.

10. Evaluation of Techno commercial bid ( Part 1) Techno-commercial Bids will be evaluated as per the documents submitted by the bidders as specified in the RFP Document under Sl. No 3.1.

Sl. No. Description Time schedule

1. Submission of Reports under sl. No 2 (i) to 2(iii) (Clause 2)

15 days from the date of issue of work order

2. Submission of Reports under sl. No 2 (iv) to 2 (vi) (Clause 2)


3. Submission of Reports under sl. No. 2 (vii) to 2 (x) (Clause 2) and obtaining recognition from statutory authorities for the courses


4. Submission of Reports under sl.no. 2 (xi) (Clause 2)


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The documents will be examined to verify (a) Submission of all documents as per clause 3.1(a) to 3.1(p) and (b) the compliance with the clause about meeting the eligibility criteria as detailed at clause 5. The bids will be evaluated strictly as per provisions made in the RFP. Those who qualify in preliminary examination of the Techno commercial bids will be invited to make a presentation in front of a duly constituted evaluation committee about their approach to the proposed consultancy assignment. An advance notice will be sent to the bidders about the venue, date and time of the said presentation. The presentation should be completed within 30 minutes , followed by a question and answer session. On completion of the above mentioned verification process , WBMDTCL will determine which of the Techno-commercial bids submitted by the bidders are Techno-commercially responsive and such responsive bidders will be notified about opening of the financial bids on a date and time specified in the notice .

11. A) OPENING OF FINANCIAL PROPOSAL The date, time and venue of opening the Financial proposals to the qualified participants after completing the evaluation of the Technical proposals will be communicated to the bidders and also posted in the WBMDTCL website . The Financial Bids of techno-commercially qualified bidders will be opened on the notified date and time and it is the responsibility of the bidder or his representative to be present during the process.

B) Evaluation of Financial bids

The financial proposals will be opened in presence of attending qualified tenderers . After opening of the financial

bids , they will be examined for completeness, compliance with the formats and a comparative statement of Total

lumpsum fees quoted by various bidders will be prepared by WBMDTCL

The lowest financial bid amongst bids opened will be selected for award of contract.

It may be noted that the WBMDTCL is not under any obligation to accept the lowest bidder and reserves the right

to reject any or all the bids without assigning any reason whatsoever at its sole discretion.

12. Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of his Bid and the WBMDTCL will under no circumstance be responsible or liable for those costs and / or will not reimburse any expenditures / costs whatsoever it may be. 13. Earnest Money Deposit (EMD)

13.1 The Bank Guarantee towards Earnest Money Deposit(EMD) of Rs. 2 Lakh (Rupees Two Lakh only), valid for 12(twelve) months from the date of submission, of the successful bidder will be refunded within 30 days after the successful bidder submits the Contract Performance Guarantee as per Clause 21

13.2 The Bank Guarantee towards Earnest Money Deposit(EMD) of Rs. 2 Lakh (Rupees Two Lakhs only) of the unsuccessful bidders will be returned within 30 days of award of contract.

13.3 Earnest Money Deposit(EMD) of Rs. 2 Lakh (Rupees two Lakhs only) will be forfeited if the bidder withdraws or modifies the bid during the bid validity period after opening or if the successful bidder does not accept the Letter of Award (LoA) or does not deposit Contract Performance Guarantee as per Clause 21 within the prescribed time of 30 days from issue of Letter of Award (LoA) or submits false information in their bid in terms of Clause 4 of Annexure-VII.

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14. One Bid per Bidder

14.1 Each Bidder shall be allowed to submit only one Bid.

14.2 The RFP/Bid is not transferable.

15. Bid Validity The required validity of the “Bid offer” is for a period of 180 days from bid submission due date In exceptional circumstances, prior to expiry of the original time limit, WBMDTCL may request the bidders to extend the period of validity for a specified additional period. The request and the bidder's responses shall be made in writing. A bidder agreeing to the request will not be required or permitted to modify his “Bid” but will be required to extend the bid validity and the validity of bid security for the additional period as requested.

15. Issue of LoA and signing of Work order A letter of Award (LoA) will be issued to the successful bidder in the first instance . The successful bidder will be required to submit CONTRACT PERFORMANCE GUARANTEE in the form of Bank Guarantee (BG) of 10% of the contract value within 15 days of placement of LOA . On receipt and acceptance of the valid CONTRACT PERFORMANCE GUARANTEE , as above an work order will be signed with the successful bidder with the terms and conditions given in the RFP.

The date of signing of work order shall be the effective date of contract and time period for completion shall be counted from this date.

16. Correspondence

All correspondence in this regard shall be addressed to the Managing Director, West Bengal Mineral Development and Trading Corporation Limited(WBMDTCL), 13 Nellie Sengupta Sarani, 2nd Floor, Kolkata 700087

17. Legal Jurisdiction The matter relating to any dispute or difference arising out of this Bid and subsequent contract awarded based on the RFP Document, if any, shall be subject to the Competent Court of Law within Kolkata.

18 Definitions

In the RFP Document, as hereinafter defined, the following words and expressions shall have the meanings

hereby assigned to them except where the context otherwise demands.

i) „Authority‟ shall mean the WBMDTCL and includes its authorized representative or any other person

empowered on their behalf by WBMDTCL.

ii) „Approved‟ shall mean approval in writing including subsequent written confirmation of previous verbal

approval(s).

iii) „„Employer/ WBMDTCL‟ wherever referred in the document, mean the WBMDTCL or its authorised

representative or any other officer specially deputed for the purpose.

iv) “Discrepancy” – In the event of any discrepancy in words and figures, the description in words shall

prevail.

v) „Rupees‟ shall mean the lawful currency in India.

vi) „Singular & Plural‟ words imparting the singular and plural meanings also mean the plural and singular

where the context so requires.

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vii) „Works/Jobs‟ shall mean the scope of services / works/ jobs required to be executed In accordance with the RFP Document.

viii) “Consultancy Firm” or "Service provider(s)" shall mean the successful bidder (whose bid has been accepted by the WBMDTCL and a written intimation has been given by the WBMDTCL to this effect and shall include his legal representative, successors and permitted assigns.

ix) “ Month & Year” mean calendar month and calendar year

x) NSDC shall mean National Skill Development Corporation India (NSDC), Ministry of Ministry of Skill Development and Entrepreneurship

xi) NCVT shall mean National Council for Vocational training, Director General of Training, Govt. of India

xii) NSQF shall mean The National Skills Qualifications Framework

xiii) “ Accreditation “ shall mean necessary formal communication received from the designated body of Central/ State Government that accredited status is granted by the appropriate agency for the trades to be taught in the proposed institute.

xiv) “Recognition “ shall mean that the named course, syllabus, course contents, method of examination conduct, rules & regulations etc are declared as equivalent to similar courses and after the successful completion of the course the students can be eligible for award of National Trade Certificates of Directorate General of Employment & Training (DGET), Ministry of Skill Development and Entrepreneurship of Union Government.

19. Duration of contract Upon receipt of a written Letter of Award from WBMDTCL, the successful bidder shall perform the services with due diligence and in accordance with the schedules agreed to herein, for each sub activity. The timelines for the performance of Services by the Successful Consultancy Firm under the agreement shall be as indicated in Sl. No. 7.3.

20. PAYMENT TERMS Payment shall be made Phase wise as per the following schedule:

1. 15 % of the contract fee shall be released after completion of jobs under sl. nos. i to iii mentioned in the scope of work (clause 2, page 6 ).

2. 15 % of the contract fee shall be released after completion of jobs under sl. no. iv to vi mentioned in

the scope of work (clause 2, page 6 ).

3. 20% of the contract fee shall be released on receipt of accreditation and recognition of the prescribed courses from all statutory bodies in state and central govt. under sl. no. vii (clause 2, page 6).

4. 10% of the contract fee shall be released on completion of jobs under sl. no. viii to x mentioned in the scope of work (clause 2, page 6).

5. 30 % of the contract fee shall be released on completion of jobs under sl. no. xi mentioned in the

scope of work (clause 2, page 6 & 7 ).

6. 10 % of the contract fee shall be released within 30 days of satisfactory completion of the entire job

as per contract.

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Note: The above mentioned consultancy fee will be on firm basis and no escalation will be acceptable under any circumstances. All the above payments shall be released within 15 calendar days from the date of receipt of invoices along with supporting documents like acceptance letter of WBMDTCL and others , if any , in triplicate by account payee cheque/e-payment subject to statutory deductions of taxes and duties as applicable. Valid GST registration details with documentary proof are to be furnished along with the invoices .

21. CONTRACT PERFORMANCE GUARANTEE:

(i) The successful bidder is required to submit CONTRACT PERFORMANCE GUARANTEE in the form of Bank Guarantee (BG) of 10% of the contract value within 15 days of placement of LOA and before the time of execution of agreement. The Format for BG is enclosed, as per Annexure- IX. The bank guarantee should be valid for 12 months from date of issue.

(ii) Failure of the successful Bidder to comply with the above requirement of submission of CONTRACT PERFORMANCE GUARANTEE shall constitute sufficient grounds for cancellation of the award of work and forfeiture of the EMD. (iii) No interest shall be payable by the WBMDTCL on the CONTRACT PERFORMANCE GUARANTEE. (iv) RELEASE OF CONTRACT PERFORMANCE GUARANTEE: The CONTRACT PERFORMANCE GUARANTEE shall be released to the Consultancy Firm on demand,30 days after the satisfactory completion of all the jobs under Scope of Work, provided WBMDTCL is satisfied that there is no demand outstanding against the Consultancy Firm.

22. TAXES AND DUTIES: a. GST shall be reimbursed at applicable rates on the date of invoice.. b. All other taxes and duties if any are to be included in the quoted consultancy fee. c. Any new additional levy/cess levied by the Government on applicable GST on the date of invoice and

within the tenure of the contract will be reimbursed by the WBMDTCL on submission of relevant documentary evidence.

d. Applicable taxes will be deducted at sources as per statutory requirements. A certificate of TDS will be provided to the Consultancy Firm for the deducted amount.

23. SETTLEMENT OF DISPUTES: In the event of any dispute, such matter or matters giving rise to the dispute shall be resolved as given below:

In the event of any dispute, controversy of claim between the parties (Consultancy Firm and WBMDTCL) arising

out of the breach, termination or invalidity thereof, the parties shall use their best endeavors to resolve the matter

amicably. If the parties are unable to resolve the dispute amicably within fifteen (15) days of one party notifying in

writing of the existence of the dispute, controversy or claim, either party may serve formal written notice on the

other that a material dispute has arisen. If the parties are unable to resolve the dispute within 10 (ten) days of

receipt of such notice, the dispute shall be referred to the Chairman of WBMDTCL and the decision taken by him

shall be binding upon both the parties.

24. FORCE MAJEURE:

If, at any time, during the pendency of the contract, the performance in whole or in part, by either party is prevented or delayed by war, strike, riot, crime or due to any act of God such as hurricane, flooding, earthquake, volcanic eruption beyond the control of both the parties such as war, strike, insurrection, riot, earthquake, storm, flood, fire which are beyond the control of either party (hereinafter referred to as 'eventualities'), then provided, notice of the happening of any such eventuality is given by either party to the other within 15 days from the date of occurrence thereof, neither party shall by reason of such eventuality be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance or delay in

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performance and work under this contract shall be resumed as soon as practicable after such eventuality has come to an end or ceased to exist and the decision of the WBMDTCL as to when the work has to be resumed shall be final and conclusive. The time of completion shall then be extended by a period equal to the period during which the eventuality was prevailing. In case of persisting delay of more than three months both the parties may consult each other and arrive at an appropriate decision regarding continuation or otherwise of the contract.

2 5 . Confidentiality

The Service provider and their personnel shall not disclose any propriety or confidential information relating to the Project Services, to anyone without the prior written consent of the Employer.

2 6 . Limitation of Liabilities Notwithstanding anything contained in the contract, WBMDTCL agrees that the Bidder shall not be liable to WBMDTCL, for any losses, claims, damages, liabilities, cost of expenses (“Losses”) of any nature whatsoever, for an aggregate amount in excess of the fee paid under the contract for the services provided under the

contract, except where such Losses are finally judicially determined to have arisen primarily from fraud or bad

faith of the Bidder. In no event shall the bidder, be liable for any consequential (including loss of profit and loss

of data), special, indirect, incidental, punitive or exemplary loss, damage or expense relating to the services

provided pursuant to this contract.

2 7 . Conditions for Termination of contract

The WBMDTCL shall have the right to terminate this contract in part or in full under any of the following circumstances:-

a) Time is the essence of the contract.. Therefore, the Consultancy Firm i s l i a b l e t o b e t e r m i n a t e d i f t h e C o n s u l t a n c y F i r m fails to deliver the job within the stipulated date and time.

b) When the Consultancy Firm has been found to have made any false or fraudulent declaration or statement to get the contract or he is found to be indulging in unethical or unfair practices.

c) In the event of non-performance / or unsatisfactory performance by the Consultancy Firm.

d) If the Consultancy Firm becomes bankrupt or otherwise insolvent.

e) When both parties mutually agree to terminate the contract.

f) Any special circumstances, which must be recorded to justify the cancellation or termination of a

contract.

g) In the event of premature termination of the contract or for any of the failures to comply with the

contractual obligations, the Performance BG may be encashed in full and the amount so realized will

be forfeited by WBMDTCL.

28. Liquidated Damage (LD)

For delay in completion of job for reasons attributable to the Consultancy Firm , in the opinion of WBMDTCL LD

@ upto 1% of the total contract value will be imposed per 30 calendar days of delay subject to maximum of 5%

of the contract value.

29. Conflicts of Interest

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WBMDTCL policy requires that Consultants provide professional, objective, and impartial advice and at all times hold WBMDTCL‟s interests paramount, strictly avoid conflicts with other assignments or their own corporate interests and act without any consideration for future work.

Without limitation on the generality of the foregoing, Consultants, and any of their affiliates, shall be considered to have a conflict of interest and shall not be recruited, under any of the circumstances set forth below: (i) A firm that has been engaged by the WBMDTCL to provide goods, works or services other than consulting services for a project, and any of its affiliates, shall be disqualified from providing consulting services related to those goods, works or services. Conversely, a firm hired to provide consulting services for the preparation or implementation of a project, and any of its affiliates, shall be disqualified from subsequently providing goods or works or services other than consulting services resulting from or directly related to the firm‟s consulting services for such preparation or implementation. For the purpose of this paragraph, services other than consulting services are defined as those leading to a measurable physical output, for example surveys, exploratory drilling, aerial photography, and satellite imagery. (ii) A Consultant (including its Personnel and Sub-Consultants) or any of its affiliates shall not be hired for any assignment that, by its nature, may be in conflict with another assignment of the Consultant to be executed for the same or for another WBMDTCL. For example, a Consultant hired to prepare engineering design for an infrastructure project shall not be engaged to prepare an independent environmental assessment for the same project, and a Consultant assisting a WBMDTCL in the privatization of public assets shall not purchase, nor advise purchasers of, such assets. Similarly, a Consultant hired to prepare Terms of Reference for an assignment should not be hired for the assignment in question. (iii) A Consultant (including its Personnel and Sub-Consultants) that has a business or family relationship with a member of the WBMDTCL‟s staff who is directly or indirectly involved in any part of (i) the preparation of the Terms of Reference of the assignment, (ii) the selection process for such assignment, or (iii) supervision of the Contract, may not be awarded a Contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Bank throughout the selection process and the execution of the Contract.

Consultants have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of their WBMDTCL, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Consultant or the termination of its Contract.

No agency or current employees of the WBMDTCL shall work as Consultants under their own ministries, departments or agencies. Recruiting former government employees of the WBMDTCL to work for their former ministries, departments or agencies is acceptable provided no conflict of interest exists. When the Consultant nominates any government employee as Personnel in their technical proposal, such Personnel must have written certification from their government or employer confirming that they are on leave without pay from their official position and allowed to work full-time outside of their previous official position. Such certification shall be provided to the WBMDTCL by the Consultant as part of his technical proposal.

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Annexure-I

Format for filling up Technical and Managerial Competency

(To be filled, signed and attached) The bidder is required to provide details of technical/ managerial/financial expertise proposed to be involved in the job to evaluate their technical capability: Sl No. Field Name of

Technical / Managerial Person involved

Qualification Filed of Specialization

Experience in completed no. Of years

Date from which the employee is continuously on the roll of the bidder on full time basis

Projects handled in last five years (Give details)

Brief Bio Data (To be submitted separately for each individual outlining date of birth, academic and professional qualification, year of passing name of Institute and experience in relevant areas as per RFP)

Respective Roles of the consultants

1 Principal Consultant

2 Consultant

3

4

5

Date : Place:

Signature of Authorised Representative of the Bidder holding power of attorney

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Annexure-II

FORMAT OF AFFIDAVIT

(To be submitted on a Ten Rupee Non-judiciary Stamp Paper) (To be filled, signed and attached)

I …………………….the undersigned, son/daughter of ........................is the authorized signatory for M/s...................................for participating in this bidding, hereby solemnly affirm and declare that:

1. Our firm M/s.......................................................has not been penalised or has ever been found involved in any financial or criminal misconduct by the Government or any other Agency, in India or abroad.

2. And also, our firm has never been blacklisted or banned or suspended from participating in Government bidding in the past.

DEPONENT

VERIFICATION:

Verified at , this the day of 2019. That the contents

in the above affidavit is true and correct to the best of knowledge and belief. No part of this affidavit is

wrong and nothing material has been concealed there from.

DEPONENT

Attested by Notary Public.

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ANNEXURE – III

FORMAT OF POWER OF ATTORNEY (To be filled, signed and attached)

(Format for the Notarized and Legalized Power of Attorney for Authorised Signatory dealing the Bid on behalf of the Bidder)

(To be executed on Non-Judicial Stamp Paper of appropriate value) I on behalf of M/s (Name & address of the Bidder) would

like to declare as below:- WHEREAS I HEREBY AUTHORISE Mr./Ms to act as my Attorney and to

look after the affairs pertaining to the Bid against the Reference No. …… , issued by the WBMDTCL. AND WHEREAS the above named person, Mr./Ms._ is sufficiently

capable and knowledgeable about all the affairs related to the said Bid and is capable of handling them and decision taken by him shall be binding on the Bidder. Attested by:-

Signature

Name and Designation of the Authorised Signatory: Signature of the Authorised Signatory

Name of the Person: Designation:

(CEO of the Bidder)

For and on behalf of : (Name of the bidder)

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Annexure–IV Format for submission of information towards eligibility criteria

(To be filled, signed and attached) DETAILED INFORMATION ABOUT THE BIDDER

Sl. No. ITEMS DETAILS

i) Name of the Company

ii) Legal Status iii) (a)Postal address of the a)

Registered Office (b)Telephone no.(s)

(c) Fax No.(s) b)

(d) Web site, c)

(e) email, d)

e)

iv) a) Name of the authorized a) representative,

b) Designation and postal address. b) c) Telephone.

c)

v) Year of incorporation of the company under companies Act.

vi) Banker‟s Name and Address

vii) Registration Number (under company Act) & Company Act) in respective country

viii) Permanent Account Number (PAN) for Income Tax

ix) GST registration no. in India

x) Bank Information a. Beneficiary Name: b. Bank Name & Branch c. IFSC d. MICR e. Account Number f. Account Type.

*Scanned self attested copies of certificate / documents , as applicable to be uploaded

Authorized signature, Name & Designation

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Annexure-V

(To be filled, signed and attached)

Format for giving the Experience of the Bidder for the past 07 years for Technical Evaluation S. From To Name of the Name of the A brief Technical Total Present Relevant Remarks if No. Organization/ job description of and Cost of Status testimonials/ Any

Govt. Dept/ the job management the job Documents to be Company for Staff of bidder (Rs.) (Pending/ produced which similar job (to be given engagedin Ongoing/ separately to was made separately for the job Complete) support the claim

each job (give details) undertaken)

1.

2.

3.

4.

5.

Date:

Signature of Owner/Authorised Representative of the Bidder

Place:

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Annexure–VI

Format for Submission of Financial bid

FINANCIAL BID

Job Total Consultancy Fees for the assigned job (INR) excluding GST and allied taxes but including all other costs, taxes, duties as expliained in clause 3.2 (ii) [Financial Bid for evaluation as per Clause 11 A & B ]

INR In figures

All Jobs under Clause 2 in page 6 & 7 for

advisory services and preparation of INR DPR

in

words

NOTE : i. Consultancy fees as quoted above shall include all expenses including travelling, boarding and lodging

charges, out of pocket expenses etc. and any other expenses related to the job.

ii. The quoted price shall remain firm during the entire period of the contract. The price shall not be subject to variation for any reason whatsoever.

iii. No other payment , except the price quoted paid extra.

will be payable. However GST as Applicable will be

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ANNEXURE – VII

FORMAT FOR BID SUBMISSION (To be filled, signed, and attached)

Ref.No.………………… From: Name & address of the Consultancy Firm

Date:………………

To The Managing Director West Bengal Mineral Development and Trading Corporation Limited (WBMDTCL), 13 Nellie Sengupta Sarani, 2nd Floor, Kolkata – 700087

Bid Reference No. ………………………………………………. Sir,

We the undersigned, through this letter are submitting our Bid for selection as a Consultancy Firm for the WBMDTCL. The undersigned is authorized to sign the “BID SUBMISSION FORM” and to finalise any contractual Terms & Conditions against the “RFP Document”. Power of Attorney as per format placed at Annexure- II is enclosed.

1. We confirm acceptance of all the provisions and Terms & Conditions of Consultancy including “Scope of Work” and “Terms & Conditions”. Copy, of the RFP DOCUMENT duly signed is enclosed as a mark of acceptance.

2. We authorize WBMDTCL to proceed with due diligence necessary to verify the information presented

by us in connection with the selection of Consultancy Firm.

3. We confirm the veracity of the information presented in response to the RFP Document. In case any of the documents submitted along with our bid is found to be false, not genuine, forged or misrepresented, the Bank Guarantee submitted towards Earnest Money Deposit, will be forfeited forthwith.

4. We have not participated in this bidding process through another bidder either directly or through its subsidiaries and/or affiliates.

5. We confirm that validity of the Proposal/Letter of consent is 6(six) months from the last date given for

submission of bid.

Our Proposal is binding upon us.

We understand that you are not bound to accept any proposal you receive.

Yours sincerely

Encl: As Above Authorized Signature

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Annexure–VIII FORMAT FOR LETTER OF ONSENT

(To be filled, signed and attached)

Ref.No.………………… From: Name & Address of the Consultancy Firm

Date:………………


Bid Reference No. ………………………………………………. Sir,

We, the undersigned, through this letter are submitting our “Letter of Consent” for considering as a Consultancy Firm for advisory services and preparation of DPR Document

The undersigned is authorized to sign the Letter of Consent, make presentation and to finalize any contractual Terms & Conditions against the bid.

WBMDTCL is authorized to proceed with due diligence necessary to verify the information presented by us in connection with the selection as Consultancy Firm (delete) . We also confirm that we shall attend meetings and make presentation, as and when required.

Yours sincerely Authorized Signature

Name and Designation

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Annexure-IX PROFORMA FOR PERFORMANCE BANK GUARANTEE

(To be stamped in accordance with Stamp Act)

Bank Guarantee No.: _______________

Ref No. : ______________________ Date: ___________________________


Dear Sirs,

In consideration of The West Bengal Mineral Development and Trading Corporation Limited (hereinafter referred to as the `WBMDTCL‟ which expression shall unless repugnant to the context or meaning thereof include its successors, administrators and assigns) having awarded to M/s. __________________ with its Registered/Head Office at _______________ (hereinafter referred to as the `Consultancy Firm' which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a Contract for consultancy services by issue of Letter of Award No. ____________ dated ______________ and the same having been unequivocally accepted by the Consultancy Firm resulting in a “Contract” valued at ____________ for (Scope of Contract) and the Consultancy Firm having agreed to provide a Contract Performance

Guarantee for the faithful performance of the entire contract equivalent to * 10% (Ten percent) of the said value of the

Contract to the WBMDTCL. We, _______________ (Name and address) having its Head Office at _________________ (hereinafter referred to as the `Bank' which expression shall, unless repugnant to the context or

meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to

pay the WBMDTCL, on demand any and all money payable by the Consultancy Firm to the extent of

___________________ as aforesaid at any time up to ______________** (day/month/year) without any demur, reservation, contest, recourse or protest and or without any reference to the Consultancy Firm. Any such demand made by the WBMDTCL on the Bank shall be conclusive and binding notwithstanding any difference between the WBMDTCL and the Consultancy Firm or any dispute pending before any Court, Tribunal, Arbitrator or any other Authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent of the WBMDTCL and further agrees that the guarantee herein contained shall continue to be enforceable till the WBMDTCL discharges this guarantee.

The WBMDTCL shall have the fullest liberty without affecting in any way the liability of the Bank under this guarantee from time to time to extend the time for performance of the Contract by the Consultancy Firm. The WBMDTCL shall have the fullest liberty, without affecting this guarantee to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Consultancy Firm and to exercise the same at any time and any manner, and either to enforce or to forbear to enforce any covenants, contained or implied in the Contract between the WBMDTCL and the Consultancy Firm or any other course of remedy or security available to the WBMDTCL. The Bank shall not be released of its obligations under these presents by any exercise by the WBMDTCL of its liberty with reference to the matters aforesaid or any of them or by reason or any other acts of omission or commission on the part of the WBMDTCL or any other indulgence shown by the WBMDTCL or by any other matter or thing whatsoever which under law would, but for this provision, have the effect of relieving the Bank.

The Bank also agrees that the WBMDTCL at its option shall be entitled to encash this guarantee against the bank as a

Principal debtor, in the first instance without proceeding against the Consultancy Firm and notwithstanding any

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security or other guarantee that the WBMDTCL may have in relation to the Consultancy Firm's liabilities, without any demure.

Notwithstanding anything contained herein above our liability under this guarantee is restricted to _______________

and shall remain in force up to and including ______________** and shall be extended from time to time for such

period, as may be desired by M/s. ___________ on whose behalf this guarantee has been given.

Dated this _____________ day of _________ 20__ at _________

WITNESS ___________________________________ _______________________________

(Signature) (Signature)

___________________________________ _______________________________ (Name) (Name)

___________________________________ _______________________________ (Official address) (Designation with Bank Stamp)

_______________________________

Attorney as per Power of

Attorney No. ____________________

Dated _________________________

Note: * This sum shall be as specified in the Contract.

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Annexure-X Format for Earnest Money Bank Guarantee

(To be executed on non judicial stamp paper of appropriate value by a Scheduled Bank in India)

B.G. No. Dated: 1. In consideration of you, West Bengal Mineral Development and Trading Corporation Limited, having its office at 13 Nellie Sengupta Sarani, 2nd Floor, Kolkata – 700087 (hereinafter referred to as “WBMDTCL ”, which expression shall unless it be repugnant to the subject or context thereof include its, successors and assigns) having agreed to receive the bid of _________ {a Company registered under the provisions of law and having its {registered office/ office} at _________] (hereinafter referred to as the “Bidder” which expression shall unless it be repugnant to the subject or context thereof include its/their executors administrators, successors and assigns), for “engagement of a consultancy firm for advisory services and preparation of DPR Document (hereinafter referred to as the “Project”) pursuant to the RFP Document vide RFP No dated issued in respect of the Project and other related documents (hereinafter collectively referred to as “Bidding Documents”), we [Name of the Bank] having our registered office at ______ and one of its branches at ________ (hereinafter referred to as the “Bank”), at the request of the Bidder, do hereby in terms of the RFP, irrevocably, unconditionally and without reservation guarantee the due and faithful fulfillment and compliance of the terms and conditions of the Bidding Documents (including the RFP) by the said Bidder and unconditionally and irrevocably undertake to pay forthwith to WBMDTCL an amount of Rs. 2 (two lakhs only (hereinafter referred to as the “Guarantee”) as our primary obligation without any demur, reservation, recourse, contest or protest and without reference to the Bidder if the Bidder shall fail to fulfill or comply with all or any of the terms and conditions contained in the said Bidding Documents. 2. Any such written demand made by WBMDTCL stating that the Bidder is in default of the due and faithful fulfilment and compliance with the terms and conditions contained in the Bidding Documents shall be final, conclusive and binding on the Bank. THE CONDITIONS of this obligation are:- (1) If after Tender opening the Bidder withdraws or modifies his Bid during the period of bid validity specified in the RFP after date of closing of bid submission . (2) If the Bidder having been notified of the acceptance of his bid by WBMDTCL ,during the period of validity. (a) fails or refuses to execute the Form of Agreement in accordance with the terms of RFP (b) fails or refuses to furnish the contract performance guarantee in accordance with the clause 21 of RFP (c) fails to comply with any other instruction of WBMDTCL as contained in the RFP or further extensions and amendments of the RFP (d) Submits false information in their bid in terms of clause 4 of Annexure-VII 3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable under this Guarantee

without any demur, reservation, recourse, contest or protest and without any reference to the Bidder or any other person and irrespective of whether the claim of WBMDTCL is disputed by the Bidder or merely on the first demand from WBMDTCL stating that the amount claimed is due to WBMDTCL by reason of failure of the Bidder to fulfill and comply with the terms and conditions contained in the Bidding Documents including failure of the said Bidder to keep its bid open during the bid validity period as set forth in the said Bidding Documents for any reason whatsoever. Any such demand made on the Bank shall be conclusive as regards amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs 2 (Two ) lakhs . 4. This Guarantee shall be irrevocable and remain in full force for a period of 12 (twelve ) months from .............(the Bid Submission Date or for such extended period as may be mutually agreed between WBMDTCL and the Bidder, and agreed to by the Bank, and shall continue to be enforceable till all amounts under this Guarantee have been paid.

5. We, the Bank, further agree that WBMDTCL shall be the sole judge to decide as to whether the Bidder is in default of due and faithful fulfillment and compliance with the terms and conditions contained in the Bidding Documents including, inter alia, the failure of the Bidder to keep its bid open during the bid validity period set forth in the said Bidding Documents, and the decision of WBMDTCL that the Bidder is in default as aforesaid shall be

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final and binding on us, notwithstanding any differences between WBMDTCL and the Bidder or any dispute pending before any Court, Tribunal, Arbitrator or any other Government body. 6. The Guarantee shall not be affected by any change in the constitution or winding up of the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the Bank with any other person. 7. In order to give full effect to this Guarantee, WBMDTCL shall be entitled to treat the Bank as the principal debtor. WBMDTCL shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee from time to time to vary any of the terms and conditions contained in the said Bidding Documents or to extend time for submission of the Bids or the bid validity period or the period for conveying acceptance of letter of intimation of award of contract by the Bidder or the period for fulfillment and compliance with all or any of the terms and conditions contained in the said Bidding Documents by the said Bidder or to postpone for any time and from time to time any of the powers exercisable by it against the said Bidder and either to enforce or forbear from enforcing any of the terms and conditions contained in the said Bidding Documents or the securities available to WBMDTCL, and the Bank shall not be released from its liability under these presents by any exercise by WBMDTCL of the liberty with reference to the matters aforesaid or by reason of time being given to the said Bidder or any other forbearance, act or omission on the part of WBMDTCL or any indulgence by WBMDTCL to the said Bidder or by any change in the constitution of WBMDTCL or its absorption, merger or amalgamation with any other person or any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of releasing the Bank from its such liability. 8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or made if addressed to the Bank and sent by courier or by registered post to the Bank at the address set forth herein. 9. We undertake to make the payment on receipt of your notice of claim on us addressed to [name of Bank along with branch address] and delivered at our above branch who shall be deemed to have been duly authorized to receive the said notice of claim , without any demur. 10. It shall not be necessary for WBMDTCL to proceed against the said Bidder before proceeding against the Bank and the guarantee herein contained shall be enforceable against the Bank, notwithstanding any other security which WBMDTCL may have obtained from the said Bidder or any other person and which shall, at the time when proceedings are taken against the Bank hereunder, be outstanding or unrealized. 11. We, the Bank, further undertake not to revoke this Guarantee during its currency except with the previous express consent of WBMDTCL in writing. 12. The Bank declares that it has power to issue this Guarantee and discharge the obligations contemplated herein, the undersigned is duly authorized and has full power to execute this Guarantee for and on behalf of the Bank. 13. Notwithstanding anything contained herein i. Our liability under this Bank Guarantee shall not exceed Rs. 2 (Two ) lakhs only . ii. This Bank Guarantee shall be valid up to ( date) ; and iii. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before expiry of this date of validity of this guarantee. Signed and Delivered by ________ Bank By the hand of Mr./Ms. ________, its ________ and authorized official. (Signature of the Authorized Signatory) (Official Seal)