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Environmental Planning & Co-ordination Organization,
Paryavaran Parisar, E-5 Arera Colony,
Bhopal MP – 462 016
RFP- Notice
EPCO invites Proposal for renovation & up-gradation of “Jal Tarang” Bhoj Wetland
Interpretation Center located at Bhopal. For details, please visit our website
www.epco.in . Last date for submission of is RFP 20th June 2014.
Executive Director
Request for Proposal (RFP) for
Engagement of Agency for
Renovation and Upgradation of “Jal Tarang”
Bhoj Wetland Interpretation Center, Bhopal
2014
Environmental Planning and Coordination Organization
Paryavaran Parisar, E-5 Sector, Arera Colony,
Bhopal – 462 016
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Request for Proposal (RFP) for Engagement of
Agency for Renovation and Upgradation of “Jal Tarang”
Bhoj Wetland Interpretation
DISCLAIMER
This Request for Proposal (RFP) document is neither an agreement and nor is an offer to
the interested organizations. The purpose of this RFP document is to provide prospective
interested organizations information that may be useful to them in the formulation of their
proposal for selection pursuant to this RFP document.
The assumptions, assessments, statements and information contained in this RFP
document may not be complete, accurate, adequate or correct. Each interested organization
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 document and obtain
independent advice from appropriate sources.
Information provided in this RFP document to the interested organizations is not intended to
be an exhaustive account of statutory requirements and should not be regarded as a
complete or authoritative statement of law.
Environmental Planning and Coordination Organization (EPCO) or its employees or
representatives make no representation or warranty and shall have no liability to any
interested organization, 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
document
EPCO also accepts no liability of any nature whether resulting from negligence or otherwise
howsoever caused arising from reliance of any interested organization upon the statements
contained in this RFP document.
EPCO may, at 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 document.
The issue of this RFP document does not imply that EPCO is bound to select and to appoint
the interested organizations for work as envisaged in this RFP and EPCO reserves the right
to reject all or any of the offers without assigning any reason whatsoever.
The interested agencies/organizations shall bear all the costs associated with or relating to
the preparation and submission of their proposal including but not limited to preparation,
copying, postage, delivery fees, expenses associated with any demonstrations or
presentations which may be required by EPCO or any other cost incurred in connection with
or relating to its offer.
All such costs and expenses will be borne by the interested organizations and EPCO shall
not be liable in any manner, whatsoever, for the same or for any other costs or other
expenses incurred by any interested party in preparation and submission of the proposal,
regardless of the conduct or outcome of the selection process.
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REQUEST FOR PROPOSAL (RFP):
1. General
1.1 Environmental Planning and Coordination Organization (EPCO) Bhopal, Madhya
Pradesh, invites RFP up to 15.00 hrs. on 20th June 2014 (Offer Due Date) from
suitable interested organizations to select the experienced and Expert Agency
for developing and executing plan for Renovation and Up gradation of “Jal
Tarang” Bhoj Wetland Interpretation Center located at Boat Club (Upper Lake),
Van Vihar Road Bhopal with three years operation and maintenance contract
extendable up to six years on the same rate as quoted in the bid.
1.2 Cost of RFP document: The cost of the RFP document is Rs. 1,000/-, payable
by demand draft of any nationalized or scheduled commercial bank payable at
its local branch in favour of the Executive Director, EPCO Bhopal. The RFP
document is to be downloaded from website www.epco.in and demand draft
shall be enclosed in a separate sealed envelope and submitted along with the
technical proposal.
1.3 Earnest money: Rs. 1,00,000/- (Rupees one lakh) only payable by demand
draft / term deposit receipt of any nationalized or scheduled commercial bank
payable at its local branch in favour of ED EPCO Bhopal.
1.4 Technical proposal shall be opened on 20th June 2014 at 16.00 hrs. Other
details may be viewed in the RFP document on EPCO’s website www.epco.in
2. Scope of Work
2.1 Scope of Work, duties and obligation of the selected agency/organizations/
firms, obligations of Environmental Planning and Coordination Organization Bhopal
(hereinafter called ‘EPCO’), penal actions for breach of conditions of RFP etc. have
been given in the Terms of Reference (TOR) section of this document .
3. Eligibility for Interested agency/organizations:
The interested party may be a registered Society/ Trust/ Foundation/ Firm/
Company, with standing of at least 10 years on the due date of RFP. The interested
party should in the last 5(Five) years have neither failed to perform any contract as
evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitration award against the organization, nor has been expelled
from any project or contract by any public entity nor have had any contract
terminated by any public entity for breach of contract. An undertaking in this regard is
to be attached with Technical Proposal.
The interested organizations should fulfil following conditions
3.1 The interested party shall have a minimum average annual turnover of Rs.
1,00,00,000/- (Rupees One crore) for each of the last three financial year (2012-13,
2011-12, 2010-11). Audited reports in these regard shall be enclosed.
3.2 Experience: Have at least five years of work experience of development of
interpretation /Information centre on issues related to environment/ wetland for
reputed institutions/organizations and should have experience of development &
installation of hardware & software’s’ for exhibits and its operation & maintenance,
preparation of IEC materials for environmental /wetland conservation awareness.
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3.3 Have developed at least two Interpretation/ Information center in the area of
awareness on environment/ wetland conservation or climate change in last five
years.
3.4 Experience of developing / installing software of digital display materials.
Experience of installation of exhibits i.e. models/ display boards/ touch screen/
LEDs/ 3D video games/ overhead projector/ latest hardware & software/ thematic
animation.
3.5 Experience of developing information, education and communication (IEC) material
and other souvenir items.
3.6 Professional Staff: Interested organisation/ firm should have a team of at least 20full
time professionals (excluding support staff) on their pay roll having proven
experience of working in the scientific and policy planning & analysis issues of
natural resources management, energy, environment and climate change.
Note- Any entity, which has been barred from participating in any project by the
Central/State Government or by any entity controlled by it and if the bar subsists as on the
due date of RFP, would not be eligible to submit RFP.
4. Description of selection process:
The selection of participating organization will be on the parameters elaborated in
section 3 above. Technical and financial capability of all the interested parties, who
submit their proposal in accordance with the provisions of this RFP document, will be
assessed. EPCO, after the evaluation of technical proposal would prepare a list of
shortlisted organizations which scores 60 or more points shall be treated as eligible
for the assignment. Eligible organizations that scores 60 or more points will be
invited for opening and presentation of the concept plan which shall be submitted
along with bid in separate envelop as mentioned in point 17 of RFP. EPCO will not
entertain any query or clarification from participating organization who fail to qualify.
A four-stage procedure will be adopted in evaluating the bids for short listing and
selection of firms;
4.1 Short listing on the parameters of eligibility criteria
4.2 Evaluation of Technical bid of eligible firms on the basis of evaluation criteria
mentioned in para 19 of RFP document
4.3 Opening and presentation of Concept plan will be carried out of only Technical
eligible firms (Prior to opening of financial bid Technical eligible firms will be called
for opening and presentation of concept plan, date and time for opening and
presentation of concept plan will be intimated to technical eligible firms by EPCO, at
least 7 days prior to opening)
4.4 Opening of Financial bid – Financial bid of those firms will be opened whose concept
plan is approved by committee constituted by Executive Director EPCO and financial
bid of other firms will be returned unopened. In case if two or more concept plan
approved by the committee then work will be awarded to L1 on lowest rate basis.
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Date and time for opening of financial bid will be intimated to firms by EPCO, at least
7 days prior to opening.
4.5 The earnest money shall be refundable not later than 60 (Sixty) days from the RFP
Due Date, except in the case of the selected organization/s whose earnest money
shall be retained till they have executed the agreement. The offer shall be,
summarily, rejected if it is not accompanied by the earnest money.
5. RFP and costs thereof
5.1 The organization submitting the RFP shall bear all of the costs associated
with the preparation of RFP and their participation in the process. EPCO will not be
responsible or in any way liable for such costs, regardless of the outcome of the
selection process.
6. Clarifications on RFP Document
6.1 Organizations requiring any clarification on the RFP document may notify it to
EPCO. They should send their queries in writing by fax or by e-mail within 7 days of
issue of RFP notice.
6.2 Since RFP document is to be downloaded from the website, EPCO will not be
in a position to know the prospective organizations. Therefore, prospective
organizations will have to register themselves by sending an e-mail at
[email protected] for receiving such responses. All prospective organizations will be
permitted to participate in pre-bid meet.
6.3 EPCO shall endeavour to respond to the questions raised or clarifications
sought by the participating organizations. However, EPCO reserves the right not to
respond to any question or provide any clarification, at its sole discretion, and
nothing in this para shall be taken or read as compelling or requiring EPCO to
respond to any question or to provide any clarification.
6.4 EPCO may also on its own motion, if deemed necessary, issue interpretations
and clarifications to all the prospective organization. All the clarifications and
interpretations issued by the EPCO shall be deemed to be part of the RFP
document. Verbal clarifications and information given by EPCO or its employees or
representatives shall not in any way or manner be binding on EPCO.
6.5 Pre- bid meeting: A pre bid meeting of the prospective organizations shall be
convened on 7th June 2014 at 11.30 AM. in the Conference hall of the EPCO,
Paryavaran parisar, E-5, Arera Colony, Bhopal or at any other place as intimated to
all the prospective organization.
During the course of pre-bid conference, the prospective organizations will be free to
seek clarifications and make suggestions for consideration of EPCO. EPCO shall
endeavour to provide clarifications and such further information as it may, in its sole
discretion, consider appropriate for facilitating a fair and transparent process.
7. Amendment of RFP document
7.1 At any time prior to the deadline for submission of RFP, EPCO may, for any
reason, whether at its own initiative or in response to clarifications requested by a
prospective organization, modify the RFP document by the issuance of an
amendment.
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7.2 Any amendment thus issued will be sent in writing by e-mail or fax to all those
who have registered with EPCO as per section 6.1 of this RFP and also be displayed
on the EPCO’s website at www.epco.in
7.3 In order to afford the prospective organization a reasonable time for taking the
amendment into account, or for any other reason, EPCO may, in its sole discretion,
extend the RFP due date.
8. Validity of offer :
8.1 The offer shall be valid for a period of 60 (Sixty days) days from the due date.
The validity of RFP may be extended by mutual consent of the organization and EPCO
offer.
9. Acknowledgement by participating organizations:
9.1 It shall be deemed that by submitting the RFP, the participating organization has:-
(a) made a complete and careful examination of the RFP document;
(b) received all the relevant information from EPCO;
(c) Agreed to be bound by the undertakings provided by it under and in terms
hereof.
9.2 EPCO shall not be liable for any omission, mistake or error in respect of any of
the above or on account of any matter or thing arising out of or concerning with or
relating to the RFP document or the selection process, including any error or mistake
therein or in any information or data given by EPCO.
PREPARATION AND SUBMISSION OF RFP:
10. Language
10.1 The RFP and all the related correspondence and documents in relation to the
selection process shall be in English. Supporting documents and printed literature
furnished by the participating organization with the RFP should also be in English.
11. Preparation and signing of RFP:
11.1 The participating organization shall provide all the information sought under
this RFP document. EPCO will evaluate only those RFP that are received in the
required formats and complete in all respects. Incomplete and /or conditional RFP
shall be liable to be rejected.
11.2 The participating organization shall prepare the proposal together with
original/ copies of documents required to be submitted along therewith pursuant to
this RFP document.
11.3 The proposal shall be typed or written in indelible ink and signed by the
authorised signatory of the participating organization who shall also make initial on
each page in blue ink. In case of printed and published documents, only the cover
and inner cover shall be initialled. All amendments made to the proposal shall be
initialled by the person signing the RFP. The RFP shall contain page numbers and
shall be hard bound together as one document and should have proper indexing.
12. Technical Proposal
12.1 The participating organization shall prepare the technical proposal in the
format specified in Annexure–I, together with all the documents specified in paras
3.1, 3.2 and 12.2. The technical proposal shall be sealed in an envelope marked as
“TECHNICAL PROPOSAL".
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12.2 The technical proposal shall contain:
(i) Demand draft of Rs 1,000/-(Rs. One Thousand) only of any nationalized or
scheduled commercial bank payable at its Bhopal local branch in favour of the
Executive Director, EPCO Bhopal. Towards the cost of RFP document
downloaded from EPCO’s website
(ii) Earnest money of Rs. 1,00,000/- (Rupees one lakh) only in the form of demand
draft of any nationalized or scheduled commercial bank payable at its Bhopal
local branch in favour of the Executive Director EPCO Bhopal.
(iii) Technical proposal in the prescribed format (Annexure-I) along with all the
relevant documents as required in annex I- to annex-V
(iv) Copies of audited balance sheet and income and expenditure accounts of the
organization for minimum annual turnover of Rs. 1,00,00,000/- Crore (Rs. One
Crore) for each of the last three years (2012-13, 2011-12, 2010-2011).
(v) RFP document and the annexure duly initialled on each page by the person
signing the proposal.
(vi) Copy of Memorandum and Articles of Association/ Trust Deeds/ Company bye-
laws in case of a corporate body, copy of partnership deed in case of a firm
and copy of registration certificate in case of society etc. as the case may be ;
(vii) Power of Attorney authorising the signatory of the proposal to commit the RFP.
13. Financial Proposal
The participating organization shall prepare the financial proposal in the format
specified in Annexure–VI, and shall be sealed in an envelope marked as “FINANCIAL
PROPOSAL".
13.1 The Financial bid should list all the costs associated with the assignment with
item wise and payable to the Firm by the Client. These normally cover;
Cost for Development, Supply and Installation of new exhibits i.e. models / equipments / display boards / Touch screen based on electronically display technologies / modern computer operated technologies / 3D / Video games using latest software etc.
Cost for repair and renovation of existing exhibits, equipment etc as per the requirement
Cost for development, printing and publication on environmental education, awareness material / documents i.e. booklets / stickers / school labels / broacher/ postcards etc.
Cost for development of souvenir shop and reception centre.
Cost for renovation of internal lighting system.
Cost for proposed number of compatible change of theme as per requirement display on environmental issues.
Cost for staff.
Cost of Transportation.
Cost of survey & Investigations.
Cost of Communication.
Cost for operation and maintenance for three year.
Overall maintenance and cleaning of Dioramas, Panels, Models, Maps, all Electronic & Electrical Items and accessories, hardware & software,
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Computers, Peripherals etc. of all existing and new equipments & exhibits for three years.
13.2 Cost should be mentioned item wise and should be Inclusive of-
(a) Inclusive of all staff time, train fare, lodging, local conveyance and contingencies.
(b) Inclusive charges for the inspection visit to identify the problem and subsequent visit by the team from the Firm to solve the problem and special trip in any in case of any emergency situation to solve unforeseeable problems, will need to be paid by the Firm.
(c) Inclusive of all miscellaneous cost if any.
13.3 The financial bid must be expressed in Indian Rupees only and must take into
account all types of the tax liabilities and cost of insurance. All payments to firm / firms
would be made only in Indian Rupees. The rates should be expressed in figures and words
both.
13.4 Payment will made as per the payment schedule on achieving required progress of
work.
14. Sealing and Marking of Envelopes
There will be 5 separate envelop marked as Envelop-1, Envelop-2, Envelop-3, Envelop-4
and Envelop-5.
(i) In envelop-1 keep the demand draft of Rs 1,000/- being the cost of RFP
document downloaded from website. Seal envelop mark RFP cost.
(ii) In envelop-2 keep the demand draft of Rs 1,00,000/- for Earnest Money. Seal
envelop and mark Earnest Money.
(iii) In envelop-3 keep the technical proposal in this envelop. Seal envelop and
mark Technical Proposal.
(iv) In envelop-4 keep the concept plan in this envelop. Seal envelop and mark
Concept Plan.
(v) In envelop-5 keep the financial bid in this envelop. Seal envelop and mark
Financial Proposal.
Important: - Please keep all these five sealed envelope in an outer sealed
envelope to be marked as under:
"Request for Proposal for Renovation and Up gradation of ‘Jal Tarang’ Bhoj
Wetland Interpretation Center”
14.1 Submission of Bid -
The envelope containing all five envelops properly sealed and marked as
"Request for Proposal for Renovation and Up gradation of Jal Tarang Interpretation
Center” shall be submitted to Executive Director and shall be addressed as:
The Executive Director
Environmental Planning and Coordination Organization
Paryavaran parisar, E-5 Arera Colony, Bhopal MP 462016
14.2 If the envelopes are not sealed and marked as instructed above, EPCO
assumes no responsibility for the misplacement of the contents of the proposal
and consequent losses, if any, suffered by the participating organization.
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14.3 RFP can be submitted through Speed Post/ Registered Post, through Courier
or personally by hand. RFP submitted electronically by fax, telegram or e-mail shall
not be entertained and shall be rejected.
15. RFP Due Date
15.1 RFP should be submitted up to 15:00 hours on 20th June 2014 at the
address provided in Para 14 in the manner and form as detailed in this RFP
document.
15.2 EPCO may, in its sole discretion, extend the RFP due date by issuing an
amendment to all the participating organizations and also display on
www.epco.in
16. Late proposals
Proposals received by EPCO after the specified time on the Due Date shall not be eligible
for consideration and shall be returned unopened.
17. Opening and Evaluation of RFP
17.1 The authorized representatives of EPCO or a committee appointed by ED
EPCO, shall open the RFP at on 20th June 2014 at 16:00 hours in the presence
of the organization’s representatives who choose to attend.
RFP shall be opened in the following sequence:
i. Envelope-1 containing demand draft of Rs. 1,000/- being the cost of RFP
document downloaded from the website shall be opened. If the organization
has not furnished the said demand draft, his proposal shall not be opened.
ii. Envelope-2 containing demand draft of Rs. 1,00,000/- for earnest money shall
be opened. If the demand draft of earnest money is not found in order the
technical proposal shall not be opened.
iii. Envelope-3 containing technical proposal.
iv. Envelop-4 Containing concept plan will be opened of only technically eligible
participants on a separate date, time and place informed by EPCO
v. Envelop-5 Containing Financial bid, Financial bid of those firms whose concept
is approved by committee or whose concept full fill scope of the work of task
will be opened in the presence of the organization’s representatives who
choose to attend on a separate date, time and place informed by EPCO .
Financial bids of other firms will be returned unopened.
EVALUATION PROCESS
18. Clarifications from participating organizations for Evaluation of Technical
proposal
18.1 To facilitate evaluation of proposal EPCO may, at its sole discretion, seek
clarifications from any participating organization regarding their RFP. Such
clarification(s) shall be provided within the time specified by EPCO for this
purpose. Any request for clarification and all the clarifications in response
thereto shall be in writing or through email ids given by the participating
organization.
18.2 If a participating organization does not provide clarifications sought under
Para 18.1 above within the prescribed time, their proposal shall be liable to be
rejected. In case the proposal is not rejected, EPCO may proceed to evaluate
the RFP by construing the particulars requiring clarification to the best of its
understanding, and the participating organization shall be barred from
subsequently questioning such interpretation of EPCO.
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19. Evaluation of Technical proposal
19.1 EPCO will subsequently examine and evaluate technical proposal in
accordance with the eligibility criteria set forth in para 3 and 19.4 of this RFP.
19.2 EPCO reserves the right not to proceed with the selection process at any
time without notice or liability and to reject any or all the proposal without
assigning any reason.
19.3 If any information furnished by the participating organization is found to be
incomplete or contained in formats other than those specified herein, EPCO may, at
its sole discretion, reject the proposal. Participating Organization will essentially have
to score minimum qualifying marks in each of the category as mentioned in the
matrix below in point no. 19.4 table-I
19.4 Evaluation Criteria will be as per following matrix- (Table-I)
Organizational strength Maximum Points Minimum Qualifying points
1. Financial Capacity 15 points 10 points
2. Organizational Experience 20 points 10 points
3. Development of Interpretation Centers 30 points 20 points
4. Experience of developing / installing
software for digital display
15 points 10 points
5. Experience of developing (IEC) materials
10 points 5 points
6. Professional Staff 10 points 5 points
Total 100 points 60 points
In the process of evaluation points shall be given as under. (Table-II)
1. Financial Capacity:
Rs. 2 crore or more :15 Points
Rs. 1 crore but less than Rs. 2.0 crore :10 Points
Less than Rs. 1 crore : 0 Points Note: - In case, the annual turnover of the bidder is less than Rs. 1 crore during any of the three years, it shall be awarded zero points for financial capacity and the bidder shall automatically be disqualified.
2. Experience: Organizational Experience in the relevant field
More than 7 years :20 Points
More than 6 years but less than 7 years :15 Points
More than 5 years but less than 6 years :10 Points
Less than 5 years : 0 Points
Technical Capacity:
3. Development of Interpretation Center in the field of wetland conservation or environment
5 centers or more :30 Points
4 centers :25 Points
2 centers :20 Points
Less than 2 centers : 0 Points
4. Experience of developing / installing software for digital display
3 software or more :15 Points
2 software :10 Points
Less than 2 software : 0 Points
5. Experience of developing (IEC) materials
5 IEC material or more 10points
3 IEC material 5
Less than 2 IEC material 0
6. Professional staff: Firm should have at least 20 full time professionals on their pay roll
25 or More than 25 professional :10 Points
20 or More than 20 but less than 25 professional : 5 Points
Less than 20 professional : 0 Points
Note- firms that scores minimum 60 points or more shall be considered technical eligible and shall be called for opening and presentation of concept plan.
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SELECTION OF ORGANIZATION
20. Selection of Organisation
20.1 The selection of participating organization will be on the parameters
elaborated in section 3 above and selection procedure elaborated in section 4. After
evaluation of concept plan EPCO would announce a list of firms whose concept plan
is found suitable for task and approved by committee. Organisations whose concept
plan is approved will be invited for opening of financial bid. Work will be allotted to
firm who quoted lowest rate on L1basis
EPCO may qualify more than one organization and may split assignment into more
than one part & assign the responsibility of undertaking different part of assignment
for these organizations in such manner as it considers fair and appropriate.
20.2 EPCO will not entertain any query or clarification from participating organization
who fail to qualify.
21. Correspondence of the participating organization
Except, as provided in this RFP document, EPCO shall not entertain any
correspondence of participating organizations in relation to the acceptance or
rejection of any proposal.
22. Right to accept or reject any or all the proposals
22.1 Notwithstanding anything contained in this RFP document, EPCO reserves the
right to accept or reject any proposal and to annul the selection process and reject all
the proposals, at any time without any liability or any obligation for such acceptance,
rejection or annulment, and without assigning any reasons thereof.
22.2 EPCO reserves the right to reject any proposal and/or all the proposals if:
(a) At any time, a material misrepresentation is made or uncovered; or
(b) The organization does not provide, within the time specified by EPCO the
supplemental information sought by EPCO for evaluation of the proposal.
22.3 In case it is found during the evaluation or at any time before signing of the
Agreement or after its execution and during the period of subsistence thereof that
one or more of the pre-qualification conditions have not been met by the
organization, or the organization has made material misrepresentation or has given
any materially incorrect or false information, the organization shall be disqualified
forthwith if not yet selected for the assignment.
If the organization has already been issued the Letter of Acceptance (LoA) or has
entered into the Agreement, as the case may be, the same shall, notwithstanding
anything to the contrary contained therein or in this RFP document, be liable to be
terminated by a communication in writing by EPCO to the organization without
EPCO being liable in any manner whatsoever to the organization and without
prejudice to any other right or remedy which EPCO may have under this RFP
document or under applicable law.
22.4 EPCO reserves the right to verify all the statements, information and documents
submitted by the organization in response to the RFP. Any such verification or lack
of such verification by EPCO shall not relieve the organization of its obligations or
liabilities hereunder nor will it affect any rights of EPCO there under.
23. Earnest money
23.1 EPCO shall not be liable to pay any interest on the earnest money and the
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same shall be interest free.
23.2 EPCO shall be entitled to forfeit and appropriate the earnest money, in any of
the events specified in Para 23.3 herein below. The participating organization, by
submitting its proposal pursuant to this RFP document, shall be deemed to have
acknowledged and confirmed that no relaxation of any kind on earnest money shall
be given to any organization.
23.3 Earnest money shall be forfeited and appropriated by EPCO against
compensation and damages payable to EPCO for, inter alia, time, cost and effort of
EPCO without prejudice to any other right or remedy that may be available to the
EPCO hereunder or otherwise, under the following conditions:
a. If a participating organization withdraws its proposal during the period of RFP
validity as specified in this RFP document and as extended by the participating
organization from time to time;
b. In the case of selected organization, if it fails to sign the agreement within the
specified time limit.
c. If the selected organization fails to complete the task within the time limit.
d. For violation of any other obligation of the selected organization, as specified in
this RFP.
23.4 Earnest money of unsuccessful participating organizations will be refunded
by EPCO, without any interest, or in case the selection process is cancelled by
EPCO. The earnest money shall be refundable not later than 60 (Sixty) days
from the RFP due date.
23.5 Earnest Money of successful bidder will be refunded without interest after the
full amount of performance security is received and agreement is executed.
24. Letter of Acceptance
After selection of organizations, a Letter of Acceptance ("LoA") shall be issued by
EPCO to the selected organization to sign the agreement within 7 (seven) days of
the receipt of the LoA.
25. Performance Security/ award of work
(a) The contract will be awarded to the successful bidder. Successful bidder shall
deposit performance security 5% of the contract amount before the execution of the
agreement in the form of unconditional Bank Guarantee valid for 90 days after expiry
of assignment of a Nationalised Bank in the format given in annexure-VIII, within 7
days from the date of issue of acceptance letter.
(b) The successful bidder shall execute the agreement with the client within 7 days
after the submission of performance security in the approved format.
26. Security Deposit
Security deposit at the rate of 5% shall be recovered from the running bills or actual
value of work executed and paid whichever is more.
The amount of security deposit shall not be converted into any other form.
27. Miscellaneous
27.1 The selection process shall be governed by, and construed in accordance
with, the laws of India and the Court at Bhopal in Madhya Pradesh shall have
exclusive jurisdiction over all the disputes arising under, pursuant to and/ or in
connection with the selection Process.
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Summary Sheet
For Request for Proposal S.No. Information Details
1. Title of the Assignment Request for Proposal (RFP) for “Request for Proposal for Developing
and Executing Plan for Renovation and Up gradation of ‘Jal
Tarang’ bhoj Wetland Interpretation Center”
2. Name of Client
Executive Director Environmental Planning and Coordination Organization Paryavaran Parisar,E-5 Sector, Arera Colony Bhopal 462016
3. Total Assignment period 6 Months
4 (a).
Request for Bid Documents
The cost of the RFP document is Rs. 1,000/-, payable by demand draft of any nationalized or scheduled commercial bank payable at its local branch in favour of the Executive Director, EPCO Bhopal. The RFP document is to be downloaded from website www.epco.in and demand draft shall be enclosed in a separate sealed envelope and submitted along with the technical proposal.
4(b). Earnest Money Deposit Rs. 1,00,000/- (Rupees One lakh) only payable by demand draft of any
nationalized or scheduled commercial bank payable at its local branch in
favour of ED EPCO Bhopal.
5. Pre-bid meeting 7th June 2014 at 11.30 AM at the office of Executive Director EPCO,
Bhopal.
6. Submission of Bid There will be 5 separate envelop marked as Envelop1, Envelop-2, Envelop-3, Envelop-4 and Envelop-5 (i) In envelop-1 please keep the demand draft of Rs 1,000/- being the
cost of RFP document downloaded from website. Please seal this envelop.
(ii) In envelop-2 please keep the demand draft of Rs 100,000/- for Earnest Money. Please seal this envelop.
(iii) In envelop-3 please keep the technical proposal. Please seal this envelop.
(iv) In envelop-4 please keep the concept plan. Please seal this envelop.
(v) In envelop- 5 Please keep Financial proposal and seal the envelop. Important:- Please keep all these five sealed envelope in an outer sealed envelope to
be marked as under:
" Request for Proposal for Developing and Executing Plan for
Renovation and Up gradation of Jal Tarang Interpretation
Center”
The envelope shall be addressed to:
Executive Director
Environmental Planning and Coordination Organization Paryavaran Parisar,E-5 Sector, Arera Colony Bhopal 462016 Name and Address of applicant ______________________
7. Date and time for submission of bids
On 20th June 2014 upto 15.00 hrs.
8. Date and time for opening of technical bids
Technical bids will be opened on 20th June 2014 at 16.00 hrs.
Date and time for opening of concept plan and financial bid will be informed separately to eligible firms
9. Evaluation of bids Evaluation shall be done by Committee constituted by the EPCO
10. Validity Period Sixty days from the date of opening of bid.
11. Taxes Selected Organization and the personnel shall pay the taxes, duties; fee,
levies and other impositions levied under the existing and amended laws
as may be lawfully required.
12. Documents and Annexure to be enclosed with the Technical Bid
As per Annexure I to V shall be enclosed as mentioned in this ToR
13
TERMS OF REFERENCE
REQUEST FOR PROPOSAL (RFP) FOR ENGAGEMENT OF Request for Proposal for
Developing and Executing Plan for Renovation and Up gradation of “Jal Tarang” Bhoj
Wetland Interpretation Center
1. Introduction
1.1 Environmental Planning and Coordination organization (EPCO) is a registered society
under Housing and Environment Department of the Government of Madhya Pradesh.
The Government of Madhya Pradesh has declared EPCO as the State Designated
Agency for Climate Change.
The Environmental Planning and Coordination organization (EPCO) has set up Bhoj
Wetland Interpretation Center “Jal Tarang” in May, 2004 to disseminate information of
Bhot Wetland. Jal Tarang is situated on a beautiful location overlooking the upper lake of
Bhopal near Boat Club. Many high quality, modern & interactive exhibits and models
have been installed to educate the visitors about lake & wetland ecosystem. Over the
time some of these exhibits are damaged and most of the electronic equipment/
instruments touch screens and dynamic models are out of order.
Looking to the present conditions of exhibits /equipment and observing significant
change in Lake Ecosystem EPCO decided to renovate this center with incorporation of
some thematic change in the Interpretation Center set-up in year 2004.
In this context, EPCO is looking for competent organization who have experience and
good knowledge of development /implementation and operation of Interpretation Centers
so as to be able to undertake Proposal for Developing and Executing Plan for
Renovation and Up gradation of Jal Tarang Interpretation Center.
2. Background - Jal Tarang Interpretation Center was Initially Designed and Developed
by Center for Environment Education (CEE) Ahemdabad under Bhoj Wetland Project
with the objective of dissemination of information, Awareness and Education about Bhoj
Wetland, water conservation and other environmental issues through various interactive
exhibits, models, touch screens, games etc. Any person desire to visit Jal Tarang
before submitting RFP may visit Jal Tarang on all Govt working days between 2 PM to 8
PM except Tuesday which is scheduled weekly off day.
3. Scope of Work- The bidder will be required to execute plan for renovation and up
gradation of “Jaltarang” Bhoj Wetland Interpretation center and to take
responsibility of operation & maintenance of Jaltarang for Three years after the
completion of work.
Broad Scope of assignment is to Renovate and Upgrade Jal Tarang interpretation Center
includes following activities-
1. To review and assess existing items in interpretation centre such as exhibits, models, dioramas; all electronic equipments i.e. touch screens, LCD TV, VCD, all computer system, display boards, internal lighting arrangements etc and prepare status report.
2. To prepare detail plan for renovation and Up gradation of Interpretation centre and execution of the suggested activities.
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3. To prepare implementation schedule covering all stages of the implementation process for each component of concept plan.
4. To present status report, draft plan and implementation schedule before client (EPCO) for approval.
5. To incorporate amendments/suggestions in the plan.
6. To Prepare detailed specifications and drawings of suggested/ approved Exhibits, Models models / display boards / touch screen / LEDs / 3D video games / overhead projector / latest hardware & software / thematic animation.
7. To Prepare detail configurations of electronic hardware and develop required software to run digital models, display boards, touch screens, games for dynamic & static displays.
8. To suggest detail plan for possible repairing in existing displays, models etc.
9. To execute approved plan for renovation/ up gradation of Jal tarang i.e. Develop, supply, installation and operation of all approved items
10. To do operation and maintenance of Jaltarang for three year after the completion of works of renovation
11. The firm should prepare and submit inception report, monthly progress reports, project completion report.
12. To provide on the job training to staff of interpretation centre on hardware / software and operation.
13. To set procedures for strong quality control aspect, will develop adequate system of internal checks to fully protect the interest of the client and prepare quality control manual for use of interpretation centre.
14. To prepare proposal for redesign of reception and souvenir shop and develop eco friendly souvenir material with set of sample i.e. T-shirts, Bags, Caps, belts etc.
15. To prepare proposal for re-orientation of children activity area.
16. To develop and supply of IEC material in Hindi and English on conservation of water resources and environment i.e. booklet, postcards, brochure, posters, pamphlets, school labels, stickers.
17. The firm is responsible to supply and installation of application for number of compatible change of theme as per requirement display in a year on conservation of water resources and environmental issues.
18. To submit efficient operation & maintenance plan for all equipment and exhibits and prepared for O & M service & support agreement for three years.
4. Suggested Methodology
The selected organization will need to undertake an extensive review and assessment of
existing status of Jal Tarang and prepare a status report. Conceive a draft plan for
renovation based on wetland conservation, water conservation, environmental education
and climate change themes. Prepare various options for innovative and interactive
display/demonstration units. Draft plan including implementation schedule along with
options of display/ demonstration units is to be presented before committee constituted
by EPCO for approval. After approval implementation of plan is to be done as per
15
schedule. A detailed strategy for operation and maintenance and regular activities is to
be developed to sustain Interpretation Centre.
5. Outputs/ Deliverables
The successful bidder will submit Inception report within 15 days of acceptance. The
selected organization will produce status report, detail report of the renovation plan,
Technical details and specifications of all hardware and develop required software & IEC
material. Execution of plan as per scope i.e. develop, supply and installation etc
complete. Execution of operation and maintenance of Interpretation Center for three
year.
6. Time frame for the assignment
The assignment is to be completed within six months time from the date of execution of
agreement.
7. Management and Reporting
EPCO will manage the assignment and the selected organization will report to Executive
Director, EPCO, who will lead the assignment.
8. Tentative Cost of the Assignment – Rs. 60.00 Lakh (Rs sixty Lakhs)
9. Penal Provision
9.1 If the selected organization fails to achieve the key deliverables as per the
prescribed monthly schedule approved by EPCO, a part of the performance security, up
to a maximum of 25% of the security amount, may be imposed as penalty for each such
monthly default.
9.2 If the selected organization continues to fail to carry out activities for consecutively
three months, EPCO can forfeit the whole of performance security amount and can
terminate the agreement by giving seven days show cause notice to the defaulting
organization through e-mail/fax.
9.3 Penalty can also be imposed for not engaging/ deploying professionals for the task
as envisaged in the RFP, for submission of fake report, for production of false bills for
site, or any such other irregularity or violation of any terms of reference. The penalty in
such cases at discretion of EPCO can be up to 5% of performance security for each
such default.
9.4 EPCO reserves the right to get any or all reports cross checked by its own officers or
any other agency of its choice. In case of any discrepancy, the selected organization
shall be blacklisted and other punitive actions including refund/deduction of full or part of
reimbursable amount may be initiated against the organization.
10. Payment Schedule
Payment for the performance of works related to this assignment would be as per the
accepted financial offer accordingly total amount of Rs …………. (in words) for
execution of renovation and up gradation plan and total amount of Rs ………. (in
Words) for Operation and maintenance inclusive of all taxes in stages as per the
following payment schedule.
16
A Schedule of Payment for Execution of Plan for Renovation and up gradation
1 Submission of Inception report 10%
2 Completion of 25% work 10%
3 Completion of 50% work 25%
4 Completion of 75% work 25%
5 Completion of 100% work 30%
B Schedule of payment for Operation and Maintenance
Yearly schedule of payment
1 Submission of every half yearly O&M report 50% of yearly amount
2 Submission of every yearly O&M report 50% of yearly amount
17
ANNEXURE- I
TECHNICAL PROPOSAL
Request for Proposal for Developing and Executing Plan for Renovation and Up
gradation of ‘Jal Tarang, Bhoj Wetland Interpretation Center
S.N. Information and documents required Information and documents to be
supplied by the participating
organization
A PROFILE OF THE ORGANIZATION
1. Name and type of the organization/ Entity
Organizational structure including
registration details PAN, Service tax
registration number etc. (Full Details to
be furnished in the format given in
Annexure-II)
2. Information of Key Contact Person with
details of contact
3 Year (s) of Organizational Experience
4
Financial Statements of the last three
financial year- 2010-2011, 2011-12,
2012-13, Certificates to be attached)
Financial Year Turn over
2010-11
2011-12
2012-13
Total
B DETAILS OF LOCAL OFFICE IN MP if any
1 Year of Establishment
2 Address of Local Office if any
C DEVELOPMENT OF INTERPRETATION CENTER
1 Please enclose details of Interpretation
Centers Developed
As per Annexure III
2 Please enclose details of Software/
Hardware Developed
As per Annexure III
3 Please enclose details of IEC Material
Developed
As per Annexure III
D TECHNICAL APPROACH
1 Methodology
2 Work Plan
3 Time Plan
E TEAM COMPOSITION AND PLAN
1 Organizing and Staffing
2 Detailed CV of the key Professionals As per Annexure IV
18
F DETAILS OF RFP DOCUMENT COST and EARNEST MONEY
1 Demand Draft of Rs. 1,000/- of any
Nationalized or Scheduled Commercial
Bank payable at its local branch in favor
of the ED EPCO Bhopal for payment
towards cost of RFP document.
Demand Draft No. ___________
Date: ___________
Bank and Branch:
_________________________
2 Demand Draft of Rs. 1,00,000/- of any
Nationalized or Scheduled Commercial
Bank payable at its local branch in favor
of the Executive Director EPCO Bhopal
for earnest money.
Demand Draft No. ___________
Date: ___________
Bank and Branch:
_________________________
3 Power of Attorney authorizing the
signatory of the participating organization
to commit the RFP.
4 Checklist As per Annexure V
Important Notes:
1. RFP documents, certified copies of undertakings given and certificates attached etc shall
be properly page numbered and indexed and bound as one document. Participating
organization should ensure that documents submitted by them are not loosely held. All
the documents enclosed with the Technical proposal should be self attested by the
authorized signatory. Technical proposal submitted otherwise will not be considered.
2. Technical proposal shall be prepared in accordance with the instruction contained in Para
12 of RFP and shall be submitted along with the documents as laid down in this RFP.
3. Participating organizations will have to submit an affidavit duly notarized that the
information, certified copies of the documents supplied with the proposal and
undertakings given/certificates attached are true and correct to the best of their
knowledge and belief. If any information is subsequently, even after award of work, is
found to be incorrect, EPCO may forfeit their earnest money/performance security and
debar them from participating in future.
4. Participating organization shall furnish an undertaking as required under para 3 of RFP
document as part of the proposal, on their official letter head duly signed with proper seal
by the authorized signatory.
Signature:
Name:
Designation:
19
ANNEXURE- II
ORGANISATIONAL STRUCTURE
1. Name of Entity:
2. Address:
a. Postal Address
b. E-mail Address
c. Telephone No.
d. Mobile No.
e. Fax No.
3. Core business of the entity along with years of existence in the core business
(Minimum period of existence- 10 years)
4. Entity Registration Certificate (Number) ____________ (date) ____________
(Attach certified copy of registration)
5. Permanent Account Number (PAN):
6. Registration Number and date for Service Tax.
7. Place of Headquarter of the Entity along with details of Branch offices
8. Details of professionals (excluding support staff)
9. Self attested copy of organizational registration details
10. Particulars of the Authorized Signatory of the RFP.
a. Name
b. Designation
c. Postal Address
d. E-mail Id :.................................... Alternative Email Id.....................................
e. Telephone No.
f. Mobile No.
g. Fax No.
Signature of the Authorized person submitting RFP
20
ANNEXURE- III
DETAILS OF WORK UNDERTAKEN
(To be filled for each of the relevant Interpretation Center, IEC Material, Software/
Hardware etc developed)
1. Name of Assignment:-
2. Country/ State:-
3. Location within country:-
4. Name of Client:-
5. Address of Client:-
6. Duration of Assignment:-
7. Start date (month and year) :-
8. Completion date (month and year) :-
9. Value of assignment in INR -
10. No. of Professional staff engaged in the assignment:-
11. Names of staff Associated with the assignment:-
12. Narrative description of the Project:-
13. Description of actual services provided by your staff:-
14. Attach supporting document for each work-
Date :
Place :
Signature of Person
21
ANNEXURE- IV
CURRICULUM VITAE
(To be filled in for each person separately)
1. Name of Person:-
2. Date of Birth:-
3. Educational Qualifications:-
4. Present designation in the organization:-
5. Present role and responsibilities:-
5. Past experience and training received:-
6 Details of relevant experience:-
Date :
Place :
Signature of Person
22
ANNEXURE- V
Checklist to be filled by the Organization submitting RFP
Eligibility Criteria and other conditions and details of documents as mentioned
in the RFP
Yes /
No
Page
No
Registered Society/ Trust/ Foundation/ Firm/ Company, with standing of at least 10
years on the due date of RFP. Concerning documents enclosed at page no.
An undertaking with regard to RFP point no 3 attached at page no.
List of full time professionals on their pay roll, details enclosed at page no.
Minimum average annual turnover of Rs. 1,00,00,000/- (Rupees One Crore ) for
each of the last three financial year ( 2012-2013, 2011-12, 2010-2011) enclosed at
page no
Audited reports in these regard shall be enclosed for FY 2010-11, FY 2011-12 and
FY 2012-13 , enclosed at page no
The proposal has been typed or written in indelible ink and signed by the authorised
signatory of the participating organization who shall also make initial on each page in
blue ink
Demand draft of Rs 1,000/- (Rs. One Thousand) only of any nationalized or
scheduled commercial bank in favour of the Executive Director, EPCO Bhopal
Earnest money of Rs. 1,00,000/- (Rupees One Lakh) only in the form of demand
draft of any nationalized or scheduled commercial bank payable at its Bhopal local
branch in favour of the Executive Director EPCO
Technical proposal in the prescribed format (Annexure-I) along with all the relevant
documents enclosed at page no
RFP document and the annexure duly initialled on each page by the person signing
the proposal
Copy of Memorandum and Articles of Association/ Trust Deeds/ Company bye-laws
in case of a corporate body, copy of partnership deed in case of a firm and copy of
registration certificate in case of society etc. as the case may be, attached at page no
Power of Attorney authorising the signatory of the proposal to commit the RFP,
enclosed at page no.
Details of professional staff attached at page no.
Technical Approach mentioned on page no.
Details of work plan attached at page no.
Details of Team Plan attached at page no.
Details of Time Plan attached at page no.
Annexure –II attached at page no.
Annexure –III attached at page no.
Annexure –IV attached at page no.
Annexure –V attached at page no.
Affidavit declaring that the information furnished is true and correct page no.
23
ANNEXURE- VI
FORMAT FOR FINANCIAL BID
FINANCIAL BID
FROM: TO:
Executive Director Environmental Planning &
Coordination Organisation (EPCO)
"Kachnar" Paryavaran Parisar E-5, Arera Colony, Bhopal - 16
Sir:
Subject: Offer to develop and execute concept plan, with 5 year operation and
maintenance for renovation and up-gradation of ‘Jal Tarang’ Bhoj
Wetland Interpretation Centre.
The Financial bid should list all the items and costs associated with the assignment and
payable to the Firm by the Client including service tax.
A. Execution of Concept Plan
Sr. No. Description of Item No. Unit Rate Amount (Rs.) (in Figure)
Total A
B Cost of Operation & Maintenance
Sr. No. Description of item Amount (Rs.) (in Figure)
Cost for operation and maintenance for
three years
Total Cost (A+B)
Note:
Amount should be quoted lump sum inclusive of all taxes but excluding service tax
Detail specification of each items should be mentioned in the column of description of
items
Cost of O&M should be quoted for three year which will be applicable for extended
period without any escalation
Separate sheet in same format may be used if space is insufficient
Authorized Signatory of the firm with Seal
24
Annexure- VII
DRAFT AGREEMENT
(To be mutually agreed and signed between EPCO and selected Organization after
issuance of LoA)
This Agreement is entered into on this the ____________day of _________, 2014
BETWEEN
Executive Director, Environmental Planning and Coordination Organization, Bhopal
(hereinafter referred to as “ED, EPCO" which expression shall, unless repugnant to the
context or meaning thereof, include its administrators, successors and assigns) of One Part,
AND
_____________________________, having its registered office at ______________
(hereinafter referred to as the "Selected Organization" which expression shall, unless
repugnant to the context or meaning thereof, include its successors and permitted
substitutes) of the Second Part
WHEREAS
(a) Environmental Planning and Coordination Organization (hereinafter referred to as
"EPCO") has decided to engage the services of ………………………..to carry out the
studies as per the details mentioned in the Terms of Reference of this RFP.
(b) EPCO had accordingly invited RFP vide RFP No ____/ dated ______ for selection of
suitable agency on the terms and conditions contained in the RFP document.
(c) After evaluation of the proposals so received, the EPCO had accepted the RFP of
M/s. __________________, and issued its Letter of Acceptance No__________
dated ___________ ("LoA") inter alia for the execution of this Agreement.
(d) EPCO in accordance with the provisions of RFP has agreed accordingly to enter into
this Agreement with the selected agency on the terms and conditions set forth
hereinafter.
(e) The selected agency has duly provided the Performance Security of Rs 100,000/- in
terms hereto.
NOW THEREFORE IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS HEREINAFTER CONTAINED, THE PARTIES HERETO HEREBY AGREE
AND THIS AGREEMENT WITNESSE HAS FOLLOWS:
PRELIMINARY DEFINITIONS AND INTERPRETATION
1. Definitions:
In this Agreement, the following words and expressions shall, unless repugnant to
the context or meaning thereof, have the meaning hereinafter respectively assigned
to them:
I. "Accounting Year" means the financial year commencing from 1st April of any
calendar year and ending on 31st March of the next calendar year.
25
II. "Agreement" means this Agreement, its Recitals, Schedules and Annexure
hereto and any amendments thereto made in accordance with the provisions
contained in this Agreement.
III. "Applicable Laws" means all laws, promulgated or brought into force and
effect by the State Government and/or the Government of India including rules,
regulations and notifications made there-under, and judgments, decrees,
injunctions, writs and orders of any court of record, applicable to this Agreement
and the exercise performance and discharge of the respective rights and
obligations of the parties hereunder, as may be in force and effective during the
subsistence of this agreement.
IV. "Applicable Permits" means all clearances, permits, authorizations, consents
and approvals required to be obtained or maintained under Applicable Laws in
connection with CCIC subsistence of this Agreement.
V. "Selected Organization" means the Organization which shall undertake and
perform the obligations and exercise the rights of the organization under the
LOA and the Agreement.
VI. "Agreement Period" means the period beginning from the date of signing of
the Agreement and ending at the end of 3 years of such date unless
terminated earlier or extended in terms hereof.
VII. “Climate Change” Climate Change means as defined by UNFCCC/ IPCC ( It
covers issues like Climate Change Adaptation/ Mitigation, scientific aspects of
climate change like climate modelling, vulnerability assessment, GHG
inventorization, research studies on social, economic and ecological aspects of
climate change and Climate Change policy analysis and planning issues)
VIII. "Force Majeure" or "Force Majeure Event" shall mean an act; event,
condition or occurrence specified which is not in the control of any party to the
agreement.
IX. "Good Industry Practice" means those practices, methods, techniques,
standards, skills, diligence and prudence which are generally and reasonably
expected and accepted internationally and nationally from a reasonably skilled
and experienced organization/ agency engaged in the same type of undertaking
as envisaged under this Agreement and acting generally in accordance with the
provisions of applicable laws.
X. "Government Agency" means Government of India (GOI), Government of
Madhya Pradesh (GOMP) or any Ministry, Department, Commission, Board,
Authority, Registered Society, instrumentality or agency, under the control of
GOI or GOMP.
XI. "LoA" means the Letter of Acceptance.
XII. "EPCO's representative" means such person or persons as may be
authorised in writing by the competent officer of EPCO to act on his behalf
under this Agreement and shall include any person or persons having authority
to exercise any rights or perform and fulfil any obligations of the EPCO under
this Agreement.
XIII. "Parties" means the parties to this Agreement collectively and "Party" shall
mean any of the Party to this Agreement individually.
XIV. "Rs." Or "Rupees" means the lawful currency of the Republic of India.
26
XV. "Termination" means the expiry or termination of this Agreement.
XVI. "Termination Date" means the date on which this Agreement expires pursuant
to the provisions of this Agreement or is terminated by a Termination Notice
whichever is earlier.
XVII. "Termination Notice" means the communication issued in accordance with
this Agreement by any one Party to the other Party terminating this Agreement
XVIII. “Jal Tarang” means an Interpretation Center on Bhoj Wetland located at Boat
Club( Upper Lake), Van Vihar Road, Bhopal
2. Scope of work:
The scope of the work under this agreement shall mean the scope of work defined
in the Terms of Reference (TOR) para no 3.
3. Payment Schedule
The selected organization shall be entitled to get payment in accordance with
prescribed procedure defined in the payment schedule para no 10 of TOR and as
per the agreement.
4. Obligations of the Selected Organization
As provided in the Terms of Reference (TOR).
5. Obligations of the EPCO:
As provided in the Terms of Reference (TOR).
6. Performance security:
a) A Bank guarantee of 5% of contract amount has been received prior to
agreement from the successful organisation as performance security for the
due and faithful performance of its obligations during the Agreement Period.
b) The Performance Security shall be released by EPCO to the selected
organization upon satisfactory completion of the agreement. In the event the
selected organization is in breach of the terms of the Agreement during the
agreement period, EPCO shall, without prejudice to its other rights and
remedies hereunder or in law be entitled to appropriate such amounts as may
have been determined, from the Performance Security as damages for such
default. Upon such appropriation from the Performance Security, the selected
organization shall, within 15 (Fifteen) days thereof, replenish, in case of partial
appropriation, to its original level, and in case of appropriation of the entire
Performance Security provide a fresh Performance Security, as the case may
be, failing which EPCO shall be entitled to terminate this Agreement.
7. Security Deposit
Security deposit at the rate of 5% shall be recovered from the running bills or actual
value of work executed and paid whichever is more. The amount security deposit
shall not be converted into any other form. Security Deposit will be released after
one year of the completion of agreement.
8. Indemnity:
The selected organization hereby undertakes to indemnify and hold EPCO harmless
against all cost, damages, and liabilities, expenses arising out of any third party
claims relating to torts or contracts relatable to the functioning of CCIC.
27
9 Force Majeure:
9.1 The selected organization or EPCO as the case may be, shall be entitled to initially
suspend the performance of its respective obligations under this Agreement to
the extent that the selected organization or EPCO, as the case may be, is
unable to render such performance by an event of Force Majeure (a "Force Majeure
Event")
9.2 In this Agreement, no event or circumstance and/or no combination of
circumstances shall be treated as a "Force Majeure Event" unless it satisfies all the
following conditions:
a) Materially and adversely affects the performance of an obligation;
b) Are beyond the reasonable control of the affected Party;
c) Such Party could not have prevented or reasonably overcome with the
exercise of Good Industry Practice or reasonable skill and care;
d) Do not result from the negligence or misconduct of such Party or the failure of
such Party to perform its obligations hereunder;
e) Which, by it or consequently disables either party to perform its respective
obligations under this agreement.
10 Mitigation:
The Party claiming to be affected by a Force Majeure Event shall take all
reasonable steps to prevent, reduce to a minimum and mitigate the effect of such
Force Majeure Event. The affected Party shall also make efforts to resume
performance of its obligations under this Agreement as soon as possible and upon
resumption, shall forthwith notify the other Party of the same in writing.
11. Default and Termination:
11.1 Selected Organization - Event of Default
For the purposes of this Agreement, each of the event or circumstance, to the extent
not caused by a default of EPCO or Force Majeure Event, shall be considered, as
events of default of the selected expert agency (the "selected Organization Event of
Default") which, if not remedied within the Cure Period of 7 days upon receipt of
written notice from EPCO shall provide EPCO the right to terminate this Agreement.
11.2 EPCO – Event of Default
For the purposes of this Agreement, each of the event or circumstance, to the extent
not caused by a default of the selected organization or is not Force Majeure Events,
shall be considered, as events of default of EPCO ("EPCO –Event of Default"), which
shall provide the selected organization the right to terminate this Agreement.
11.3 Notice of Termination
11.3.1 Without prejudice to any other right or remedies which the non-defaulting
Party may have under this Agreement, upon the occurrence of either a selected
organization Event of Default or a EPCO Event of Default, the defaulting Party shall
be liable for the breach caused and consequences thereof and the non-defaulting
Party shall have the right to issue a notice expressing its intention to terminate this
Agreement to the other Party (the "Notice of Intention to Terminate"). Upon the
issuance of a Notice of Intention to Terminate, the defaulting Party shall have the
right to rectify or cure the breach within 7 days of receipt of such Notice of Intention
to Terminate ("Cure Period"). If the breach is not rectified by the defaulting Party
28
within the Cure Period, the non-defaulting Party shall have the right to terminate this
Agreement by issuance of a termination notice (the "Termination Notice").
Notwithstanding anything contained in the Agreement, the selected organization
cannot exercise the right to issue Notice of Intention to Terminate after 30 days after
signing this agreement.
11.3.2 Save and except as otherwise provided in this agreement and without
prejudice to any other right or remedy which EPCO may have in respect thereof
under this Agreement, upon the occurrence of any breach by the selected
organization under this Agreement including any Event of Default, EPCO shall be
entitled to appropriate the Performance Security and to terminate this Agreement by
a communication in writing (the "Termination Notice") to the selected organization, if
it has failed to cure such breach or default within the period provided for in the same
notice.
12. Dispute and its resolution:
Save where expressly stated to the contrary in this Agreement, any dispute,
difference or controversy of whatever nature howsoever arising under, out of or in
relation to this Agreement, between the Parties and so notified in writing by either
Party to the other (the "Dispute") in the first instance shall be attempted to be
resolved in accordance with the procedure set forth below.
12.1 Amicable Resolution
In the event of any Dispute between the Parties, either Party may call upon the
Director General, EPCO, to mediate and assist the Parties in arriving at an amicable
settlement thereof. The decision of DG EPCO shall be binding on both the parties.
12.2 Arbitration
12.2.1 Any Dispute, which is not resolved amicably, as provided above, shall be
finally decided by reference to Arbitration by a Board of Arbitrators appointed as per
the provisions of the Arbitration & Conciliation Act, 1996 and any subsequent
amendment thereto. Such arbitration shall be held in accordance with the Rules of
Arbitration of the Indian Council of Arbitration and shall be subject to the provisions of
the Arbitration and Conciliation Act, 1996 and as amended from time to time
thereafter.
12.2.2 The jurisdiction of all the challenges arising out of the agreement or to its
implementation shall be in the district court of Bhopal and High Court in Madhya
Pradesh.
12.3 Arbitration Awards to be binding
a) The selected organization and EPCO undertake to carry out any decision or
award of the arbitrators ("Award") without delay. Awards relating to any dispute
shall be final and binding on the Parties from the date they are made.
b) The selected organization and EPCO agree that an Award may be enforced
against the selected organization and EPCO as the case may be and their
respective assets wherever situated.
c) This Agreement and rights and obligations of the Parties shall remain in full
force and effect pending the Award in any arbitration proceeding hereunder.
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13. Governing law and jurisdiction:
This Agreement shall be construed and interpreted in accordance with the Applicable
Laws and the Courts in Madhya Pradesh shall have jurisdiction over all matters
arising out of or relating to this Agreement.
14. Survival:
Termination of this Agreement (a) shall not relieve the selected organization or
EPCO of any obligations hereunder which expressly or by implication survives
Termination hereof, and (b) except as otherwise provided in any provision of this
Agreement expressly limiting the liability of either Party, shall not relieve either Party
of any obligation or liability for loss or damage to the other Party arising out of or
caused by acts or omissions of such Party prior to the effectiveness of such
Termination or arising out of such termination.
15. Entire agreement:
This Agreement and the RFP document along with its annexure constitute a
complete and exclusive statement of the terms of the agreement between the Parties
on the subject hereof and no amendment or modification hereto shall be valid and
effective unless expressly previously approved in writing by EPCO and executed by
the person expressly authorised by a resolution of the selected organization in this
behalf.
16. Notices:
Any notice or other communication to be given by a Party to the other Party under, or
in connection with the matters contemplated by this Agreement shall be in writing and
shall:
a) in the case of the selected organization, be marked for the attention of the
person set out opposite the corresponding signature below or to such other
address marked for such other attention as the selected organization may from
time to time designate by notice to the EPCO provided that notices or other
communications be confirmed by sending a copy thereof by registered
post/Speed post or by courier and/or also be sent by facsimile to the number
as the selected organization may from time to time designate by notice to
EPCO; and
b) In the case of EPCO be given by letter and be addressed to the Executive
Director of EPCO, Copy of all the notices shall also be sent by registered
acknowledgement due.
17. Severability:
If for any reason whatever any provision of this Agreement is or becomes invalid,
illegal or unenforceable or is declared by any court of competent jurisdiction or any
other instrumentality to be invalid, illegal or unenforceable, the validity, legality or
enforceability of the remaining provisions shall not be affected in any manner, and
the Parties will negotiate in good faith with a view to agreeing one or more provisions
which may be substituted for such invalid, unenforceable or illegal provisions, as
nearly as is practicable to such invalid, illegal or unenforceable provision. Failure to
agree upon any such provisions shall not be subject to dispute resolution under this
Agreement or otherwise.
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18. No Partnership:
Nothing contained in this Agreement shall be construed or interpreted as constituting
a partnership between the Parties. Neither Party shall have any authority to bind the
other in any manner whatsoever.
19. Counterparts:
This Agreement may be executed in two counterparts, each of which when executed
and delivered shall constitute an original of this Agreement.
IN WITNESS WHEREOF THE, PARTIES HAVE EXECUTED AND DELIVERED
THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN
For and on behalf of the EPCO by
______________(Signature)
______________(Name)
______________(Designation)
SIGNED, SEALED AND DELIVERED
For and on behalf of the selected
organization by:
______________(Signature)
______________(Name)
______________(Designation)
SIGNED, SEALED AND DELIVERED
In the presence of:
1.
2.
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ANNEXURE - VIII
UNCONDITIONAL BANK GUARANTEE
FOR
PERFORMANCE SECURITY
(To be issued by Nationalised Bank)
(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)
1. In consideration of
the......................................................................................... (hereinafter referred to as
“the Client”) having agreed to exempt
M/s…………………………….......................................(hereinafter referred to as “the
Organisation/ Agency/ Firm”) from the demand, under the terms and conditions of
agreement dated………….. made between ……………… And
………………………………………… (hereinafter called “the Agreement”) for
performance security for the due fulfilment by the said Consultants of the terms and
conditions contained in the said agreement on production of Bank Guarantee for
`……………………. (in figures) `……………………………………………….……… (in
words) only. We……………………………. (hereinafter referred to as “the Bank”) do
hereby undertake to pay to Client an amount not exceeding
`………………………………………. against any loss or damage caused to or
suffered or would be caused to or suffered by the Client by reason of any breach by
the said Organisation/ Agency/ Firm of any of the terms and conditions contained in
the said agreement.
2. We…………………………… (Bank), having its head office at................. do
hereby guarantee and undertake to pay the amount due and payable under this
guarantee without any demure merely on a demand from the Client stating that the
amount claimed is due by way of loss or damage caused to or suffered by the Client
by reason of any breach by the said Organisation/ Agency/ Firm of any of the terms
and conditions contained in the said agreement or by reason of the Organisation/
Agency/ Firms' failure to perform the said agreement. Any such demand made on the
Bank shall be conclusive as regard the amount due and payable by the Bank under
this guarantee. However, our liability under this guarantee shall be restricted to an
amount not exceeding `………….……... (in figures) `
……………………………………(in words)
3. We …………………. (Bank) further agree that the guarantee herein contained
shall remain in full force and effect during the period that would be taken for the
performance of the said agreement and that it shall continue to be enforceable till all
dues of the Client under or by virtue of the said agreement have been fully paid and
its claim satisfied or till Client certifies that the terms of the said agreement have
been fully and properly carried out by the said Organisation/ Agency/ Firm and
accordingly discharges the guarantee. Unless a demand or claim under this
32
guarantee is made in writing on or before ……………………… (date) we shall be
discharged from all liability under this guarantee thereafter.
4. We…………………………………… (Bank) further agree with the Client that
the Client shall have the fullest liberty without our consent and without effecting in
any manner obligations here under to vary any of the terms and conditions of the
said agreement or to extend time of performance by the said Consultants from time
to time or to postpone for any time or from time to time any of the powers exercisable
by the Client against the said Organisation/ Agency/ Firm and to force-bear or
enforce any of the terms and conditions relating to the said agreement and we shall
not be relieved from our liabilities by reason of any such variation or extension having
granted to the said Organisation/ Agency/ Firm for any forbearance act or
commission on the part of the Client or any indulgence by the Client of the said
Organisation/ Agency/ Firm or by any such matter or thing whatsoever which under
the law relating to sureties would, but for this provision, have effect of so relieving us.
5. We …………….. (Bank) hereby also undertake to have the signature of
Branch Manager issuing the Bank Guarantee verified from the local branch of the
bank in Madhya Pradesh.
6. We ………………… (Bank) lastly undertake not to revoke this guarantee
during its currency except with the previous consent of the Client in writing.
Dated the……………………day of…………………..20…....... at……………
WITNESS
_____________________ ________________________
(Signature) (Signature)
_____________________ ________________________
(Name) (Name)
_______________________
____________________________
_______________________
____________________________
_______________________
____________________________
Official Address & Designation
(With bank stamp)
Attorney as per Power of
Dated__________Number________