EAST DELHI MUNICIPAL CORPORATION

REQUEST FOR PROPOSAL (RFP) DOCUMENT

FOR

ENGAGEMENT OF CONSULTANT FOR REDEVELOPMENT OF MUNICIDPAL PROPERTY AT

SHASTRI PARK IN EAST DELHI

OFFICE OF EXECUTIVE ENGINEER (PROJECT)-II SHAHDARA NORTH ZONE

USMAN PUR, MUNICIPAL FLAT, COMPLEX SHAHDARA DELHI

Contents Sr.No. Description Page No. 1 Invitation for RFP 1 2 1.1 Notice 2 3 1.2 Critical Information 2 4 1.3 DEFINITIONS 3 5 1.4 Project Background 3 6 1.5 Objectives of the Scheme 4 7 1.6 Scope of Work 4 8 1.7 Time Line 5 9 1.8 Deliverable 5 10 1.9 Terms of payment 6 11 1.10 Technical Qualification Criteria 6 12 1.11 Evaluation of Bids 7 13 1.12 Withdrawal of applications 8 14 1.13 Earnest Money Deposit (EMD) 8 15 2.0 General Terms & Conditions of Work 9 16 2.1 Performance Bank Guarantee 9 17 2.2 Liquidated Damages 9 18 2.3 Right to Accept/Reject any or all Applications 9 19 2.4 Jurisdiction 9 20 3. Instruction to Bidders 10 21 3.1 Submission of Bid 10 22 3.2 Validity of proposals submitted 10 23 3.3 Clarification on proposals submitted 10 24 3.4 Conflict of Interest 11 25 3.5 Fraud and Corruption 11 26 3.6 Application 12 27 3.7 Relationship between the Parties 12 28 3.8 Standards of Performance 12 29 3.9 Consultant’s Downstream Business Interest 12 30 3.10 Performance Assessment 12 31 3.11 Disqualification 13 32 3.12 Termination 13 33 3.13 Termination for Insolvency, Dissolution etc. 13 34 3.14 Termination for convenience 13 35 3.15 Amendments to RFP Document 14 36 3.16 Confidentiality 14 37 3.17 Proposed form of Contract Agreement 14 38 3.17.1 Deliverables 14 39 3.17.2 Payment Terms and Schedule 14 40 3.17.3 Other Conditions 14 41 3.17.4 Progress of the Project 15 42 3.17.5 Confidentiality 15 43 3.17.6 Force Majeure 16 44 3.17.7 Arbitration 16 45 3.17.8 Applicable Law 16

46 3.17.9 Refund of Earnest Money 16 47 3.17.10 Forfeiture of Earnest Money Deposit / Bank Guarantee 17 48 3.18 Disclaimer 17 49 4.0 Technical Proposal 17 50 5.0 Financial Proposal 17 51 6.0 Formats 18 52 Intent of proposal 19 53 Annexure-I 20 54 Annexure-II 21 55 Annexure-III 22 56 Annexure-IV 23

EAST DELHI MUNICIPAL CORPORATION

OFFICE OF THE EX. ENGINEER (PROJECT)-II USMANPUR STAFF QTRS. COMPLEX

DELHI

No. Dated:

NOTICE INVITING TENDER

Last Date of download /issue of tenders : 08.08.2012 upto 2.00 PM

Pre-Bid conference : 13.08.2012 at 2.00 PM

Last date of Receipt of tender : 23.08.2012 upto 3.00 PM

Opening of technical bid : 23.08.2012 at 3.15 PM

1.1 Sealed Tender are hereby invited from the bidders on behalf of the Commissioner, EDMC

(hereinafter called the EDMC) for providing Consultancy services in accordance with the

instruction to tenderers and conditions of contract as per details given below:-

Tender No. Description of work

NIT No. 03/EE(Pr.)-II/SHN Engagement Of Consultant For Redevelopment Of Municipal Property at Shastri Park, East Delhi

1.2 The works envisaged under this contract are required to be completed in all respects within the

period mentioned in documents and in accordance with the scope of work.

1.3 Tender documents consisting of Notice Inviting Tender, Instructions to tenderers, conditions of

the contract, drawings and other necessary documents will be sold on payment of non-

refundable fee of Rs. 1000/- on the submission of a written application upto 2:00 PM on

08.08.2012 from the office of the undersigned.

1.4 Tenders will be received in sealed covers as prescribed hereinafter in the office of the

undersigned on 23.08.2012 upto 3:00PM and shall be opened at 3.15PM on the same day in the

presence of those tenderers who may wish to attend. If such last date is declared as public

holiday, the next official working day shall be deemed as the last date for submission and

opening of tenders.

1.5 Professional Service Tax/Work Contract Tax/ Income Tax/ any other tax payable to EDMC in force

will be deducted at source from the bills of contractor.

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1.6 This notice inviting tender along with the instructions to tenderer, the contract conditions and

other details as contained in tender documents shall also from part of the contract agreement.

Ex. Engineer (Pr.)-II

Shah. (North), EDMC Distributions to:

All the bidders. 1.1 Notice

i) This RFP document is for the engagement of consultant for conceptual, designing & financial analysis of the Municipal Property at Shastri Park, in East Delhi measuring 1.50 Hectares (Approx.),presently being used for a Storm water pumping station having sump well, pump room, generator room and office etc. in addition to this strip of land along GT Road right from the pump house to turning of Red Light on Eastern Approach road to ISBT Bridge measuring around 5-7 acres along with the other side of Shastri Park Pusta towards old Yamuna Bridge a small strip of land (approximately 2000 sqm.)..

ii) Interested Consultant Firms/agencies are advised to study this RFP document carefully before submitting their proposals in response to the RFP Notice. Submission of a proposal in response to this notice shall be deemed to have been done after careful study and examination of this document with full understanding of its terms, conditions and implications.

iii) All proposals submitted in response to this RFP document must be accompanied by an earnest money in the shape of bank draft amounting to Rs. 10,000/- in favour of Commissioner, EDMC.

iv) Any subsequent clarification can be sought from the office of Superintending Engineer (Project), Udyog Sadan, Patparganj Industrial Area, Delhi Ph:9717788001, email: arunkmcd@gmail.com

v) This RFP document is not transferable. 1.2 Critical Information

EVENT DATE

Availability of RFP document at EDMC Web Site www.mcdonline.gov.in Site & 20.7.2012 to 08.8.2012

http://mcdetenders.com

Pre bid Conference 13.08.2012 at 2.00 P.M. in Conference Room

Ist Floor, Udyog Sadan, Patparganj Industrial

Area. Delhi

Last date for issue of addendum to RFP 16.08.2012 Document

Last date and time for submission of 23.08.2012 at 03.00 P.M. completed RFP document

Opening of RFP 23.08.2012 at 03.15 P.M. in Conference Room Udyog Sadan, Patparganj Industrial Area. Delhi

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The RFP document containing the details regarding the scope of work, prescribed

performa and documents have to be submitted before the date and time of submission along

with the prescribed fee at the following address:- OFFICE OF EXECUTIVE ENGINEER (PROJECT-II)

SHAHDARA NORTH ZONE

USMANPUR MUNICIPAL FLAT COMPLEX

SHAHDARA DELHI

1.3 DEFINITIONS “Applicant” means a reputed national firms/Agency/Company/Organization(s) or individuals

having the requisite experience who has downloaded the RFP document from the website of

EDMC and applied for the same.

“Application” means the completed RFP submitted by an Applicant interested in the Project in

the prescribed format.

“EDMC means East Delhi Municipal Corporation

“PPP” means Public- Private Partnership

“RFP” means Request for Proposal.

“LOA” means Letter of Acceptance

“Consultant” means the individual/firm/Agency/Company selected from the applicants and

appointed to handle the consultancy assignment. 1.4 Project Background The scheme aims to develop the infrastructure at shastri park marginal bund pumping station land and adjoining land parcels to provide adequate office space. In addition, a significant focus of the scheme is to generate the revenue for EDMC.

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1.5 Objectives of the Scheme:- EDMC has approximately 1.5 acres of land at the intersection of Old G.T. road and Shastri Park, Marginal Bund which is presently being utilized for a storm water pumping station having sump well, pumps room , generators room and office etc. In addition to this a strip of land along G.T. Road right from the pump house up to turning to Red Light on Eastern approach road to ISBT Bridge measuring around 5-7 acres along with on the other side of Shastri Park Pusta towards old Yamuna Bridge a small strip of land (Approximately 2000 sqm.) is also in possession of EDMC. EDMC intents to utilize these land parcels for development of office complex cum institutions, parking, waste management facilities incorporating the existing attributes of pumping stations and other uses. 1.6 Scope of Work:- The Scope of work is to provide consultancy services that includes:- i) Detailed Site & Location Analysis to understand the dynamics of the site with regard to

surrounding developments and infrastructure provisions. The location shall be evaluated for the envisaged development by determining the accessibility, linkages, infrastructure adequacy and image hierarchy etc.

ii) Preparation of inception report.

iii) Detailed survey plan of land and existing structure on the said plot under reference in EDMC and its analysis of optimum use perception studies of prominent developers and operators in different real estate segments regarding the subject site and envisaged development. Inputs shall be ascertained regarding the product mix, price, amenities, positioning, etc. from the perspective of potential operators.

iv) Conception Plan showing permissible as well as proposed land use, other development

control norms as per the provisions of MPD 2021.

v) Proposal preparation and processed management for assest to funds from Government or Multilateral Agencies.

vi) Detailed Feasibility Report this will included undertaking Techno Commercial Feasibility Studies, Financial Modeling and Engineering, Risk Management Plan, Environmental and Social Impact Assessments, Design of appropriate Contractual and Regulatory Structures, management of the Government approval process at the state and Central Government etc. as well as scheme to generate the revenue from the said project.

vii) Proposed plans for different proposed uses in different Blocks/Segments with permissible & proposed ground coverage, FAR, number of stories for office complex cum institutions, parking, waste management facilities incorporating the existing attributes of pumping stations and other uses.

viii) Preliminary Project Cost. ix) Assessment of the financial viability of the project including generation of revenue for

EDMC.

x) Detailed report regarding availability of services like water, electricity , sewer etc, and future requirement , proposed action plan on the same.

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xi) Detailed action plan including the financial impact, the time line and preferred bidding options including detail of different milestone for the project with respect to the time frame , financial impacts etc,.

xii) Detailed analysis of various project including related risk parameters. xiii) Detailed project report for seeking approvals and providing assistance in obtaining the

same from different Govt. Agencies.

xiv) Any other report required by EDMC not specifically mentioned above but incidental to this project.

1.7 Time Line :-

The consultant should submit his reports as per following schedule.

Desire Report Time Frame Inception Report 3 weeks Preliminary Report including perception studies

10 weeks

Financial Model 3 weeks Draft Final Report 5 weeks Final Report 5 weeks

1.8 Deliverable:- Draft report and final project reports along with appropriately modified scheme comprising of – a) Inception Report including Detailed Site & Location Analysis to understand the dynamics of the site with regard to surrounding developments and infrastructure provisions. The location shall be evaluated for the envisaged development by determining the accessibility, linkages, infrastructure adequacy and image hierarchy etc. b) Detailed survey plan of land and existing structure on the said plot under reference in EDMC and its analysis of optimum use perception studies of prominent developers and operators in different real estate segments regarding the subject site and envisaged development. Inputs shall be ascertained regarding the product mix, price, amenities, positioning, etc. from the perspective of potential operators. c) Detailed Feasibility Report this will included undertaking Techno Commercial Feasibility Studies, Financial Modeling and Engineering, Risk Management Plan, Environmental and Social Impact Assessments, Design of appropriate Contractual and Regulatory Structures, management of the Government approval process at the state and Central Government etc. as well as scheme to generate the revenue from the said project. d) Conception Plan showing permissible as well as proposed land use, other development control norms as per the provisions of MPD 2021.

e) Proposed plans for different proposed uses in different Blocks/Segments with permissible & proposed ground coverage, FAR, number of stories for office complex cum institutions, parking, waste management facilities incorporating the existing attributes of pumping stations and other uses.

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f) Detailed report regarding availability of services like water, electricity , sewer etc, and future requirement , proposed action plan on the same

g) Preliminary cost of project with different proposals.

Following reports/ details

Inception Report Preliminary Report including perception studies Financial Model Draft Final Report Final Report

h) Assessment of the financial viability of the project including generation of revenue for

EDMC. i) Detailed action plan including the financial impact, the time line and preferred bidding

options including detail of different milestone for the project with respect to the time frame , financial impacts etc,.

j) Detailed project report for seeking approvals and providing assistance in obtaining the

same. k) Any other report required by EDMC not specifically mentioned here in above but

incidental to this project. 1.9 Terms of payment :-

No advance payment of fee shall be made. Payment schedule will be as follows:

Payment after submission of following Payment Mode Inception Report 5 % Preliminary Report including perception studies

20%

Financial Model 20% Draft Final Report 20% Final Report 15 %

Final 20% payment will be made after approval of the project from competent authorities. 1.10 Technical Qualification Criteria:-

1. Registered company/firm incorporated under the Indian Companies/Society Act, 1956 and have been in existence for a period of at least 3 years as of 30.06.2012.

2. The bidder should have valid Service Tax registration in India.

3. The bidder should have an average turnover of Rs. 1 Crore. During the last 3 financial years (2008-09, 2009-10 & 2010-11). The turnover should not include transactions with its subsidiary.

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4. Persons/concerns having proven expertise in identical or similar successful projects shall

be given due weight-age. 5. The bidder should have ISO 9000 certification or must have implemented any other

Internal Quality System with defined quality policy and Standard Operating Procedures.

6. The bidder should have an employee base of at least 50 full time professionals on the roll of the company.

7. The bidder should have completed or currently executing at least two similar projects for consulting value of over Rs. 40 lakhs each in the last three years.

8. The consultant must be well versed with the Central government’s financial rules (GFR) and procedures.

9. The Consultant should have its office in Delhi

10. The firm should be in existence for the last three years.

11. The firm should have a solvency of the amount equal to Rs. 60.00 lacs (attach certificate).

12. Earnest money in the shape of bank draft/bank guarantee amounting to Rs10,000/- in favor of Commissioner, EDMC.

1.11 Evaluation of Bids:-

(i) The evaluation of the proposals shall be carried out in two stages: At the first stage,

evaluation of technical proposals will be taken up. Proposals without earnest money (bid security), unsigned, having cutting without signature of applicant filling bid and incomplete (i.e. when the required bid formats have not been submitted), not responding to the TOR fully and properly and those with lesser validity than that prescribed in the RFP will be summarily rejected as being non-responsive, before taking up the appraisal of the technical proposal for evaluation of quality. The technical evaluation will be based on the following criterion :-

S.No. Criteria Points

1 Experience of the firm in general consultancy (number of projects ) 30

2 Methodology, work plan, and understanding of TOR 35

3 Suitability of key personnel for the assignment 35 The minimum qualifying marks for the quality of technical proposal will be 60 out of a total of 100 marks as shown above. For evaluation of experience minimum number of projects executed in last three years 50% marks will be allotted and 100% marks will be given to the bidder having maximum number of projects executed during last seven years. In between the maximum and minimum, the marks allocation will be done on pro rata basis.

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(ii) The financial evaluation would be done for only those proposals which qualify technically with 60% score. The financial evaluation would be based on the total cost to the department which shall include the cost of carrying out all the services as well as those taxes, duties, fees, levies and any other charges.

(iii) The lowest financial proposal (FPMin/FP) will be given a score of 100 points. The

financial scores of the other financial proposals (SF) will be calculated as: SF = 100 x FPMin/FP, SF = Financial score of proposal under consideration, FPMin = Price of lowest financial proposal, FP = Price of the proposal under consideration

(iv) The Technical and Financial proposals will be given 70 : 30 weightage. (v) Proposals will be ranked according to their combined technical and financial scores using the weights mentioned above

S = ST x 0.7 + SF x 0.3 Where , S = Final combined score, ST = Technical score, SF = Financial score

(vi) The applicant achieving the highest combined technical and financial scores would be considered for award of consultancy contract.

(vii) Without prejudice to the above, in order to assist in the evaluation of applications, EDMC may, at its sole discretion, ask any Applicant for any clarification on its Application which shall be submitted within a stated reasonable period of time as decided by EDMC. Any request for clarification and all clarifications shall be in writing with in said prescribed period. If an Applicant does not provide clarifications requested by the date and time set by the EDMC request for clarification, its Application is liable to be rejected. 1.12 Withdrawal of applications:

(i) No modification or substitution of the submitted application shall be allowed. (ii) An Applicant may withdraw its Application after submission, provided that written

notice of the withdrawal is received by EDMC before the due date for submission of Applications. In case an applicant wants to resubmit his application, he shall submit a fresh application following all the applicable conditions.

(iii) The withdrawal notice shall be prepared in Original only and each page of the notice shall be signed and stamped by authorized signatories. The copy of the notice shall be duly marked “WITHDRAWAL”.

1.13 Earnest Money Deposit (EMD)

The Application shall accompany a demand draft of Rupees Ten thousand towards earnest money deposit drawn on any scheduled bank in favor of the Pay and Accounts Officer, Department of Industrial Policy and Promotion payable at New Delhi. The EMD of applicants not selected for the consultancy contract shall be returned/refunded in due course. The EMD of the successful bidder in the event of default will be forfeited.

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2.0 General Terms & Conditions of Work (i) At the commencement of the consultancy contract, the organization is required to

maintain the same team/individual till the completion of the Project. In the event of one of the members of the team leaving the consultant/ consulting organization, a professional with identical/ similar profile is required to be deputed with prior consent of EDMC. All related events shall be reported to the department prior to any decision being taken by the consultant.

(ii) No other charges shall be incurred by the department other than those specified herein and the party shall be responsible for insurance and any other statutory requirements of the personnel deputed carrying out the activities to accomplish the objective & scope of the project under reference or EDMC.

(iii) Payment shall be released subject to acceptance of deliverables & certification of milestones as per the deliverables by the designated officials of EDMC.

(iv) The Applicant organization should give the commercial terms without any price in the technical bid. The financial Bid should have the total price of the bid inclusive of all applicable taxes. No other payment will be considered if not mentioned in the financial bid. No subjective condition will be accepted in the financial bid. Such conditions, if any, may be highlighted in the technical bid under “Exceptions”.

(v) The decision of the Competent Authority of EDMC will be final in selecting the consultancy firm/organization(s)/individuals and no further queries will be entertained.

2.1 Performance Bank Guarantee : The applicant who has been awarded the contract shall furnish a performance bank guarantee to the tune of 5% of the fees including expenses agreed to be paid to handle the consultancy assignment. The performance bank guarantee shall be made on a scheduled bank. The EMD of the selected applicant will be refunded and performance bank guarantee discharged on submission of the final duly accepted report complete in all respects. 2.2 Liquidated Damages : If the selected consultant fails to complete the assignment within the period specified under the Agreement, the consultant shall pay to the client, fixed and agreed liquidated damages, and not as penalty, @ 1% of the contract fees for each week of delay. The aggregate maximum of liquidated damages payable to the client under this clause shall be subject to a maximum of 10% of the total contract fees. 2.3 Right to Accept/Reject any or all Applications EDMC reserves the right to accept or reject any or all Applications and to annul the qualification process at any time without any liability or any obligation for such acceptance, rejection or annulment, without assigning any reasons.

2.4 Jurisdiction The disputes, if any, arising between the consultant and EDMC shall be resolved amicably, failing which it shall be referred to an Arbitrator, mutually acceptable to both parties, appointed by the Secretary, DIPP as per the relevant provisions under Arbitration and Conciliation Act, 1996. Alternatively, this shall be subject to the exclusive jurisdiction of courts at Delhi/New Delhi.

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3. Instruction of Bidders:-

3.1 Submission of Bid The instructions for submitting proposals in response to the RFP are as under:- i. The proposals submitted in response to this RFP, and all associated

correspondence shall be written either in English or in Hindi. Any interlineations, erasures or over writings shall be valid only if they are initialed by the authorized person signing the proposal.

ii. The bids should be quoted both in figures and words and in case of any discrepancy: the bid quoted in words shall be treated as final.

iii. Proposals received by facsimile shall be treated as defective, invalid and rejected. Only detailed complete proposals received prior to the closing time and date for receipt of proposals shall be taken as valid.

iv. The proposals should be submitted under two bid system i.e. technical proposal and financial proposal separately in sealed envelopes at the same time.

v. The envelopes containing the proposals should be super scribed with “Technical Proposal – RFP for engagement of consultant for undertaking development of Property at Shastri Park and “Financial Proposal – RFP for engagement of consultant for undertaking development of Property at Shastri Park” as the case may be. The sealed envelopes containing the Technical Proposal and Financial Proposal should be placed in a larger single envelope, sealed and super scribed with “RFP for engagement of consultant for undertaking development of Property at Shastri Park. All envelopes should be addressed to the Addressee specified at (Critical information) of this RFP document and bear the name and address of the consultant submitting the proposal. DC media, enclosed if any, should not be rewriteable and must be duly signed using a permanent marker pen and should bear the name of the consultant.

vi. The proposals submitted should be concise and contain only relevant information as required under this RFP document.

vii. The proposal submitted should also be enclosed with description of resent and ongoing projects and name of client with reference addresses. Proposed approach and mythology to be adopted of proposed work.

viii. All the pages of the proposals should be signed by the authorized representative of the Consultant Firm.

ix. The technical proposals should not contain any financial information. x. The bids shall be sent by registered post or through courier service or handed over

personally to the addressee specified at 1.2 of this RFP document. xi. The Consultant/agencies submitting their proposals would be responsible for all of

its expense, costs and risks incurred towards preparation and submission of their proposals, attending any pre-bid meeting and visiting the site, regardless of the outcome of the process.

3.2 Validity of proposals submitted

The rates quoted shall remain valid till finalization of project or minimum 180 days from the last date for submission of bids prescribed in this document whichever is earlier. 3.3 Clarification on proposals submitted EDMC may, at its discretion, ask the respondents for clarifications/additional documents on their proposals which the consultants are required to respond within the time frame prescribed by EDMC.

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3.4 Conflict of Interest The consultant shall not receive any remuneration in connection with the assignment except as Provided in the Contract. The consultant and its affiliates shall not engage in consulting activities or as otherwise that conflict with the interest of the client under the contract and shall be excluded from downstream supply of goods or construction of works or purchase of any asset or provision of any other service related to the assignment other than a continuation of the “Services” under the ongoing contract. It should be the requirement of the consultancy contract that the consultants should provide professional, objective and impartial advice and at all times hold the client’s interests paramount, without any consideration for future work, and that in providing advice they avoid conflicts with other assignments and their own corporate interests. Consultants shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients, or that may place them in a position of being unable to carry out the assignment in the best interest of the Employer. Without limitation on the generality of the foregoing, consultants shall not be hired, under the circumstances set forth below:

(i) Conflict between consulting activities and procurement of goods, works or services: A firm that has been engaged to provide goods, works, or services for a project, and each of its affiliates, shall be disqualified from providing consulting services related to those goods, works or services. Conversely, a firm hired to provide consulting services for the preparation or implementation of a project, and each of its affiliates, shall be disqualified from subsequently providing goods, works or services for such preparation or implementation.

(ii) Conflict among consulting assignments: Neither consultants (including their personnel and sub-consultants) nor any of their affiliates shall be hired for any assignment that, by its nature, may be in conflict with another assignment of the consultants. As an example, consultants hired to prepare engineering design for an infrastructure project shall not be engaged to prepare an independent environmental assessment for the same project, and consultants assisting a client in the privatization on public assets shall neither purchase nor advise purchasers of, such assets. Similarly, consultants hired to prepare Terms of Reference (TOR) for an assignment shall not be hired for the assignment in question.

(iii) Relationship with EDMC Department’s staff: Consultants (including their personnel and sub-consultants) that have a business or family relationship with such member(s) of EDMC Department's staff or with the staff of the project implementing agency, who are directly or indirectly involved in any part of ; (i) the preparation of the TOR of the contract, (ii) the selection process for such contract, or (iii) supervision of such contract; may not be awarded a contract unless it is established to the complete satisfaction of the employing authority, for the reason to be recorded in writing, that such relationship would not affect the aspects of fairness and transparency in the selection process and monitoring of consultant’s work.

3.5 Fraud and Corruption It is required that the bidders submitting proposal and the consultant agency selected through this RFP must observe the highest standards of ethics during the process of selection of project consultant and during the performance and execution of contract.

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For this purpose, definition of the terms are set forth as follows: 1. “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value

to influence the action of the department or its personnel in contract executions. 2. “Fraudulent practice” means a misrepresentation of facts, in order to influence a selection

process or the execution of a contract, and includes collusive practice among bidders (prior to or after proposal submission) designed to establish proposal process at artificially high or non-competitive levels and to deprive the DEPARTMENT of the benefits of free and open competition.

3. “Unfair trade practice” means supply of services different from what is ordered on, or change in the Scope of Work.

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or execution of contract.

5. EDMC will reject a proposal for award, if it determines that the bidder recommended for award, has been determined to having been engaged in corrupt, fraudulent, or unfair trade practices.

6. EDMC will declare a consultant ineligible, either indefinitely or for a stated period of time, for awarding the contract, if it at any time determines that the consultant has engaged in corrupt, fraudulent and unfair trade practice in competing for, or in executing, the contract.

3.6 Application These general conditions shall apply to the extent that provisions in other parts of the contract do not supersede them. For interpretation of any clause in the RFP or Contract Agreement, the interpretation of EDMC shall be final and binding. 3.7 Relationship between the Parties Nothing mentioned herein shall be constructed as relationship of master and servant or of principal and agent as between EDMC and the consultant. The consultant subject to this contract for selection has complete charge of its personnel in performing the services under the project from time to time. The consultant shall be fully responsible for the services performed by it or any of its personnel on behalf of the consultant hereunder. 3.8 Standards of Performance The consultant shall perform the services and carry out its obligations under the contract with due diligence, efficiency, and economy in accordance with generally accepted professional standards and practices. The consultant shall always act in respect of any matter relating to this contract as faithful advisor to the department. The consultant shall always support and safeguard the legitimate interests of EDMC, in any dealings with the third party. The consultant shall abide by all the provisions/Acts/Rules etc. of Information Technology prevalent in the country. The consultant shall conform to the standards laid down in the RFP in totality. 3.9 Consultant’s Downstream Business Interest The consultant shall not be eligible to bid for the activities relating to the implementation of this project. Further, the consultant shall give a declaration that they do not have any interest in downstream business, which may ensure from the RFP prepared through this assignment. 3.10 Performance Assessment

1. This RFP is for selection of the consultants for execution of the assignments under the RFP from time to time. If during execution of the contract, following problems are found, then a penalty of 0.5% of the contract value per week (subject to maximum of 10%) may be imposed by EDMC

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a) Quality of deliverable is not up to the mark, (till the quality is improved to the required extent).

b) Delays in deliverables. c) Not assigning adequate resources in time. d) Not deploying resources on a dedicated basis, when required. e) Assigning resources that do not meet EDMC’s requirements. f) Inadequate interaction with EDMC. g) The work is either not complete or not completed satisfactorily as per the approved time

schedule or the quality of deliverable.

2. If the delay is beyond 10 weeks then EDMC may rescind the Contract and shall be free to get it done from some other source at the risk and costs of the consultant. The consultant may be debarred for applying in future project consultancy assignments in EDMC..

3.11 Disqualification EDMC may at its sole discretion and at any time during the evaluation of proposal disqualify any respondent, if the consultant

(i) Submitted proposals with conditions (ii) Submitted proposals after the response deadline. (iii) Made misleading or false representation in the forms, statements and attachments

submitted in proof of the eligibility requirements. (iv) Submitted a proposal that is not accompanied by required documentation or is non-

responsive. (v) Exhibited a record of poor performance such as abandoning works, not properly

completing the contractual obligations, inordinately delaying completion or financial failures, etc. in any project in the preceding three years.

(vi) Failed to provide clarifications related thereto, when sought. (vii) Submitted more than one proposal. (viii) Was declared ineligible by the Government of India/State/UT Government/ULBs/ PSUs

for corrupt and fraudulent practices. (ix) The bid documents are sent electronically.

3.12 Termination The contract can generally be terminated if:

a) The term of Contract expires b) Non-performance during the execution of project c) Performance is below expected level. d) Non adherence to the timelines of the project. e) Quality of work is not satisfactory.

3.13 Termination for Insolvency, Dissolution etc. EDMC may at any time terminate the contract by giving written notice to the consultant, if the consultant becomes bankrupt or otherwise insolvent or in case of dissolution of consultant/company or winding up of firm/company. In this event termination will be without compensation to the consultant, provided that such termination will not prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to EDMC. 3.14 Termination for convenience EDMC reserves the right to terminate, by prior written notice, the whole or part of the contract, at any time for its convenience. The notice of termination shall specify that mination is for DEMC’s convenience, the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective.

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3.15 Amendments to RFP Document At any time prior to deadline for submission of proposals, EDMC may for any reason, modify the RFP document. All the consultants who received the RFP document shall be intimated of the amendments and such amendments shall be binding on them. 3.16 Confidentiality Information relating to the examination, clarification, comparison and evaluation of the proposals submitted shall not be disclosed to any of the responding consultants or their representatives or to any other persons not officially concerned with such process until the selection process is over. The undue use by any responding form of confidential information related to the process may result in rejection of its proposals. 3.17 Proposed form of Contract Agreement The operating clauses would emerge from the technical and financial processes finalized with the firm selected for the project. In addition, the empanelment contract will inter-alia include the following terms: 3.17.1 Deliverables The Deliverables of the project would be as per details given in the Deliverables of this document. The final list of Deliverables would be finalized during contract negotiation with the selected consultant. 3.17.2 Payment Terms and Schedule The schedule of payment is as provided in this RFP Document. A bill in triplicate shall be submitted as per the schedule mentioned in the RFP. 3.17.3 Other Conditions i) The earnest money of the successful bidder shall be refunded after the successful

completion of the work. ii) The firm shall furnish a Performance Security in favor of Commissioner, EDMC, for 10%

of the bid amount which is liable to be encashed in case of breach of terms and conditions of the Agreement. The Performance Security should remain valid for a period of 60 days beyond the date of completion.

iii) In case of failure to complete the work within the specific period (including extension of

time, if any granted) or violation of any terms and conditions, EDMC shall be at liberty to cancel the contract and forfeit the performance guarantee and the firm shall also be liable to refund all the payment made to it along with interest thereon to be decided by Arbitrator.

iv) In case of any force majeure, the selected firm shall inform in writing explaining the cause

and seek the extension in executing the work. v) The decision of the Commissioner, EDMC is final in awarding the contracts.

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vi) No TA/DA shall be claimed by the representative/workers of selected firm and the firm has to arrange for boarding and lodging of their employees.

vii) The end product of the work assignment carried out by the Consulting Firm, in any form,

will be the sole property of EDMC. viii) The Consulting Firm shall not outsource the work to any other associate/franchisee/third

party under any circumstances without the prior approval of EDMC. ix) The Firm shall perform the services and carry out its obligations under the contract with

due diligence and efficiently, in accordance with generally accepted techniques and practices used in the industry and with professional engineering and training/consulting standard recognized by national/international professional bodies and shall observe sound management practice. It shall employee appropriate advanced technology and safe and effective methods. The Firm shall always act, in respect of any matter relating to this Contract, as faithful advisors to EDMC and shall at all times, support and safeguard EDMC’s legitimate interests.

x) The Firm automatically agrees with EDMC for honoring all aspects of fair trade practices

in executing the work orders placed by EDMC. xi) In the event the Firm is taken over/bought over by another company, all the obligations

under the agreement with EDMC, should be passed on to the new company for compliance by the negotiation for their transfer.

3.17.4 Progress of the Project Progress of the project will be intimated in writing to EDMC periodically the period that will be decided with mutual agreement. 3.17.5 Confidentiality 3.17.5.1 Neither party will disclose to any third party without the prior written consent of

the other party any confidential information which is received from the other party for the purposes of providing or receiving Services which if disclosed in tangible form is marked confidential or if disclosed otherwise is confirmed in writing as being confidential or if disclosed in tangible form or otherwise, is manifestly confidential. Each party will take measures to project the confidential information of the other party that, in the aggregate are no less protective than those measures it uses to protect the confidentiality of its own comparable confidential information, and in any event, not less than a reasonable degree of protection. Both parties agree that any confidential information received from the other party shall only be used for the purposes of providing or receiving Services under this contract or any other contract between the parties

These restrictions will not apply to any information which:

a) Is or becomes generally available to the public other than as a result of a breach of an obligation under this clause; or

b) Is acquired from a third party who owes no obligation of confidentiality in respect of the information; or

c) Is or has been independently developed by this recipient or was known to it prior to receipt

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3.17.5.2 Notwithstanding clause (a) mentioned above, either party will be entitled to disclose confidential information of the other (1) to its respective insurers or legal advisors, or (2) to a third party to the extend that this is required by any or where there is a legal right. Duty or requirement to disclose, provided that in the case of sub-clause(ii) (and without branching any legal or regulatory requirement) where reasonably practicable not less than 2 business days notice in writing is first given to the other party.

3.17.6 Force Majeure 3.17.6.1 Force majeure clause shall mean and be limited to the following in the execution

of the contract placed by EDMC: (i) War/hostilities (ii) Riot or Civil commotion (iii) Earth quake, flood, tempest, lightning or other natural physical disaster (iv) Restriction imposed by the Government or other statutory bodies, which is beyond the

control of the Firm, which prevent or delay the executive of the order by the Firm. 3.17.6.2 The Firm shall advice EDMC in writing, the beginning and the end of the above

causes of delay, within seven days of the occurrence and cessation of the force majeure conditions. In the event of a delay lasting for more than one month, if arising out of clauses of force majeure, EDMC reserve the right to cancel the contract without any obligation to compensate the Firm in any manner for what so ever reason, subject to the provision of clause mentioned.

3.17.7 Arbitration 3.17.7.1 In the event of any dispute or differences arising under these conditions or any

special conditions of the contract in connection with this contract, the same shall be referred to Commissioner, EDMC for final decision and the same shall be binding on all parties.

3.17.7.2 Any other terms and conditions, mutually agreed prior to finalization of the order/agreement shall be binding on the Firm.

3.17.7.3 EDMC and the Firm shall make every effort to resolve amicably by direct negotiation any disagreement or dispute arising between them. If any dispute shall arise between parties on aspects not covered by this agreement, or the construction or operation thereof, or the rights, duties or liabilities under these except as to any matters the decision of which is specially provided for by the general or the special conditions, such dispute shall be referred to two arbitrators, one to be appointed by each party and the said arbitrators shall appoint an umpire in writing before entering on the reference and the award of the arbitration or umpire, as the case may be, shall be final and binding on both the parties. The arbitrators or the umpire as the case may be, with the consent of parties, may modify the timeframe for making and publishing the award. Such arbitration shall be governed in all respects by the provision of the Indian Arbitration and Conciliation Act, 1996 or later and the rules there under and any statutory modification or reenactment, thereof. The arbitration proceedings shall be held in New Delhi, India. 3.17.8 Applicable Law The contract shall be governed by the laws and procedures established by Government of India, within the framework of applicable legislation and enactment made from time to time. 3.17.9 Refund of Earnest Money The Earnest Money Deposit (EMD) will be refunded as follows.

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a. In the case of those bidders whose technical bids do not qualify, the EMD will be refunded without any interest accrued after the acceptance of TEC (Technical Evaluation Committee)’s recommendations.

b. In the case of those bidders who are technically qualified but unsuccessful in financial bid, the EMD will be refunded without any interest accrued after the acceptance of Evaluation Committee’s recommendations.

c. The earnest money of the successful bidder shall be refunded the successful completion of the work.

3.17.10 Forfeiture of Earnest Money Deposit / Bank Guarantee The EMD/BG submitted can be forfeited if a Bidder

a. Withdraws its bid during the period of bid validity. b. Does not accept the correction of errors. c. In case of the successful Bidder, if the Bidder fails to sign the Contract within the time

stipulated by EDMC. d. The successful bidder refuses to take up the job.

Any subsequent clarification can be sought from the office of ________________ 3.18 Disclaimer Proposals received late will not be considered and will be returned unopened to the respondents. EDMC reserves right to:

a) Reject any/all proposals without assigning any reasons thereof b) Relax or waive any of the conditions stipulated in this RFP document as deemed

necessary in the best interest of EDMC and the objective of the scheme without assigning any reasons thereof and

c) Include any other item in the Scope of Work at any time after consultation in the pre-bid meeting or otherwise.

4.0 Technical Proposal:- The “Technical Proposal” should furnish the following information :- 1. Brief profile of the organization/firm, (as per Annexure I). 2. Relevant experience of conducting similar Task (as per Annexure II). The consultants should

have experience of providing consultancy for project development minimum 3 Government/PSU projects. The applicants are required to provide proof of award of the contract and completion certificate.

3. Brief CVs of the professional who will be engaged for carrying out the project (as per Annexure III).

The suitability of organization/consultant for undertaking the job will be decided on the basis of overall capacity of the organization and relevant experience in similar field and capabilities and experience of professionals selected for taking up the task.

5.0 Financial Proposal:-

The Financial Proposal as per proforma at Annexure IV, should be lump sum professional fee inclusive of all expenses and taxes. Financial bids of only those consultants shall be opened whose technical proposals fulfill the requirements stipulated in the TOR and are adjudged to be capable of undertaking the current project.

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6.0 Formats 6.1 Notice of intent to submit proposal in response to RFP. 6.2 Formats for Technical Proposal 6.3 Format for Financial Proposal (To be submitted on the letter head of the responding Consultant)

Letter No. Dated : To, ________________________ Sub : Submission of proposals in response to the RFP for engagement of consultant for undertaking development of Property at Shastri Park, Shahdara North Zone, East Delhi. Dear Sir,

Having examined the RFP document, we, the undersigned, herewith submit our proposal in response to your RFP provided vide No. _____________________ dated ___________ for engagement of Consultant for undertaking development of Property at Shastri Park in full conformity with the said RFP document. We have read the provisions of the RFP document and confirm that these are acceptable to us. We further declare that additional conditions, variations, deviations, if any, found in our proposals shall not be given effect to.

We agree to abide by this proposal, consisting of this letter, the detailed response to the RFP and all attachments, for a period of three year or till completion of the project from the closing date fixed for submission of proposals as stipulated in the RFP document.

The earnest money submitted in the form of ____________ may be encashed if we do not take up the work of consultant for undertaking development of Property at Shastri Park, on our firm being selected.

We would like to declare that we are not involved in any major litigation that may have an impact of affecting or compromising the delivery of services as required under this assignment and we are not under a declaration of ineligibility for corrupt or fraudulent practices.

We hereby declare that all the information and statements made in this proposals are true and accept that any misrepresentation contained in may lead to our disqualification.

Our correspondence details with regard to this proposal are: 18

Sr.No. Information Details 1 Name of Firm

2 Address of Firm

3 Name, designation, address, telephone numbers, Fax and email address of the contract person to whom all references shall be made regarding this RFP

We hereby declare that our proposal submitted in response to this RFP is made in

good faith and the information contained is true and correct to the best of our knowledge and belief.

Sincerely, Signature Name Designation

[FIRM’S NAME] Date : Place :

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SECTION-II (PROFORMA)

Annexure I

GENERAL INFORMATION 1. Name of the firm: …………………………………………………………

(Attach an attested photocopy of Certificate of Registration.) 2. Legal Status of the Firm: Individual/Association/Joint Venture/ 3. Registered Address, telephone, Tele-fax.

………………………………………………………………

………………………………………………………………

………………………………………………………………. 4. Contact Person, Designation and Address including email ID

…………………………………………………………………

………………………………………………………………….

…………………………………………………………………. 5. Length of experience in the field of conducting concurrent evaluation of

schemes/projects 6. Names and Addresses of Associated Companies to be involved in the Project and

whether Parent/Subsidiary/others. (The relationship to be indicated) 7. In case the company is subsidiary, the involvement, if any, of the Parent Company in

the project: 8. State whether the in-house expertise is available for all services/sub-systems. If not,

details of sub-consultants to be involved in the project. 9. Was the applicant ever required to suspend a project for a period of more than six

months continuously after commencement? 10. Has the applicant or any constituent partner in case of partnership firm, ever been

debarred/black listed for competing in any organization at any time? If so, give details 11. Has the applicant or any constituent partner in case of partnership firm, ever been

convicted?

Signature of the Bidder/Authorized representativ 20

Annexure II Form T-II

NUMBER AND DETAILS OF PROJECTS FOR WHICH COMPREHENSIVE CONSULTANCY WAS PROVIDED IN THE LAST SEVEN YEARS

A) General Projects:

Sl. Name Name Details of the Nature of Year of Litigation/ No. and and Project consultancy Start & Arbitration, if any location Address work with Completion with details of the of the Specific of the Project Client Area Project highlighted

Built Cost*

up area

*Value of the work for which services were provided by the consultant only need to be provided.

The applicants are required to provide Proof of award of work & completion certificate.

B) Institutions under Government

Sl. Name Name Details of the Nature of Year of Litigation/ No. and and Project consultancy Start & Arbitration, if any location Address work with Completion with details of the of the Specific of the Project Client Area Project highlighted

Built Cost*

up area

• Value of the work for which services were provided by the consultant only need to be provided.

• The applicants are required to provide Proof of award of work & completion certificate.

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Annexure III CVs OF KEY STAFF

1. Name of the Staff :

2. Designation :

3.

Name and address of the firm

Presently employed, if any :

4. Years with the firm :

5.

Position in the Proposed project

(describe degree of responsibility also) :

6. Qualifications (Technical and General) :

7. Membership in professional bodies :

8.

Experience and Training (Relevant in the context of assignment) :

9. Employment record : Name of the Firm Position Held Year of Employment

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Annexure IV

FORMAT FOR FINANCIAL OFFER

We agree to undertake the consultancy assignment as per the terms and conditions of the RFP document for which our fees are: …………………………………………………………………… Details Amount …………………………………………………………………… Consultancy fees inclusive of all related expenses like travel, information collection, research, documentation etc. (Inclusive of all applicable taxes) Rs. ……….. (Rupees …………………………………………………) inclusive of all applicable taxes. Seal of the firm/company…………………… The break-up of the total amount of consultancy fee is as under:- (i) Remuneration paid to staff – Rs……….......

Sr.No. Type of manpower Manmonth Monthly

Remuneration Amount

1. …

(ii) Stationeries and printing expenses – Rs. …………… (iii) Traveling expenses- Rs………………..

(iv) Tools, plants, hardware & software etc. expenses- Rs………………. (v) Taxes, if any- Rs………………… (vi) Miscellaneous office expenses– Rs…………………

Total (i+ii+iii+iv+v+vi) Rs. ……………………

Signature of the bidder/Authorized representative

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