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1.1 Compliance Sheet for Technical Proposal
SL No. Requirement Document
Required
Compliance
(Yes/No)
Page
Reference in
Bid Document
1. Bid Cover Letter Annexure 1.2
2. Statement of Legal Capacity Annexure 1.3
3. Power of Attorney for Signing the
Application & Bid
Annexure 1.4
4. Power of Attorney for Lead Member of
Consortium
Annexure 1.5
5. Consortium Agreement Annexure 1.7
6. General Information of the Bidder Annexure 1.8
7. Anti – Collusion Certificate Annexure 1.9
8. Project Undertaking Annexure 1.10
9. Certificate of Non-Blacklisting Annexure 1.11
10. Past Experience of the Bidder Annexure 1.12
11. Key Personnel CV format Annexure 1.13
12. Financial Capacity of the Bidder Annexure 1.14
13. Description of Approach, Methodology and
Work Plan for Performing the Assignment
Annexure 1.15
14. Earnest Money Deposit Bank Guarantee
as per
Annexure 1.6
15. Tender Document Fees DD drawn in
favour of MD,
APTS, payable
at Hyderabad
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1.2 Bid Cover Letter Form
To, Dated:
Managing Director,
A.P Technology Services Ltd.,
4th floor, B-Block, BRKR Bhavan, Tank bund Road
Hyderabad–500 063
Sub: Application for …………………… Project
Dear Sir,
Being duly authorized to represent and act on behalf of Lead Member (in case of
Consortium)/Single Entity). I, the undersigned, having reviewed and fully understood all of the
Proposal requirements and information provided hereby submit the Proposal for the Project
referred above.
I am enclosing the Proposal (one original), with the details as per the requirements of this RFP, for
your evaluation. The Proposal shall be valid for a period of one hundred and eighty (180) days from
the Proposal Due Date and the Bid Security shall be valid upto 180 days from proposal due date.
Date: Yours faithfully,
Place: (Signature, name and designation of the Authorized Signatory)
(Name and seal of the Bidder/ Lead Member)
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1.3 Statement of Legal Capacity
(To be forwarded on the letterhead of the Bidder/ Lead Member of Consortium)
To, Dated:
Managing Director,
A.P Technology Services Ltd.,
4th floor, B-Block, BRKR Bhavan, Tank bund Road
Hyderabad–500 063
Dear Sir,
We hereby confirm that we/our members in the Consortium* (constitution of which has been
described in the Application) satisfy the terms and conditions laid out in the RFP document.
We have agreed that [insert member’s name] will act as the Lead Member of our consortium*.
We have agreed that [insert individual’s name] will act as our representative/will act as the
representative of the consortium on its behalf* and has been duly authorized to submit the RFP.
Further, the authorized signatory is vested with requisite powers to furnish such letter and
authenticate the same.
Thanking you,
Yours faithfully,
(Signature, name and designation of the authorized signatory)
For and on behalf of ____________________________
(Signature)
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……………………..
(Name & Title)
For and on behalf of ____________________________
(Signature)
……………………..
(Name & Title)
*Please strike out, if not applicable
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1.4 Power of Attorney for Signing the Application & Bid
Know all men by these presents, We_____________________________________________ (name of the firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr./ Ms. (name),_________________________________ son/daughter/wife of and presently residing at_____________________________ , who is presently employed with us and holding the position of ____________________________, as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our application for qualification and submission of our bid for the Project proposed by the ___________________ (the “Authority”) including but not limited to signing and submission of all applications, bids and other documents and writings, participate in pre-applications and other conferences and providing information/ responses to the Authority, representing us in all matters before the Authority, signing and execution of all contracts including the Agreement and undertakings consequent to acceptance of our bid, and generally dealing with the Authority in all matters in connection with or relating to or arising out of our bid for the said Project and/ or upon award thereof to us and/or till the entering into of the Agreement with the Authority.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.
IN WITNESS WHEREOF WE, _____________________________, THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS DAY OF_______.
For ____________________________
(Signature, name, designation and address)
Witnesses:
1. (Notarized)2.
Accepted
(Signature, Name, Title and Address of the Attorney)Notes:
· POWER OF ATTORNEY FOR SIGNING THE APPLICATION & BID is to be submitted in original
· The mode of execution of the Power of Attorney should be in accordance with the procedure, if
any, laid down by the applicable law and the charter documents of the executant(s) and
when it is so required, the same should be under common seal affixed in accordance with
the required procedure.
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· Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney
in favour of the person executing this Power of Attorney for the delegation of power
hereunder on behalf of the Bidder.
· For a Power of Attorney executed and issued overseas, the document will also have to be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed the Hague Legislation Convention 1961 are not required to be
legalized by the Indian Embassy if it carries a conforming Apostille certificate
· In case the Application is signed by an authorized Director / Partner or Proprietor of the
Bidder, a certified copy of the appropriate board resolution / document conveying such
authority may be enclosed in lieu of the Power of Attorney.
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1.5 Power of Attorney for Lead Member of Consortium
Whereas the ___________________________ (“the Authority”) has invited applications from
interested parties for the ____________________________ (the “Project”).
Whereas, _________________, ___________________, _____________________.and _______________.
(collectively the “Consortium”) being Members of the Consortium are interested in
bidding for the Project in accordance with the terms and conditions of the Request for
Proposal (RFP) and other connected documents in respect of the Project, and
Whereas, it is necessary for the Members of the Consortium to designate one of
them as the Lead Member with all necessary power and authority to do for and on
behalf of the Consortium, all acts, deeds and things as may be necessary in connection
with the Consortium’s bid for the Project and its execution.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS
We, __________________ having our registered office at ____________________________, M/s.
__________________ having their registered office at _________________________ , M/s.
__________________ having their registered office at _________________________ and
M/s. ___________________ having its registered office at _____________________________,
(hereinafter collectively referred to as the “Principals”) do hereby irrevocably
designate, nominate, constitute, appoint and authorize M/s.
____________________________being one of the Members of the Consortium, as the Lead
Member and true and lawful attorney of the Consortium (hereinafter referred to
as the “Attorney”). We hereby irrevocably authorize the Attorney (with power to
sub-delegate) to conduct all business for and on behalf of the Consortium and any one
of us during the bidding process and, in the event the Consortium is awarded the
concession/contract, during the execution of the Project and in this regard, to do
on our behalf and on behalf of the Consortium, all or any of such acts, deeds or
things as are necessary or required or incidental to the pre-qualification of the
Consortium and submission of its bid for the Project, including but not limited to
signing and submission of all applications, bids and other documents and writings,
accept the Letter of Award, participate in bidders’ and other conferences,
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respond to queries, submit information/ documents, sign and execute contracts and
undertakings consequent to acceptance of the bid of the Consortium and generally to
represent the Consortium in all its dealings with the Authority, and/ or any other
Government Agency or any person, in all matters in connection with or relating to or
arising out of the Consortium’s bid for the Project and/ or upon award thereof till the
Agreement is entered into with the Authority.
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds
and things done or caused to be done by our said Attorney pursuant to and in exercise of
the powers conferred by this Power of Attorney and that all acts, deeds and things done
by our said Attorney in exercise of the powers hereby conferred shall and shall always
be deemed to have been done by us/ Consortium.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS
POWER OF ATTORNEY ON THIS ___________________ DAY OF___________________
For ……………………..
(Signature)
……………………..
(Name & Title)
For ……………………..
(Signature)
……………………..
(Name & Title)
For ……………………..
(Signature)
……………………..
(Name & Title)
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Witnesses:
1.
2.………………………………………
(Executants)
(To be executed by all the Members of the Consortium)
Notes:
· Power of Attorney for Lead Member of Consortium is to be submitted in
original
· The mode of execution of the Power of Attorney should be in accordance
with the procedure, if any, laid down by the applicable law and the charter
documents of the executant(s) and when it is so required, the same should
be under common seal affixed in accordance with the required procedure.
· Also, wherever required, the Bidder should submit for verification the
extract of the charter documents and documents such as a board or
shareholders’ resolution/ power of attorney in favour of the person
executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder.
· For a Power of Attorney executed and issued overseas, the document will
also have to be legalized by the Indian Embassy and notarized in the
jurisdiction where the Power of Attorney is being issued. However, the
Power of Attorney provided by Bidders from countries that have signed the
Hague Legislation Convention 1961 are not required to be legalized by the
Indian Embassy if it carries a conforming Apostille certificate.
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1.6 Format for Bank Guarantee
Whereas ________________________________________(hereinafter called "the Tenderer") has
submitted its tender offer dated ________2016 for "Selection of Partners for Setting up
Andhra Pradesh Digital Company(s)” for A.P. Technology Services Ltd. (hereinafter
called "the tender") KNOW ALL MEN by these presents that WE_________________
___________________of ________________________ _______________ (hereinafter called the Bank:)are
bound to ______ ____________ ____________________________(hereinafter called "the Authority") in
the sum of _________________ ___________for which payment well and truly to be made to the
said Purchaser, the Bank binds itself, its successors and assigns by these presents. Sealed
with the Common Seal of the Said Bank this ___________ day of ________2016.
THE CONDITIONS of this obligation are:
If the tenderer withdraws its tender during the period of tender validity specified by the
tenderer on the Tender Form; or If the Tenderer, having been notified of the acceptance
of its tender by the Authority during the period of tender validity: fails or refuses to
execute the contract Form if required; or fails or refuses to furnish the Performance
Security, in accordance with the instruction given in tender document; We undertake to
pay the Authority up to the above amount upon receipt of its first written demand,
without the Authority having to substantiate its demand, provided that in its demand the
Authority will note that the amount claimed by it is due it owing to the occurrence of one
or both of the two conditions, specifying the occurred condition or conditions. This
guarantee will remain in force up to and including and any demand in respect thereof
should reach the Bank not later than the above date.
Date:
Place:
(Signature of the Bank)
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1.7 Consortium Agreement
(To be executed on Stamp paper of a value Rs100/-)
THIS CONSORTIUM AGREEMENT is entered into on this the _______day of_______
AMONGST
1. _______________, a company incorporated under the Companies Act,
1956/2013and having its registered office
at_________________________(hereinafter referred
to as the “First Part” which expression shall, unless repugnant to the context
include its successors and permitted assigns)
AND
2. _______________, a company incorporated under the Companies Act,
1956/2013 and having its registered office at _________________________
(hereinafter referred to as the “Second Part” which expression shall, unless
repugnant to the context include its successors and permitted assigns)
AND
3. {_______________, a company incorporated under the Companies Act,
1956/2013 and having its registered office at _________________________
(hereinafter referred to as the “Second Part” which expression shall, unless
repugnant to the context include its successors and permitted assigns))}
The above mentioned parties of the FIRST, SECOND, {THIRD} PART are
collectively referred to as the “Parties” and each is individually referred to
as a “Party”
WHEREAS,
(A). ANDHRA PRADESH TECHNOLOGY SERVICES LIMITED, established
under the _______Act, represented by its Managing Director and having
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its principal office at 4th floor, B-Block, BRKR Bhavan, Tank bund Road,
Hyderabad–500 063 (hereinafter referred to as the “Authority” which
expression shall, unless repugnant to the context or meaning thereof,
include its administrators, successors and assigns) has invited
applications (the Applications”) by its Request for Proposal No.
________dated _________ (the “RFP”) for pre-qualification and short-
listing of bidders for ______________ (the “Project”) through public private
partnership.
(B). The Parties are interested in jointly bidding for the Project as members
of a Consortium and in accordance with the terms and conditions of the
RFP document and other bid documents in respect of the Project, and
(C). It is a necessary condition under the RFP document that the members of
the Consortium shall enter into a Consortium Agreement and furnish a
copy thereof with the Application.
NOW IT IS HEREBY AGREED as follows:
1. Definitions and Interpretations
In this Agreement, the capitalized terms shall, unless the context otherwise
requires, have the meaning ascribed thereto under the RFP.
2. C o n s o r t i u m
2.1. The Parties do hereby irrevocably constitute a consortium (the
“Consortium”) for the purposes of jointly participating in the Bidding
Process for the Project.
2.2. The Parties hereby undertake to participate in the Bidding Process only
through this Consortium and not individually and/ or through any other
consortium constituted for this Project, either directly or indirectly or through
any of their Associates.
3. C o v e n a n t s
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The Parties hereby undertake that in the event the Consortium is declared the Successful
Bidder and awarded the Project, it shall incorporate a special purpose vehicle (the “SPV”)
under the Indian Companies Act, 2013 for entering into an Agreement with the
Authority and for performing all its obligations as the Partners in terms of the
Agreement for the Project.
4. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as described
below:
(a) Party of the First Part shall be the Lead member of the Consortium and shall
have the power of attorney from all Parties for conducting all business for and
on behalf of the Consortium during the Bidding Process and until the Appointed
Date under the Agreement when all the obligations of the SPV shall become
effective;
(b) Party of the Second Part shall be {the Technical Member}of the Consortium;
{(c) Party of the Third Part shall be the (Member} of the Consortium; }
5. Sole responsibility of Lead Member & Inter-Se responsibilities of members
of Consortium
(a) The Parties recognize that the Lead Member of the Consortium is solely
responsible to the GoAP for discharging the commitments under the RFP, in
case the Consortium is successful in its bid.
(b) Notwithstanding the foregoing, the parties acknowledge that, as between the
members of the Consortium, there is a need for clear role definition in relation
to the design and implementation of the Projecct. The Parties do hereby
undertake to discharge the following roles and responsibilities, unless amended
with the consent of all members:
Sl Name of the Role Responsibilitie Timeline
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N
o
Member of the
Consortium
s
(c) Notwithstanding section 5 (a) above, each party shall be severally responsible
and liable for accomplishment of its respective scope of work mentioned
above.
6. Shareholding in the SPV
6.1 The Parties agree that the proportion of shareholding among the Parties in the
SPV shall be as follows:
First Party:
Second Party:
{Third Party:}
6.2 The Parties undertake that a minimum of 89% (eighty nine per cent) of the
subscribed and paid up equity share capital of the SPV shall, at all times be held by
the Parties of the First, {Second and Third} Part whose experience and Net Worth
have been reckoned for the purposes of qualification for the Project in terms of the
RFP.
6.5 The Parties undertake that they shall comply with all equity lock-in requirements
set forth in the Agreement.
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7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement that:
(a) Such Party is duly organized, validly existing and in good standing
under the laws of its incorporation and has all requisite power and
authority to enter into this Agreement;
(b) The execution, delivery and performance by such Party of this
Agreement has been authorized by all necessary and appropriate
corporate or governmental action and a copy of the extract of the
charter documents and board resolution/ power of attorney in
favour of the person executing this Agreement for the delegation of
power and authority to execute this Agreement on behalf of the
Consortium Member is annexed to this Agreement, and will not, to
the best of its knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having
applicability to it;
(iii) violate the memorandum and articles of association, by-laws
or other applicable organizational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or
other governmental authorization, approval, judgement, order
or decree or any mortgage agreement, indenture or any other
instrument to which such Party is a party or by which such
Party or any of its properties or assets are bound or that is
otherwise applicable to such Party; or
(v) create or impose any liens, mortgages, pledges, claims,
security interests, charges or encumbrances or obligations to
create a lien, charge, pledge, security interest, encumbrances
or mortgage in or on the property of such Party, except for
encumbrances that would not, individually or in the aggregate,
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have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party
from fulfilling its obligations under this Agreement
(c) this Agreement is the legal and binding obligation of such Party,
enforceable in accordance with its terms against it; and
(d) there is no litigation pending or, to the best of such Party's knowledge,
threatened to which it or any of its Associates is a party that presently
affects or which would have a material adverse effect on the financial
condition or prospects or business of such Party in the fulfillment of its
obligations under this Agreement.
8 . T e r m i n a t i o n
This Agreement shall be effective from the date hereof and shall continue in full force
and effect until the Financial Close of the Project is achieved under and in accordance
with the Agreement, in case the Project is awarded to the Consortium. However, in case
the Consortium is either not pre-qualified for the Project or does not get selected for
award of the Project, the Agreement will stand terminated in case the Bidder is not pre-
qualified or upon return of the Bid Security by the Authority to the Bidder, as the case
may be.
9 . M i s c e l l a n e o u s
9.1 This Consortium Agreement shall be governed by laws of India.
9.2 The Parties acknowledge and accept that this Agreement shall not be
amended by the Parties without the prior written consent of the Authority.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND
DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED
For and on behalf of
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LEAD MEMBER by: SECOND PART
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED
For and on behalf of For and on behalf of
THIRD PART FOURTH PART
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
In the presence of:
1.
2.
Note: 'The Consortium Agreement provided in this Volume spells out the minimum requirements of the Consortium Agreement. Other clauses may be added to the consortium agreement provided such clauses do not override the provisions provided in the template of Consortium Agreement provided in this Volume.'
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1.8 General Information of the Bidder
a. Participating entity details
Participating Entity Type Single Organization
Consortium of Organizations
Consortium Members
(applicable only in case of consortium)
Name of the Bidder
(Name of the lead bidder in case of
consortium)
Vertical Interested in
(Select only one)
Education and Skill Development
Primary Sector
Health Care
b. Organization Details (To be provided for each consortium member, in case of consortium bid)
1. Name of the Company/ Firm
2.
a. Date of Incorporation (Registration Number & Registering Authority)
· VAT No.,· CST No., · PAN No.
3. Envisaged role in the consortium
4.Legal Status of the Company in India &
Nature of Business in India
5. Address of the Registered Office in India
6. Date of Commencement of Business
7.Name & e-mail id, phone number, fax of the
Contact Person
8. Quality Certifications
9. Web-Site
10. EMD details
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Notes: Please provide a brief description of the background, service offering and organization of your
firm/entity.
1.9 Anti – Collusion Certificate
(On the Letter head of the Single Entity/ Lead Member)
ANTI – COLLUSION CERTIFICATE
Date:
To: _________
Sub: ______________________
Dear Sir,
We hereby certify and confirm that in the preparation and submission of this Proposal, we have not
acted in concert or in collusion with any other Bidder or other person(s) and also not done any act,
deed or thing which is or could be regarded as anti-competitive. We further confirm that we have
not offered nor paid nor will offer nor pay, directly or indirectly, any illegal gratification, in cash or
kind, to any person or agency in connection with the instant Proposal.
Dated this…………………..Day of …………………..
Name of the Bidder:
Signature of the Authorized Person:
Name of the Authorized Person
Note:
· To be signed by the Lead Member, in case of a Consortium, authorized to submit the bid
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1.10Project Undertaking
(On the Letter head of the Single Entity/ Lead Member)
PROJECT UNDERTAKING
Date:
To: _________
Sub: ______________________
Dear Sir,
We have read and understood the Request for Proposal (RFP) in respect of the captioned Project
provided to us by the Authority. We hereby agree and undertake as under: Notwithstanding any
qualifications of conditions, whether implied or otherwise, contained in our Proposal we hereby
represent and confirm that our Proposal is unqualified and unconditional in all respects and we
agree to the terms of the proposed Agreement(s), a draft of which also forms a part of the RFP
provided to us.
Dated this…………………..Day of …………………..
Name of the Bidder:
Signature of the Authorized Person:
Name of the Authorized Person
Note:
· To be signed by the Lead Member, in case of a Consortium, authorized to submit the
bid
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1.11Certificate of Non-Blacklisting
[On the letterhead of the organization]
This is to certify that ---------------------- (Name of the organization), having registered office at
---------------------- (Address of the registered office), as on date of submission of the proposal, have
not been blacklisted by any Government entity (Central or State Government or PSU) in India or is
under a declaration of ineligibility for fraudulent or corrupt practices by any Government entity
(Central or State Government or PSU) in India.
Signature:
Name of the Authorized Signatory:
Designation:
Notes:
· Certificate of Non-Blacklisting is to be submitted in original
· In case of a consortium, certificate must be submitted by each member of the
consortium
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1.12Past Experience of the Bidder
Assignment name: Approx. value of the contract (in current US$):
Country:
Location within country:
Duration of assignment (months):
Name of Client: Total No of staff-months of the assignment:
Address: Approx. value of the services provided by your firm
under the contract (in current US$):
Start date (month/year):
Completion date (month/year):
No of professional staff-months provided by
associated partners:
Name of associated staff, if any: Name of senior professional staff of your firm
involved and functions performed (indicate most
significant profiles such as Project
Director/Coordinator, Team Leader):
Narrative description of Project and its relevance to this proposal:
Description of actual services provided by your staff within the assignment:
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Notes:
· Using the format below, provide information on each assignment for which your firm,
and each associate for this assignment, was legally contracted either individually as a
corporate entity or as one of the major companies within an association, for carrying
out services similar to the ones requested under this assignment.
· Copy of Purchase/Work Orders for each of the project experience mentioned must be
provided
· Copy of Work completion certificate or Client certificate (in case of ongoing projects)
stating the current status of work must be provided.
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1.13Key Personnel CV Format
1 Name of the Staff
2 Current Designationin the Organization
3 Proposed Role in the Project
4 Proposed Responsibilities in the Project
5 Date of Birth
6 Education
SL No. Degree Obtained
College / University Year
Certifications
7 Summary of Key Training and
8 Countries of Work Experience
9 Language Proficiency
Language Reading Writing Speaking
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10Employment Record (For the total relevant experience)
From / To:
Employer:
Position Held:
From / To:
Employer:
Position Held:
From / To:
Employer:
Position Held:
11 Total No. of Years of Work Experience
12Total No. of Years of Experience for the Role proposed
13
Highlights of relevant assignments handled and significant accomplishments (Use following format for each project)
Name of assignment or project:
Year:
Location:
Client:
Main project features:
Positions held:
Activities performed:
Certification
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes me, my qualifications, and my experience. I understand that any willful misstatement described herein may lead to my disqualification or dismissal, if engaged.
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Date:
Place:
Signature:
(Name)
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1.14Financial Capacity of the Bidder
We hereby certify that the annual turnover of M/s. ____________________ (Name of the bidder) in the
last three financial years is as given below:
Annual Turnover for the Last 3 Financial Years in Indian Rupees (in
Crores)
Year
(2012-13)
Year
(2013-14)
Year
(2014-15)
(Signature of Statutory Auditor)
Name of Statutory Auditor:
Name of Statutory Auditor Firm:
Seal
Notes:
· Bidder should provide statutory auditor’s certificate as per the below given format
· In case of a consortium, certificate must be submitted by each member of the
consortium
· Audited financial statements (balance sheets & Profit &Loss statements) for the
above mentioned period(FY 12-13, FY13-14,FY14-15) will be submitted only by
the members of the successful Consortium, subject to the provisions of G.O. MS 12
ITE&C Dept dated 8.6.2015
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