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REQUEST FOR PROPOSAL (RFP)

For engagement of Agency to obtain Forest Clearance Approval under Forest

Conservation Act, 1980 from Ministry of Environment & Forest, Govt. of India

(GOI) , for Proposed Multi-Storeyed Parking Complex between Tennis Court and

HRDC Building in H.P. University, Shimla-5 and Approval of Map from Municipal

Corporation, Shimla.

HHiimmaacchhaall PPrraaddeesshh UUnniivveerrssiittyy

((NNAAAACC AAccccrreeddiitteedd ‘‘AA’’ GGrraaddee UUnniivveerrssiittyy)) GGyyaann--PPaatthh,, SSuummmmeerr--HHiillll,, SShhiimmllaa--117711 000055

Fax No- 0177-2830912 Phone No- 0177-2830912 Email- registrar@hpuniv.ac.in

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DEFINITIONS:-

1) “Application” shall mean the response submitted by the eligible

Consultants Firms.

2) “RFP” shall mean the request for proposal submitted by the applicant

in response to this document.

3) “Applicant (s)” shall mean all eligible Consultant Firms pursuant to

and in accordance with the terms and conditions of the Request for

Proposal (RFP).

4) “Client” shall mean Himachal Pradesh University, Shimla.

5) “Consultant Firm” shall have the same meaning as bidding and

successful applicant and with whom the Contract Agreement is to be

signed.

6) “LOA” letter of award shall mean the letter issued by HPU to the

successful applicant inviting him to sign the Contract Agreement.

7) “Contract Agreement” shall mean that agreement to be signed

between the Consultant Firm and HPU for this Job.

8) “Performance Security” shall mean bank Guarantee @ 5% of the

Contract Amount.

9) “Site” shall mean the place where the location of the proposal for

which the services are sought as mentioned under the scope of work.

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DISCLAIMER

The information contained in this RFP document or subsequently provided to Applicants, whether verbally or in documentary or any other form by or on behalf of H.P University or any of its employees or advisers, is provided to Applicants on the terms and conditions set out in this RFP and such other terms and conditions subject to which such information is provided.

This RFP is not an agreement or an offer by the H.P University to the prospective Applicants or any other person. The purpose of this RFP is to provide interested parties with information that may be useful to them in the formulation of their Proposals pursuant to this RFP. This RFP includes statements, which reflect various assumptions and assessments arrived at by the H.P University in relation to the Firm. Such assumptions, assessments and statements do not purport to contain at the information that each Applicant may require. This RFP may not be appropriate for all persons, and it is not possible for the H.P University, Its employees or advisers to consider the objectives, technical expertise and particular needs of each party who reads or uses this RFP. The assumptions, assessments, statements and information contained in this RFP, may not be complete, accurate, adequate or correct. Each Applicant should, therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments and information contained in this RFP and obtain independent advice from appropriate sources.

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

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

The H.P University also accepts no liability of any nature whether resulting from negligence or otherwise however caused arising from reliance of any Applicant upon the statements contained in this RFP. The H.P University may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or assumption contained in this RFP.

The issue of this RFP does not imply that the H.P University is bound to select an Applicant or to appoint the Selected Applicant, as the case may be, for the Firm and the H.P University reserves the right to reject all or any of the Proposals without assigning any reasons what so ever and cancel the entire bidding process.

The Applicant shall be at all its costs associated with or relating to the preparation and submission of its Proposal including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by the H.P University or any other costs incurred in connection with or relating to its Proposal. All such costs and expenses will remain with the Applicant and the H.P University shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by an Applicant in preparation for submission of the Proposal, regardless of the conduct or outcome of the Selection Process.

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Table of Contents 1. INTRODUCTION ................................................................................................................... 6

2. OBJECTIVE ............................................................................................................................ 6

3. SCOPE OF WORK............................................................................................................... 6-8

4. DELIVERABLES AND TIMELINE ..................................................................................... 8

5. ELIGIBILITY CRITERIA ..................................................................................................... 9

6. FORMAT AND SIGNING OF PROPOSALS .................................................................... 10

a. PART A (TECHNICAL PROPOSALS) ................................................................. 10 b. PART B (FINANCIAL PROPOSALS) ................................................................... 10

7. SUBMISSION OF PROPOSALS .................................................................................... 10-11 8. APPLICATION FEE ............................................................................................................. 11 9. EARNEST MONEY DEPOSIT ............................................................................................ 11 10. FINANCIAL PROPOSAL .................................................................................................... 11 11. DOCUMENTS ACCOMPANYING THE PROPOSALS ............................................. 11-12 12. DEADLINE AND MODE OF SUBMISSION OF PROPOSALS ..................................... 12 13. LATE PROPOSALS .............................................................................................................. 12 14. PROPOSAL OPENING ....................................................................................................... 12 15. VALIDITY OF THE RFP .................................................................................................... 13 16. CRITERIA FOR AWARD OF CONTRACT .................................................................... 13 17. RIGHT TO ACCEPT OR REJECT ANY OR ALL OFFERS ......................................... 13 18. ISSUANCE OF LETTER OF AWARD ............................................................................. 13 19. PERFORMANCE SECURITY ........................................................................................... 13 20. SIGNING OF AGREEMENT ............................................................................................. 13 21. FORFEITURE OF PERFORMANCE GUARANTEE ..................................................... 13 22. DETERMINATION AND RESCISSION OF AGREEMENT .................................... 13-14 23. ARBITRATION .................................................................................................................... 14 24. AMENDMENTS/ CLARIFICATIONS .............................................................................. 14 25. PROJECT MONITORING COMMITTEE ....................................................................... 14 26. EXTENSION OF TIME .................................................................................................. 14-15 27. INDEMNITY ......................................................................................................................... 15 28. CONFIDENTIALITY .......................................................................................................... 16 29. TERMS OF PAYMENT ....................................................................................................... 16

FORM 1: Covering Letter .................................................................................................... 17 FORM 2: Letter of Authorization ....................................................................................... 18 FORM 3: Organization Details ............................................................................................. 19 FORM 4: Auditor Certified Annual Turnover & Net-worth Statement for last three

years ...................................................................................................................... 20 FORM 5: Key Experience in obtaining Forest Clearance Stage-II in last three years in

H.P. State .............................................................................................................. 21 FORM 6: Technical Solution (Methodology and work Plan) ............................................ 22 FORM 7: Performance Security ..................................................................................... 23-24 FORM 8: Financial Offer ................................................................................................ 25-26 FORM 9: Contract Agreement (To be executed with successful bidder) ........................ 27

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1. INTRODUCTION:

H.P University Shimla-5 intends to engage an agency to undertake complete assignment on turnkey basis to prepare forest clearance proposal including all related activities thereof leading to securing forest clearance under Forest Conservation Act, 1980 from MOEF (GOI) and approval of Map from Municipal Corporation, Shimla for Multi Storeyed Parking complex between Tennis Court and H.R.D.C building in H.P University Shimla-5

2. OBJECTIVE:

The overall objective of the assignment is to obtain forest clearance under forest conservation Act, 1980 from MOEF, to provide technical support to obtain forest clearance of Proposed Multi-Storeyed Parking Complex on forest land between Tennis Court and H.R.D.C building in H.P University Shimla-5

Considering the complexities & challenges involved in obtaining Forest Clearance for developmental projects, interested bidders are required to possess adequate skills & experience in obtaining Forest Clearance, DGPS Survey and must be well- versed with the procedures and formalities involved in obtaining them. It is highly desirable that the bidder possess good rapport with Forest Dept., Revenue Department, etc. for the speedy and on-time clearances and approvals in various stages of the work.

Obtaining Forest clearance is a specialized consulting activity that involves in- depth understanding of procedural formalities, inter-departmental coordination & time-bound activities such as:

• Complete and correct assessment of forest land as per Forest Conservation Act, 1980 and other relevant Acts and Rules. For this, land particulars of the project area need to be studied in detail, preferably in GIS environment, for understanding the land category

• DGPS survey of the land parcels which are certified by Tehsildar / DFO through ORSAC empanelled vendors.

• Identification of compensatory a forestation land jointly agreed upon by Forest Dept. and Revenue Dept., through DGPS survey and formula of Compensatory a Forestation Scheme (CAS).

• Need based facilitation for obtaining clearances under FCA, Act, 1980. • On behalf of H.P University, carry out documentation, coordination, facilitation, technical

presentation and provisioning of details and clarifications to different authorities at the state and national level namely PCCF (Principal Chief Conservator of Forest), RCCF (Regional Chief Conservator of Forest), Collector, DFO (Divisional Forest Officer), Tehsildar, Nodal Officer, Range Officer, etc.

3. SCOPE OF WORK:

To prepare & submit the forest diversion application as per "Forest Conservation Act 1980" and scope of work encompasses up to obtaining Forest Clearance (Stage-I and Stage-II) from MoEF by submitting necessary documentation including map of Forest plots, compensatory afforestation site or any other digital map required, .survey map to the concerned administrative authorities of proposed land measuring approximately 1.40 Bighas to 2.67 Bighas (i.e. 1050.00 sqm. to 2000.00 sqm.).

3.1 Preparation of Forest Diversion Proposal (FDP) as per the MoEF updated guidelines and Forest (Conservation) Act 1980 and any other guidelines issued by HP forest department.

This includes the following:

1. Preparation of Forest Diversion Proposal (FDP) as per the MoEF updated guidelines and Forest (Conservation) Act 1980 and any other guidelines issued by HP forest Department

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2. Preparation of Digitized & Mosaiced maps such as location map (on topo-Sheet)/revenue map/ cadastral sheets (1:50000 scale)/Forest Demarcation Map/Compensatory Afforestation Land Map.

3. Registration and online uploading of all the required documents for FCA proposal.

4. Submission of the proposal at Forest Office.

5. Review of details of land identified for Compensatory Afforestation (CA) by the proponent.

6. Assist in preparation of Compensatory Afforestation Plan (CAP) on the land identified for compensatory Afforestation.

7. Assist in Joint Inspection with respective DFO & SDM for Joint Site-inspection and enumeration / listing of tree details to be affected by the project in the form of enumeration data (species-wise) and obtain approval on the same.

3.2 Assist in obtaining 'No Objection Certificate’ from the concerned authorities under the Forest (Rights) Act 2006.

This includes the following:

1. To identify the forest dwellers/forest dwelling schedule tribes/ other traditional forest dwellers as per the "scheduled Tribes and other Traditional Forest Dweller (Recognition of Forest Rights) Act, 2006" and obtain no objection certificate from the concerned authorities.

2. To facilitate with BDO/Tehsildar/Concerned H.P University to convene Gram Sabha as per FRA, 2006, so as to identify beneficiaries.

3. Preparation and submission of application to Collector for issuance of certificate under forest Rights Act to be used for Forest Diversion Proposal (FDP).

3.3 Follow up for processing of Forest Clearance Application and obtaining Stage-l Clearance from REC of MoEF & Gol.

This includes the following:

1. Follow up with DFO Office to recommend the proposal and forwarding the same to Conservator of Forest (CF) Office.

2. Follow up with CF Office to recommend the proposal and forwarding the same to the Principal Chief Conservator of Forest (PCCF) office of Himachal Pradesh State.

3. Follow up with PCCF Office to recommend the proposal and forwarding the same to Department of Environment & Forest Himachal Pradesh.

4. Assist in obtaining Stage-I Clearance from Regional empowered committee of MoEF.

3.4 Assist in meeting the compliances of Stage-l Clearance & Obtaining Stage-ll (Final) Forest Clearance.

This includes the Following:

1. Assist in completion of compliances to the clauses of Stage-l clearance and Submit compliance report of the same.

2. Obtain final Stage-II Clearance from MoEF & GoI.

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3.

i. Preparation of Map of Proposed Multi-Storeyed Parking Complex as per required norms including the digitized survey of land.

ii. Removal of objections and preparations of additional documents, if required, as per instructions received from Ministry of Environment and Forest (MoEF).

iii. Submission & Approval of the Map from Municipal Corporation, Shimla after approval of FCA case from Ministry of Environment and Forest (MoEF) Govt. of India.

3.5 Consultant Firm shall arrange field verification and compliance, Pillar posting on the forest demarcated boundary in consultation with forest officials, obtaining local clearances, if any, expediting & forwarding of application by State Govt. to MoEF & Follow-up with MoEF and furnish clarifications, additional documentation, presentation to MoEF, provide all technical and logistic support to Forest Department/MoEF etc. in obtaining forest clearance.

3.6 Consultants shall carry out all related and/or incidental activities required for obtaining clearances/approvals for completion of the assignment. The Consultant shall provide necessary assistance including follow up, maintain liaison pertaining to Forest Clearance with MoEF and Forest Authorities and obtaining the necessary approvals and Forest Clearance from MoEF.

3.7 Type of FCA approvals required with approximate area:

Proposed land measuring approximate 1.40 Bigha to 2.67 Bigha ( 0.105 Hect. to 0.20 Hect.) for Multi Storeyed Parking Complex between Tennis Court and H.R.D.C building in H.P University Shimla-5 with latest enumeration of trees as per the requirement of Forest Department, H.P Govt. with clear demarcation of cutting / non-cutting trees and submission of above documents as per requirements of Ministry of Environment and Forest (MoEF), Govt. Of India. The proposal must contain minimum of Ten (10) Proposal Folders or as per latest MoEF guidelines, whichever is higher.

3.8 Documents to be made available by H.P University:

The documents pertaining to user Agency i.e. H.P.U shall be provided to Consultant Firm as detailed below:-

I. Tatima & Jamabandi of proposed land. II. Details of proposed requirement of Building to be included in the Map / Layout Plan. III. Any other documents / information & approval required for submission of FCA case as per

check list of MOEF.

4. DELIVERABLES AND TIMELINE:

The Stage –l & Stage-II approval from Regional empowered committee of MoEF, Govt. of India shall be completed in 90 days and approval of Map from Municipal Corporation, Shimla shall be completed in 30 days.

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5. ELIGIBILITY CRITERIA:

Sl. Eligibility Criteria Proof of Documents

1.

The bidder must submit Rs. 500/ - (Five hundred Only) in shape of demand draft from any Scheduled/ Nationalized Bank in favour of “Finance Officer, H.P University, Shimla-5” payable at Shimla towards the cost of tender document.

Original demand draft of Rs. 500/- (Rupees Five hundred Only) in favour of “Finance Officer, H.P University, Shimla-5” payable at Shimla.

2. The bidder must submit EMD of Rs. 20,000/-

(Rupees Twenty thousand only) in shape of FDR from any Scheduled/Nationalized Bank in favour of " Finance Officer, H.P University, Shimla-5” payable at Shimla.

Original FDR of Rs. 20,000/- (Rupees Twenty thousand only) duly pledged in favour of " Finance Officer, H.P University, Shimla-5” payable at Shimla.

3. The bidder Organization must be a registered body

with HPPWD/State/Central Govt. Organization.

Copy of Registration Certificate.

4. The bidder should have PAN number & GST

registration number.

Copy of PAN card & Copy of GST registration.

5. The Service Provider should not be under a

declaration of ineligibility for corrupt and fraudulent practices nor should have been blacklisted by any Govt. or Govt. Undertaking.

Self-declaration certificate signed by the authorized signatory.

6. The consultant must have minimum experience of

obtaining FCA (Stage-II) approval for at least three (3) works of similar nature executed in State of Himachal Pradesh under H.P Govt / User Agency.

The Consultant Firm must submit the copy of work Orders/Letters of Award and the copies of Stage-II approval of the work.

7. The bidder should have a Minimum Annual Turnover from Technical Consulting services of Rs. 25 Lakh in each of the last 3 financial years (2018-19, 2017-18, and 2016-17).

CA certificate indicating financial turnover for last 3 years with Compulsory UDIN No.

8. The applicant firm must have local liasioning office within jurisdiction of Municipal Corporation, Shimla.

Valid postal address, Mob. No of the liasioning official alongwith copy of ID proof.

9. The Consultant firm staff must have at least one (01) Architect registered with Council of Architecture (India).

Affidavit of the Architect along with copy of registration with Council of Architecture (India).

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6. FORMAT AND SIGNING OF PROPOSAL:

The proposal shall be submitted in two parts:

Part A: Technical Proposal

While preparing the Technical Proposal, the bidders are expected to examine the documents comprising this tender in detail. Material deficiencies in providing the information requested may result in rejection of the proposal.

The technical bid document of the bidder should contain Document fee, EMD and documents in support of their eligibility, capabilities and experiences as required for the project, including information and declarations in duly filled-in Forms as per following:

• Form 1: Covering letter. • Form 2: Letter of Authorization. • Form 3: Organization details. • Form 4: Auditor certified Annual Turnover and Net-worth statement for last 3 years. • The Consultant Firm must submit the copy of Work Orders/Letters of Award and the

copies of Stage-II approval of the works.

Part B: Financial Proposal

The bidder shall not include any technical information in the Financial Bid. The Financial Bid must be completed in all respect and conform to the Financial Bid Format (Form 8: Financial Bid Format) specified in this RFP document. Financial Bids with incomplete information and/ or not conforming to the specified format shall be summarily rejected. Prices shall be quoted entirely in Indian Rupees (INR) and must be arrived at after including all applicable Taxes/GST. All the Taxes/GST as applicable from time to time will be sole liability of bidder. Conditional Financial Bids shall be summarily rejected.

7. SUBMISSION OF PROPOSALS:

PACKING, SEALING AND MARKING OF PROPOSALS:

The Technical Proposal (Part A) and Financial Proposal (Part B) must be inserted in separate sealed envelopes, along with bidder’s name and address in the left-hand corner of the envelope and super scribed in the following manner.

PART A

TECHNICAL PROPOSAL for engaging an agency to obtain forest clearances for Multi Storeyed Parking complex between Tennis Court and H.R.D.C building in H.P University Shimla-5

PART B

FINANCIAL PROPOSAL for engaging an agency to obtain forest clearances for Multi Storeyed Parking complex between Tennis Court and H.R.D.C building in H.P University Shimla-5

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Both the Envelopes i.e., Envelope for Part A and Envelope for Part B must be packed in a bigger sealed outer cover and clearly superscribed with the following:

PROPOSAL For FCA

The Bidder’s Name & Address shall be mentioned in, the left-hand bottom corner of the outer envelope.

The envelopes shall be addressed to the Registrar at the following address:

The Registrar,

H.P University,

Shimla-5

E-mail: registrar@hpuniv.ac.in

Phone no.0177-2830912

If the outer envelope is not sealed and marked as mentioned above, then H.P University will assume no responsibility for the Proposals being misplaced or opened pre-maturely.

8. APPLICATION FEE:

Non-refundable Application fee in the form of Demand Draft in favour of “Finance Officer, H.P University, Shimla-5 ", payable at Shimla for INR 500/- (Rupees Five hundred only) is to be furnished by the bidder along with the Technical Proposal. Proposals without the requisite Application Fee shall be treated as non-responsive and rejected outrightly.

9. EARNEST MONEY DEPOSIT:

a) All proposals submitted in response to the RFP document must be accompanied by an EMD for Rs. 20,000/- (Rupees Twenty thousand only) in shape of FDR from any Scheduled/Nationalized Bank duly pledged in favour of “ Finance Officer, H.P University,Shimla-5” Payable at Shimla. Bids submitted without EMD will be rejected.

b) EMD of all unsuccessful bidders will be refunded by H.P University, after award of work to the successful bidder.

c) The EMD, for the amount mentioned above, of successful bidder will be returned upon submission of Performance Bank Guarantee by the successful bidder

10. FINANCIAL PROPOSAL:

The financial proposal shall be the quoted Lump sum fee and shall be submitted in the given format i.e., Form-8. All Taxes and surcharges as applicable shall be paid by the selected Consultant Firm.

11. DOCUMENTS ACCOMPANYING THE PROPOSAL:

PART A (Technical Proposal)

The bidder must submit the Following particulars / documents along with the Technical Proposal failing which the Proposal may be treated as non-responsive.

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i. Non-refundable Application Fee of INR 500/-(Indian Rupees Five hundred only) in shape of DD from any scheduled commercial bank drawn in favour of " Finance Officer, H.P University, Shimla-5 ", payable at Shimla.

ii. EMD amount of INR 20,000/-(Indian Rupees Twenty Thousand Only) in shape of FDR from any scheduled bank / Nationalized bank duly pledged in the favour of " Finance Officer, H.P University, Shimla-5 ", payable/ encashable at Shimla.

iii. Copy of the PAN card & GST registration certificate. iv. Covering Letter as per the format in Form-1. v. Letter of Authorization as per the format in Form-2. vi. Organization details as format specified in Form-3. vii. Auditor Certified Annual Turnover and Net worth certificate for last 3 Years in

format as specified in Form-4. viii. Key Experiences in obtaining Forest Clearance Stage-II in last 3 years in Himachal

Pradesh as per Form 5. ix. Technical Solution (Methodology and Work plan) as per Form-6 x. Letter of Registration / Work orders with Central/ State Government Organization.

PART B (Financial Proposal)

The Bidder must submit the Financial Proposal as per the format in Form-8 with proper signature and seal of the Bidder.

12. DEADLINE AND MODE OF SUBMISSION OF PROPOSALS:

Proposals filled in all respects must reach at the address, time and date specified in Notice for invitation of RFP through Speed Post, Registered Post or Courier or by hand delivery only. If the specified date for the submission of proposals is declared as a holiday for H.P University, the Proposals will be received up to the next working day up to 11:00 A.M.

13. LATE PROPOSALS:

Proposals received after the deadline for submission of Proposals prescribed by H.P University will be rejected.

14. PROPOSAL OPENING:

H.P University will open all Proposals in the presence of Bidders or their authorized representatives who choose to attend the proposal opening, at the date and time mentioned and in the following location.

Office of the Registrar,

H.P University,

Shimla-5.

The Bidder’s representatives, who are present, shall sign register evidencing their attendance. In the event of the specified date of Proposal opening being declared holiday for H.P University, and Proposals shall be opened at the appointed time and location on the next working day.

The Financial Proposals of only those firms fulfilling the eligibility criteria and the technical requirements of the Proposal shall be opened after opening of Technical Bid.

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15. VALIDITY OF THE RFP:

The validity of RFP shall be for a period of 120 days from the date of opening of bids.

16. CRITERIA FOR AWARD OF CONTRACT:

Subject to the requirements, H.P. University will award the contract to the applicant / Consultant Firm quoting lowest financial bid, which is found responsive, complete and in accordance with RFP.

17. RIGHT TO ACCEPT OR REJECT ANY OR ALL OFFERS:

Himachal Pradesh University reserves the right to accept or reject any offer, and to annul the process and reject all offers, at any time prior to award of contract without thereby incurring any liability to the affected applicants. H.P. University has no obligation to inform the affected applicant(s) of the reasons for rejection of RFP.

18. ISSUANCE OF LETTER OF AWARD:

Prior to the expiry of period of validity/extended validity of the offer as prescribed in this bid document, HPU will issue the letter of award to the successful applicant. The letter of award shall constitute a part of the Contract Agreement (Form-9).

19. PERFORMANCE SECURITY:

The successful applicant shall furnish to HPU a Performance Security in the form of a Bank Guarantee @ 5% of the contract amount from a Nationalized Bank based in India in the format given in From-7. The performance Security shall be furnished within the specified time limit. This Performance Security will be returned to the applicant after successful completion of work. Failure of the successful applicant to submit the required Performance Security by due date, shall constitute sufficient ground for the annulment of the process of award of contract.

20. SIGNING OF AGREEMENT:

HPU shall prepare the agreement in the Form-9 included in this Document alongwith all the terms & conditions contained in the RFP document for signatures between HPU and successful applicant in triplicate. Successful applicant will be required to execute the Contract agreement within 7 days from the date of issue of the Letter of Award. The performance guarantee should be submitted immediately after issue of letter of award and prior to signing of Contract Agreement. One copy of the Agreement duly signed by HPU and the Consultant will be supplied by HPU to the Consultant/Authorized Signatory.

21. FORFEITURE OF PERFORMANCE GUARANTEE:

In case the Consultant fails to complete the work, HPU without prejudice to rights and remedies available under the contract, shall forfeit and encash the Performance Guarantee Amount and credit it to HPU. In case the bank goes in liquidation or for any reason is unable to make payment against the said bank Guarantee, the loss caused thereby, shall be borne by the Consultant. The Consultant forthwith, on demand from HPU, shall make good this deficit.

22. DETERMINATION AND RESCISSION OF AGREEMENT:

1) The HPU, without any prejudice to their right against the Consultant Firm in respect of any delay by notice in writing may absolutely determine the contract in any of the following conditions:-

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i) if the Consultant, being a firm/company shall pass a resolution or the court shall make any order that the firm/company shall be wound up or if a receiver or a manager on behalf of the creditor shall be appointed or if circumstances shall arise which entitle the court to appoint a receiver or a manager or which entitles the court to make up a winding order.

ii) If the Consultant commits breach of any of the terms of agreement.

2) When the Consultant has made himself liable for action under any of the clauses aforesaid, the HPU shall have power:

i) To rescind the agreement and forfeit the Performance Guarantee submitted by the Consultant Firm absolutely.

ii) To engage another Consultant Firm to carry out the balance work debiting the previous Consultant Firm the extra amount, if any, so spent for getting the balance work done. This amount would be in addition to the recovery of performance security under Clauses 6 herein above.

3) In case any of the powers conferred upon the HPU under this clause, shall have become exercisable and if the same are not exercised, the non-exercise thereof shall not constitute a waiver of any of conditions thereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the same Consultant and the liability of the Consultant for compensation shall remain unaffected.

23. ARBITRATION:

All disputes or differences whatsoever arising between the Parties to this contract shall be settled by arbitration claims/counter claims to be reiterated upon, shall be referred to a sole arbitrator to be appointed by the Vice-Chancellor, HP University. The Award made in pursuance thereof shall be binding on both the parties. Such arbitration shall be governed by the Indian Arbitration and Conciliation Act, 1996. It is, hereby, further agreed between the parties that stamp duty payable under the law in respect of this agreement shall be borne by the Consultant Firm.

24. AMENDMENTS/ CLARIFICATIONS:

Any Clarifications/Amendments issued before the last date of submission of the bids by Consultant Firms alongwith letters of negotiation with successful bidder and the LOA etc. shall form part of this agreement.

25. PROJECT MONITORING COMMITTEE:

The progress of the assignment shall be reviewed by a Project Monitoring Committee constituted by the H.P. University. The Project Monitoring Committee shall conduct monthly periodic reviews of the performance of the Consultant. The Consultant Firm shall comply with the instructions of the Committee and the same shall be binding on him.

26. EXTENSION OF TIME:

i. The time allowed for performance of the work as specified in the contract or the extended time in accordance with these conditions shall be the essence of the contract. The Consultant Firm shall be provided necessary required documents / information and certificates/undertakings by the HPU. If the Consultant commits default in commencing the work as aforesaid, HPU shall without prejudice to any other right or remedy available in law, be at liberty to forfeit the performance guarantee absolutely.

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ii. Request for rescheduling of Mile stones and extension of time, to be eligible for consideration, shall be made by the Consultant in writing within fourteen days of the happening of the event causing delay on the prescribed Performa to the authority as indicated in the contract. The consultant may also, if practicable, indicate in such a request the period for which extension is desired. The HPU after satisfying itself about the reasonableness of grounds, may grant extension of time as in its opinion be justified and communicate the same in writing to the Consultant. The decision of HPU shall be final and binding in this regard. Whenever such extension of time is granted, it would be without prejudice to the rights of HPU to recover the liquidated damages from the Consultant. Any extension of time granted as stated above shall neither entitle the Consultant to any claim for increase in their fees nor shall it relieve him from any of the obligations under the said agreement.

iii. If the work(s) be delayed by:-

a) Force majeure, or

b) Serious loss or damage by fire, or

c) Civil commotion, local commotion of workmen, strike or lockout, affecting any of the trades employed on the work, or d) Any delay in supplying the requisite documents and delay due to any cause beyond the control of the Consultant, or

e) Any other cause which, in the absolute discretion of the HPU is beyond the Consultants’ control. Then upon the happening of any such event causing delay, the consultant shall immediately give notice thereof in writing to the authority as indicated in the contract but shall nevertheless use constantly his best endeavours to prevent or make good the delay and shall do all that may be reasonably required to the satisfaction of the HPU to proceed with the works.

iv. FORCE MAJEURE: a) War, invasion, revolution, riots, sabotage, lockouts, strikes, work shut-down imposed by Government Acts or legislature or other authorities, stoppage in supply of material, fuel or electricity, breakdowns of machinery, act of God, epidemics, fires, earthquakes, floods, explosions, accidents, sea navigation blockades or any other acts or events whatsoever which are beyond reasonable control and which shall directly or indirectly prevent completion of the project within the time specified in the agreement, will be considered Force Majeure. The Consultants shall be granted necessary extension of time to cover the delay was caused by Force Majeure without any financial repercussions.

b) Should one or both parties be prevented from fulfilment of the contractual obligations by a state of force majeure, the two parties shall consult each other and decide regarding the future execution of the contract.

27. INDEMNITY:

The Selected Agency always during the pendency of this agreement, keep the H.P University indemnified to an amount not exceeding the total fees payable to the Selected Agency under this agreement.

Page | 16

28. CONFIDENTIALITY:

The Selected Agency shall treat the details of the output of the Assignment and the Services as confidential and for the Selected Agency's own information only and shall not publish or disclose the details of the output, deliverables/milestones submitted to Selected Agency or the Services in any professional or technical journal or paper or elsewhere in any manner whatsoever without the previous written consent of the competent H.P University authority.

29. TERMS OF PAYMENT:

The terms of payment to be charged by the Lowest Bidding Consultant Firm from the client for preparation of FCA case, submission thereof to the State/Central Govt. complete in all respects and laisoning with the State/ Central Govt., Ministry of Environment and Forest (MOEF), approval of Map from Municipal Corporation, Shimla. and for expediting the sanctions in a time bound manner as per scope of work vide item no. (3) ibid as detailed below:-

The Income Tax, Labour Cess, GST and other Taxes as applicable, shall be deducted from the

Consultant’s bills at source as per rules.

Sr. No. Description of work Percentage of payment 1. On completion & verification of Revenue Records,

preparation of all documents as per FCA check list and online submission on MOEF portal, Receipt of acknowledgement from Nodal Officer (DFO)

40%

2.. On receipt of approval in Principle of FCA case from MOEF, Govt of India

30%

3. Approval of stage-II and submission & approval of Map from Municipal Corporation, Shimla.

30%

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FORM-1

COVERING LETTER

To

The Registrar,

H.P University,

Shimla-5.

Sub: Request for Proposal for engaging an agency to obtain forest clearances on behalf of H.P University, Shimla-5.

Dear Sir,

With reference to your invitation RFP No.___________dated _____________, we are pleased to submit our Bid along with all supporting documents, requisite Tender Document Cost and EMD for your evaluation.

We confirm that the information contained in this response or any part thereof, including its exhibits and other supporting documents & instruments delivered to H.P University is true, accurate, verifiable and complete.

We further unconditionally accept all the Terms & Conditions mentioned in the above referred RFP document. Deviations if any, in the Terms & Conditions mentioned in the above referred RFP document reflected in our Bid shall liable our Bid document to be summarily rejected without any reference to us.

Yours Sincerely,

<Authorized Signatory>

Name:

Designation:

Contact Number:

Address:

Page | 18

FORM-2

LETTER OF AUTHORISATION

To

The Registrar,

H.P University,

Shimla-5.

Sub: Request for Proposal for engaging an agency to obtain forest clearances on behalf of H.P University Shimla.

Dear Sir,

With reference to your invitation of RFP No.____________dated ___________, we hereby authorize Mr/Mrs/Ms ___________________________,Designation________________, of our organization whose signature is attested below, as our authorized representative to sign the bid documents including all documents in support of our bid on our behalf.

We hereby agree to ratify the acts, deeds and things lawfully done by our "aforesaid representative shall and shall always be deemed to have been done by us and accordingly binding on us.

_________________________________

(Signature of Authorized Representative)

Yours sincerely,

_________________________________

(Signature)

<Name :>

<Designation: Managing Director/Head of the organization>

Page | 19

FORM-3

ORGANIZATION DETAILS:

Name of the organization:

Year of Establishment:

Address of Registered office:

Location of works (address):

Telephone numbers:

Fax numbers:

Email address:

Web site address:

Name of the Head of Organization:

Designation of the Head of Organization:

Head of Organization's Mobile no.:

Head of Organization’s Email Id:

Name of the Contact Person:

Contact person’s Designation:

Contact person's Mobile no.:

Contact person's Email Id:

Page | 20

FORM- 4

AUDITOR CERTIFIED ANNUAL TURNOVER & NET-WORTH STATEMENT FOR LAST 3 YEARS:

Sl. Financial Year Turnover (in Crores)

Net Worth (in Crores)

1. 2016-2017

2. 2017-2018

3. 2018-2019

Signature and Seal of Chartered Accountant / Auditor with UDIN No.

N.B : This format must be jointly certified & sealed by the CA & the authorized representative of the bidder failing to which the proposal will be rejected.

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FORM-5

KEY EXPERIENCES IN OBTAINING FOREST CLEARANCE STAGE-II IN LAST 3YEARS IN THE STATE OF HIMACHAL PRADESH:

Sl. Name of Client / Organization

Name of the Project

Value of Work (In Rs.)

Date of obtaining Stage-I clearance

Date of obtaining Stage-II approval

Ref. of Supporting work order

1.

2.

3.

4.

5.

6.

7.

Note: Please enclose completion certificate duly signed by DFO/equivalent post of stage-II clearance experiences mentioned above.

Page | 22

FORM-6

TECHNICAL SOLUTION (METHODOLOGY &WORK PLAN):

Page | 23

FORM-7

FORM OF PERFORMANCE SECURITY (GUARANTEE) BY BANK:

1. This deed of Guarantee made this day of _______ between Bank of ____________ (hereinafter called the “Bank”) of the one part, and Himachal Pradesh University (hereinafter called “HPU”) of the other part.

2. Whereas HPU has awarded the work of “_______________________________________) to ______________ (hereinafter called the Consultant). (Name of the Consultant)

3. AND WHEREAS the Consultant is bound by the said Contract to submit to HPU a Performance Security (Guarantee) for a total Amount of. (5% of the contract amount) i.e. Rs.__________.

4. Now we the Undersigned__________________________________________ (Name of the Bank) being fully authorized to sign and to incur obligations for and on behalf of and in the name of ________________________________ (Full name of Bank), hereby declare that the said Bank will guarantee HPU the full amount of 5% of the contract amount) as stated above.

5. After the Consultant has signed the aforementioned Contract with HPU, the Bank is obliged to pay HPU any amount up to and inclusive of the aforementioned full amount upon written order from HPU to indemnify HPU for any liability of damage resulting from any defects or shortcomings of the Consultant or the debts he may have incurred to any parties involved in the Works under the Contact mentioned above, whether these defects or shortcomings or debts are actual or estimated or expected. The Bank will deliver the money required by HPU immediately on demand without delay without reference to the Consultant and without the necessity of previous notice or of judicial or administrative procedures and without it being necessary to prove to the Bank the liability or damages resulting from any defects or shortcomings or debts of the Consultant. The Bank shall pay to HPU any money so demanded notwithstanding any dispute/disputes raised by the Consultant in any suit or proceeding pending before any Court/ Tribunal or Arbitrator/s relating thereto and the liability under this guarantee shall be absolute and unequivocal.

6. This Guarantee is valid till................ (The initial period for which this Guarantee will be valid must be for at least 12 months.

7. At any time during the period in which this Guarantee is still valid, if HPU agrees to grant a time extension to the Consultant or if the Consultant fails to complete the Works within the time of completion as stated in the Contract, or fails to discharge himself of the liability or damaged or debts as stated under Para 5, above, it is understood that the Bank will extend this Guarantee under the same conditions for the required time on demand by HPU and at the cost of the Consultant.

8. The Guarantee hereinbefore contained shall not be affected by any change in the Constitution of the Bank or of the Contractor.

9. The neglect or forbearance of HPU in enforcement of payment of any money, the payment whereof is intended to be hereby secured or the giving of time by HPU for the payment thereof shall in no way relieve the bank of their liability under this deed.

10. The expressions “HPU”, “the Bank” and “the Consultant” hereinbefore used shall include their respective successors and assigns.

Page | 24

In witness whereof I/We of the Bank have signed and sealed this guarantee on the _______ day of

___________ 2020 being herewith duly authorized.

For and on behalf of The ....................... Bank.

Signature of Authorized Bank official.

Name ......................................................

Designation ...............................................

Stamp/Seal of the Bank: ...........

Signed, sealed and delivered for and on behalf of the Bank by the above

Named _______________________________________________ in the presence of:

Witness1. Witness2.

Signature ........................... Signature ...........................

Name ................................ Name ................................

Address............................. Address.............................

Page | 25

FORM-8

FORMAT FOR FINANCIAL OFFER:

(On the letter head of the Company)

Date:

To,

The Registrar,

Himachal Pradesh University,

Shimla-171005.

Sub: For engagement of Agency to obtain Forest Clearance under Forest Conservation Act, 1980 and Approval from MOEF (GOI) for proposed Multi Storeyed Parking complex between Tennis Court and H.R.D.C building in H.P University Shimla-5 and approval of Map from Municipal Corporation, Shimla.

Dear Sir/ Madam:

Being duly authorized to represent and act on behalf of ............, and having reviewed and fully understood all the requirements of bid submission provided vide the EOI document dated .......... pertaining to the above mentioned work, we hereby provide our Financial proposal for providing Comprehensive Architectural Consultancy Services as follows:

i) Preparation of FCA case of proposed land measuring approximate 1.40 Bighas to 2.67 Bighas (1050 Sqm. to 2000 Sqm.) for proposed Multi Storeyed Parking infrastructure between Tennis Court and H.R.D.C building in H.P University Shimla-5 and approval of Map from Municipal Corporation, Shimla with revised enumeration of trees as per layout plan (with the requirement of forest department with cutting/non cutting trees) along with submission of above document as per requirement of Ministry of Environment and Forest (Guideline with preparation of 10 Proposal folders).

ii) Preparation of Digital Map/KML file/SHP of Project with CA site.

iii) Preparation of layout/Map as per guideline of Ministry of Environment and Forest (MOEF) with fixing of all buildings, structure/activities etc. without detailed Drawings.

iv) Submission of hard Copy/Monitoring of Proposal till final approval of the Case.

v) Removal of objection and preparation of additional documents of required as per instruction given by MOEF.

vi) Approval of the Map from Municipal Corporation, Shimla.

Page | 26

We agree to bind this offer if we are the selected as consultant for this project.

On OFFERED AMOUNT : ___________( In words: _________________________________)

Signature :

Name of the Person :

Designation :

Instruction:

1. No conditions should be attached.

2. In case of difference between the words and figures, word would prevail.

(Should be submitted in a sealed envelope).

Page | 27

FORM-9

CONTRACT AGREEMENT

This agreement made on this ________________________ day of _____________ 2020 between Himachal Pradesh University (hereinafter referred as HPU) which expression unless exclude by or repugnant to context shall include their successors and assignees of the part and M/s. ______________________________________ having their Registered Office at _____________________ (Hereinafter referred to as Consultant) which expression unless excluded by or repugnant to the context, shall include their successors and assignees of the other part.

Whereas the H.P. University is desirous of undertaking “___________________________________________________________”in accordance with the general requirements and conditions hereinafter appearing and whereas the Consultant has agreed to perform the same.

In witness whereof the parties hereto name set their hands and seals the ______

day of ______ above written.

For and on behalf of the Consultant.

(Name) Address: Stamp/seal of the Consultant Witness:

For and on behalf of the H.P.U.

( Suneel Sharma)

Registrar

Stamp/seal

Witness:

1.