rfp-tn-tech
rfp-tn-tech
Selection of Consultant
To
For
August 2024
Managing Director
Tamilnadu Industrial Development Corporation Limited
19-A, Rukmini Lakshmipathi Salai
Egmore, Chennai –600 008
Phone: 044-2855 4421;
Disclaimer
Information contained in this Request for Proposal (“RFP”) document and/or subsequently
provided to Bidders, whether verbally and/or in documentary form by or on behalf of Tamilnadu
Industrial Development Corporation Ltd. (TIDCO) or any of its employees or advisors
(collectively referred to as “TIDCO Representatives”), is provided to the Bidders on the terms
and conditions set out in this RFP document and any other terms and conditions subject to which
such information is provided. This RFP document is not an agreement and is not an offer or
invitation by TIDCO to any other party. The purpose of this RFP document is to provide
interested parties with information to enable formulation of their proposal.
This RFP document does not purport to contain all the information each Bidder may require. The
Bidders should conduct their own due diligence, investigations and analysis and should check the
accuracy, reliability and completeness of the information in this RFP document and obtain
independent advice from appropriate sources. TIDCO Representatives make no representation or
warranty and shall incur no liability under any law, statute, rules or regulations as to the
accuracy, reliability or completeness of the RFP document and concerned with any matter
deemed to form part of the RFP document, award of the assignment, the information and any
other information supplied by or on behalf of TIDCO or otherwise arising in any way from
selection process. The prospective Bidder will be responsible for all obligations to its staff, their
payments, complying with the labour laws, minimum wages Act and any other Act relevant for
the working of the Bidder’s staff. Under no circumstances TIDCO will be responsible for any
non-compliance with statutory requirements of the bidder’s staff.
TIDCO may in their absolute discretion, but without being under any obligation to do so, update,
amend or supplement the information in this RFP document from time-to-time, after intimating
the same to the Bidders. TIDCO reserves the right to accept or reject any or all proposals without
giving any reasons. Bidding process shall be governed by Laws of India and Courts at the State
of Tamil Nadu will have jurisdiction over matter concerning and arising out of this RFP
document.
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Letter of Consent
e- Tendering
1. I/we agree to abide by all the detailed specifications, terms and conditions stipulated by
the Tamilnadu Industrial Development Corporation Limited (TIDCO), which I/we have
read and understood.
2. I/we certify that I/we have fully read and understood the instructions to bidders for online
bid submission given by TIDCO and any lapse to properly submit the bids result in
rejection of the bid submitted.
3. I/we certify that the tender is offered without any alteration / addition / omission.
4. I/we certify that all the conditions of the tender are accepted.
5. I/we agree that TIDCO is not responsible for any data corruption that might arise during
the transmission / uploading of data in the website or due to disruption in communication
error in my / our tender.
6. I/we agree that TIDCO has the right to change the schedule of opening or any technical
corrective action to resolve any error that might arise during the opening of the e-tender.
7. I/we certify that I/we are responsible for the uploading of correct copies of scanned
documents as per the e-tender procedure of TIDCO & I/we understand that any error in
doing so my / our tender may be summarily rejected by TIDCO.
8. In the event of failure on my / our part to comply with all the requirements mentioned in
this tender document, I / we unconditionally agree that TIDCO is at its liberty to reject my
/ our tender.
Signature of Tenderer
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e-TENDERING – Instructions to Bidder for Online Submission
c. All the necessary documents mentioned above may be joined together and converted to
zip files and uploaded as single file in the website.
6. The Digital Signature Certificate / e-token may be obtained by the bidders individually at the
risk and cost of the bidder.
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TABLE OF CONTENTS
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SECTION 1.
LETTER OF INVITATION
August-2024
Sir / Madam,
Sub: RFP for the selection of a consultant to prepare a Master Plan for establishing TN TECH City
in Chennai, Tamil Nadu.
Government of Tamil Nadu has mandated Tamil Nadu Industrial Development Corporation
Limited (TIDCO) to establish TN-TECH city at Chennai, Tamil Nadu. In this regard, TIDCO
intends to select a consultant to prepare a detailed master plan for the proposed TN-TECH city
Interested Consultants can download the RFP from the website www.tidco.com and
https://tntenders.gov.in. The Terms of Reference, Qualification criteria, terms and conditions
including evaluation criteria and other conditions are provided in the RFP.
The Request for Proposal (RFP) includes the following documents:
• Section 1 - Letter of Invitation
• Section 2 - Instructions to Consultants
• Section 3 - Data Sheet
• Section 4 – Background to the RFP
• Section 5 – Eligibility criteria and evaluation methodology
• Section 6 - Terms of Reference
• Section 7 - Standard Forms
We hereby request you to kindly submit the bids duly completed as per the requirements of this
RFP on or before 3:00 PM on 25.09.2024
Thanking You,
Yours faithfully,
Managing Director,
Tamilnadu Industrial Development Corporation Limited,
19A, Rukmini Lakshmipathi Salai,
Egmore, Chennai-600 008.
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SECTION 2
INFORMATION TO CONSULTANTS
1. GENERAL
1.1 The consultants are invited to submit a Technical Proposal and a Financial Proposal, as
specified in the Data Sheet for the consulting services required for the assignment named
in the Data Sheet. The Proposal will be the basis for contract negotiations and for signing
of a contract with the selected Consultants / Firm.
1.2 TIDCO will select a consultant/firm among those whose proposals are accepted, in
accordance with the evaluation methodology indicated in the RFP.
1.3 The Assignment shall be implemented in accordance with the phasing indicated in the
Data Sheet. When the Assignment includes several phases, the performance of the
consultant under each phase must be to the satisfaction of TIDCO before beginning the
work for the next phase.
1.4 The Consultants must familiarize themselves with local conditions and take them into
account in preparing their Proposals. To obtain first-hand information on the Assignment
and on the local conditions, consultants may visit TIDCO before submitting a Proposal.
The Consultants may contact the official named in the Data Sheet to obtain any relevant /
additional information on the Assignment.
1.5 Please note that (i) the costs of preparing the proposal and of negotiating the contract,
including a visit to the sites & or TIDCO are not reimbursable as a direct cost of the
Assignment; and (ii) TIDCO is not bound to accept any of the Proposals submitted.
1.6 TIDCO reserves the right to accept or reject any bid, and to annul the bidding process and
reject all bids, at any time prior to the award of Contract, without thereby incurring any
liability to the affected bidder or bidders or any obligation to inform the affected bidder
or bidders of the grounds for TIDCO’s action.
1.7 TIDCO also reserves the right to terminate the contract on the grounds of negligence of
obligations as per the accepted bid conditions and/or any other reasons not attributable to
TIDCO and/or on account of any Force Majeure events that may be decided solely at the
discretion of TIDCO. In such cases the compensation shall be restricted to the amount
paid by TIDCO and no claim whatsoever for any compensation shall be entertained by
TIDCO.
1.8 A Bid Security for an amount of Rs. 1,00,000 /- (One lakh only) will be carried out by the
Bidders only through online payment mode (https://tntenders.gov.in ). The EMD amount
should be the exact amount and no excess or less amount should be transferred through
online payment gateway.
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i. Bid Security shall be paid via (tntenders.gov.in) only.
ii. Bank Guarantee/DD will not be accepted towards Earnest Money Deposit
iii. Any Bid not accompanied by the Bid Security but accompanied by an
Exemption (MSME or other applicable exemptions along with proofs) shall
be verified before declaring as a responsive bidder.
iv. The bank transaction details submitted along with the proposal i.e.,
Technical Bid (Pre-qualification tender application) not accompanied with
the scanned copy of bank transaction details of Bid Security will be
rejected as Non-Responsive Tender.
v. Bid Security of the unsuccessful bidders shall be refunded through e-
procurement portal.
vi. The Bid Security of the successful tenderer will be refunded after the
tenderer has furnished the required Performance Security and signed the
contract.
vii. If the tenderer withdraws his bid after issue of work order or after
acceptance of work order or failure to execute the contract or fails to pay
the required Performance Security amount within the time specified in the
work order, the Bid Security submitted with the Technical Bid will be
forfeited.
viii. The Authority shall not be liable to pay any interest on the Bid Security and
the same shall be interest free.
ix. TIDCO is entitled to cause forfeiture of the Bid Security if the Bidder
revokes / withdraws the Bid during the period of its validity and / or fails to
comply with the conditions of the Letter of Award
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2. CLARIFICATION AND AMENDMENT OF RFP DOCUMENTS
2.1 Consultants may request clarification on any item of the RFP document up to the date indicated
in the Data Sheet before the Proposal submission date. Any request for clarification must be
sent in writing by electronic mail (e-mail) to TIDCO’s address indicated in the Data Sheet.
TIDCO’s responses to the pre-bid queries would be uploaded on https://tntenders.gov.in &
https://tidco.com
2.2 At any time before the submission of Proposals, TIDCO may, for any reason, whether at its
own initiative or in response to a clarification requested by any firm, modify the RFP
documents by issuing an Addendum/Corrigendum. Addenda/ Corrigenda shall be uploaded on
https://tntenders.gov.in & https://tidco.com. TIDCO may at its discretion extend the deadline
for the submission of Proposals by issuing an Addenda/ Corrigenda.
3. PREPARATION OF PROPOSAL
3.1 Consultants are requested to submit a Proposal written in the English language.
3.2 The original proposal (technical and financial) shall be prepared in indelible ink. It shall contain
no inter-lineation or overwriting, except as necessary to correct errors made by the firm itself.
Any such corrections must be initialed by the person or persons who sign(s) the Proposals. An
authorized representative of the firm initials all pages of the Proposal. The representative’s
authorization is confirmed by a written power of attorney accompanying the Proposal.
3.3 TIDCO reserves the right to accept or reject any proposal without assigning any reason and no
request for alteration, modification, substitution or withdrawal will be entertained by TIDCO in
respect of such Proposals. However, TIDCO reserves the right to seek clarifications or additional
information from the Bidder during the evaluation process. TIDCO will subsequently examine
and evaluate Proposals in accordance with the Selection Process detailed out in the RFP.
TECHNICAL PROPOSAL
3.4 In preparing the Technical Proposal, consultants are expected to examine all the documents given
in this RFP in detail. Material deficiencies in providing the information requested may result in
rejection of Proposal.
3.5 While preparing the Technical Proposal, consultants must give particular attention to the
following:
i 50% of the project team composition should be permanent employees of the sole firm.
ii Proposed Project Core Team members must have the minimum years of experience
indicated in Section-5 of the RFP
iii Alternative key professional staff shall not be proposed, and only one curriculum vitae
(CV) may be submitted for each position.
iv Consultant is to ensure that the time allocated for the proposed key staff does not conflict
with the time allocated or proposed for any other assignment. TIDCO reserves the right to
request a workload projection (including time spent on other projects) for the key staff.
v The composition of the proposed Team and Task Assignment to individual personnel shall
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be clearly stated.
vi No such key personnel shall be proposed for any position if the CV of the personnel does
not meet the requirements of the ToR.
vii The key personnel shall remain available for the period as indicated in the RFP.
viii Each CV needs to have been signed by the key personnel and countersigned by the
Authorised Signatory of the Bidder. At the time of submission of bid proposal, scanned
copies of the signature of key personnel will be allowed but at the time of signing of
contract, the original signature will be required. However, in both cases, original counter
signature of Authorised Signatory shall be required in original.
ix Client’s certifications or contract copy for the projects listed under the experience section
must contain the project attributes (size, fee, duration etc.) and the scope of work on the
projects.
3.6 Bidders should note the Proposal Submission Date, as specified in Data Sheet, for submission of
Proposals. Except as specifically provided in this RFP, no supplementary material will be
entertained by TIDCO, and that evaluation will be carried out only on the basis of Documents
received by the closing time of Proposal Submission Date as specified in Data Sheet. Bidders will
ordinarily not be asked to provide additional material information or documents subsequent to the
date of submission, and unsolicited material if submitted will be summarily rejected. For the
avoidance of doubt, TIDCO reserves the right to seek clarifications on any aspects.
3.7 The Technical Proposal should provide the following information using the attached Standard
Forms:
i A brief description of the consultant's organization
ii Recent assignments of similar nature, the outline indicating inter alia, the profiles and
names of the staff provided, duration of the assignment, contract amount, and firm’s
involvement.
iii Detailed Approach and Methodology and Activity Schedule for undertaking the current
Assignment.
iv List of the proposed staff team by specialty, the tasks that would be assigned to each staff
team member.
v CVs signed by the proposed key professional staff and the Authorised Signatory of the
Bidder submitting the proposal.
3.8 The Technical Proposal shall not include any financial information.
FINANCIAL PROPOSAL
3.9 In preparing the Financial Proposal, consultants are expected to take into account the
requirements and conditions of the RFP documents. The Financial Proposal should follow the
Standard Forms provided in this RFP.
3.10 The Financial Proposal should be a lump sum proposal inclusive of all the costs except applicable
taxes associated with the assignment. Consultant shall express the price of their services in Indian
Rupees. Exchange rate risk, if any, shall be borne by the Consultant.
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3.11 The Data Sheet indicates how long the proposals must remain valid after the submission date.
During this period, the consultant is expected to keep available the professional staff proposed
for the assignment. TIDCO will make its best effort to complete negotiations within this period.
If TIDCO wishes to extend the validity period of the proposals, the consultants who do not agree
have the right not to extend the validity of their proposals.
4.PRE-BID MEETING
4.1 Pre-bid Meeting of the Bidders will be convened at the date, time, place and mode of the meeting
indicated in the data sheet. A maximum of two representatives of each firm interested in bidding will be
allowed to participate on production of an authorisation letter from the respective Firms. During pre-bid
meeting, the Bidders will be free to seek clarifications and make suggestions for consideration of TIDCO.
TIDCO will endeavour to provide clarifications and such further information as it may, in its sole
discretion, consider appropriate for facilitating a fair, transparent and competitive selection process
6.1 The evaluation committee appointed by TIDCO as a whole, and each of its members individually
shall evaluate the proposals on the basis of their responsiveness to the Terms of Reference,
applying the evaluation criteria, sub- criteria and point system specified in the RFP. Each
responsive proposal will be given a mark (T). A proposal shall be rejected at this stage if it does
not respond to important aspects of the Terms of Reference or if it fails to achieve the minimum
technical score.
6.2 In this stage, Technical Proposal will be evaluated on the basis of consultant’s experience,
proposed approach and methodology and Work Plan, and the experience of Key Persons. Only
those consultants whose Technical Proposals score 70 marks or more out of 100 shall qualify for
further consideration. The bidder who secures highest marks (TH) shall be given a technical score
of 100. The technical scores of other bidders shall be computed as follows:
Technical score of the bidder ST = 100 x (T /TH)
T= Marks secured by the respective Bidder
TH= Highest Marks secured.
6.5 TIDCO shall simultaneously notify the consultants that have secured the minimum qualifying
mark or more, indicating the date and time set for opening the Financial Proposals.
OPENING OF BIDS
6.6 All Technical Bids received online by the due date and time will be opened online at TIDCO
Office in the presence of TIDCO Tender Committee members, Bidder’s designated
representatives and anyone who chooses to attend. This can also be viewed by the Bidders online.
6.7 The Financial Bids shall remain unopened in the e-Procurement System, until the subsequent
public opening, following the evaluation of the Technical Bids.
6.8 In all cases, the technical bid without the bank transaction details for bid security payment will be
declared non responsive and summarily rejected.
6.9 The Bidders' names, the presence of Bid security, and such other details as the Committee
members may consider appropriate, will be recorded as Technical Part Bid opening summary.
6.10 The Technical Bid opening summary will be uploaded on the e Procurement Portal. Only
Technical Bids that are opened at Bid opening shall be considered for further evaluation.
6.11 In the event of the specified date of bid opening being declared a holiday, the bids will be opened
at the appointed time and location on the next working day.
EVALUATION OF TECHNICAL AND FINANCIAL PROPOSALS RANKING
6.12 The evaluation committee appointed by TIDCO as a whole, and each of its members individually
shall evaluate the proposals on the basis of their responsiveness to the Terms of Reference,
applying the evaluation criteria, sub- criteria and other relevant eligibility if any specified in the
RFP.
6.13 Evaluation of Technical Bid with respect to Pre- qualification criteria shall be taken up.
6.14 TIDCO tender committee will determine whether each Bid (a) has been properly signed; (b)
meets the qualification criteria defined and (c) is substantially responsive to the requirements of
the bidding documents.
6.15 After completion of Evaluation of Technical Bid and a list will be drawn up of the qualified
bidders whose Financial bids will be eligible for opening. The result of evaluation of the
Technical Bids shall be made public on e-Procurement Portal.
6.16 Following the results of evaluation of the Technical Bid being made public, TIDCO shall notify
Bidders whose Technical Bids have been evaluated as substantially responsive as under: (a) their
Bid has been evaluated as substantially responsive to the bidding document and met the
Qualification Criteria; (b) notify them of the date and time of the online/public opening of the
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Financial bids; and (c) their Financial bid will be opened online.
6.17 The e-Procurement System automatically calculates and inserts the total Bid Price in the BOQ
Schedule on the basis of quantities provided in the BOQ Schedule. The System also
automatically populates the amount in words from the amount in figures. Therefore, there is no
scope of discrepancy and need for arithmetic correction.
6.18 During the detailed evaluation of Financial Bid, the substantial responsiveness of the Bids will be
further determined with respect to those bid conditions that were not examined in evaluation of
technical Bids, i.e., Financial Part, and Priced Bill of Quantities.
6.19 If a Bid is not substantially responsive, it will be rejected by TIDCO, and may not subsequently
be made responsive by correction or withdrawal of the non-conforming deviation or reservation.
6.20 In the next stage, the financial evaluation will be carried out. Each Financial Proposal will be
assigned a financial score (F). The evaluation committee will determine whether the Financial
Proposals are complete, unqualified and unconditional. The cost indicated in the Financial
Proposal shall be deemed as final and reflecting the total cost of services. The Financial Proposal
with lowest cost (FL) will be given a financial score (SF) of 100. The Financial Scores of other
proposal will be computed as follows:
Financial score of the bidder SF = 100 x (FL / F)
(F = Amount of Financial Proposal)
6.21 TIDCO shall compare the evaluated costs of all substantially responsive Bids established in
accordance with tender conditions to determine the Bid that has the highest score.
7. NEGOTIATIONS
7.1 Negotiations will be held at the address indicated on the Data Sheet. The aim is to reach
agreement on all points and sign a contract. Negotiations will include a discussion of the
Technical Proposal, the proposed methodology (work plan), staffing and any suggestions made
by the firm to improve the Terms of Reference. TIDCO and firm will then work out final Terms
of Reference, staffing, and charts indicating activities, staff, staff-months, logistics, and reporting.
The agreed work plan and final Terms of Reference will then be incorporated in the “Description
of Services” and form part of the contract.
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7.2 Having selected the firm on the basis of, among other things, an evaluation of proposed key
professional staff, TIDCO expects to negotiate a contract on the basis of the availability of
experts named in the Proposal. Before contract negotiations, TIDCO will require assurances that
the experts will be actually available. TIDCO will not consider substitutions during contract
negotiations unless both parties agree that undue delay in the selection process makes such
substitution unavoidable or that such changes are critical to meet the objectives of the
assignment. If this is not the case and if it is established that key staff were offered in the
proposal without confirming their availability, the consultant may be disqualified.
7.3 Negotiation will be carried with the First ranked bidder based on the decision of the authority.
The negotiations will conclude with a review of the draft form of the contract. To complete
negotiations, TIDCO and the firm will sign the agreed contract.
8. AWARD OF CONTRACT
8.1 A Letter of Award (LOA) will be issued after negotiations and the same will be notified in the e-
procurement portal.
8.2 A Letter of Award (the “LoA”) will be issued, in duplicate, by TIDCO to the successful bidder
and the successful bidder shall, within 5 (Five) days of the receipt of the LoA, sign and return the
duplicate copy of the LoA in acknowledgement thereof. In the event the duplicate copy of the
LoA duly signed by the Successful Bidder is not received within the stipulated date, TIDCO may,
unless it consents to extension of time for submission thereof, appropriate the Bid Security of
such Bidder.
8.3 Performance Security: Performance security equivalent to 3% (three percent) of the total cost of
Financial Proposal shall be furnished from a Nationalized / Scheduled Bank, within 10 working
days from the date of issue of LoA before signing of the contract, in the form of a Bank
Guarantee in the format specified. The Performance Security will be retained by TIDCO until the
completion of the Assignment by the Consultant and will be released 180 (One Hundred Eighty)
days after the successful completion of the Assignment.
8.4 Execution of Contract: The Successful Bidder shall execute the contract within 7 (seven)
days from the date of furnishing the performance security. The Successful Bidder shall not be
entitled to seek any deviation in the Contract. Reports shall be furnished periodically as
required in Milestone Payments specified in the RFP.
8.5 Commencement of Assignment: The Consultant shall commence the Services from 7 (seven)
days from the Date of signing of contract. If the Successful Bidder fails to either sign the
Contract or commence the assignment as specified herein, TIDCO may invite the second
ranked Bidder for Contract signing. In such an event, the Bid Security and/ or the Performance
Security, as the case may be, of the first ranked Bidder shall be liable to be forfeited by
TIDCO.
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9. CONFIDENTIALITY
9.1 Information relating to evaluation of proposals and recommendations concerning awards shall not
be disclosed to the consultants who submitted the proposals or to other persons not officially
concerned with the process, until the winning firm has been notified that it has been awarded the
contract.
13. MISCELLANEOUS
13.1 The Selection Process shall be governed by, and construed in accordance with, the laws of India
and the Courts at Chennai shall have exclusive jurisdiction over all disputes arising under,
pursuant to and/or in connection with the Selection Process.
13.2 TIDCO, at its sole discretion and without incurring any obligation or liability, reserves the right,
at any time, to:
i Suspend and/or cancel the Selection Process and/or amend and/or supplement the Selection
Process or modify the dates or other terms and conditions relating thereto.
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ii Consult with any Bidder to receive clarification or further information.
iii Retain any information and/or evidence submitted to TIDCO by, on behalf of and/or in
relation to any Bidder; and/or
iv Independently verify, disqualify, reject and/or accept any and all submissions or other
information and/or evidence submitted by or on behalf of any Bidder.
13.3 All documents and other information provided by TIDCO or submitted by a Bidder to TIDCO
shall remain or become the property of TIDCO. Bidders are to treat all information as strictly
confidential. TIDCO will not return any Proposal, or any information related thereto. All
information collected, analysed, processed or in whatever manner provided by the Consultant to
TIDCO in relation to the consultancy shall be the property of TIDCO.
13.4 TIDCO reserves the right to make inquiries with any of the Clients mentioned by the Bidders in
their previous experience record.
13.5 Bidders should make necessary presentations for TIDCO and Govt. of Tamil Nadu as and when
required by TIDCO.
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SECTION 3
DATA SHEET
3.1.1 Name of the Assignment: Request for proposal for selection of consultant to prepare a master
plan for establishing TN TECH City in Chennai, Tamil Nadu (the “Assignment”).
3.1.2 The name, address, and telephone numbers of TIDCO’s official is Thiru R.
Karthikeyan, Senior General Manager, Tamilnadu Industrial Development Corporation Limited,
19- A, Rukmini Lakshmipathi Salai, Egmore, Chennai – 600 008; Phone: 044- 2855 1192;
E mail: [email protected]
3.1.3 Queries raised by the prospective bidders through email and in the pre bid meeting will be
clarified during the pre-bid meeting and / or will be communicated by e-mail to all those who
have raised their queries regarding the RFP.
Milestone Date
Issue of Advertisement 07-08-2024
Last date for receipt of request for 19-08-2024
clarifications to be given at the pre bid The queries should be sent by email to the
meeting. following email address:
[email protected], [email protected]
The queries should be sent in Microsoft
word format only.
Pre-Bid meeting 3:00 PM on 23.08.2024 at the office of
TIDCO, Chennai, 600008/Virtual Bidders
who wish to attend the pre bid meeting
online are requested to send an email for the
meeting link
Last date for submission of bids 25.09.2024 at 3:00 PM
Opening of Technical Proposals 26.09.2024 at 3:00 PM
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SECTION 4
1.1. Background
TN Tech City is a visionary project of the Government of Tamil Nadu for promoting
Information Technology and other Emerging Technology sectors in State. The aim of this initiative is
to attract both global and domestic investments in various sectors, including Information Technology
(IT), IT-enabled Services (ITeS), Global Capability Centers (GCC), Fintech, Deeptech and Startups.
The Tech City is planned to provide premium office spaces along with social infrastructure as well as
residential spaces to the occupants. The project also seeks to create Centers of Excellence, Innovation
hubs, etc, with associated ICT infrastructure in line with global standards. The key highlights of TN
Tech City would be a State-of-the-art Datacenter Park and a World Class Convention Center. The
project aims to revolutionize the technology landscape of Tamil Nadu, create numerous employment
opportunities, and bolster the State's position as a thriving Technology and MICE hub.
The establishment of TN Tech City will significantly contribute to the economic development of
Tamil Nadu by fostering innovation, attracting investments, and creating new employment
opportunities. Moreover, it will reinforce TIDCO’s commitment to the Government's vision of
promoting technology-led sustainable industrial growth in the State.
1.2. Key features of TN Tech city
The proposed key features of TN Tech City are outlined below for the reference of the bidders. These
features are not exhaustive and should only be considered to gain a basic understanding of the project:
• TN Tech City is envisioned as a futuristic, self-contained, sustainable city that includes office
space, residential areas, and commercial zones, all within walking distance.
• TN Tech City would feature a state-of-the-art Datacenter Park designed to meet the growing
demands for data storage, processing, and data security, making it a critical infrastructure for
businesses, government agencies, and tech startups. The Datacenter Park will broadly cater to
o High-Performance Computing
o Scalable Storage Solutions
o Multi-Layered Security Protocols
o Disaster Recovery and Redundancy
o Energy Efficiency and Sustainability
o High-Speed Internet Access
o Support for Emerging Technologies like AI, ML, IoT, Edge Computing, etc.
• TN Tech City would feature a world class Convention Center with amenities and specifications
compatible with the “Scheme for development of MICE infrastructure” aligned with the “National
Strategy for MICE Industry”.
• TN Tech City will offer state-of-the-art, Grade A office spaces along with the necessary social
infrastructure for its occupants.
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• The city will feature modern social infrastructure such as housing, schools, hospitals, eco-parks,
sports complex and recreational areas, with integrated road and metro connectivity, uninterrupted
power and water supply, piped gas, and advanced OFC infrastructure.
• Commercial establishments in the city will include shopping malls, retail outlets, hotels, multiplex
screens, and more.
An extent of 150 acres of land has been identified in Madhavaram taluk, Chennai for
developing TN TECH city.
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SECTION 5
ELIGIBILITY CRITERIA AND EVALUATION METHODOLOGY
1.1 To be eligible for the qualification and short-listing, the Bidder shall fulfill the following
conditions of eligibility:
i. The sole bidder should be a registered legal entity recognised under the legal statute of India
including any Company, Partnership firms / LLP operating for minimum ten (10) years as
on March 31, 2024.
ii. The bidder shall not be blacklisted / debarred by any of the Central Government / State
Governments of India / Multi-Lateral Funding Agencies.
iii. The bidder should have experience of at least one similar project i.e. preparation of a
detailed master plan related to the development of Integrated Townships / Special Economic
Zones / Technology Parks / Information Technology Parks / Smart City consisting of
commercial, residential, hospitality and retail space having a minimum extent of 250 acres
with a minimum project cost (excluding land cost) of INR 250 Crores. The bidder shall meet
this criteria as a sole firm and the consultancy assignment should have been completed
within the last five (5) financial years ending 31.03.2024. This consultancy assignment
should necessarily be for a project in India.
iv. Financial Eligibility:
The average annual turnover of the bidder should not be less than INR 500 Crore during the
last three (3) financial years (i.e., 2021-22, 2022-23, 2023-24).
The proposals satisfying the above minimum eligibility criteria will only be considered
for further evaluation.
1.2 The eligible consultants shall be required to submit self-attested copies of the following
along with their Proposal:
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2. SELECTION PROCESS
Note:
The projects claimed for additional marks (i.e., Ib) should not be same as the
project claimed for fulfilling minimum qualification criteria (i.e., Ia) and not
more than 3 projects in total should be submitted. Any additional project
submitted beyond the first three projects will not be evaluated.
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- Domain Expert – 8 marks
o Minimum 12 years of experience - 6 marks
o For every additional 2 years of experience - 1 mark will be
given limited to a maximum of 2 marks.
Domain Expert should be a graduate in Engineering / Management /
Planning with specific experience in preparation of detailed Master
plan, Engineering design, Infrastructure plan, etc for Modern
Integrated Townships / Special Economic Zones / Technology Parks /
Information Technology Parks / Smart City projects.
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Note:
i. The bidder shall submit their company details, financial details, project experience
details in the Standard Forms and this shall be considered for Eligibility as per the
Qualification Criteria. Documentary proof for project experience such as work order
and completion certificates from respective clients clearly indicating the
nature/scope of work and actual date of completion for such work should be
submitted. No more than 3 projects in total should be submitted for project
experience. Proposals submitted without this documentary proof and any
additional project beyond the first three projects shall not be evaluated.
Additional support staff in sufficient numbers shall be proposed by the Bidders. The
Bidder shall also provide a detailed work plan and short CVs of support staff as
proposed for effective delivery of the Services.
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SECTION 6
TERMS OF REFERENCE
The selected Consultant will undertake but not limited to the following scope of work under the
assignment:
2. Site analysis
The consultant shall carry out an analysis of the identified site and its surroundings. The site analysis
shall include but not limited to
a. Site Configuration
b. Locational advantages
c. Hinterland Connectivity (Road, Rail, Port and Airport)
d. Condition of existing roads and traffic pattern
e. Socio-economic profile
f. Available social infrastructure
g. Existing and proposed developments in the region
h. Land use pattern, Terrain, Flood history, drainage characteristic
i. Existing utilities
j. Details of nearby water sources, power and status of availability for the project
k. Constraints in development.
l. Identify quarry and borrow material sources.
m. Identification of environmentally/ecologically sensitive areas
The consultant shall develop profile of site including physical area, location, approach, connectivity
and demographic & socio-economic profile of surrounding areas. The surrounding area shall be as per
statutory requirements if any or within a radius of 5 km (“Surrounding Area”) from the said location.
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6. Infrastructure plan and design
a. The infrastructure plan should be developed in tandem with the master plan and based on the need
assessment for the hub. The following components may form part of the infrastructure plan, which
are indicative. The Consultant based on the market demand assessment may suggest
additional/appropriate infrastructure facilities along with their demand and spatial requirements.
i. Site Grading - Consultant shall analyze the terrain features from the topographic survey data
and shall develop the site grading. Consultant shall estimate the earthwork required for site
grading and also identify the material sources.
ii. Road and Drainage - Consultant shall study the drainage characteristics of the region and
accordingly design the system to ensure that runoff from the site is effectively drained. While
finalizing the design, the consultant shall fix the invert level considering the HFL in the local
streams.
Consultant should study the present condition of the access road leading to the project site. Further
Traffic studies need to be carried out to assess the existing traffic density. Based on the
hierarchy of roads, the consultant should provide typical cross section of the roads defined in
the mater pan. The consultant should also provide the pavement designs along with typical
drawings.
iii. Water Supply system - Based on the identified source, the quality of water and the estimated
demand, the consultant should develop the water supply system for the proposed TN TECH
city. The system should cover clear water tanks, storage tanks and distribution network. The
design should conform to the Water Supply Manual standards prescribed by CPHEEO.
Consultant shall explore the usage of recycling techniques to minimize the water intake. The
designs along with technical specifications and network drawings shall be provided in the
report. Typical drawings of the clear water and service reservoir should be provided.
iv. Sewerage system - Consultant shall design the treatment system based on the estimated
wastewater from the proposed facilities. The design should conform to the specifications
prescribed in the CPHEEO Manual for Water Supply and Sewerage. The designs along with
technical specifications and network drawings shall be provided in the report.
v. Power supply - Based on the estimated power demand, the consultant shall design the power
supply system for the proposed TN TECH city. The design should cover the details for drawing
the power from the identified substation to the proposed facility, distribution system and its
supporting facilities. The design should be supported with necessary technical specifications
along with network drawings.
vi. Social Infrastructure - The consultant shall prepare the conceptual design for the social
infrastructure with well-planned living spaces and associated amenities like parks, sports
facilities, malls, schools, hospitals etc with efficient self-contained, self-sustainable with green
buildings, green transportation and green connectivity.
b. The infrastructure plan should comprise of both internal and external infrastructure facilities
required for TN TECH city.
c. The Consultant should also incorporate environmentally sustainable practices in the planning and
design of infrastructure and common facilities to enable TN TECH city to meet the requirements of
a green hub.
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d. The consultant shall address the compliance requirements of the statutory approvals which are
applicable for design stage while preparing the report.
e. The consultant should provide typical sketches / layout for the above facilities. Detailed
engineering design and drawings are not required for this TEFR.
7. Cost estimates
Consultant shall prepare cost estimates of various infrastructure facilities/components required for
developing the project. The cost for developing external infrastructure as per the respective
design/specifications required for the project shall also be estimated. Standard schedule of rates shall
be used for estimating the cost.
8. Proposed Deliverables, Timeframe and Payment Terms
Proposed deliverables and timeframe for the study are provided in the following table.
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SECTION 7
STANDARD FORMS
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7A. TECHNICAL PROPOSAL SUBMISSION FORM
[Location, Date]
From: (Name of Firm) To: (Name and Address of TIDCO)
Sir/Ma’am:
Subject: Appointment of consultant to prepare a Master Plan for establishing TN TECH City
in Chennai, Tamil Nadu - submission of technical proposal.
We confirm that our Proposal is valid for a period of 180 days from ________________(insert
Proposal Submission Date).
We hereby certify and confirm that in the preparation and submission of our Proposal, we have not
acted in concert or in collusion with any other Bidder or other person(s) and also not done any act,
deed or thing which is or could be regarded as anti-competitive.
We understand you are not bound to accept any Proposal you receive.
Yours sincerely,
Authorized
Signature:
Name and Title of Signatory:
Name of Firm:
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7B. FORMAT FOR POWER OF ATTORNEY FOR AUTHORIZED SIGNATORY1
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in
exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.
For …………………………..
(Signature, name, designation and address)
Witnesses:
1.
(Notarised)
2.
Accepted
……………………………
(Signature)
1 To be submitted in original.
P a g e 32 | 51
Notes:
▪ The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed
in accordance with the required procedure.
▪ Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of
attorney in favour of the person executing this Power of Attorney for the delegation of
power hereunder on behalf of the Bidder.
▪ For a Power of Attorney executed and issued overseas, the document will also have to
be legalised by the Indian Embassy and notarised in the jurisdiction where the
Power of Attorney is being issued. However, the Power of Attorney provided by Bidders
from countries that have signed the Hague Legislation Convention 1961 are not
required to be legalised by the Indian Embassy if it carries a conforming Apostille
certificate.
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7C. FORMAT FOR SUBMISSION OF INFORMATION ABOUT THE CONSULTANT
P a g e 34 | 51
• Copy of audited annual financial statements including Balance Sheet and Profit &
Loss Account statement of the firm for the last three (3) financial years.
• Auditor’s certificate to verify the annual average turnover for the last three
financial years in the following format.
This is to certify that (NAME OF THE CONSULTANTS) has received the payments shown
above against the respective years on account of fees from professional advisory services
excluding audit and tax services.
Date:
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7D. FORMAT TO DEMONSTRATE TECHNICAL ELIGIBILITY
(To be filled, signed and attached)
description of
Transaction
Completion
Assignment
Name of the
Name of the
(From-To)
Date of
A brief
the job
Location,
Period
Client
Country
no.
Sl.
of
1
Note: Projects submitted without necessary documentary proof and any additional project
beyond the first three projects shall not be evaluated.
36 | P a g e
7E. FORMAT FOR PROVIDING EXPERIENCE OF THE CONSULTANT FOR
TECHNICAL EVALUATION
Similar Projects carried out in the last five (5) financial years
(Using the format below, provide information on each reference assignment for which your
firm/entity, was legally contracted.)
Name of Senior Staff (Project Director/Coordinator, Team Leader) involved, and functions
performed:
Narrative Description of Project including project cost and land area:
Description of Actual Services Provided by Your Staff:
Note: Work order / contract agreement along with completion certificates from client shall be
submitted along with the reference.
37 | P a g e
7F. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR
PERFORMING THE ASSIGNMENT (WITH DETAILED WORK
SCHEDULE)
38 | P a g e
7G. TEAM COMPOSITION AND TASK ASSIGNMENT
1.
2.
3.
4.
1. Support Staff
1.
2.
3.
4.
5.
39 | P a g e
7H. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF
1. Name
2. Position
Photo of the 3. Date of Birth
Expert 4. Education
5.Employment
Record
6. Total Years
of Experience
7. Years of
Experience
Relevant to the
proposed
role
8.Brief Profile
9.Languages
10. Work Undertaken that Best Illustrates Capability to Handle the Task
Assigned
Name of assignment of project:
Year: From: To:
Location:
Client:
Main project features:
Positions held:
Activities performed:
40 | P a g e
7I. FINANCIAL PROPOSAL SUBMISSION FORM
Note: The e-Procurement System automatically calculates and inserts the total Bid Price in the BOQ
Schedule on the basis of (i) the rates entered by the Bidder in the BOQ Schedule online and (ii)
quantities provided in the BOQ Schedule. The System also automatically populates the amount in
words from the amount in figures. Therefore, there is no scope of discrepancy and need for
arithmetic correction
41
7J. FORMAT OF PERFORMANCE SECURITY IN THE FORM OF UNCONDITIONAL BANK
GUARANTEE
To
Managing Director
Tamilnadu Industrial Development Corporation Limited
19-A, Rukmini Lakshmipathi Salai, Egmore, Chennai – 600 008
In consideration of Tamil Nadu Industrial Development Corporation Limited (hereinafter referred as the
“Client”, which expression shall, unless repugnant to the context or meaning thereof, include its
successors, administrators and assigns) having awarded to the M/s ……………….., having its office at
……………….. (hereinafter referred as the “Consultant” which expression shall, unless repugnant to the
context or meaning thereof, include its successors, administrators, executors and assigns), vide the
Client’s Letter of Award no. ………………. dated ……………….. and the Contract to be executed for
Rs. ……………….. (Rupees ………………..), (hereinafter referred to as the “Contract”) Consulting
Services ………………………………………………and the Consultant having agreed to furnish a
Bank Guarantee amounting to Rs. ……………….. (Rupees ………………..) to the Client for
performance of the said Contract. We, ……………….. (hereinafter referred to as the “Bank”) at the
request of the Consultant do hereby undertake to pay to the Client an amount not exceeding Rs.
………………… (Rupees …………………. )against any loss or damage caused to or suffered or would
be caused to or suffered by the Client by reason of any breach by the said Consultant of any of the terms
or conditions contained in the said Contract.
We, ……………….. (indicate the name of the Bank) do hereby undertake to pay the amounts due and
payable under this Guarantee without any demur, merely on a demand from the Client stating that the
amount/claimed is due by way of loss or damage caused to or would be caused to or suffered by the
Client by reason of breach by the said Consultant of any of the terms or conditions contained in the said
Contract or by reason of the Consultant’s failure to perform the said Contract. Any such demand made
on the bank shall be conclusive as regards the amount due and payable by the Bank under this
Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding
Rs. ……………….. (Rupees …………………..).
We, ……………….. (indicate the name of Bank) undertake to pay to the Client any money so
demanded notwithstanding any dispute or disputes raised by the Consultant in any suit or proceeding
pending before any court or tribunal relating thereto, our liability under this present being absolute and
unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for
payment thereunder and the Consultant shall have no claim against us for making such payment.
We, ……………….. (indicate the name of Bank) further agree that the Guarantee herein contained shall
remain in full force and effect during the period that would be taken for the performance
42
of the said Contract and that it shall continue to be enforceable till all the obligations of the Client under
or by virtue of the said Contract have been fully paid and its claims satisfied or discharged or till the
Client certifies that the terms and conditions of the said Contract have been fully and properly carried
out by the said Consultant and accordingly discharges this Guarantee. Unless a demand or claim under
this Guarantee is made on us in writing on or before a period of twelve (12) months from the date of this
Guarantee, we shall be discharged from all liability under this Guarantee thereafter.
We, ………………… (indicate the name of Bank) further agree with the Client that the Client shall
have the fullest liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said Contract or to extend time of performance
by the said Consultant from time to time or to postpone for any time or from time to time any of the
powers exercisable by the Client against the said Consultant and to forbear or enforce any of the terms
and conditions relating to the said Contract and we shall not be relieved from our liability by reason of
any such variation, or extension being granted to the said Consultant or for any forbearance, act or
omission on the part of the Client or any indulgence by the Client to the said Consultant or any such
matter or thing whatsoever which under the law relating to sureties would, but for this provision, have
the effect of so relieving us.
This Guarantee will not be discharged due to the change in the constitution of the Bank or the
Consultant(s). We, ……………….. (indicate the name of Bank) lastly undertake not to revoke this
Guarantee during its currency except with the previous consent of the Client in writing.
For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to Rs. *** *
(Rupees ***** ) only. The Bank shall be liable to pay the said amount or any part thereof only if the
Client serves a written claim on the Bank in accordance with paragraph 2 hereof, on or before [***
(indicate date falling 365 days after the date of this Guarantee)].
For ..............................................................
Name of Bank:
Seal of the Bank:
Dated, the ………. day of ………., 2024.
43
7K. DRAFT CONTRACT
Contract to prepare a detailed master plan for establishing TN TECH City in Chennai, Tamil Nadu .
This CONTRACT (“Contract”) is executed at Chennai on this __ __ day of 2024 by and between
Tamilnadu Industrial Development Corporation Limited (TIDCO), PAN No:AAACT3409P (hereinafter will be
referred as the “Client” which expression shall include their respective successors and permitted assigns) having
their office at 19-A, Rukmini Lakshmipathy Salai, Egmore, Chennai 600 008, is Party of First Part
and
M/s(Other Party name and details),PAN No: (hereinafter will be referred to as the “Consultant” which
expression shall include their respective successors and permitted assigns) having their office located at (Other
party Office Address)is Party of Second Part
The above-mentioned parties of the FIRST and SECOND part, are collectively referred to as the “Parties” and
each is individually referred to as a “Party”.
WHEREAS
(A) The client floated a tender to prepare a detailed master plan for establishing TN TECH City in
Chennai, Tamil Nadu.
(B) The Consultant submitted its proposals for the aforesaid work, whereby the Consultant
represented to the Client that it had the required professional skills, and in the said proposals the Consultant
also agreed to provide the services to the Client on the terms and conditions as set forth in the Letter of
Invitation and the Terms of Reference and this Contract.
(C) The Client, on acceptance of the aforesaid proposal of the Consultant, awarded the assignment to
the Consultant vide its Letter of Award dated bearing number (The letter of Award
Details)(the “LOA”); and
(D) In pursuance of the LOA and RFP the consultant had provided Bank Guarantee on ………. (Date)
The parties have agreed to execute this Contract for the better understanding.
NOW, THIS DEED WITNESSETH and the Parties do hereby agree as follows:
1. Set out below are the terms and conditions under which the Consultant has agreed to carry out for Client the
below-mentioned assignment specified in the attached Terms of Reference.
2. For administrative purposes (Name of TIDCO Officer) has been assigned to administer the assignment and
to provide Consultant with all relevant information needed to carry out the assignment. The services will be
required in (Name of Project) for about _________ months, from _______ to _______.
44
3. The Client may find it necessary to postpone or cancel the assignment and/or shorten or extend its duration.
In such a case, every effort will be made to give you, as early as possible, notice of any changes.
4. The services to be performed, the estimated time to be spent, and the reports to be submitted will be in
accordance with the attached Description of Services.
5. This Contract, its meaning and interpretation and the relation between the parties shall be governed by the
laws of Union of India
6. This Contract will become effective upon confirmation of this Contract on behalf of the Consultant (i.e. on
) and will terminate on ( ), or such other date as mutually agreed between the Client and the Consultant or
till the date of completion of the assignment.
7. Payments for the services will not exceed a total amount of Rs. (in words) inclusive of GST. (The “Contract
Value”). The Client will pay the Consultant, within 3 (three) weeks of receipt of invoice after approval of the
report, which is as follows:
8. The Consultants will be responsible for appropriate insurance coverage. In this regard, the Consultant shall
maintain workers compensation, employment liability insurance for their staff on the assignment. The
Consultants shall also maintain comprehensive general liability insurance, including contractual liability
45
coverage adequate to cover the indemnity of obligation against all damages, costs, and charges and expenses
for injury to any person or damage to any property arising out of, or in connection with, the services which
result from the fault of the Consultants or its staff. The risks and the coverage shall be as follows:
9. The Consultants shall also indemnify and hold harmless the Client against any and all claims with respect to
loss of profit, data or goodwill, or any other consequential, incidental, indirect, punitive or special damages
in connection with claims, demands, and/or judgments of any nature brought against the Client arising out of
gross negligence of the Consultants in the provision of services under this Contract. The liability of the
Consultants under any circumstance shall not exceed _________time of the Contract Value or fee paid to the
Consultant, whichever, is lesser. However, this limitation on liability shall not apply to the losses or damages
caused on the Consultant’s fraud or wilful misconduct and liability in this case shall be actual as determined
by the Good Industry Practice/Applicable law. The obligation under this paragraph shall survive the
termination of this Contract.
10. The Consultants shall mobilize the key personnel as per the details provided in (to be mentioned, the
Section/annexure according to RPF). Team composition and Task Assignment under (to be mentioned, the
Section/annexure according to RPF). The Consultants shall meet the Client with all the key personnel, as
proof of mobilization and commence work immediately from the date of signing of contract Contract.
Failing to comply with this will be considered as non-mobilization of key personnel and the Client reserves
the right to cancel the consultancy work as non-mobilization of key personnel.
11. The Performance Security (Bank Guarantee) will be released to the Consultant only upon reviewing that the
consultant has successfully completed the assignment. The validity of performance security shall be
extended in accordance with the extension of Contract Period. If the project is not completed within the
scheduled time, then the Consultant shall extend the validity of the Performance Security (Bank Guarantee)
for the required period as informed by client, failing which the Performance Security shall be forfeited.
12. The Client shall have the right to invoke and appropriate the proceeds of the Performance Security, in whole
or in part, without notice to the Consultant in the event of a breach of the work assigned in the RFP and the
finalized Contract.
13. All plans, drawings, specifications, designs, reports, and other documents or software submitted by the
Consultants in the performance of the services shall become and will remain the property of the Client. The
46
Consultants may retain a copy of such documents but shall not use them for purposes unrelated to this
Contract without the prior written approval of the Client.
14. The Consultant shall undertake to carry out the assignment in accordance with the highest standard protocol
of professionalism, ethical competence and integrity, having due regard to the nature and purpose of the
assignment, and to ensure that the staff assigned to perform the services under this Contract, will also
conduct themselves in an appropriate manner consistent herewith.
15. The Consultant will not assign this Contract or sub-contract or any portion of it without the Client’s prior
written consent.
16. The Consultants shall pay the taxes, duties fee, levies and other impositions levied under the Applicable law
and the Client shall perform such duties, in regard to the deduction of such tax, as may be lawfully imposed.
17. The Consultants also agree that all knowledge and information which is not specified within the public
domain, which may be acquired to carry out this Contract, over the course of time shall be, for all time and
for all purposes, regarded as strictly confidential and held in confidence, and shall not be directly or
indirectly disclosed to any person whatsoever, except with the Client’s written permission. Confidential
information does not include any information which:
The RFP and the Proposal are incorporated and the same shall be read as part & parcel of this Contract.
Consultant shall be obligated to meet all specifications described in the RFP and the Proposal pertaining to the
Work and any written clarification thereto accepted by Client.
47
19. TERMINATION:
This Contract may be terminated by either Party as per provisions set up below:
I. By the Client:
a) The Client may terminate this Contract at least thirty (30) calendar days written notice of termination to
the Consultant on of the following;
i) If the consultant fails to deliver the said job within the stipulated time of 6 months.
ii) In the event of non-performance/ or unsatisfactory performance delivered by the Consultant
iii) If the consultant has been found to have made any false or fraudulent declaration or statement to get
the Contract or he is found to be indulging in unethical or unfair practices.
iv) If the Consultant fails to remedy a failure in the performance of its obligations hereunder, as
specified in a notice of suspension;
v) If the Consultant becomes (or, if the Consultant consists of more than one entity, if any of its
members becomes) insolvent or bankrupt or enter into any Contracts with their creditors for relief of
debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership
whether compulsory or voluntary;
vi) If the Consultant fails to comply with any final decision reached as a result of arbitration
proceedings;
vii) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract;
b) If the Consultant fails to confirm the availability of Key Experts as required as per ToR. Furthermore, if
the Client determines that the Consultant has engaged in Fraud and Corruption in competing for or in
executing the Contract, then the Client may, after giving fourteen (14) calendar days written notice to the
Consultant, terminate the Consultant's employment under the Contract.
c) If, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services
for a period of not less than sixty (60) calendar days;
The Consultant may terminate this Contract, by not less than thirty (30) calendar days written notice to the
Client, in case of the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause.
a) If the Client fails to pay any money due to the Consultant pursuant to this Contract and is not subject to
the dispute within forty-five (45) calendar days after receiving written notice from the Consultant that
such payment is overdue.
b) If, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services
for a period of not less than sixty (60) calendar days.
c) If the Client fails to comply with any final decision reached as a result of arbitration.
48
d) If the Client is in material breach of its obligations pursuant to this Contract and has not remedied the
same within forty-five (45) days (or such longer period as the Consultant may have subsequently
approved in writing) following the receipt by the Client of the Consultant’s notice specifying such breach.
a) Upon termination of this Contract by notice of either Party to the other, the Consultant shall, immediately
upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a
prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose
to a bare minimum. Upon termination of this Contract, the Client shall make the payments to the
Consultant for Services satisfactorily performed prior to the effective date of termination.
b) The Consultant agrees that, during the course of this Contract and after its termination, the Consultant and
any other entity affiliated with the Consultant, shall be disqualified from providing goods, works or
services (other than the Services and any continuation thereof) for any future project resulting from or
closely related to the services.
If, at any time, during the pendency of the contract, the performance in whole or in part, by either party is
prevented or delayed by war, strike, riot, crime or due to any act of God such as hurricane, flooding, earthquake,
volcanic eruption beyond the control of both the parties such as war, strike, insurrection, riot, earthquake, storm,
flood, fire which are beyond the control of either party (hereinafter referred to as 'eventualities'), then provided
notice of the happening of any such eventuality is given by either party to the other within 15 days from the date
of occurrence thereof, neither party shall by reason of such eventuality be entitled to terminate this contract nor
shall either party have any claim for damages against the other in respect of such non-performance or delay in
performance and work under this contract shall be resumed as soon as practicable after such eventuality has
come to an end or ceased to exist and the decision of TIDCO as to when the work has to be resumed shall be
final and conclusive. The time of completion shall then be extended by a period equal to the period during which
the eventuality was prevailing. In case of persisting delay of more than 60 days both the parties may consult each
other and arrive at an appropriate decision regarding continuation or otherwise of the Contract.
In the event of delays in submission of the deliverables on Timeframe prescribed for the proposed
Deliverables, a penalty will be levied at the rate of (2%) of the Awarded Lump sum Fees per week or part thereof
of delay, subject to a maximum of Ten Percent (10%) of the Awarded Lump sum Fees.
49
23. Conflict Of Interests:
a) The Consultant shall hold the Client’s interests paramount, without any consideration for future work, and
strictly avoid conflict with other assignments or their own corporate interests.
b) Consultant Not to Benefit from Commissions, Discounts, etc.: The payment of the Consultant shall
constitute the Consultant’s only payment in connection with this Contract, the Consultant shall not accept
for its own benefit any trade commission, discount or similar payment in connection with activities
pursuant to this Contract or in the discharge of its obligations hereunder, and the Consultant shall use its
best efforts to ensure that the Experts and agents of them, similarly shall not receive any such other
additional payment.
c) Furthermore, if the Consultant, as part of the Services, has the responsibility of advising the Client on the
procurement of goods, works or services, the Consultant shall comply with the TT Act, and shall at all
times exercise such responsibility in the best interest of the Client.
d) Consultant and Affiliates Not to Engage in Certain Activities: The Consultant agrees that, during the term
of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant,
shall be disqualified from providing goods, works or non-consulting services resulting from or directly
related to the Consultant’s Services for the preparation or implementation of the Project.
e) Prohibition of Conflicting Activities: The Consultant shall not engage, and shall cause its experts not to
engage, either directly or indirectly, in any business or professional activities that would conflict with the
activities assigned to them under this Contract.
f) Strict Duty to Disclose Conflicting Activities: The Consultant has an obligation and shall also ensure that
its Experts shall have an obligation to disclose any situation of actual or potential conflict that impacts
their capacity to serve the best interest of their Client, or that may reasonably be perceived as having this
effect. Failure to disclose said situations may lead to the disqualification of the Consultant or the
termination of its Contract.
24. Confidentiality: Except with the prior written consent of the Client, the Consultant, and the Experts shall
not at any time communicate to any person or entity any confidential information acquired in the course of
the Services, nor shall the Consultant and the Experts make public the recommendations formulated in the
course of, or as a result of, the services.
25. Accounting, Inspection, and Auditing: The Consultant shall keep accurate and systematic accounts and
records in respect of the Services and in such form and detail as will clearly identify relevant time changes
and costs. The Consultant shall permit, the Client and/or persons appointed by the Client to inspect the Site
and/or all accounts and records relating to the performance of the Contract and the submission of the
Proposal to provide the Services, and to have such accounts and records audited by auditors appointed by the
Client if requested by the Client.
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26. SETTLEMENT OF DISPUTES:
A. Amicable Settlement: The Parties shall use their best efforts to settle amicably all disputes arising
out of or in connection with this Contract or the interpretation thereof.
B. Any dispute arising out of the Contract, which cannot be amicably settled between the Parties, shall
be referred to adjudication/arbitration in accordance with the Arbitration & Conciliation Act 1996
and its updates thereon. The place of arbitration shall be in Chennai.
C. Miscellaneous. In any arbitration proceeding hereunder:
a) Proceedings shall, unless otherwise agreed by the Parties, be held in Chennai.
b) The English language shall be the official language for all purposes;
c) The decision of the sole arbitrator or of a majority of the arbitrators (or of the third arbitrator
if there is no such majority) shall be final and binding and shall be enforceable in a court of
competent jurisdiction (Chennai), and the Parties hereby waive any objections to or claims of
immunity in respect of such enforcement.
Place:
Date:
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