Bundelkhand Industrial Development Authority

International Competitive Bidding (ICB)

Request for Proposal

for

Hiring a Consultant for Preparation of Vision Document & Master Plan

2045 for Bundelkhand Industrial Development Authority (BIDA)

Issued by:

Bundelkhand Industrial Development Authority

First floor, Pahariya guest house,
Irrigation department, Mata Tila Colony,
Jhansi, Uttar Pradesh
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

Disclaimer

1. This RFP document is neither an agreement nor an offer by the Bundelkhand Industrial Development
Authority (BIDA) to the prospective Applicants or any other person. The purpose of this RFP is to provide
information to the interested parties that may be useful to them in the formulation of their proposal pursuant
to this RFP.
2. BIDA does not make any representation or warranty as to the accuracy, reliability or completeness of the
information in this RFP document and it is not possible for BIDA to consider particular needs of each party
who reads or uses this RFP document. This RFP includes statements which reflect various assumptions
and assessments arrived at by BIDA in relation to the consultancy. Such assumptions, assessments and
statements do not purport to contain all the information that each Applicant may require. Each
prospective Applicant should conduct its own investigations and analyses and check the accuracy,
reliability and completeness of the information provided in this RFP document and obtain independent
advice from appropriate sources.
3. BIDA will not have any liability to any prospective Consultancy Company/ Firm or any other person under
any laws (including without limitation the law of contract, tort), the principles of equity, restitution or unjust
enrichment or otherwise for any loss, expense or damage may arise from or be incurred or suffered in
connection with anything contained in this RFP document, any matter deemed to form part of this RFP
document, the award of the Assignment, the information and any other information supplied by or on behalf
of BIDA or their employees, any consultants or otherwise arising in any way from the selection process for
the Assignment. BIDA will also not be liable in any manner whether resulting from negligence or otherwise
however caused arising from reliance of any Applicant upon any statements contained in this RFP.
4. BIDA will not be responsible for any delay in receiving the proposals. The issue of this RFP does not imply
that BIDA is bound to select an Applicant or to appoint the Selected Applicant, as the case may be, for the
consultancy and BIDA reserves the right to accept/reject any or all of proposals submitted in response to
this RFP document at any stage without assigning any reasons whatsoever. BIDA also reserves the right
to withhold or withdraw the process at any stage with intimation to all who submitted the RFP Application.
5. The information given is not an exhaustive account of statutory requirements and should not be regarded
as a complete or authoritative statement of law. BIDA accepts no responsibility for the accuracy or
otherwise for any interpretation or opinion on the law expressed herein.
6. BIDA reserves the right to change/ modify/ amend any or all provisions of this RFP document. Such
revisions to the RFP/ amended RFP will be made available on the website of BIDA OR
www.etender.up.nic.in

1
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

BIDA
Buldelkhand Industrial Development Authority

International Competitive Bidding (ICB)

REF: 162/MKA/BIDA/2023-24

Request for Proposal (RfP) for “ Hiring a Consultant for

Preparation of Vision Document & Master Plan 2045 for
Bundelkhand Industrial Development Authority (BIDA)”

The Government of UP has envisaged the development of

Bundelkhand Development Authority to achieve accelerated
development and balanced regional industry agglomeration in the
state of Uttar Pradesh.

Online tenders through e-procurement are invited by Uttar Pradesh

State Industrial Development Authority from interested bidders for
“Hiring a Consultant for Preparation of Vision Document &
Master Plan 2045 for Bundelkhand Industrial Development
Authority (BIDA)”. The salient features of the project, eligibility
criteria and prescribed formats for submission can be accessed
in the RfP document uploaded on the website:
www.etender.up.nic.in

Buldelkhand Industrial Development

Authority
First floor, Pahariya guest house,
Irrigation department, Mata Tila Colony,
Jhansi, Uttar Pradesh

2
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

`Contents

1 Data Sheet .................................................................................................................................................. 5

2 Instructions to Bidders ................................................................................................................................ 6
2.1 Introduction ......................................................................................................................................... 6
2.2 Background.......................................................................................................................................19
2.3 Concept & Objectives .......................................................................................................................19
2.4 Location and Linkages ......................................................................................................................20
2.5 Scope of services .............................................................................................................................21
3 Qualification Criteria: ................................................................................................................................25
3.1 Pre-qualification criteria ....................................................................................................................26
3.2 Technical Evaluation Criteria: ...........................................................................................................27
4 Human Resource ......................................................................................................................................30
4.1 Handholding Support till the approval of Master Plan ......................................................................33
4.2 Deliverable and Payment Milestones ...............................................................................................33
5 Standard Forms – Technical Proposal .....................................................................................................36
5.1 Form 3A: Proposal Submission Form ..............................................................................................36
5.2 Form 3B: Format for Eligible Projects ..............................................................................................39
5.3 Form 3C: Format for Average Annual Turnover of Applicant: ..........................................................40
5.4 Form 3D: Format for Power of Attorney for Authorized representative ............................................41
5.5 Form 3E: Format of Bank Guarantee for Bid Security .....................................................................42
5.6 Form 3F: Description of Approach, Methodology and Work Plan for Performing the Assignment ..44
5.7 Form 3G: Team Composition and Task Assignments .....................................................................45
5.8 Form 3H: Curriculum Vitae (CV) for Proposed Professional Staff (with one page of summary of
experience) ...................................................................................................................................................46
5.9 Form 3I: Staffing Schedule ...............................................................................................................48
5.10 Form 3J: Work Schedule ..................................................................................................................49
6 Standard Forms- Financial Proposal ........................................................................................................50
6.1 Form 4A: Financial Proposal Submission Form ...............................................................................51
6.2 Form 4B - Summary of Costs ...........................................................................................................52
6.3 Form 4C - Breakdown of Costs ........................................................................................................53
6.4 Form 4D - Breakdown of Remuneration ...........................................................................................54
6.5 Form 4E - Out of Pocket Expenses ..................................................................................................55
7 Form 5- Declaration ..................................................................................................................................56
8 Form 6- Declaration ..................................................................................................................................57
9 General Conditions of Contract ................................................................................................................58
9.1 General provisions ............................................................................................................................58
9.2 Commencement, completion, modification and termination of contract ..........................................61
9.3 Termination .......................................................................................................................................61

3
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
9.4 Obligations of the Consultants..........................................................................................................63
9.5 Consultants’ personnel .....................................................................................................................64
9.6 Obligations of the client ....................................................................................................................65
9.7 Payments to the consultants ............................................................................................................65
9.8 Settlement of disputes ......................................................................................................................66
9.9 Responsibility for accuracy of project documents ............................................................................66
9.10 Liquidated damages .........................................................................................................................66
9.11 Representation, warranties and disclaimer ......................................................................................67
9.12 Miscellaneous ...................................................................................................................................67
10 Special Conditions of Contract .............................................................................................................69
10.1 (f) The contract price payable in Indian Rupees is (exclusive of GST). ...........................................69
10.2 (j) The Member in-charge is [name of consultant]. ...........................................................................69
10.3 (n) Performance security ..................................................................................................................69
10.4 The language is English. ..................................................................................................................69
10.5 The client address is [name, designation, telephone, facsimile, address]. ......................................69
10.6 The consultant address is [name, designation, telephone, facsimile, address]. ..............................69
10.7 The Authorized Representative for the consultant is [name, designation]. ......................................69
10.8 The Authorized Representative for the consultant is [name, designation]. ......................................69
10.9 For domestic consultants/personnel and foreign consultants/personnel who are permanent
residents in India The Consultants and the personnel shall pay the taxes, duties, fees, levies/expenses
and other impositions levied under the existing, amendedor enacted laws during life of this contract and
the Client will perform such duties in regard to the deduction of such tax as may be lawfully imposed. The
Consultant will be paid by BIDA only GST over and above the cost of Financial Proposal. All other
applicable taxes, levies, duties, etc., if any, shall be borne by Consultant. .................................................69
10.10 The date on which this Contract will come into effect is [date]. ....................................................69
10.11 The duration of assignment shall be 36 (Thirty Six months) months and with option to extend the
contract duration with mutual written agreement. ........................................................................................69
10.12 Limitation of the Consultants’ Liability towards the Client ............................................................69
10.13 Risks and coverage ......................................................................................................................69
10.14 Dispute settlement: If any dispute or difference of any kind whatsoever arises between the
parties in connection with or arising out of or relating to or under this Contract, the parties shall promptly
and in good faith negotiate with a view to its amicale resolution and settlement. In the event no amicable
resolution or settlement is reached within a period of thirty (30) days from the date on which the above-
mentioned dispute or difference arose, such dispute or difference shall be finally settled by arbitration. The
arbitral tribunal shall consist of a sole arbitrator appointed by mutual agreement of the parties. In case of
failure of the parties to mutually agree on the name of a sole arbitrator, the arbitral tribunal shall consist of
three arbitrators. Each party shall appoint one arbitrator and the two arbitrators so appointed shall jointly
appoint the third arbitrator. The seat of arbitration shall be Lucknow and the arbitration shall be conducted
in the English language. The Arbitration and Conciliation Act, 1996 shall govern the arbitral proceedings.
The award rendered by the arbitral tribunal shall be final and binding on the parties. ................................70

4
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

1 Data Sheet

Name of the Bid Hiring a Consultant for Preparation of Vision Document &
1 Master Plan 2045 for Bundelkhand Industrial Development
Authority (BIDA)
2 Time-period of contract 10 months (milestone-based engagement)
3 Method of selection Quality-cum-Cost Based Selection (QCBS) (80:20)

4 Bid Processing Fee INR 50000 (Indian rupees Fifty thousands only)
5 Earnest Money Deposit (EMD) INR 2500000 (Indian rupees twenty five Lakh only)

Financial Bid to be submitted Yes

6
together with Technical Bid
Mr. Praveen Verma, ACEO
Name of the Authority’s official for
First floor, Pahariya guest house,
addressing queries and
Irrigation department, Mata Tila Colony,
7 clarifications Jhansi
Email- [email protected]
Contact no.- 7839027168

8 Proposal Validity Period 180 days from Proposal Due Date

Schedule of Bidding Process

Task Key Dates

Bid upload date/time 07th Feb 2024

Bid Start Date 07th Feb 2024

Last date of receiving queries 14th Feb 2024

Pre-bid conference 20th Feb 2024

9
Bid End Date 08th Mar 2024 till 04:00 PM

Opening of Technical Bids 08th Mar 2024 at 04:30 PM

Technical presentation 11th Mar 2024

Opening of Financial Bid 16th Mar 2024

Issuance of Letter of Award (LOA) 16th Mar 2024

Signing of Agreement To be communicated at a later stage

10 Consortium to be allowed No

11 Sub-contracting is allowed No

5
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

2 Instructions to Bidders
2.1 Introduction

(i) The Client named in the data sheet will select a consulting firm/ organization (the Consultant), in
accordance with the method of selection specified in the data sheet. Applicants are advised that the
selection of Consultant shall be on the basis of an evaluation by Client through the selection process
specified in this RFP(the “Selection Process”). Applicants shall be deemed to have understood and
agreed that no explanation or justification for any aspect of the Selection Process will be given and
that Client’s decisions are without any right of appeal whatsoever.
(ii) The Applicants shall submit the proposals online through Uttar Pradesh e- Procurement Portal i.e.
www.etender.up.nic.in. Bid proposals received in the manual form at the client’s address will not be
accepted.
(iii) The term “Applicant” refers to a single entity or the group of entities coming together to execute the
assignment. The Proposal will form the basis for contract signing with the selected Consultant.
(iv) The Applicant shall submit the Proposal in the form and manner specified in this RFQ CUM RFP. It is
the responsibility of the Bidder to submit the bid before the last date and time on the online portal, and
BIDA shall not be responsible for any delay due to any of the technical/server issues.
(v) The Proposal shall be submitted as per the forms given in relevant sections herewith. Upon selection,
the Applicant shall be required to enter into a contract with the Client in the form specified in this
RFP(the “Contract”).
(vi) Applicants should familiarize themselves with local conditions and take them into account in preparing
their Proposals.
(vii) The Client will timely provide, at no cost to the Consultants, the inputs and facilities required to carry
out the services, and provide relevant project data and reports related to the Assignment available with
the Client. However, for avoidance of doubt, it is hereby clarified that the aforesaid data/ information
provided under the RFP or to be provided later, is only indicative and solely for the purposes of
rendering assistance to the Applicants towards preparation of their Proposals. The Applicants are
hereby advised to undertake their own due diligence (to their complete satisfaction) before placing
reliance on any such data/information furnished or to be provided later by the Client and/ or any of his
consultants.
(viii) Applicants shall bear all costs associated with the preparation and submission of their proposals, and
their participation in the Selection process, and presentation including but not limited to postage,
delivery fees, expenses associated with any demonstrations or presentations which may be required
by Client or any other costs incurred in connection with or relating to its Proposal. The Client is not
bound to accept any Proposal, and reserves the right to annul the selection process at any time prior
to Contract award, without thereby incurring any liability to the Applicants.
(ix) Client requires that the Consultant provides professional, objective, and impartial advice and at all
times hold Client’s interests’ paramount, avoid conflicts with other assignments or its own interests,
and act without any consideration for future work.

The Consultant shall not accept or engage in any assignment that may place it in a position of not
being able to carry out the assignment in the best interests of Client and the Project.

(x) It is the Client’s policy to require that the Consultants observe the highest standard of ethics during the
Selection Process and execution of such contracts. In pursuance of this policy, the Client:
1. defines, for the purposes of this provision, the terms set forth below as follows:
a) “Corrupt practice” means the offering, giving, receiving, or soliciting anything of value to influence
the action of officials in the Selection Process or in contract execution; and
b) “Fraudulent practice” means a misrepresentation of facts in order to influence the selection
process or the execution of a contract in a way which is detrimental to the Client, and includes
collusive practices among consultants (prior to or after submission of proposals) designed to
establish prices at artificial, non-competitive levels and to deprive the Client of the benefits of free
and open competition.
2. will reject the Proposal for award if it determines that the Applicant has engaged in
corrupt or fraudulent activities in competing for the contract in question.

3. will declare an Applicant ineligible, either indefinitely or for a stated period of time, to be
awarded a contract if it at any time determines that the Applicant has engaged in corrupt
or fraudulent practices in competing for and in executing the contract.

6
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
(xi) Arbitration: If any dispute or difference of any kind whatsoever arises between the parties in
connection with or arising out of or relating to or under this RFQ CUM RFP, the parties shall promptly
and in good faith negotiate with a view to its amicable resolution and settlement. In the event no
amicable resolution or settlement is reached within a period of thirty (30) days from the date on which
the above-mentioned dispute or difference arose, such dispute or difference shall be finally settled
by arbitration. The arbitral tribunal shall consist of a sole arbitrator appointed by mutual agreement
of the parties. In case of failure of the parties to mutually agree on the name of a sole arbitrator, the
arbitral tribunal shall consist of three arbitrators. Each party shall appoint one arbitrator and the two
arbitrators so appointed shall jointly appoint the third arbitrator. The seat of arbitration shall be
Lucknow and the arbitration shall be conducted in the English language. The Arbitration and
Conciliation Act, 1996 shall govern the arbitral proceedings. The award rendered by the arbitral
tribunal shall be final and binding on the parties.
(xii) Termination of Contract: Client will have the right to terminate the contract by giving 30 (thirty) days
written notice. In the event of termination for no fault of Consultant, the Client will reimburse all the
expenses incurred by the Consultant (upon submission of proof) including closing-up of the project.
If the contract is terminated due to the fault of the Consultant or in case of termination of the contract
by the Consultant for reasons not attributable to the Client, the Client will forfeit the performance
security of the Consultant.
(xiii) Details related to timelines and submission of deliverables at each stage is given in the TOR.
(xiv) The Proposal shall be valid for a period of not less than 180 (one hundred and eighty)
days from the Proposal Due Date (the “PDD”).
(xv) Brief Description of the Selection Process: The Client has adopted a three-stage selection process
(collectively the “Selection Process”) for evaluating the Proposals. The Bids shall comprise of
three parts namely the Pre-Qualification, Technical and Financial Proposals. The Pre-Qualification
Proposal shall be submitted online titled Request for Qualification (RFQ) along with the processing
fee and bid security. The Technical Proposal and Financial Proposal shall be submitted online in the
relevant sections. The submissions for Pre- Qualification shall be evaluated first as specified in this
RFQ cum RFP. Subsequently the technical evaluation as specified in this RFP will be carried out
only for those Applicants who meet the Pre-Qualification criteria. Based on this technical evaluation,
a list of technically qualified Applicants shall be prepared. Only the Financial Proposals of technically
qualified Applicants will be opened. Proposals will finally be ranked according to their combined
technical and financial scores as specified in this RFQ cum RFP.

(xvi) Number of Proposals: No Applicant or its Associate shall submit more than one Application for the
Consultancy. An Applicant applying individually shall not be entitled to submit another application, as
the case may be.
(xvii) Visit to the Client and Verification of Information: Applicants are encouraged to submit their respective
Proposals after visiting the office of the Client or its delegates as the case may be and ascertaining for
themselves the availability of documents and other data with the Client, Applicable Laws and
regulations or any other matter considered relevant by them.
(xviii) Right to reject any or all Proposals:
1. Notwithstanding anything contained in this RFQ CUM RFP, the Client reserves the
right to accept or reject any Proposal and to annul the Selection Process and reject all Proposals, at
any time without any liability or any obligation for such acceptance, rejection or annulment, and without
assigning any reasons thereof.
2. Without prejudice to the generality of above, the Client reserves the right to reject
any Proposal if:
a) at any time, a material misrepresentation is made or discovered, or
b) the Applicant does not provide, within the time specified by the Client, the supplemental information sought
by the Client for evaluation of the Proposal.
3. Such misrepresentation/ improper response by the Applicant may lead to the disqualification of the
Applicant. If such disqualification/ rejection occurs after the Proposals have been opened and the
highest ranking Applicant gets disqualified/ rejected, then the Client reserves the right to consider the
next best Applicant, or take any other measure as may be deemed fit in the sole discretion of the
Client, including annulment of the Selection Process.
(xix) Acknowledgement by Applicant
1. It shall be deemed that by submitting the Proposal, the Applicant has:
a) made a complete and careful examination of the RFQ CUM RFP;
b) received all relevant information requested from the Client;
c) accepted the risk of inadequacy, error or mistake in the information provided in the RFP
or furnished by or on behalf of the Client;

7
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

d) satisfied itself about all matters, things and information, including matters herein above,
necessary and required for submitting an informed Application and performance of
all of its obligations there under;
e) acknowledged that it does not have a Conflict of Interest; and
f) agreed to be bound by the undertaking provided by it under and in term hereof.
2. The Client and/ or its advisors/ consultants shall not be liable for any omission, mistake or error
on the part of the Applicant in respect of any of the above or on account of any matter or
thing arising out of or concerning or relating to RFP or the Selection Process, including any
error or mistake therein or in any information or data given by the Client and/ or its consultant.
(xx) RFP Processing Fee: The RFP submissions shall be accompanied by a Demand Draft/NEFT/RTGS
of INR 50,000.00 (Indian Rupees Fifty thousand only) plus GST @18%in favor of Finance controller
“Bundelkhand Industrial Development Authority”, payable at Jhansi, India, as a non- refundable RFP
processing fee (the “RFP Processing Fee”). Proposals unaccompanied with the aforesaid RFP
Processing Fee shall be liable to be rejected by the Client. The scanned copy of the processing fee
shall be submitted online at the time of submission of bid proposals. The hard copy of the processing
in the form of Demand Draft shall be submitted at the Client’s office before last date of submission of
proposals. Applicants whose processing fee is not received by the Client before the last date of
submission, their proposals will be rejected.

The processing fees can be transferred online as per the following details:
· Account No: 50100495803005
· Account holder name: Bundelkhand Industrial Development Authority
· Bank Name: HDFC Bank, Jhansi
· IFSC Code: HDFC0000453
· Branch Name: Jhansi

Exemption of Fees for MSMEs

The exemption from payment of bid processing fee/tender fee and earnest money as
bid security for Micro, Small and Medium Enterprises (MSMEs) will be as per the Public
Procurement Policy notified by Ministry of Micro, Small and Medium Enterprises, Govt.
of India and Rule 170 (i) of GFR 2017

(xxi) Project Office: Consultant must establish a Project Office at Jhansi, Uttar Pradesh

2.2 Clarification and amendment of RFP documents

2.2.1 Consultants may seek clarification on this RFP document, within a week of the date
of issue of this RFP document. Any request for clarification must be sent by standard
electronic means (PDF and word file) to the Client’s office addressed to:
Sandeep Kumar, Manager(Admin),
First floor, Pahariya guest house,
Irrigation department, Mata Tila Colony,
Jhansi

The Client will endeavor to respond to the queries as per the dates mentioned in the datasheet/
corrigendum. The Client will post the reply to all such queries on www.etender.up.nic.in.

2.2.2 At any time before the submission of Proposals, the Client may, for any reason, whether at
its own initiative or in response to a clarification requested by a prospective Applicant, modify the
RFP documents by an amendment. All amendments/ corrigenda will be posted on
www.etender.up.nic.in or www.onlineBIDA.com - BIDA’s website. In order to afford the Applicants
a reasonable time for taking an amendment into account, or for any other reason, the Client may at
its discretion extend the Proposal Due Date.
2.2.3 Date of pre-bid meeting and venue is mentioned in data sheet. Applicants willing to attend the
pre-bid should inform client beforehand in writing and email. The maximum no. of participants from
an applicant, who chose to attend the pre-bid meeting, shall not be more than two per applicant. The
representatives attending the pre-bid meeting shall accompany with an authority letter duly signed
by the authorised signatory of his/her organization.

8
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

2.3 Clarification and/ or interpretation of reports

After submission of the final reports of each phase by the Consultant, to the satisfaction
of the Client, if clarifications are required or doubt arises as to the interpretation of anything included
in the reports, consultant shall, on receipt of written request form the Client, furnish such clarification
to the satisfaction of Client within five (05) working days without any extra charge.
2.4 Ownership of document and copyright
All the study outputs including primary data shall be compiled, classified and submitted
by the Consultants to the Client in hard and soft copies in addition to the requirements for the reports
and deliverables indicated in the TOR. The study outputs shall remain the property of the Client and
shall not be used for any purpose other than that intended under these terms of reference without
the permission of the Client.
2.5 EMD
2.5.1 An EMD in the form of a Demand Draft/NEFT/FDR/Bank Guarantee, from a
scheduled Bank in India in favour of ‘Finance Controller, Bundelkhand Industrial Development
Authority’, valid for 180 days from the PDD, payable at Jhansi, for the sum of Rs 25,00,000/- (Rupees
Twenty five Lakh Only) shall be required to be submitted by each Applicant (“EMD”).
2.5.2 The scanned copy of the bid security/transfer details shall be submitted online at the time of
submission of bid proposals. The original hard copy of the bid security in the form of Bank Guarantee
shall be submitted at the Client’s office before last date of submission of proposals. Applicants whose
bid security is not received by the Client before the last date of submission, their proposals will be
rejected.
The details for online transfer of bid security are as under:
· Account No: 50100495803005
· Account holder name: Bundelkhand Industrial Development Authority
· Bank Name: HDFC Bank, Jhansi
· IFSC Code: HDFC0000453
· Branch Name: Jhansi

2.5.3 Client will not be liable to pay any interest on bid security deposits. Bid security of unsuccessful
Applicants shall be returned, without any interest, within two months after signing the contract with
the Selected Applicant or when the selection process is cancelled by Client. The Selected Applicant’s
Bid Security shall be returned, without any interest upon the Applicant signing the contract and
furnishing the Performance Security in accordance with provision of the RFP and contract.
2.5.4 Client will be entitled to forfeit and appropriate the bid security as mutually agreed loss and
damage payable to Client in regard to the RFP without prejudice to Client’s any other right or remedy
under the following conditions:
1. If an Applicant engages in a corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice as envisaged under this RFP (including the Standard Form of
Contract);
2. If any Applicant withdraws its Proposal during the period of its validity as specified
in this RFP and as extended by the Applicant from time to time,
3. In the case of the Selected Applicant, if the Selected Applicant fails to sign the
contract or provide the Performance Security within the specified time limit, or
4. If the Applicant commits any breach of terms of this RFP or is found to
have made a false representation to Client.
2.5.5 Performance Security equivalent to the amount indicated in this RFP shall
be furnished before signing of the contract in the form of a Bank Guarantee in the format specified
in RFP document.
For the successful bidder the Performance Security shall be retained by Client until the completion
of the assignment by the Consultant and be released 2 years (two years) after the completion of the
assignment.
2.6 Eligibility of applicants
2.6.1 The Applicant for participation in the Selection Process as a single entity.
2.6.2 An Applicant may either be a partnership firm/ a limited liability partnership/ a company
incorporated under the Companies Act/applicable laws of its country of origin.
2.6.3 An Applicant shall not have a conflict of interest that may affect the Selection Process or the
Consultancy (the “Conflict of Interest”). Any Applicant found to have a Conflict of Interest shall be

9
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

disqualified. In the event of disqualification, the Client will forfeit and appropriate the Bid Security as
mutually agreed genuine pre-estimated compensation and damages payable to the Client for, inter
alia, the time, cost and effort of the Client including consideration of such Applicant’s Proposal,
without prejudice to any other right or remedy that may be available to the Client hereunder or
otherwise. Similar projects to be construed are Detailed Master Planning and Preliminary
Engineering etc.
2.6.4 An Applicant shall be deemed to have a Conflict of Interest affecting the Selection
Process, if:
1. a constituent of such Applicant is also a constituent of another Applicant; or

2. such Applicant or its Associate receives or has received any direct or indirect

subsidy or grant from any other Applicant or its Associate; or

3. such Applicant has the same legal representative for purposes of this Application

as any other Applicant; or

4. such Applicant has a relationship with another Applicant, directly or through common third parties,
that puts them in a position to have access to each other’s information about, or to influence the Application of
either or each of the other Applicant; or

5. there is a conflict among this and other consulting assignments of the Applicant (including its personnel and
sub-consultants) and any subsidiaries or entities controlled by such Applicant or having common controlling
shareholders. The duties of the Consultant will depend on the circumstances of each case. While providing
consultancy services to the Client for this particular assignment, the Consultant shall not take up any
assignment that by its nature will result in conflict with the present assignment; or

6. a firm which has been engaged by the Client to provide goods or works or services for a project, and its
Associates, will be disqualified from providing consulting services for the same project save and except as per
provisions of this RFQ CUM RFP, conversely, a firm hired to provide consulting services for the preparation or
implementation of a project, and its Members or Associates, will be disqualified from subsequently providing
goods or works or services related to the same project; or

7. the Applicant, its Member or Associate (or any constituent thereof), and the bidder or Concessionaire, if
any, for the Project, its contractor(s) or sub-contractor(s) (or any constituent thereof) have common controlling
shareholders or other ownership interest; provided that this disqualification shall not apply in cases where the
direct or indirect shareholding or ownership interest of an Applicant, its Member or Associate (or any
shareholder thereof having a shareholding of more than 5 percent of the paid up and subscribed share capital
of such Applicant, Member or Associate, as the case may be,) in the bidder or Concessionaire, if any, or its
contractor(s) or sub-contractor(s) is less than 5 percent of the paid up and subscribed share capital
of such Concessionaire or its contractor(s) or sub- contractor(s); provided further that this disqualification
shall not apply to ownership by a bank, insurance company, pension fund or a Public Financial Institution
referred to in section 4A of the Companies Act, 1956. For the purposes of this sub- clause (h), indirect
shareholding shall be computed in accordance with the provisions of sub-clause (a) above.

8. For purposes of this RFP, Associate means, in relation to the Applicant, a person who controls, is controlled
by, or is under the common control with such Applicant (the “Associate”). As used in this definition, the
expression “control” means, with respect to a person which is a company or corporation, the ownership,
directly or indirectly, of more than 50 percent of the voting shares of such person, and with respect to a person
which is not a company or corporation, the power to direct the management and policies of such person by
operation of law or by contract.

2.6.5 An Applicant eventually appointed to provide Consultancy for this Assignment/ Project, and its
Associates, shall be disqualified from subsequently providing consultancy and/or goods, works, services etc.
related to the construction and operation of the same Project and any breach of this obligation shall be
construed as Conflict of Interest; provided that the restriction herein shall not apply after a period of 2 (two)

10
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
years from the completion of this Assignment. For the avoidance of doubt, an entity affiliated with the
Consultant shall include a partner in the Consultant’s firm or a person who holds more than 5 percent of the
subscribed and paid up share capital of the Consultant, as the case may be, and any Associate thereof.

2.6.6 Any entity which has been barred or blacklisted by the Central Government, any State Government, a
statutory authority or a public sector undertaking, Multilateral/Bilateral banks as the case may be, from
participating in any project during the past 5 (Five) years, and the bar subsists as on the date of the Proposal
Due Date, would not be eligible to submit a Proposal either by itself or through its Associate.

2.6.7 An Applicant or its Associate should have, during the last 3 (three) years, neither failed to perform on
any agreement, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitration award against the Applicant or its Associate, nor been expelled from any project
or agreement nor have had any agreement terminated for breach by such Applicant or its Associate.

2.7 Preparation of proposal

2.7.1 Consultants are requested to submit their Proposal online only and in English language

and strictly in the formats provided in this RFQ CUM RFP. All the original document like completion certificate/
incorporation document/balance sheets/work order/education certificates etc which are in the language
other than English, the bidder has to submit the certified (notarized/duly apostilled for the applicable countries)
translated copies of the same in their proposals along with the original document. The Client will evaluate only
those Proposals that are received in the specified forms and complete in all respects.

2.7.2 In preparing their Proposal, Consultants are expected to thoroughly examine the RFP Document.
Material deficiencies in providing the information requested may result in rejection of a Proposal.

2.7.3 Technical Proposal: While preparing the Technical Proposal, Consultants must give

particular attention to the following:

1. The team leader proposed must be permanent full-time employee of the firm

responsible entirely for all the Project related matters. It is desirable that the other key staff be either permanent
full-time employees of the firm or have a dedicated full-time contract to work on this project.

2. If any key staff proposed is not a permanent employee of the Applicant, a certificate from the consultant
and key staff must be furnished mentioning his/ her availability for the project. In the absence of such certificate,
his/ her CV will not be evaluated.

3. 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. The Client reserves the right to request a workload projection
(including time spent on other projects/clients) for the key staff.

4. The composition of the proposed Team and Task Assignment to individual personnel shall be clearly
stated.

5. No such key personnel shall be proposed for any position if the CV of the personnel does not meet the
requirements of the TOR.

6. The key personnel shall remain available for the period as indicated in the RFQ CUM RFP.

7. No alternative proposal for any key personnel shall be made and only one CV for each position shall be
furnished.

8. Each CV needs to have been recently signed by the key personnel and/or countersigned by the
authorized official of the Firm. At the time of submission of bid proposal, the 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 the cases, original counter signature of Authorized signatory shall be required in original.
11
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
9. A CV shall be summarily rejected if the educational qualification of the key personnel proposed does
not match with the requirement as given in the RFQ CUM RFP.

10. Client certifications for the projects listed under the experience section. The certifications must confirm
the project attributes (size, fee, duration etc) and the scope of work on the projects.

13. The consultant has to be submit the copy of education and employment certificate for the key experts
proposed in the proposal

14. The personnel proposed should possess good working knowledge of English Language.

15. No key personnel involved should have attained the age of 70 (seventy) years at the time of submitting the
proposal. The client reserves the right to ask for proof of age, qualification and experience at any stage of the
project.

16. The technical proposal must not include any financial information

2.7.4 Failure to comply with the requirements spelt out above shall lead to the deduction of marks during the
evaluation. Further, in such a case, Client will be entitled to reject the Proposal.

2.7.5 Proposals shall be typed or written in indelible ink and signed by the Authorized Representative of the
Applicant who shall initial each page, in blue ink. In case of printed and published documents, only the cover
shall be initiated. All the alterations, omissions, additions, or any other amendments made to the Proposal
shall be initiated by the person(s) signing the Proposal. The Proposals must be properly signed by the
Authorized Representative (the “Authorized Representative”) as detailed below:

1. by the proprietor in case of a proprietary firm;

2. by a partner, in case of a partnership firm and/or a limited liability partnership; or

3. by a duly authorized person holding the Power of Attorney, in case of a Limited Company or a corporation;
or

2.7.6 Applicants should note the Proposal Due Date (PDD), as specified in Data Sheet, for submission of
Proposals. Except as specifically provided in this RFP, no supplementary material will be entertained by the
Client, and that evaluation will be carried out only on the basis of Documents received by the closing time of
Proposal Due Date as specified in Data Sheet. Applicants 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, the Client reserves the right to seek clarifications in
case the proposal is non- responsive on any aspects.

2.7.10 The Pre-Qualification Proposal should provide the following information using the attached Standard
Forms:

i. Details of eligible projects as per the Standard Forms so as to meet the Minimum Qualification Criteria
prescribed in this RFP.

2.7.11 The Technical Proposal should provide the following information using the attached Standard Forms.

1. For recent assignments of similar nature, the outline should indicate, inter alia, the profiles and names of
the staff provided, duration of the assignment, contract amount, and firm’s involvement.

2. The comments and suggestions provided by the Applicant on the RFP/ Contract/ TOR are not binding and
shall not affect the financial proposal.

3. Detailed Approach and Methodology for undertaking the current Assignment.

4. Against the list of proposed staff, details of tasks assigned to each staff as per his/ her experience shall
influence the evaluation.
12
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
5. Each page of the CV must be signed in original by the authorized representative together with original or
electronic signature of the key team member at the proposal stage. However, at the time of contract signing,
original signatures of both authorized representative and the key staffs shall be required.

6. The consultant shall make the assessment of support personnel both technical and administrative to
undertake the Assignment. Additional support and administrative staff shall be provided as needed for the
timely completion of the Assignment within the total estimated cost. Consultant should provide time estimates
of key staff as well as support staff in the staffing schedule. It is stressed that the time period for the Assignment
indicated in the TOR should be strictly adhered to.

7. Ongoing projects can be submitted with detail of progress supported by suitable documents. Projects/
assignments completed up to 80 percent or more shall only be considered for evaluation but marks awarded
for such projects shall only be up to 80 percent of maximum marks. The Applicant shall provide the proof that
the project is completed up to 80 percent through copy of invoice or payment received till date or through
certificate from the respective client.

2.7.12 Financial proposal: While preparing the Financial Proposal, Consultants are expected to take into
account the various requirements and conditions stipulated in this RFPdocument. The Financial Proposal
should be a lump sum Proposal inclusive of all the costs including but not limited to all taxes associated with
the Assignment. While submitting the Financial Proposal, the Consultant shall ensure the following:

1. All the costs associated with the Assignment shall be included in the Financial Proposal. These shall
normally cover remuneration for all the personnel (Expatriate and Resident, in the field, office, etc),
accommodation, air fare, transportation, equipment, printing of documents, secondary and primary data
collection, etc. The total amount indicated in the Financial Proposal shall be without any condition attached or
subject to any assumption, and shall be final and binding. In case any assumption or condition is indicated
in the Financial Proposal, it shall be considered non-responsive and liable to be rejected.

2. The Financial Proposal shall take into account all the expenses and tax liabilities and cost of insurance
specified in the draft contract, levies and other impositions applicable under the prevailing law on the
Consultants, sub-consultants and their staff. For the avoidance of doubt, it is clarified that all taxes, excluding
GST, shall be deemed to be included in the cost shown under different items of Financial Proposal. The
Consultant shall be paid only GST over and above the cost of Financial Proposal. Further, all payments shall
be subjected to deduction of taxes at source as per Applicable Laws.

2.7.13 The proposal should be submitted as per the standard Financial Proposal submission forms prescribed
in this RFQ CUM RFP.

2.7.14 The financial Proposal shall be divided into professional fee and out of pocket expenses as per
forms prescribed in this RFQ CUM RFP. The break-up of remunerations and out of pocket expenses
should match the total cost of Financial Proposal.

2.7.15 Consultants shall express the price of their services (including break down of their costs) in Indian
Rupees.

2.7.16 The Consultants may be subjected to local taxes (such as GST social charges or income taxes on non-
resident foreign personnel, duties, fees, levies etc.) on amounts payable by the Client under the Contract.
Consultants must do their due diligence about the tax implications and Client will not be liable for any incident.

2.7.17 The Proposals must remain valid for a period as specified in the Data Sheet. During this period, the
consultant is expected to keep available the professional staff proposed for the assignment. The Client will
make its best effort to complete contract signing within this period. If the Client wishes to extend the validity
period of the proposals, it may ask the consultants to extend the validity of their proposals for a stated period.
Consultants, who do not agree, have the right not to extend the validity of their proposals.

2.8 Submission, receipt and opening of proposals

13
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
2.8.1 The Proposal 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 initialled by the person or
persons who sign(s) the Proposal.

2.8.2 The Authorized Representative of the Applicant should initial all pages of Pre- Qualification,
Technical and Financial proposal. The Authorized Representative’s authorization should be confirmed by
a written power of attorney by the competent authority accompanying the Proposal.

2.8.3 The Applicant shall submit the proposals online at the Uttar Pradesh eProcurement Portal. Proposals
submitted at the client’s address manually will be rejected.

2.8.4 Any Proposal received after the closing time for submission of Proposals will not be accepted.

2.8.5 After the Proposal submission until the contract is awarded, if any Consultant wishes to contact the
Client on any matter related to its proposal, it should do so in writing at the Proposal submission address. Any
effort by the firm to influence the Client during the Proposal evaluation, Proposal comparison or contract award
decisions may result in the rejection of the consultant’s proposal.

2.9 Proposal evaluation

2.9.1 As part of the evaluation, the Pre-Qualification Proposal submission shall be checked to evaluate
whether the Applicant meets the prescribed Minimum Qualification Criteria. Subsequently the Technical
Proposal submission, for Applicants who meet the Minimum Qualification Criteria (―Shortlisted
Applicants), shall be checked for responsiveness in accordance with the requirements of the RFPand only
those Technical Proposals which are found to be responsive would be further evaluated in accordance
with the criteria set out in this RFPdocument.

2.9.2 Prior to evaluation of Proposals, the Client will determine whether each Proposal is responsive to the
requirements of the RFPat each evaluation stage as indicated below. The Client may, in its sole discretion,
reject any Proposal that is not responsive hereunder. A Proposal will be considered responsive at each stage
only if:

RFQ Stage

1. The Pre-Qualification Proposal is received in the form specified in this RFQ cum RFP;

2. it is received by the Proposal Due Date including any extension thereof in terms hereof;

3. It is accompanied by the Processing Fee and bid security as specified in this RFQ cum RFP;

4. It is signed and marked as stipulated in this RFP;

5. It does not contain any condition or qualification; and

6. It is not non-responsive in terms hereof.

RFP Stage

Technical Proposal

1. The technical Proposal is received in the form specified in this RFQ cum RFP;

2. It is received by the Proposal Due Date including any extension thereof in terms /hereof;

3. It is signed and marked as stipulated in this RFQ cum RFP;

4. It does not contain any condition or qualification; and

5. It is not non-responsive in terms hereof;

14
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
Financial Proposal

1. The Financial Proposal is received in the form specified in this RFQ cum RFP;

2. It is signed and and marked as stipulated in this RFQ cum RFP;

3. It does not contain any condition or qualification; and

4. It is not non-responsive in terms hereof.

The Client reserves the right to reject any Proposal which is non-responsive and no request for alteration,
modification, substitution or withdrawal will be entertained by the Client in respect of such Proposals.
However, client reserves the right to seek clarifications from the applicant during the evaluation process.
The Client will subsequently examine and evaluate Proposals in accordance with the Selection Process
detailed out below.

2.9.3 As part of the evaluation, the Pre-Qualification Proposals submitted should fulfil the Minimum
Qualification Criteria. In case an Applicant does not fulfil the Minimum Qualification Criteria, the Technical
Proposal of such an Applicant will not be opened and evaluated further.

Correction of Errors

The Financial Bids of Technically Qualified Applicants will be checked by the Client (BIDA) for any arithmetic
errors. Errors will be corrected by the Client (BIDA) as follows:

a) Where there is a discrepancy between the rates in figures and in words, the rate in words will govern; and

b) Where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit
rate by the quantity, the unit rate as quoted will govern.

c) Whenever there is a difference between the Financial Quote (as submitted by the Applicant) and the
corrected value (after arithmetic verification), the lower of the two values will prevail.

2.11 Discussion

2.11.1 The Selected Applicant may, if necessary be invited for negotiations. The negotiations

shall generally not be for reducing the price of the Proposal, but will be for re-confirming the obligations of the
Consultant under this RFQ CUM RFP. Issues such a deployment of Key Personnel, understanding of the
Scope of Work, methodology and quality of the work plan shall be discussed during the negotiations. In case,
the Selected Applicant fails to reconfirm its commitment, the Client reserve the right to designate the next
ranked Applicant as the Selected Applicant and invite it for negotiations.

2.11.2 The Client will examine the CVs of all other Key Personnel and those not found suitable

shall be replaced by the Applicant to the satisfaction of the Client.

2.11.3 The Client will not normally consider substitutions except in cases of incapacity of key

personnel for reasons of health. Similarly, after award of contract the Client expects all of the proposed key
personnel to be available during implementation of the contract. The Client will not consider substitutions
during contract implementation except under exceptional circumstances up to a maximum of two (2) personnel
and that too by only equally or better qualified and experienced personnel. During the course of providing
services, substitution of key personnel in excess of two (2) Key Personnel would call for reduction in the
remuneration, which will not exceed 80 (eighty) percent of the remuneration agreed for the Original Key
personnel against first replacement, Thereafter reduction at the rate of 10% of the original quoted rates in
respect of each subsequent replacement i.e. 70%, 60% and so on.

2.12 Award of contract

15
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
2.12.1 After selection, a Letter of Award (the “LOA”) will be issued, in duplicate, by the Client

to the Successful Applicant and the Successful Applicant shall, within 7 (seven) 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 Applicant is not received by the stipulated date, the
Client may, unless it consents to extension of time for submission thereof, appropriate the Bid Security of such
Applicant as mutually agreed genuine pre-estimated loss and damage suffered by the Client on account of
failure of the Successful Applicant to acknowledge the LOA, and the next highest ranking Applicant may be
considered.

2.12.2 Performance Security: Performance Security equivalent to 5 (five) percent of the total cost of Financial
Proposal shall be furnished from a nationalized/ Scheduled Bank, before signing of the contract, in form of a
Bank Guarantee/ Fixed Deposit Receipt in the format specified at Annexure of the contract. For the
successful bidder the Performance Security will be retained by Client until the completion of the assignment
by the Consultant and will be released 2 years after the completion of the assignment.

2.12.3 Execution of contract: After acknowledgement of the LOA and furnishing of Performance Security
as aforesaid by the Successful Applicant, it shall execute the Agreement within 30 (thirty) days from the date
of issue of LOA. The Successful Applicant shall not be entitled to seek any deviation in the Agreement

2.12.4 Commencement of Assignment: The Successful Applicant/ Consultant is expected to commence the
Assignment on the date of Commencement of Services as prescribed in the General Conditions of Contract.

2.13 Confidentiality

Information relating to evaluation of proposals and recommendations concerning

awards of contract 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.

2.14 Fraud and corrupt practices

2.14.1 The Applicants and their respective officers, employees, agents and advisers shall

observe the highest standard of ethics during the Selection Process. Notwithstanding anything to the contrary
contained in this RFQ CUM RFP, the Client will reject a Proposal without being liable in any manner
whatsoever to the Applicant, if it determines that the Applicant has, directly or indirectly or through an agent,
engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice
(collectively the “Prohibited Practices”) in the Selection Process. In such an event, the Client will, without
prejudice to its any other rights or remedies, forfeit and appropriate the Bid Security, as mutually agreed
genuine pre-estimated compensation and damages payable to the Client for, inter alia, time, cost and effort of
the Client, in regard to the RFQ CUM RFP, including consideration and evaluation of such Applicant’s
Proposal.

2.14.2 Without prejudice to the rights of the Client under this Clause, hereinabove and the rights and remedies
which the Client may have under the LOA or the Agreement, if an Applicant or Consultant, as the case may
be, is found by the Client to have directly or indirectly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the
Selection Process, or after the issue of the LOA or the execution of the Agreement, such Applicant or
Consultant shall not be eligible to participate in any tender or RFPissued by the Client during a period of 2
(two) years from the date such Applicant or Consultant, as the case may be, is found by the Client to have
directly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice, as the case may be.

2.14.3 For the purposes of this Clause, the following terms shall have the meaning hereinafter
16
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
respectively assigned to them:

1. “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of
value to influence the action of any person connected with the Selection Process (for avoidance of doubt,
offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official
of the Client who is or has been associated in any manner, directly or indirectly with the Selection Process or
the LOA or has dealt with matters concerning the Agreement or arising there from, before or after the
execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from
or otherwise ceases to be in the service of the Client, shall be deemed to constitute influencing the actions of
a person connected with the Selection Process; or (ii) save as provided herein, engaging in any manner
whatsoever, whether during the Selection Process or after the issue of the LOA or after the execution of the
Agreement, as the case may be, any person in respect of any matter relating to the Project or the LOA or the
Agreement, who at any time has been or is a legal, financial or technical consultant/ adviser of the Client in
relation to any matter concerning the Project;

2. “fraudulent practice” means a misrepresentation or omission of facts or disclosure of incomplete facts, in

order to influence the Selection Process;

3. “coercive practice” means impairing or harming or threatening to impair or harm,

directly or indirectly, any persons or property to influence any person’s participation or action in the Selection
Process;

4. “undesirable practice” means (i) establishing contact with any person connected with or employed or
engaged by the Client with the objective of canvassing, lobbying or in any manner influencing or attempting to
influence the Selection Process; or (ii) having a Conflict of Interest; and

5. “Restrictive practice” means forming a cartel or arriving at any understanding or arrangement among
Applicants with the objective of restricting or manipulating a full and fair competition in the Selection Process.

2.15 Pre-Bid meeting

2.15.1 Pre-Bid Meeting of the Applicants will be convened at the designated date, time and place. A maximum
of two representatives of each Applicant will be allowed to participate on production of an authorisation
letter from the Applicant.

2.15.2 During the course of Pre-Bid Meeting, the Applicants will be free to seek clarifications and make
suggestions for consideration of the Client. The Client 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.

2.16 Miscellaneous

2.16.1 The Selection Process shall be governed by, and construed in accordance with, the laws of India and
the Courts at Lucknow shall have exclusive jurisdiction over all disputes arising under, pursuant to and/or in
connection with the Selection Process.

2.16.2 The Client, in its sole discretion and without incurring any obligation or liability, reserves the right, at
any time, to:

1. 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;

2. Consult with any Applicant in order to receive clarification or further information;

3. Retain any information and/or evidence submitted to the Client by, on behalf of and/or in relation to any
Applicant; and/or

17
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
4. Independently verify, disqualify, reject and/or accept any and all submissions or

other information and/or evidence submitted by or on behalf of any Applicant. 2.16.3 It shall be deemed that
by submitting the Proposal, the Applicant agrees and releases

the Client, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all
liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the
exercise of any rights and/or performance of any obligations hereunder, pursuant hereto and/or in connection
herewith and waives any and all rights and/ or claims it may have in this respect, whether actual or contingent,
whether present or future.

2.16.4 All documents and other information provided by Client or submitted by an Applicant to Client shall
remain or become the property of Client. Applicants and the Consultant, as the case may be, are to treat all
information as strictly confidential. Client will not return any Proposal or any information related thereto. All
information collected, analysed, processed or in whatever manner provided by the Consultant to Client in
relation to the consultancy shall be the property of Client.

2.16.5 The Client reserves the right to make inquiries with any of the clients listed by the Applicants in their
previous experience record.

18
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

2.2 Background
Bundelkhand is an emerging a destination under the global vision of Shri Narendra Modi Hon’ble Prime
Minister, India and the dynamic leadership of Yogi Adityanath Hon’ble Chief Minister, Uttar Pradesh. The
objective is to set up a self-sustainable, liveable city that delivers an “Economically Vibrant and Ecologically
Sustainable Ecosystem”, a world class enclave that would develop as a lush green area and advance in the
state-of-the art Industrial Land Parcels. The essential idea is to have an enclave inside a healthy biodiversity
in the earmarked development area under Bundelkhand Industrial Development Authority (BIDA).

The Bundelkhand Industrial Development Authority (BIDA) emerges from the fertile soil of history and tradition,
nestled within the heart of the Bundelkhand region in Uttar Pradesh. This land whispers tales of valiant heroes
and prominent personalities like Rani Lakshmi Bai, Veer Kuwar Singh, echoes with the rhythm of vibrant folk
music, and bears the marks of ancient craftsmanship in its magnificent forts and temples.

BIDA encompasses 33 villages that weave a rich tapestry of culture and heritage. From the exquisite Khajuraho
carvings to the majestic Jhansi Fort, the region pulsates with the spirit of a glorious past. The Bundelkhand
landscape, dotted with rugged hills, verdant valleys, and meandering rivers, offers a unique ecological canvas.
Its people, resilient and hardworking, carry forward the legacy of skilled artisans and farmers, their lives deeply
intertwined with the love of nature.

2.3 Concept & Objectives

Bundelkhand region despite of immense potential, faces challenges like limited industrial development and
lack of infrastructure. BIDA is envisioned as a transformative force, aiming to rewrite the narrative for the
region. The vision and objectives are rooted in principles that prioritizes industrial vibrancy, self -sustainable
and socially vibrant enclaves, high end investment opportunities enshrined with the commitment of ease of
doing business and trade, green industries, affordable housing, world-class tourism with secure and seamless
smart transportation. The objectives are further elaborated as below:
1) Developing Islands of excellence & connecting with growth corridors:
• Identifying the clusters and its potential and developing and connecting these clusters as industrial growth
corridor.
2) Identifying investment and Growth engines for enhancing economy:
• The strategy involves attracting investments in key sectors such as Medical & Pharma, logistics, Agro
based Industries, warehousing, Information Technology (IT), Artificial Intelligence (AI), Research and
Development (R&D), semiconductors, solar parks, and other diverse sectors.
• Additionally, the vision must include the establishment of high-quality lighthouse schools, multispecialty
hospitals, and world-class recreational facilities. These components are seen critical for enhancing the
overall quality of life within the community.

3) Attaining Sustainability and Holistic Development:

• BIDA envisions a self-sustainable and socially vibrant region that integrates various elements, including
business, trade, industry, housing, traditions, culture and tourism.
• The emphasis has to be on ecologically responsible planning to create an environment that is both viable
and pleasant, focusing on preservation and restoration of natural habitats and cultural centres.

4) Green Industrial City Concept: live, work & play

• The overarching aspiration is to develop a "Green Industrial City" on a concept of live, work & play and
that not only serves as an industrial hub but also integrates sustainable practices, cultural preservation,
and innovation.
• The township can have provision of dedicated industrial parks with special zones.
• The vision extends beyond mere economic development to ensure a thriving community where prosperity
coexists with environmental consciousness.
5) Regional Connectivity and Smart Transportation:
• The master plan should prioritize robust regional connectivity through well-designed transportation
infrastructure.

19
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

• Efficient road networks, connectivity to airports and railway stations, and seamless intra-city transportation
with the state and national capital cities, are integral to enhancing accessibility for both residents and
visitors, ensuring a well-connected and accessible enclave.
• Embracing the forefront of technological innovation, the master plan should integrate AI-based
transportation solutions for a futuristic and efficient mobility experience.
• Smart traffic management systems and predictive analytics contribute to streamlined transportation,
reducing congestion, and optimizing travel times within the enclave.
6) Achieving Global Standards and developing Social Tourism Infrastructure:
• Preservation and celebration of heritage extend beyond industrial development to the tourism sector,
creating destinations that echo with cultural vibrancy.
• The plan should envision a harmonious blend of cultural events, art, music, cuisines, and festivals,
enhancing the overall tourist experience.
7) Achieving social, and environmental vibrancy:
• Industrial vibrancy and ensuring the centrality of Bundelkhand is achieved.
• Social Inclusivity and Cultural Vibrancy: Envisioning a dynamic and inclusive society through the promotion
of cultural events, art, music, cuisines, and festivals.
• Environmental Stewardship: A commitment to green spaces, unrestricted river flows, and sustainable
practices to ensure a healthy environment for present and future generations.
• Innovation and Industry Hub: Fostering cutting-edge industries powered by renewable energy sources.
8) Thematic Vision Statements:
• Addressing a wide array of growth aspirations in the city, including identity, social cohesion, housing,
affordability, talent attraction, technological advancements (Web 3.0 and Industry 4.0), circular economy,
transport, disaster resilience, commerce, tourism, culture, health, safety, urban resilience, biodiversity,
eco-centric development, urban greening, agriculture, and inclusive participation.
9) Compliance with Planning Guidelines:
• The master planning process aligns with established and prevalent planning guidelines, including the
Urban and Regional Development Plans Formulation and Implementation (URDPFI) guidelines of the
Government of India, GIS-based guidelines under the AMRUT mission, and the Uttar Pradesh state
government guidelines. Review of the planning guidelines of best international industrial cities.
The vision for the Bundelkhand area goes beyond traditional industrial planning, seeking to create a model city
that harmoniously integrates economic prosperity, environmental sustainability, cultural heritage, and a high
quality of life. It acknowledges the uniqueness of the Bundelkhand region and aims to shape its future in a way
that resonates with the aspirations of its residents.
The Authority intends to select the Consultant through an open international competitive bidding process in
accordance with the procedure set out herein.

2.4 Location and Linkages

Proposed 33 villages and nearest major highways, railway line and water supply

20
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

Location co-ordinates:
https://www.google.com/maps/d/edit?mid=14TPUpTMaZIlELdD-
xTyJJbWCNptveVY&usp=sharing

2.5 Scope of services

A broad overview of the works to be conducted are enlisted as under-

1. In depth analysis of the historical, cultural, and demographic landscape of the 33 villages under BIDA’s
jurisdiction
2. Detailed assessment of the ecological profile, including natural resources, biodiversity, and environmental
challenges
3. Conduct a thorough assessment of existing and required infrastructure, including roads, utilities, and digital
connectivity, to ensure seamless accessibility for residents, businesses, and tourists.
4. Formulation of a comprehensive green industrial city and economically sustainable development strategy
in alignment with the vision and objectives
5. Development of a land use plan that integrates heritage preservation, environmental sustainability, and
green industrial development
6. Identification of potential sectors and key areas for attracting high-end investment and promoting
sustainable economic growth
7. Design of a resilience and smart infrastructure framework to minimize the environmental impact and
maximize the resource efficiency
8. Development of a phased implementation plan with clear timeline, responsibilities, and resource
requirements
9. Extensive stakeholder engagements, incorporating the voices and aspirations of the local community
10. Preparation of a comprehensive Vision document that captures the essence of the proposed city and
services as a roadmap for its development
11. Formulate plans for smart infrastructure, incorporating digital technologies to enhance efficiency in
services such as transportation, utilities, and public amenities. Formulating plan for security system
through drone policing, analysing threats, vulnerability and mitigation strategies.
12. Develop a robust crisis preparedness and mitigation plan, considering potential natural disasters, health
crises, and other emergencies.
The detailed scope of services but not limited to be taken up by the consultant are bifurcated into the following
stages:

(i) Stage I - Review of the existing planning framework and Review of Global Good Practices

i. Comprehensive assessment of the existing situation and identification of the general trends of socio-
economic development at the regional level. Furthermore, this stage will concentrate on the
assessment of available data and information and accuracy of this data in terms of quantity, quality
and its adequacy for the purpose of the preparation of the intended Master Plan.
ii. The Consultant shall undertake a review of the existing development plans, development guidelines
and policies of state agencies such as but not limited to the Town and Country Planning Organisation
(TCPO), Uttar Pradesh State Industrial Development Corporation Ltd. (UPSIDC), and national
agencies such as the National Green Tribunal (NGT) and the Ministry of Housing and Urban Affairs
(MoHUA), and other prevalent national and international guidelines.
iii. Research best practices and identify alternatives approaches regarding technical, environmental and
infrastructure issues.
iv. Showcase examples of successful industrial city master plans globally that prioritize sustainability and
environmentally friendly practices.
v. Highlight global examples where industrial cities have successfully integrated smart technologies for
efficient resource management, transportation and utilities.
vi. Illustrate cases, where industrial cities have successfully implemented mixed use development,
combining industrial zones with residential, commercial and recreational areas.

21
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
vii. Provide examples of industrial cities that have demonstrated resilience in the face of natural disasters
or other disruptions.
viii. Highlight successful global models of PPP in the development and management of industrial cities.
ix. Showcase examples where industrial city master plan have successfully involved local communities
in the planning and decision making.

x. Identify the gaps in terms of information needed and the approach and methods to overcome such
deficiency.
xi. Preparation and Integration of Base Map on a GIS platform compatible with the Authority’s
Infrastructure. The base map must be correctly superimposed on Sajra Map on the GIS platform.

Note: All information must be sourced by the consultant from concerned statutory bodies.

(ii) Stage II – Baseline Assessment and Gap Analysis

i. It is of utmost importance that the current development be analysed and assessed as per current and
future trends and scenarios. The consultant is expected to compile all available spatial and attribute
data, regarding existing conditions in the Project Area.
ii. Compile all available spatial and attribute data, regarding existing conditions in the Project Area
covering, but not limited to the following areas:
a. Socio-economic data including economic base characteristics of various economic sectors,
employment, population and demographic characteristics, industrial base, prevalent sectors and
output, etc.
b. Estimate the population and activity level that can be supported in relation to levels of urban
development (Density, location, land-uses, scale, etc.).
c. Environment and Natural Resources including forests. rivers, lakes and other water resources,
environment and protected areas, natural drainage areas and flooding areas, ravines,
sanctuaries/biodiversity areas, mining and quarrying, high value natural scenic sites including the
heritage areas etc related to the environmental concerns.
d. Physiographic and geology including climate, winds, topography, geology, natural risk sites etc.
e. Assessment of soil conditions, hydrology of the area, tree cover, pH values of the soil etc.
f. Human settlement hierarchy, function and distribution including urban and rural
settlements/habitats.
g. Built-up environment and existing land use.
h. Transportation infrastructure including road based, rail based, waterways and air transport and
networks.
i. Physical infrastructure data including water supply and networks, Electricity supply and network,
sewerage system, telecommunication, solid waste treatment facilities.
j. Social infrastructure data including hierarchy of educational institutions, health and other
community facilities, their distribution and accessibility.
k. Projects under implementation including the inventory of all infrastructure, housing, industrial and
real estate projects.
iii. The consultant must review and analyse the development based on the information collected and
perform a required analysis.
iv. The Consultant will review the surrounding prevalent and proposed Master Plans and co-relate with
the existing development and assess all the gaps and make suggestions within the present and future
context for holistic regional development.
v. Collection of all primary and secondary data will be responsibility of the Consultant.
vi. All the spatial data captured or possible to display spatially must be submitted in GIS format as well.
vii. Review and assessment of land owned & acquired by BIDA in the Notified Area and recommend
suitable proposal.
viii. Review of various industrial policies, incentives and preparing the comparative analysis resulting
enhancing investments across various sectors.

22
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
(iii) Stage III -Vision planning for holistic development of the planning area

i. Based on the detailed analysis and assessment of the development status and current trends in the
Project Area carried out during assessment stage, the Consultants shall develop alternative strategies
to achieve the goals and objective of the sustainable development in the Project Area in the light of
relevant policies. Some of best planning strategies the consultant shall review are, but not limited to,
Mixed Use Development, Green Industries, Sustainable Development, Tourism Development, Smart
Transportation etc.
ii. The Consultants shall carry out, but not limited to, the following:
a. Formulate a Development Vision for planning area stating Vision Statement, targets and
Strategies to achieve goals.
b. Make a realistic demand assessment on key economic activities and employment opportunities -
Demand Assessment to analyses future development prospects, identify target sectors/ markets
based on the competitive and comparative advantage to enhance the pace of economic
development, and ensure balanced development
c. Strategically identify Industrial use for each segment in which the local area holds clear advantage.
d. Developing the estimate for the likely space demand from the identified target industries for space
within Project Area.
e. Development of a product mix to be used as a basis for the preparation of the final land use plan
which will include among other things, a list of industries and activities with land requirements
f. Demographic projection and estimation of future demand on housing and other physical and social
infrastructure.
g. Evolve 2-3 alternative scenarios for spatial growth.
h. With inputs from transportation model, and other key parameters evaluate all 2-3 alternative
scenarios and finally chose preferred alternative
i. Each of proposed alternatives shall discuss the following:
• The vision of the regional/City spatial structure and the likely scale of development in the context
of demographic trends.
• The implications of the above on the distribution of population and activities and on the land use
and environment.
• The role and feasibility of developing growth centers that can attract inward investment and
efficient.
• Economic sector development and employment generation, strategic plans to invite foreign
investments at strategic growth points for economic sustainability and balanced growth.
• The holding capacities of various environmental factors to be assessed for sustainable
development
• Identification of key commercially viable real estate / infrastructure projects that can be to be
taken by the Authority or other government agencies based on a real estate market assessment
• Regional and Urban Infrastructure in terms of transport, water supply, power and
communication, urban environment quality including waste management and flood control.
• The Management of Environment, and Natural Resources. The integration of the capacity of
the environment to accommodate in the proposed strategy. The maintenance and enhancing of
the quality and diversity of natural and cultural heritage.

Stage III (A) - Stakeholder Consultations

i. The Master Plan shall adopt participatory approach by conducting interactive sessions. Therefore,
consultants shall devise effective strategy to conduct consultation with stakeholders including
administrative bodies, head of the departments like forest, irrigation, tourism etc., civil society of both
urban and rural areas, agriculture community, industrialists, traders, elected representatives,
academicians, government and non-governmental organizations.
ii. Various levels of consultations and workshops at the State Government level, ULBs, village etc.
iii. Additionally, the consultant should carry out one to one interaction with key players in the industrial
sector in Uttar Pradesh on their views on industrial growth in BIDA region (format for industry
interactions to be finalised in consultation with the Authority)
23
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
(iv) Stage IV – Conceptual Master Plan

i. Derived from the vision plan, articulate clear goals for the conceptual master plan by ensuring
alignment with BIDA's overall objectives and priorities.
ii. Propose high-level land use concepts and zoning strategies by identifying areas for industrial
development, commercial zones, residential zones, green spaces, and other land uses.
iii. Outline a conceptual infrastructure framework, including transportation networks, utilities, and other
essential services to support the proposed land uses.
iv. Address environmental sustainability by integrating concepts for green spaces, energy efficiency,
waste management, and other eco-friendly practices.
v. Conduct a preliminary economic analysis to assess the economic viability and potential impacts of the
proposed development.
vi. Identify and recommend a regulatory framework that aligns with the proposed land uses. This may
include zoning regulations, building codes, and other planning guidelines.
vii. Create visualizations, renderings, and graphics that help convey the conceptual master plan to
stakeholders. These visuals should communicate the proposed development's aesthetics and
functionality.
viii. Prepare a comprehensive report documenting the conceptual master plan. This report should include
analyses, findings, recommendations, and supporting documentation.
ix. Ensure alignment and integration with broader regional development plans and strategies.
x. Identify potential risks and challenges associated with the conceptual master plan. Propose mitigation
strategies to address these challenges.
xi. Develop a timeline and milestones for the implementation of the proposed strategies and subsequent
stages of master planning, recognizing that the conceptual stage serves as a foundation for more
detailed planning.

(v) Stage V – Draft Master Plan - 2045

Stage V (A): Strategy Formulation

i. Upon approval of the preferred strategy, the Consultants shall formulate the final spatial strategy and
the resultant preliminary land use plan. The preliminary land use plan shall be prepared to the
detailed level described below and by incorporating all comments and feedback from the Authority,
however, in accordance with the provisions of URDPFI Guidelines 2014 & UP Industrial Area
Development Act 1976. The strategy must be addressing but not limited to the following:
a. General zoning covering the whole Project Area and defining clearly all types of land uses across
all hierarchies
b. The Consultant shall suggest guidelines on density, infrastructure and service level norms.
c. The Consultant shall propose alternative approaches to land-use change based on four major
criteria:
o social acceptability;
o economic viability;
o environmental sustainability; and
o financial feasibility.
d. Regional connectivity to reduce the time of travel to approximately 4.5 to 5 hours from the nearby
major cities like New Delhi, Gwalior and Lucknow, to increase the influx of tourists ultimately
increasing the potential of tourism.
e. Transportation Plan-structure plan for road network with hierarchy of roads and rail network.
f. Sector-level transport strategies along with transit related initiatives with their impact.
g. Trunk level water supply, sewerage, Drainage and Power system.
h. Social Infrastructure including health, education, recreation, sports, etc.
i. Solid waste and wastewater treatment facilities.
j. Major resources and distribution system of water, power, sewerage disposal system.
k. Heritage and Environmental conservation system.
l. Conservation of ecosystem and water bodies and action plans for water harvesting.
24
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
m. Spot zoning of existing industries, if any.
n. Regeneration of villages and existing dilapidated structures.

Stage V (B): Perspective plan, master plan and Infrastructure plans including detailed zoning
regulations & urban design guidelines and framework.

i. Based on the final Strategy and Analysis the consultant would finalize the Draft Master Plan and submit
the following
a. Regional Setting
b. Perspective Plan
c. Master Plan
d. Infrastructure Plans
e. Zoning Regulations
f. Urban Design Guidelines and Framework
ii. The other reports of Draft Master Plan shall include the following (briefly in the form of chapters):
a. Transport Sector Plan
b. Strategic Environmental Action Plan
c. Strategic Real Estate and Industrial Development Plan
d. Disaster Management Plan
e. Regional Tourism Plan
f. Plan for Low Income housing and rental housing as indicated in various government guidelines
g. Development control and zoning regulations and Urban Design Guidelines.
h. Capital Investment Action Plans and Action plan for major Projects for the consecutive 5-year
development plans covering the period of the strategy (20 years), along with preliminary cost
estimate of each proposal on priority
i. Requirements for smart city integrated infrastructure including IT infrastructure, central command
and control centers, surveillance systems, intelligent traffic and transport system, fiber optic
network etc.
j. Social and Physical Infrastructure Plan with demand and supply assessment, capacity
estimations and network plan of water, power, sewer, waste management, medical facilities,
security and safety facilities, education facilities etc;
k. Road network plan, highlighting the traffic projections for year 2045, hierarchy of roads and public
transportation plan;

(vi) Stage VI - Assistance to authority in notification and finalization of draft perspective plan,
master plan, infrastructure plans, zoning regulations and other action plans

i. Consultant shall facilitate BIDA in notification of Draft Master Plan. Upon receipt of objections and
suggestions, the same shall be compiled. In consultation with BIDA, strategies to incorporate
objections and suggestions will be finalized and incorporated in the Final Draft Master Plan.
ii. The consultant shall also help BIDA to develop a communication and marketing package for the
stakeholders, at all stages, in the form of presentations/ short videos/ mobile-friendly website/
brochures/ slogans, targeting and focusing upon the objectives of the Vision.
iii. Along with Final Draft Master Plan, the Consultants shall submit all Plans and drawings in GIS platform
in an agreeable format to the Authority. The study area maps shall be digitized on GIS Platform based
on interpretation of the satellite imagery. The maps prepared shall be in compliance with the National
Urban Information System (NUIS) GIS Database structure.
iv. The entire spatial data of Master Plan must be superimposed on Sajra Plan of the Project Area.
v. The digital / spatial database shall be provided in GIS Platform and also in AutoCAD platform to the
Authority.

3 Qualification Criteria:

25
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

3.1 Pre-qualification criteria

The Bidders must carefully examine the below mentioned pre-qualification criteria. The Bidder has to meet all
the criteria set out in this Clause to be eligible for evaluation. The Bidder shall fulfil the conditions as mentioned
below:

# Eligibility Conditions Documentary proof to be

submitted
1 The Bidder should be a Company registered under the Company Registration
Companies Act or Partnership firm registered under the certificate
Partnership Act of 1932 or registered (converted to) under the
Indian Limited Liability Partnership Act, 2008.

2 Financial Capacity: The Consultant have an average annual Form 2 and Audited Financial
turnover of at least INR 300 crore in three (3) consecutive statements from Chartered
financial years in last four (4) financial years from the date of Accountant or Statutory Auditor
bid submission. (FY-20; FY-21; FY-22; FY-23)

3 Experience in one Urban or Regional Planning Project, Form 3

especially Master Plan Review/ Master Plan Preparation/
Development plan/ Regional or Sub-Regional Plans in GIS • Work order
format covering a minimum area of 100 sqkm in India or • Completion Certificate
abroad over the past ten (10) years. • Copy of few pages of the
contract agreement
The project must either be completed or ongoing with 80% specifying detailed scope
work completed. of work.
Note: Experience in City Development Plans (CDP) prepared for • In case of on-going project:
JnNURM funding / any other State funding and Concept Regional a. certification from the CA
Plan/ Development projects will not be considered on the letter head of the
bidder must be submitted,
certifying more than 80%
project completion, and
b. self-declaration to
confirm that the Draft
Master Plan report has
been submitted to the
client.

4 The Bidder should not have been barred by the Central Undertaking as per FORM 5
Government, any State Government, a statutory authority or
(The Bidder should not have
a public sector undertaking, as the case may be, from
been barred)
participating in any project, and the bar subsists as on the
date of the Proposal.

5 Bidder should have, during the last three years, neither failed Undertaking as per FORM 6
to perform on any agreement, as evidenced by imposition of
(Neither failed to perform on any
a penalty by an arbitral or judicial authority or a judicial
agreement, or a judicial
pronouncement or arbitration award against the Bidder, nor
pronouncement or arbitration
been expelled from any project or agreement nor have had
award against the Bidder)
any agreement terminated for breach by such Bidder.

26
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

3.2 Technical Evaluation Criteria:

The evaluation committee (“Evaluation Committee”) appointed by the Client will carry out the
evaluation of Proposals on the basis of the following evaluation criteria and points system. Each
evaluated Proposal will be given a technical score (St) as detailed below. The maximum points/
marks to be given under each of the evaluation criteria are:

# Criteria Marks Documents to be submitted

A Technical Capability 30
A.1 Experience in number of Urban or Regional Planning 18
• Work order
Projects, especially Master Plan Review/ Master Plan
• Completion Certificate
Preparation/ Development plan/ Regional or Sub- • Copy of few pages of the
Regional Plans in GIS format covering a minimum area contract agreement
of 100 sqkm in India or abroad over the past ten (10) specifying detailed scope of
years. over the past ten (10) years. work.
• In case of on-going project:
a. certification from the CA
The project must either be completed or ongoing with on the letter head of the
80% work completed. bidder must be submitted,
certifying more than 80%
project completion, and
Note: Experience in City Development Plans (CDP) b. self-declaration to confirm
prepared for JnNURM funding / any other State funding that the Draft Master Plan
and Concept Regional Plan / Development projects will report has been submitted to
not be considered the client.

Each Project carries 6 Marks (Maximum of 18 Marks)

Project 1: 6 Marks
Project 2: 12 Marks
Project 3: 18 Marks
A.2 Experience in Detailed Master Planning of Industrial 12
• Work order
Park spread over a minimum area of 1,000 acres over
• Completion Certificate
the past ten (10) years anywhere in India. • Copy of few pages of the
The project must either be completed or ongoing with contract agreement
80% work completed. specifying detailed scope of
work.
• In case of on-going project:
Note: Experience in Corridor Development Plans/ Concept
Regional Plan/Concept Development projects will not be a. certification from the CA
considered. In case of on-going project: on the letter head of the
a. a certification from the CA on the letter head of the bidder bidder must be submitted,
certifying more than 80%
must be submitted, certifying more than 80% project
completion, and project completion, and
b. self-declaration to confirm that the Draft Master Plan b. self-declaration to confirm
report has been submitted to the client. that the Draft Master Plan
report has been submitted to
the client.
Each Project carries 4 Marks (Maximum of 12 Marks)
Project 1: 4 Marks
Project 2: 8 Marks
Project 3: 12 Marks
B. CVs of key personnel 60 Key personnel CVs submitted
4 marks for each profile as mentioned in Clause 3.2
(15 key personnel x 4 marks) 1- Qualification -
The number of marks to be assigned to shall be International
determined considering the following three sub-criteria Degree/IIT/IIM/ISB/TISS shall
and relevant percentage weights: be awarded highest marks that
1. Qualifications (relevant education): 25% weightage is 25%
2. Adequacy for the Project (experience in Similar rest of the qualification shall be
Projects): 50% weightage awarded 10%.
3. Years of experience in similar role: 25% weightage 2- Adequacy for the Project
A) Greenfield project
experience in master planning

27
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
for industrial city/ SEZ/ Urban
city
3 projects- 50%
2 Projects – 30%
1 Project – 10%

B) Brownfield project
experience of master planning
3 projects- 25%
2 Projects – 10%
1 Project – 5%

3- Years of experience in
similar role- Greenfield project
experience in master planning
for industrial city/ SEZ/ Urban
city
10 Years- 25%
7 Years – 15%
5 Years – 10%

Brownfield project experience

of master planning-
10 Years- 15%
7 Years – 10%
5 Years – 5%

C Technical Presentation 10 To be presented to the BIDA

-Approach & Methodology (04 Marks) tender evaluation Committee

-Surveying techniques (03 Marks)

- Work Plan (03 Marks)
Total 100

Minimum score of 70 marks is required in the evaluation process. Only those bids having minimum score
would be eligible for opening of financial bids. All the firms which meet the minimum qualifying marks
prescribed will stand technically qualified for consideration of their financial bids.

FOR Quality cum Cost based Selection (QCBS)

Under QCBS, the Technical Proposals will be allotted weightage of 80% while the Financial Proposals will be
allotted weightages of 20%.
Proposal with the lowest cost shall be given a financial score of 100 and other proposals shall be given a
financial score that are inversely proportional to their quoted prices.
The total score, both technical and financial, shall be obtained by weighing the quality and cost scores and
adding them up. The proposed weightages for quality and cost shall be specified in the RFP.
Highest points basis: On the basis of the combined weighted score for quality and cost, the consultant shall
be ranked in terms of the total score obtained. The proposal obtaining the highest total combined score in
evaluation of quality and cost will be ranked as H-1 followed by the proposals securing lesser marks as H-2,
H-3 etc. The proposal securing the highest combined marks and ranked H-1 will be invited for negotiations, if
required and shall be recommended for award of contract.
As an example, the following procedure can be followed.
In a particular case of selection of consultant, it was decided to have minimum qualifying marks for technical
qualifications as 60 and the weightage of the technical bids and financial bids was kept as 80:20.
In response to the RFP, 3 proposals, A, B &C were received. The technical evaluation committee awarded
them 75, 80 and 90 marks respectively. The minimum qualifying marks were 60. All the 3 proposals were,
therefore, found technically suitable and their financial proposals were opened after notifying the date and time

28
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
of bid opening to the successful participants. The price evaluation committee examined the financial proposals
and evaluated the quoted prices as under:
Proposal Evaluated cost:
A. Rs. 120.
B. Rs. 100.
C. Rs. 110.
Using the formula LECx100/EC, where LEC stands for lowest evaluated cost and EC stands for evaluated
cost, the committee gave them the following points for financial proposals:
A: 100x100/120. = 83 points
B: 100x100/ 100. =100 points
C: 100x100/ 110. = 91 points
In the combined evaluation, thereafter, the evaluation committee calculated the combined technical and
financial score as under:
Proposal A: 75x0.80 + 83x0.20=76.6 points
Proposal B: 80x0.80 + 100x0.20=84 points
Proposal C: 90x0.80 + 91x0.20=90.2 points
The three proposals in the combined technical and financial evaluation were ranked as under:
Proposal A: 76.6 points H3
Proposal B: 84 points H2
Proposal C: 90.2 points H1
Proposal C at the evaluated cost of Rs. 110 was, therefore, declared as H1 (highest ranked) and recommended
for negotiations/approval, to the competent authority.

29
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

4 Human Resource
The Consultant must have a team of experts who can produce best quality and timely deliverables. The
minimum team of the consultant must consist of the following personnel:

Table 1: Required Team

Key Professionals

S.no Position Professional Qualification and Specific Expertise

Experience
1. Project Minimum 20 Shall have Postgraduate in Planning/ Development Studies
Manager years from an accredited college or University.
(Team Leader) Shall have experience as Team Leader for Urban or Regional
Planning assignments of similar magnitude and nature.
Should have relevant experience as Team Leader/ Project
Director in formulation of Master Plans/ Regional Plans/ Sub-
Regional Plans/ Metropolitan Regional Plans with a population
more than 0.7 million in India or abroad.
2. Financial Minimum 15 Shall have a Master degree in Finance/ Business
Analyst cum years administration from an accredited college / University.
Market Expert** Shall have relevant experience, including PPP aspects, in area
development projects/ infrastructure development projects
(Deputy Team should also have experience in Financial analysis, project
Leader) structuring bid process management of infrastructure projects.
Expertise in analysing and assessing economic policies
related to urban and industrial development
Ability to gather and analyse market intelligence, identifying
trends, opportunities and challenges relevant to industrial
development
3. Socio- Minimum 15 Shall have Masters degree in Planning/ Social sciences/
Economic years Economics.
Development Should have experience in Socio-economic aspects and their
Specialist implications relating to similar large-scale development
projects (integrated industrial parks/sez/townships) spread
over an area more than 1000 acres in India or abroad
4. Transportation Minimum 15 Shall have Masters degree in Transportation Planning with
Planner years graduation in Civil Engineering or Architecture from an
accredited college or University.
Shall have relevant experience in transport planning
assignments in Metropolitan cities/regions of similar
magnitude, size and nature in India or abroad.
Knowledge on National Transport Policy and JNNURM is
desirable. Should have experience as Transport
Modeller/Land use Transport Modeller in similar kinds of
assignments.
5. Heritage Minimum 15 Shall have Postgraduate in Conservation/ Heritage Studies or
Conservation years equivalent from an accredited college or University.
Expert
30
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

Key Professionals

S.no Position Professional Qualification and Specific Expertise

Experience
Shall have experience for Urban Conservation or Regional
Conservation assignments of similar magnitude and nature.
Experience in developing master plans for areas with
significant urban heritage elements and successful projects
involving the integration of heritage preservation into urban
development.
Specialized knowledge and expertise in heritage conservation
principles, practices, and national/ international standards.
Familiarity with conservation technologies and methodologies
for preserving cultural and historical assets.

6. Landscape Minimum 15 Shall have Postgraduate in Landscape Architecture/

Expert years Landscape Planning or equivalent from an accredited college
or University.
experience in developing master plans with a focus on
landscape design and urban open spaces. Successful
completion of projects of similar scale and complexity.
Specialized knowledge in urban landscape design principles
and practices. Experience in creating aesthetically pleasing
and functional outdoor spaces within urban environments.
Skills in conducting thorough site analysis, including
topography, soil conditions, and existing vegetation. Ability to
assess the environmental context and incorporate findings into
landscape planning.
7. Industrial Expert Minimum 10 Shall have Postgraduate in Urban Planning or equivalent from
** years an accredited college or University.
Experience in developing master plans for industrial towns or
areas with a focus on industrial development. Successful
completion of projects of similar scale and complexity..
Specialized knowledge in industrial planning principles and
practices. Familiarity with industrial zoning, land use planning,
and infrastructure requirements for industrial areas.
Understanding of local, national, and international regulations
related to industrial development. Awareness of sustainable
industrial development practices and consideration of
environmental impact assessments.
Strategies for integrating green and sustainable elements into
industrial planning.
8. Infrastructure Minimum 15 Shall have a B.E/ B.Tech in civil engineering/ Degree in
Consultant ** years Environmental Engineering from an accredited
college/University.
Shall have experience in assignments of planning/designing of
integrated infrastructure (water supply, sewerage and

31
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

Key Professionals

S.no Position Professional Qualification and Specific Expertise

Experience
sanitation and drainage) of Metropolitan cities/urban
areas/industrial regions/area development projects of similar
magnitude in India or abroad.
9. Environmental Minimum 10 Shall have at least Master degree in Environmental Planning/
& Hydrology years Sustainable Planning/ Engineering/ Science from an
Specialists ** accredited college/university.
Should have experience in preparation of strategic
Environment plans, sustainability plans. EIA and EMP in area
development projects. Should be conversant with safeguard
policies of national and international funding agencies.
Experience in preparing environmental management plan,
climate impact analysis etc.
10. Urban Minimum 15 Shall have Masters degree in Urban Design from an accredited
Designer** years College/University. Should have experience in Urban design
aspects.
Experience in working with national and local government in
developing countries.
Familiar to urban planning systems integrated with urban
design concepts in India; Prior experience of working in Indian
Cities; Experience in Place making and Strong visualization
skills.
11. Urban Planner Minimum 5 Shall have Masters degree in Urban or Regional Planning &
& GIS Expert ** years Bachelor of Architecture or Planning from an accredited
College/University.
should have masters/ diploma in Geo informatics.
Should have experience in Urban planning aspects.
Experience of working in GIS is mandatory.
Should have the experience of interpretation of satellite
imageries and preparation of a base map for a similar
assignment.
Experience in managing and analyzing spatial data relevant to
urban planning, land use and industrial development
12. Power supply Minimum 8 shall have bachelors in electrical engineering from an
expert years accredited College/University
Should have experience in designing and implementation of
power supply network and related infrastructure including sub
stations, transmission line and distribution network for large
integrated townships/ Industrial area projects spread over area
more than 1000 acres.

13. Market research Minimum 10 Should have MBA in marketing from an accredited
(Industry) years College/University

32
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

Key Professionals

S.no Position Professional Qualification and Specific Expertise

Experience
Having experience in conducting market research for industrial
park/ SEZ having an area more than 1000 acres.
14. Economic Minimum 8 Minimum masters in economics from an accredited
analyst years College/University
Should have experience in undertaking economic analysis &
calculating economic rate of return for industrial park/ sez /
townships spread over an area more than 1000 acres.
15. ICT Expert Minimum 8 Bachelors in Computer science & Engineering from an
years of accredited college/University.
Experience

Should have experience in planning & designing of Smart

cities using internet of things IOT and information &
communication technologies.

4.1 Handholding Support till the approval of Master Plan

i. The consultant would depute/ station dedicated staff (marked with ‘*’) for the Authority who must
always be available till the approval of Master Plan from all the competent authorities.
ii. The Project Manager/ Team Leader will visit at least twice a month or as desired by the Authority and
Deputy Team Leader at least thrice a month or as desired by the Authority.
iii. Consultant is expected to maintain and update the Master Plan for the said period in consultation with
the Authority and maintain a record of all changes before approval of Master Plan by Competent
Authorities.
iv. The digital / spatial database shall be provided in GIS Platform and also in AutoCAD platform to the
Authority.

4.2 Deliverable and Payment Milestones

The Consultant must provide with a detailed report and presentation of tasks, process, and findings at every
stage along with as required submission listed in Table 2. For closure of each stage, all the submissions by
the Consultant must be approved and accepted by the Authority.

33
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

Table 2: Submissions by the Consultant

Completion / % Payment
Submission Time (at on Approval
S.No. Milestones/Deliverables
the end of) (from date of the
of award of contract) Deliverable.

Stage 1- Review of the existing planning

framework and Review of Global Good
Practices
(Submission of Inception Report)
i.Mobilization Plan & team deployment; (within 7
days) 45 days
1 5%
ii.Approach and methodology; (within 15 days) (1.5 Months)
iii.Work Plan; (within 15 days)
iv.Review of the existing planning framework;
(within 30 days)
v.Review of Global Good Practices (within 45
days)
Stage 2- Baseline Assessment & Gap Analysis
3 Months from the
2 award of contract 10%
Note: All the spatial data collected by the consultant
must be on GIS

4 Months from the award

3 Stage 3- Vision Plan 15%
of contract

Report of stakeholder consultation and suggested 4.5 Months from the

4 5%
amends along with impact analysis of the changes award of contract

5 Months from the award

5 Stage 4- Conceptual Master Plan 15%
of contract

Stage 5- Master Plan-2045, First Draft Report

6.5 Months from the
6 Note: All the spatial data collected by the consultant 15%
award of contract
must be on GIS
Stage 6A - Draft ToR for appraisal by committee
concerned (MoEF/ SEAC) (To be submitted at the
time of finalization of master plan)

Submission of detailed EIA & EMP reports as per

approved ToR by appraisal committee.

Submission of final EIA report duly incorporating

minutes of Public hearing/ consultation along with
all the required documents for appraisal by
committee (MoEF/ SEAC) 10 months from the
7 20%
award of contract
Obtaining Environmental Clearance

Obtaining CTE subsequent to EC accorded

Stage 6B- Assistance to Authority in notification
and submission of finalized Master Plan 2045
Zoning Regulations and action Plans.
Note: All the spatial data collected by the consultant
must be on GIS

34
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

Completion / % Payment
Submission Time (at on Approval
S.No. Milestones/Deliverables
the end of) (from date of the
of award of contract) Deliverable.

Approval of the Master Plan 2045 from all the 11 months from the
8 15%
competent authorities. award of contract

In case of a delay in submission of deliverable/s by more than one (1) month and if the cause of delay is solely
attributed to the consultant, the Authority may impose a penalty of 2% of total cost of amount payable at that
deliverable per month of delay. The decision of the Authority shall be final and binding on the consultant. All
the submissions by the consultant must be made in hard and soft copies. Minimum 10 hard copies must be
submitted for each submission.

Subject to submission of tax invoice by the consultant, the client will release 50% payment due against a
particular milestone if the comments/approval from the client is not received within 45 days from the date of
formally submission of the report (hard copy). Remaining 50% shall be released only after receipt of
comments/approval from the concerned Nodal Agency/client.

Payment shall be made within 45 days from the approval of the relevant deliverables, and within 75 days in
the case of the final payment, on achievement of milestones.

35
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

5 Standard Forms – Technical Proposal

Form 3A: Proposal Submission Form
Form 3B: Format for Eligible Projects
Form 3C: Format for Average Annual Turnover of Applicant
Form 3D: Format for Power of Attorney for Authorized representative
Form 3E: Format of Bank Guarantee for Bid Security
Form 3F: Description of Approach, Methodology and Work Plan for Performing the
Assignment
Form 3G: Team Composition and Task Assignments
Form 3H: Curriculum Vitae (CV) for Proposed Professional Staff (with one page of
summary of experience)
Form 3I: Staffing Schedule
Form 3J: Work Schedule

5.1 Form 3A: Proposal Submission Form

(To be printed on Letter Head)

[Location, Date]

To
Manager (Admin),
First floor, Pahariya guest house,
Irrigation department, Mata Tila Colony,
Jhansi, Uttar Pradesh

RFP dated [date] for [name of assignment]

Dear Sir,

With reference to your RFP Document dated [date], we, having examined all relevant documents and
understood their contents, hereby submit our Technical Proposal for selection as [name of assignment]. The
Proposal is unconditional and unqualified.

We are submitting our Proposal as [sole applicant]

If negotiations are held during the period of validity of the Proposal, we undertake to negotiate in accordance
with the RFP. Our Proposal is binding upon us, subject only to the modifications resulting from negotiations in
accordance with the RFP.

We understand you are not bound to accept any Proposal you receive.

Further:

1. We acknowledge that Client will be relying on the information provided in the Proposal and the documents
accompanying the Proposal for selection of the Consultant, and we certify that all information provided in the
Proposal and in the supporting documents is true and correct, nothing has been omitted which renders
such information misleading; and all documents accompanying such Proposal are true copies of their
respective originals.

2. This statement is made for the express purpose of appointment as the Consultant for the aforesaid Project.

36
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
3. We shall make available to Client any additional information it may deem necessary or require for
supplementing or authenticating the Proposal.

4. We acknowledge the right of Client to reject our application without assigning any reason or otherwise and
hereby waive our right to challenge the same on any account whatsoever.

5. We certify that in the last 3 (three) years, we have neither failed to perform on any contract, as evidenced
by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award
against the Applicant, nor been expelled from any project or contract by any public authority nor have had any
contract terminated by any public authority for breach on our part.

6. We declare that:

a) We have examined and have no reservations to the RFP, including any Addendum issued by the Authority;

b) We do not have any conflict of interest in accordance with the terms of the RFP;

c) We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice, as defined in the RFP document, in
respect of any tender or request for proposal issued by or any agreement entered into with Client or any other
public sector enterprise or any government, Central or State; and

d) We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will
engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice.

7. We understand that you may cancel the selection process at any time and that you are neither bound to
accept any Proposal that you may receive nor to select the Consultant, without incurring any liability to
the Applicants.

8. We declare that we are not a member of any other Consortium/JV applying for selection as a Consultant.

9. We certify that in regard to matters other than security and integrity of the country, we or any of our affiliates
have not been convicted by a court of law or indicted or adverse orders passed by a regulatory authority which
would cast a doubt on our ability to undertake the Consultancy for the Project or which relates to a grave
offence that outrages the moral sense of the community.

10. We further certify that in regard to matters relating to security and integrity of the country, we have not
been charge-sheeted by any agency of the Government or convicted by a court of law for any offence
committed by us or by any of our affiliates. We further certify that we have not been barred by the central
government, any state government, a statutory body or any public sector undertaking, as the case may be,
from participating in any project or bid, and that any such bar, if any, does not subsist as on the date of this
RFP.

11. We further certify that no investigation by a regulatory authority is pending either against us or against our
affiliates or against our CEO or any of our Directors/ Managers/ employees.

12. We hereby irrevocably waive any right or remedy which we may have at any stage at law or howsoever
otherwise arising to challenge or question any decision taken by Client in connection with the selection of
Consultant or in connection with the selection process itself in respect of the above-mentioned Project.

13. We agree and understand that the proposal is subject to the provisions of the RFP document. In no case,
shall we have any claim or right of whatsoever nature if the consultancy for the Project is not awarded to us or
our proposal is not opened or rejected.

14. In the event of our being selected as the Consultant, we agree to enter into a Contract in accordance with
the contract prescribed in the RFP. We agree not to seek any changes in the aforesaid form and agree to
abide by the same.

37
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
15. We have studied RFP and all other documents carefully. We understand that except to the extent as
expressly set forth in the Contract, we shall have no claim, right or title arising out of any documents or
information provided to us by Client or in respect of any matter arising out of or concerning or relating to the
selection process including the award of consultancy.

16. The Financial Proposal is being submitted in a separate cover. This Technical Proposal read with the
Financial Proposal shall be binding on us.

17. We agree and undertake to abide by all the terms and conditions of the RFP Document.

We remain,

Yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:

Name of Firm:

Address:

Email Address:

Contact no:

(Name and seal of the Applicant/ Member in Charge)

38
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

5.2 Form 3B: Format for Eligible Projects

[Using the format below, provide information on each assignment for which your firm, and each
associate for this assignment, was legally contracted either individually as a corporate entity or as
one of the major companies within a JV for carrying out consulting services similar to the ones
requested under this assignment.]

• Projects experience without the client certificate will not be evaluated.

• For Eligible Projects, ongoing projects completed to 80 percent can be considered.

Assignment Name and project cost: Approx. value of the contract (in INR in Crore):
Country & location: Duration of assignment (months):
Name of Client: Total No. of staff-months of the assignment:
Address: Approx. value of the services provided by
your firm under the contract (in INR in Crore):

Start Date (Month/Year): No. of professional staff – months provided

Completion Date (Month/Year): by associated Consultants:

Name of Lead Partner: Name of senior professional staff of your firm

involved and functions performed (indicate
most significant profiles such as Project
Name of Associated Consultants, If any: Director/Coordinator, Team Leader):

Narrative Description of Project:

(highlight project capital cost in the narration)

Description of actual services provided by your staff within the assignment:

Firm’s Name:

Authorized Signature:

Note: For the purpose of evaluation of Applicants INR 84.00* (INR Eighty Four only) per USD shall
be considered as the applicable currency conversion rate. In case of any other currency, the same
shall first be converted to USD as on the date 60 (sixty) days prior to the proposal due date and the
amount so derived in USD shall be converted into INR at the aforesaid rate. The conversion rate of
such currency shall be the daily representative exchange rates published by the IMF for the relevant
date Please limit the description of the project to four (04) single sided pages (two double sided
pages) A4 size sheet of paper. Descriptions exceeding two A4 size sheet of paper shall not be
considered for evaluation.

*chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://old.cbic.gov.in/htdocs-
cbec/customs/cs-act/notifications/notfns-2023/cs-nt2023/csnt68-2023.pdf

39
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

5.3 Form 3C: Format for Average Annual Turnover of Applicant:

Average Annual Turnover of Applicant

Sr. Financial Years Revenue from Consultancy

Services (INR)

1. FY 2021
2. FY 2022

3. FY 2023

4. Average Annual Turnover of Applicant

Certificate from the Statutory Auditor

This is to certify that [name of company] [registered address] has received the payments shown
above against the respective years.

Name of Authorized Signatory:

Designation:

Name of firm:

Signature of Authorized Signatory:

Seal of Audit firm:

UDIN:

40
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

5.4 Form 3D: Format for Power of Attorney for Authorized representative

Know all men by these presents, We, [name of organization and address of the registered office] do hereby
constitute, nominate, appoint and authorise Mr / Ms [name], son/ daughter/ wife of [name], and presently
residing at [address], who is presently employed with/ retained by us and holding the position of [designation]
as our true and lawful attorney (hereinafter referred to as the “Authorised Representative”), with power to sub-
delegate to any person, to do in our name and on our behalf, all such acts, deeds and things as are necessary
or required in connection with or incidental to submission of our Proposal for and selection as consultant for
[name of assignment], to be developed by Bundelkhand Industrial Development Authority (the “Authority”)
including but not limited to signing and submission of all applications, proposals and other documents and
writings, participating in pre-bid and other conferences and providing information/ responses to the Authority,
representing us in all matters before the Authority, signing and execution of all contracts and undertakings
consequent to acceptance of our proposal and generally dealing with the Authority in all matters in connection
with or relating to or arising out of our Proposal for the said Project and/or upon award thereof to us until the
entering into of the Contract with the Authority.

AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be done
by our said Authorised Representative 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 Authorised Representative in exercise of the
powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, [name of organization], THE ABOVE-NAMED PRINCIPAL HAVE EXECUTED
THIS POWER OF ATTORNEY ON THIS [date in words] DAY OF [month] [year in ‘yyyy’ format].

For [name and registered address of organization]

[Signature]

[Name]

[Designation]

Witnesses:

1. [Signature, name and address of witness]

2. [Signature, name and address of witness]

Accepted

Signature]

[Name]

[Designation]

[Address]

Notes:

1. 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 seal
affixed in accordance with the required procedure.
2. Wherever required, the Applicant should submit for verification the extract of the charter documents and other documents
such as a resolution/power of attorney in favour of the person executing this Power of Attorney for the delegation of power
hereunder on behalf of the Applicant.
3. 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
Applicants 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 Appostille certificate .

41
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

5.5 Form 3E: Format of Bank Guarantee for Bid Security

BG No.

Date:

1. In consideration of you, Bundelkhand Industrial Development Authority, having its registered office at ‘First
floor, Pahariya guest house, Irrigation department, Mata Tila Colony, Jhansi, Uttar Pradesh, India’ (hereinafter
referred to as the “Authority” which expression shall, unless repugnant to the context or meaning thereof,
include its administrators, successors and assigns) having agreed to receive the proposal of [Name of
company], a company registered under the Companies Act, 1956 and having its registered office at [registered
address of company], [name of company] and [name of company] (hereinafter referred to as the “Bidder” which
expression shall unless it be repugnant to the subject or context thereof include its successors and assigns),
for appointment as Consultant for [name of assignment] (hereinafter referred to as the “Consultancy”) pursuant
to the RFP Document dated [date] issued in respect of the Consultancy and other related documents including
without limitation the draft contract for consultancy services (hereinafter collectively referred to as “RFP
Documents”), we [Name of the Bank] having our registered office at [registered address] and one of its
branches at [branch address] (hereinafter referred to as the “Bank”), at the request of the Bidder, do hereby in
terms of relevant clause of the RFP Document, irrevocably, unconditionally and without reservation guarantee
the due and faithful fulfilment and compliance of the terms and conditions of the RFP Document by the said
Bidder and unconditionally and irrevocably undertake to pay forthwith to the Authority an amount of Rs. [in
figures] ([in words]) (hereinafter referred to as the “Guarantee”) as our primary obligation without any demur,
reservation, recourse, contest or protest and without reference to the Bidder if the Bidder shall fail to fulfil or
comply with all or any of the terms and conditions contained in the said RFP Document.

2. Any such written demand made by the Authority stating that the Bidder is in default of the due and
faithful fulfilment and compliance with the terms and conditions contained in the RFP Document shall be final,
conclusive and binding on the Bank. We, the Bank, further agree that the Authority shall be the sole judge to
decide as to whether the Bidder is in default of due and faithful fulfilment and compliance with the terms and
conditions contained in the RFP Document including, Document including without limitation, failure of the said
Bidder to keep its Proposal valid during the validity period of the Proposal as set forth in the said RFP
Document, and the decision of the Authority that the Bidder is in default as aforesaid shall be final and binding
on us, notwithstanding any differences between the Authority and the Bidder or any dispute pending before
any court, tribunal, arbitrator or any other authority.

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable under this
Guarantee without any demur, reservation, recourse, contest or protest and without any reference to the Bidder
or any other person and irrespective of whether the claim of the Authority is disputed by the Bidder or not,
merely on the first demand from the Authority stating that the amount claimed is due to the Authority by reason
of failure of the Bidder to fulfil and comply with the terms and conditions contained in the RFP Document
including without limitation, failure of the said Bidder to keep its Proposal valid during the validity period of the
Proposal as set forth in the said RFP Document for any reason whatsoever. Any such demand made on the
Bank shall be conclusive as regards 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. [in figures] ([in words]).

4. This Guarantee shall be irrevocable and remain in full force for a period of 180 (one hundred and
eighty) days from the Proposal Due Date and a further claim period of thirty (30) days or for such extended
period as may be mutually agreed between the Authority and the Bidder, and agreed to by the Bank, and shall
continue to be enforceable until all amounts under this Guarantee have been paid.

5. The Guarantee shall not be affected by any change in the constitution or winding up of the Bidder or
the Bank or any absorption, merger or amalgamation of the Bidder or the Bank with any other person.

6. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the Bank as the
principal debtor. The Authority shall have the fullest liberty without affecting in any way the liability of the Bank
under this Guarantee from time to time to vary any of the terms and conditions contained in the said RFP
42
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
Document or to extend time for submission of the Proposals or the Proposal validity period or the period for
conveying of Letter of Acceptance to the Bidder or the period for fulfilment and compliance with all or any of
the terms and conditions contained in the said RFP Document by the said Bidder or to postpone for any time
and from time to time any of the powers exercisable by it against the said Bidder and either to enforce or
forbear from enforcing any of the terms and conditions contained in the said RFP Document or the securities
available to the Authority, and the Bank shall not be released from its liability under these presents by any
exercise by the Authority of the liberty with reference to the matters aforesaid or by reason of time being given
to the said Bidder or any other forbearance, act or omission on the part of the Authority or any indulgence by
the Authority to the said Bidder or by any change in the constitution of the Authority or its absorption, merger
or amalgamation with any other person or any other matter or thing whatsoever which under the law relating
to sureties would but for this provision have the effect of releasing the Bank from its such liability.

7. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or made if
addressed to the Bank and sent by courier or by registered mail to the Bank at the address set forth herein.

8. We undertake to make the payment on receipt of your notice of claim on us addressed to [Name of
bank along with branch address] and delivered at our above branch which shall be deemed to have been duly
authorised to receive the said notice of claim.

9. It shall not be necessary for the Authority to proceed against the said Bidder before proceeding against
the Bank and the guarantee herein contained shall be enforceable against the Bank, notwithstanding any other
security which the Authority may have obtained from the said Bidder or any other person and which shall, at
the time when proceedings are taken against the Bank hereunder, be outstanding or unrealised.

10. We, the Bank, further undertake not to revoke this Guarantee during its currency except with the
previous express consent of the Authority in writing.

11. The Bank declares that it has power to issue this Guarantee and discharge the obligations
contemplated herein, the undersigned is duly authorised and has full power to execute this Guarantee for and
on behalf of the Bank.

12. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to Rs. [in
figures] ([in words]). The Bank shall be liable to pay the said amount or any part thereof only if the Authority
serves a written claim on the Bank in accordance with paragraph 8 hereof, on or before [date].

Signed and Delivered by [name of bank]

By the hand of Mr. /Ms. [name], it’s [designation] and authorised official.

(Signature of the Authorised Signatory) (Official Seal)

Notes:

• The Bank Guarantee should contain the name, designation and code number of the officer(s) signing the Guarantee.
• The address, telephone number and other details of the Head Office of the Bank as well as of issuing Branch should
be mentioned on the covering letter of issuing Branch.

43
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

5.6 Form 3F: Description of Approach, Methodology and Work Plan for Performing
the Assignment

Project Management and Technical approach with methodology and work plan are key components of the
Technical Proposal. The consultant is suggested to present its Technical Proposal divided into the following
chapters:

a) Project Management Approach

b) Technical Approach and Methodology,
c) Work Plan, and
d) Organization and Staffing.

• Project Management Approach: In this section the consultant shall explain its overall philosophy with
project management, the systems, tools and processes used to manage the cost and schedule.
Specifically, the consultant must describe how it will organize and deliver the project management
tasks/deliverables required in Terms of Reference.
• Technical Approach and Methodology: In this chapter the consultant should explain the understanding of
the objectives of the assignment, approach to the services, methodology for carrying out the activities to
obtain the expected output and the degree of detail of such output. The consultant should highlight the
problems to be addressed along with their importance and explain the technical approach the consultant
would adopt to address them. The consultant should also explain the proposed methodologies
to adopt and highlight the compatibility of those methodologies with the proposed approach.
• Work Plan: In this chapter the consultant should propose the main activities of the assignment, their
content and duration, phasing and interrelations, milestones (including interim approvals by the Client)
and delivery dates of the reports. The proposed work plan should be consistent with the project
management and technical approach and methodology, showing understanding of the TOR and ability to
translate them into a feasible working plan. A list of the final documents, including reports, drawings, and
tables to be delivered as final output, should be included here. The work plan should be consistent with
the Work Schedule of Form below.
• Organization and Staffing: In this chapter the consultant should propose the structure and composition of
the proposed team. The consultant should list the main disciplines of the assignment, the key expert
responsible, and proposed technical and support staff.

44
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

5.7 Form 3G: Team Composition and Task Assignments

1. Professional Staff

Name of Staff Firm Area of expertise Position Task Assigned

Assigned

2. Support Staff

Name of Staff Firm Area of expertise Position Task Assigned

Assigned

*Consultants, who are executing ongoing mandates with the Client, must propose a separate team
of Key Personnel while bidding for this project. The Key Personnel proposed above should be
stationed at the client location and be available for presentations/ discussions /meetings with the
Client, State Government etc

45
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

5.8 Form 3H: Curriculum Vitae (CV) for Proposed Professional Staff (with one page
of summary of experience)

1 Proposed position

Name of firm

Name of Staff

Date of Birth

Nationality

Education [Indicate college/university and other

specialized education of staff member,
giving names of institutions, degrees
obtained, and year of obtainment starting
from the latest degree]
Membership of Professional Organizations

Training & Publications Indicate significant training since education

degrees (under 5) were obtained
Countries of Work Experience List countries where staff has worked in
the last ten years
Languages Language Proficiency (good/ fair/ poor)

Speaking Reading Writing

English

Employment record Name of Position Duration

(starting with present position, list in reverse Organization held YYYY to
order every employment held by staff present
member since graduation)

Details of tasks assigned

13. Work Undertaken that Best Illustrates [Among the assignments in which the Staff
Capability to Handle tasks assigned. has been involved, indicate the following
information for those assignments that best
illustrate staff capability to handle the task
assigned:
Year:
Location:
Client:
Project Cost:
Main project features:
Positions held:
Activities performed:

Certification I, the undersigned, certify that to the best of

my knowledge and belief, this CV correctly
describes me, my qualifications, and my
experience. I understand that any wilful
46
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

misstatement described herein may lead to

my disqualification or dismissal, if
engaged.
Signature Signature

Date (dd/mm/yyyy): Date (dd/mm/yyyy):

Name of staff member: Name of Authorized Signatory:

Note:
Please restrict the number of pages per CV to four (04) pages (two sheets if printed both
sides). The one-page summary shall be over and above the four (04) page CV. Pages in the
CV greater than these limits shall not be considered for evaluation.

47
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

5.9 Form 3I: Staffing Schedule

Sr. Name of key staff Staff input (in the form of a bar Total staff
chart) input

M1 M2 M3 M4 M5 M6 n (months)

Name of support M1 M2 M3 M4 M5 M6 n (months)

staff

Total

48
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

5.10 Form 3J: Work Schedule

A. Field investigations and study teams

Sr. Activity Months (in the form of a bar chart) Total

M1 M2 M3 M4 M5 M6 n (months)

Total

B. Completion and submission of reports

Sr. Reports Date

49
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

6 Standard Forms- Financial Proposal

(to be sealed separately in an envelope, separate from the technical proposal)

Form 4A: Financial Proposal Submission Form

Form 4B: Summary of Costs

Form 4C: Breakdown of Costs

Form 4D: Breakdown of Remuneration of key staff

Form 4E: Breakdown of Out of Pocket Expenses

50
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

6.1 Form 4A: Financial Proposal Submission Form

(to be sealed separately in an envelope, separate from the technical proposal)

(To be printed on Letter Head)

[Location] [Date]

To

Manager (Admin),
First floor, Pahariya guest house,
Irrigation department, Mata Tila Colony,
Jhansi, Uttar Pradesh

Dear Sir,

Subject: [name of assignment].

We, the undersigned, offer to provide the consulting services for [name of assignment] in
accordance with your Request for Proposal dated [date] and our Proposal. Our attached Financial
Proposal is for the sum of [amount(s) in words and figures].

Our Financial Proposal shall be binding upon us subject to the modifications resulting from
arithmetic correction, if any, up to expiration of the validity period of the Proposal, i.e. [date].

We undertake that, in competing for (and, if the award is made to us, in executing) the above
contract, we will strictly observe the laws against fraud and corruption in force in India namely
“Prevention of Corruption Act 1988”.

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature [In full and initials]: Name and Title of Signatory:

Name of Firm:

Address:

51
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

6.2 Form 4B - Summary of Costs

(to be sealed separately in an envelope, separate from the technical proposal)

Item Amount in words Amount in figures

Cost (INR)

Costs of Financial
Proposal
(including all other taxes)

GST

Total cost of
Financial Proposal
(including GST)
GST would be payable at the applicable rates as may be in force from time to time. All cost
associated with the assignment should be quoted only in Indian National Rupees (INR).

All payments will be done by the Client (BIDA) only in Indian National Rupees.

52
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

6.3 Form 4C - Breakdown of Costs

(to be sealed separately in an envelope, separate from the technical proposal)

Cost Component Amount in words (INR) Amount in figures (INR)

Remuneration

Out of pocket expenses

Cost of financial proposal

53
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

6.4 Form 4D - Breakdown of Remuneration

Input Amount
Name Position Staff-month
Rate (Staff- (in Indian
months) Rupees)

Key Staff

Support Staff

Total Costs

54
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

6.5 Form 4E - Out of Pocket Expenses

(to be sealed separately in an envelope, separate from the technical proposal)

Sr. Description Unit Unit cost Quantity Amount

Per diem allowances (including Day (INR)
board and lodging)
Air Travel Trip
Local travel expenses Day

Total

55
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

7 Form 5- Declaration
Declaration for not being barred by the Central Government, any State Government, a statutory authority or
a public sector

Declaration Letter for “<insert name of the RFP>”

(To be printed on Letter Head)

Sir/Madam,

This is to notify you that our Company / LLP / Partnership / Society / Proprietorship <Please delete
whichever is not applicable> intends to submit a proposal in response to <insert name of the RFP>, we also
declare that our Company / LLP / Partnership / Society / Proprietorship <Please delete whichever is not
applicable> has not been blacklisted by any Central / State Government Department / Public Sector
Undertaking.

Sincerely,

___________________________

(Signature of the Authorized Person)

(Seal and stamp of the Organisation)

Name:

Designation:

56
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

8 Form 6- Declaration
Declaration that, during the last three years, the Bidder has neither failed to perform on any agreement, as
evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or
arbitration award against the Bidder, nor been expelled from any project or agreement nor have had any
agreement terminated for breach by such Bidder.

Declaration Letter for “<insert name of the RFP>”

(To be printed on Letter Head)

Sir/Madam,

This is to notify you that our Company / LLP / Partnership / Society / Proprietorship <Please delete
whichever is not applicable> intends to submit a proposal in response to <insert name of the RFP>, we also
declare that our Company / LLP / Partnership / Society / Proprietorship <Please delete whichever is not
applicable> has during the last three years, neither failed to perform on any agreement, nor has been
evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or
arbitration award, nor been expelled from any project or agreement nor have had any agreement terminated
for breach by us.

Sincerely,

___________________________

(Signature of the Authorized Person)

Name:

Designation:

57
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

9 General Conditions of Contract

9.1 General provisions

(i) Definitions
Unless the context otherwise requires, the following terms whenever used in this Contract have the following
meanings:
a) “Applicable Law” means the all laws, bye-laws, rules, regulations, orders, ordinances, protocols, codes,
guidelines, policies, notices, directions, judgments, decrees and any other instruments having the force of
law in India as they may be issued and in force from time to time;
b) “Affiliate” means, with respect to any Party, any other entity that, directly or indirectly: (6) Controls such
Party; (b) is Controlled by such Party; (c) is Controlled by the same person who, directly or indirectly,
Controls such Party; and “Control” with respect to any person, shall mean: (a) the possession, directly or
indirectly, of the power to direct or cause the direction of the management and policies of such person
whether through the ownership of voting share capital, by agreement or otherwise or the power to elect more
than one-half of the directors, partners or other individuals exercising similar authority with respect to such
person; (b) the possession, directly or indirectly, of a voting interest of more than 50%; and the terms
“Controlling” and “Controlled by” shall be construed accordingly;
c) “Client” means the Party named in the Contract, who employs the Consultant;
d) “Consultant” or “Consultants” means the party named in the Contract, who is employed
as an independent professional firm by the Client to perform the Services;
e) “Contract” means the Contract signed by the Parties, to which these General
Conditions of Contract (GC) constitute a part, together with all other documents listed in this signed Contract;
f) “Contract Price” means the price to be paid for the performance of the Services;
g) “GC” means the General Conditions of Contract;
h) “Government” means the Government of Client’s country;
i) “Local Currency” means the currency of the Government;
j) “Member”, in case the Consultants consist of a joint venture of more than one entity, means any of these
entities, and “ Members” means all of these entities; “Lead Member/Member in Charge” means the entity
specified in the SC to act on behalf of Each Member in exercising all the Consultants’ rights and obligations
towards the Client under this Contract;
k) “Material Adverse Effect” means material adverse effect on (a) the ability of the Consultant to observe and
perform any of its rights and obligations under and in accordance with the provisions of this Agreement
and/or (b) the legality, validity, binding nature or enforceability of this Agreement;
l) Master Services Agreement (MSA) shall mean the same as “contract”;
m) “Party” means the Client or the Consultants, as the case may be, and Parties means both of them;
n) “Performance Security” shall mean the irrevocable and unconditional bank guarantee provided by the
Consultant from a scheduled Indian bank as guarantee for the performance of its obligations in respect of the
Contract;
o) “Personnel” means persons hired by the Consultants or by any Sub-consultant as employees and
assigned to the performance of the Services or any part thereof;
p) “Project” means “[name of assignment]”;
q) “SC” means the Special Conditions of Contract by which these General Conditions of the Contract may
be amended or supplemented;
r) “Services” means the work to be performed by the Consultants pursuant to this Contract as described in
TOR;
s) “Sub-consultant” means any entity to which the Consultants subcontract any part of the Services in
accordance with the provisions of this contract; and,
t) “Work Order” means a specific directive or order to perform a defined scope for a defined duration and
fee
u) “Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value to influence the
action of a public official in the selection process or in contract execution.
v) “Fraudulent Practice” means a misrepresentation of facts in order to influence a selection process or the
execution of a contract to the detriment of the Client, and includes collusive practice among consultants

58
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
(prior to or after submission of proposals) designed to establish prices at artificial non-competitive levels
and to deprive the Client of the benefits of free and open competition.
(ii) Law Governing Contract: This Contract, its meaning and interpretation, and the relation between the
Parties shall be governed by the Applicable Laws of India and shall be subject to the jurisdiction of
the Courts at Lucknow.
(iii) Language: This Contract has been executed in the language specified in the SC, which shall be
binding and controlling language for all matters relating to the meaning or interpretation of this
Contract.
(iv) Notices: Any notice, request or consent made pursuant to the Contract shall be in writing and shall
be deemed to have been made when delivered in person to an authorized representative of the
Party to whom the communication is addressed, or when sent by registered mail, telex, telegram or
facsimile to such Party at the address specified in the SC.
(v) Location: The Services shall be performed at such locations as whether in Country or elsewhere, as
the Client may approve.
(vi) Authorized Representatives: Any action required or permitted to be taken, and any document
required or permitted to be executed, under this Contract by the Client or the Consultants may be
taken or executed by the officials in the SC.
(vii) Taxes and Duties: Unless otherwise specified in the SC, the Consultants, Sub- consultants and
their Personnel shall pay such taxes, duties, fees and other impositions as may be levied under
the Applicable Law, the amount of which is deemed to have been included in the Contract Price.
(viii) The Client shall be entitled to deduct any Taxes required to be deducted at source under Applicable
Law from any payments to be made by it to the Consultant. Further, in the event that the Client
receives notification or assessment of any Taxes (whether as an agent, or in substitution of the
Consultant, any Sub-consultants or its Personnel, servants, agents or otherwise) in respect of or
arising out of the performance of the Consultant’s obligations under this Agreement which remain
outstanding, the Client shall notify the Consultant of the same and the Consultant shall promptly take
all necessary action for settlement and/or any other lawful disposal of such notification or
assessment. Furthermore, the Consultant shall pay forthwith on demand to the Client all costs
including fines and penalties, which the Client may incur as a result of:
1. the Client having been required by any governmental authority to pay any Taxes
which the Consultant is liable to bear hereunder; or
2. any cost actually sustained by the Client for failure by the Consultant to pay any
Taxes for which it is responsible under this Contract.

59
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
(ix) Interpretation: In the Contract, unless the context otherwise requires:
(x) The singular includes the plural and vice versa and any word or expression defined in the singular
shall have a corresponding meaning if used in the plural and vice versa. A reference to any gender
includes the other gender.
(xi) A reference to any document, agreement, deed or other instrument (including, without limitation,
references to the Contract), includes a reference to any document, agreement, deed or other
instrument as may be varied, amended, supplemented, restated, novated or replaced, from time to
time.
(xii) A reference to any document, agreement, deed or other instrument (including, without limitation,
references to the Contract), means a reference to such document, agreement, deed or other
instrument and to all appendices, annexes, schedules and parts attached or relatable thereto, all of
which shall form an integral part of such document, agreement, deed or other instrument, as the
case may be.
(xiii) A reference to any Applicable Law includes any amendment, modification, re- enactment or
change in interpretation or applicability of such Law and a reference to any statutory body or
authority includes a reference to any successor as to such of its functions as are relevant in the
context in which the statutory body or authority was referred to
(xiv) Where a word or phrase has a defined meaning, any other part of speech or /grammatical form in
respect of the word or phrase has a corresponding meaning. 6.1.8.6 The words ‘include’ and
‘including’ are to be construed without limitation. The terms ‘herein’, ‘hereof’, ‘hereto’, ‘hereunder’
and words of similar purport refer to the Contract as a whole. Where a wider construction is possible,
the words ‘other’ and ‘otherwise’ shall not be construed ejusdem generis with any foregoing words.
(xv) In the Contract, headings are for the convenience of reference only and are not intended as
complete or accurate descriptions of the content thereof and shall not be used to interpret the
provisions of the Contract.
(xvi) Any obligation not to do something shall be deemed to include an obligation not to suffer, permit or
cause that thing to be done. An obligation to do something shall be deemed to include an obligation
to cause that thing to be done.
(xvii) The rule of interpretation which requires that a Contract be interpreted against the person or Party
drafting it shall have no application in the case of this Contract.
(xviii) References to a person (or to a word importing a person) shall be construed so as to include:
a) Individual, firm, partnership, trust, joint venture, company, corporation, body corporate, unincorporated
body, association, organization, any government, or state or any agency of a government or state, or
any local or municipal authority or other Governmental Authority (whether or not in each case
having separate legal personality);
b) That person’s successors in title and assigns or transferees permitted in accordance with the terms of the
Contract; and
c) References to a person’s representatives shall be to its officers, Personnel, legal or other professional
advisors, subcontractors, agents, attorneys and other duly authorized representatives.

60
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

9.2 Commencement, completion, modification and termination of contract

(i) Effectiveness of Contract: This Contract shall come into effect on the date the Contract is signed
by both the Parties, or such other date as may be stated as per SC.
(ii) Commencement of Services: The Consultants shall commence the Services from 15th (fifteen)
day of effectiveness of the Contract or any date prior to that, notified by the Client.
(iii) Expiration of Contract: Unless terminated earlier pursuant to relevant clauses in this contract
hereof, this Contract shall expire when Services have been completed and all payments have
been made at the end of such time period after the Effective Date as shall be specified in the SC.
(iv) Modification: Modification of the terms and conditions of this Contract, including any modification
of the scope of the Services or of the Contract Price, may only be made by written agreement
between the Parties.
(v) Force Majeure
1. Definition: For the purposes of this Contract, “Force Majeure” means an event which is beyond the
reasonable control of a Party, and which makes a Party’s performance of its obligations under the
Contract impossible or so impractical to be considered impossible under the circumstances, and
includes, but not limited to war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other
adverse weather conditions.
2. No Breach of Contract: The failure of a party to fulfil any of its obligations under the Contract shall
not be considered to be a breach of, or default under this Contract insofar as such inability arises
from an event of Force Majeure, provided that the Party affected by such an event:
a) has taken all precautions, due care and reasonable alternative measures in order to carry
out the terms and conditions of this Contract, and
b) has informed the other party as soon as possible about the occurrence of such an event.
c) the dates of commencement and estimated cessation of such event of Force Majeure; and
d) the manner in which the Force Majeure event(s) affects the Party’s obligation(s) under the
Contract.

3. The Parties agree that neither Party shall be able to suspend or excuse the non-performance of its
obligations hereunder unless such Party has given the notice specified above.
4. Extension of Time: Any period within which a Party shall, pursuant to this Contract, complete any
action or task, shall be extended for a period equal to the time during which such Party was unable
to perform such action as a result of Force Majeure.
5. Payments: During the period of their inability to perform the Services as a result of an event of
Force Majeure, the Consultants shall be entitled to continue to be paid under the terms of this
Contract, as well as to be reimbursed for additional costs reasonably and necessarily incurred by
them during such period for the purposes of the services and in reactivating the services after the
end of such period.
9.3 Termination
(i) By the client: The Client may terminate this Contract, by not less than thirty (30) days’ or sixty
(60) written notice of termination to the Consultants, to be given after the occurrence of any of the
events specified in this clause:
a) if the Consultants do not remedy a failure in the performance of their obligations under the Contract,
within a period of sixty (60) days, after being notified or within such further period as the Client may have
subsequently approved in writing;
b) within thirty (30) days, if the Consultants become insolvent or bankrupt;
c) if, as the result of Force Majeure, the Consultants are unable to perform a material portion of the Services
for a period of not less than sixty (60) days;
d) within thirty (30) days, if the Consultant fails to comply with any final decision reached as a result of
arbitration proceedings pursuant to relevant clauses hereof;
e) within thirty (30) days, if the Consultant submits to the Client a false statement which has a material effect
on the rights, obligations or interests of the Client. If the Consultant places itself in position of conflict of
interest or fails to disclose promptly any conflict of interest to the Client;

61
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
f) within thirty (30) days, if the Consultant, in the judgment of the Client has engaged in Corrupt or
Fraudulent Practices in competing for or in executing the Contract;
g) if the Client, in its sole discretion and for any reason whatsoever, within a period of sixty (60) days’
decides to terminate this Contract.
(ii) By the Consultants: The Consultants may terminate this Contract, by not less than thirty (30)
day’s’ written notice to the Client, such notice to be given after the occurrence of the events
specified in this clause:
1. if the Client fails to pay any money due to the Consultants pursuant to this Contract and not subject
to dispute pursuant to relevant clauses hereof within forty-five (45) days after receiving written
notice from the Consultants that such payment is overdue; or
2. if, as the result of Force Majeure, the Consultants are unable to perform a material portion of the
Services for a period of not less than sixty (60) days.

(iii) Cessation of Rights and Obligations: Upon termination of this Contract pursuant to actual
Termination, or upon expiration of this Contract pursuant to relevant clause hereof, all rights and
obligations of the Parties hereunder shall cease, except (i) such rights and obligations as may
have accrued on the date of termination or expiration, (ii) the obligation of confidentiality set
forth in relevant clause hereof, (iii) the Consultant’s obligation to permit inspection, copying
and auditing of their accounts and records set forth in Clause 3.6 hereof, (iv) the rights of
indemnity of the Client specified in clause 11 and (v) any right which a Party may have under the
Applicable Law.
(iv) Cessation of Services: Upon termination of this Contract by notice of either Party to the other
pursuant to relevant clauses hereof, 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
minimum. With respect to documents prepared by the Consultant and equipment and materials
furnished by the Client, the Consultant shall handover all project documents under procedure
described in this contract.
(v) Payment upon termination: Upon termination of this Contract, the Client will make the following
payments to the Consultants:
a) Remuneration pursuant to relevant clauses for Services satisfactorily performed prior to the
effective date of termination;
b) If the Contract is terminated pursuant to Clause 6.4.1a), b), d), e) or f), the Consultant shall not
be entitled to receive any agreed payments upon termination of the Contract. However, the Client
may consider to make payment for the part satisfactorily performed on the basis of the quantum
merit as assessed by it, in its sole discretion, if such part is of economic utility to the Client. Under
such circumstances, upon termination, the Client may also impose liquidated damages as per the
provisions of relevant clauses of this Contract. The consultant will be required to pay any such
liquidated damages to Client within 30 days of termination date.
(vi) Disputes about Events of Termination: If either Party disputes Termination of the contract under
relevant clauses hereof, such Party may, within forty-five (45) days after receipt of notice of
termination from the other Party, refer the matter to arbitration under relevant clauses hereof, and
this Contract shall not be terminated on account of such event except in accordance with the
terms of any resulting arbitral award.

62
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
9.4 Obligations of the Consultants
(i) General: The Consultants shall perform the Services and carry out their obligations ihereunder
with all due diligence, efficiency and economy, in accordance with generally accepted
professional techniques and practices, and shall observe sound management practices,
and employ appropriate advanced technology and safe methods. The Consultants shall
always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers
to the Client, and shall at all times support and safeguard the Client’s legitimate interests in any
dealings with Sub- consultants or third parties.
(ii) Conflict of interest
1. Any breach of an obligation under Clause 6.5.2 shall constitute a conflict of interest (“Conflict of
Interest”). The Consultant shall comply and shall ensure the Sub- consultants and Affiliates of the
foregoing comply with the provisions of Clause 6.5 and any breach of such an obligation shall
constitute an event of default by the Consultant for the purposes of this Contract. The Consultant
shall promptly disclose any Conflict of Interest to the Client. For the avoidance of doubt, the
Consultant agrees that a disclosure of any Conflict of Interest shall not in any manner whatsoever
be deemed to cure such Conflict of Interest.
2. Consultants Not to Benefit from Commissions, Discounts, etc.: The remuneration of the
Consultants pursuant to relevant clauses hereof shall constitute the Consultant’s sole
remuneration in connection with this Contract or the Services, and the Consultants shall not
accept for their own benefit any trade commission, discount or similar payment in connection with
activities pursuant to this Contract or to the Services or in the discharge of their obligations
under the Contract, and the Consultants shall use their best efforts to ensure that the Personnel,
any Sub- consultants and agents of either of them, similarly shall not receive any such
additional remuneration.
3. Consultants and Affiliates Not to Engage in Certain Activities: The Consultants agree that, during
the term of this Contract and after its termination, the Consultants and their affiliates, as well as any
Sub-consultant and any of its affiliates, shall be disqualified from providing goods, works or
services (other than the Services and any continuation thereof) for any project resulting from or
closely related to the Services for the period of two years.
(iii) Prohibition of Conflicting Activities: Neither the Consultants nor their Sub-consultants nor the
Personnel shall engage, either directly or indirectly, in any of the following activities:
a) during the term of this Contract, any business or professional activities which would conflict with the
activities assigned to them under this Contract; and;
b) after the termination of this Contact, such other activities as may be specified in the SC.
(iv) Confidentiality: The Consultants, their Sub-consultants, and the Personnel of either of them shall
not, either during the term or within two (2) years after the expiration of this Contract, disclose any
proprietary or confidential information relating to the Project, the Services, this Contact or the
Client’s business or operations without the prior written consent of the Client.
(v) Consultant’s Actions Requiring Client’s Prior Approval: The Consultants shall obtain the Client’s
prior approval in writing before taking any of the following actions:
a) entering into a subcontract for the performance of any part of the Services, it being understood
(i) that the selection of the Sub consultant and the terms and conditions of the subcontract shall
have been approved in writing by the Client prior to the execution of the subcontract, (ii) that the
Consultants shall remain fully liable for the performance of the Services by the Sub consultant
and its Personnel pursuant to this Contract, (iii) that the extent of sub-contracting would be
restricted to 30 (thirty) percent of the contract price, and (iv) the Client will be provided by the
Consultant with particulars (name, financial& technical background, sub-consultancy fee) of the
sub-consultant.
b) appointing such members of the Personnel, as are not mentioned in the Technical Proposal,
and
c) any other action that may be specified in the SC.
(vi) Reporting Obligations: The Consultants shall submit to the Client the reports and documents
specified in TOR, in the numbers, and within the periods set forth in this contract.

63
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
(vii) Documents Prepared by the Consultants to be the Property of the Client: All plans, drawings,
specifications, designs, reports, other documents and software submitted by the Consultants
pursuant to this contract shall become and remain the property of the Client, and the Consultants
shall, not later than upon termination or expiration of this Contract, deliver all such documents
and software to the Client, together with a detailed inventory thereof. The Consultants may retain
a copy of such documents and software. Restrictions about the future use of these documents
and software, if any, shall be specified in the SC.
(viii) Liability of the Consultants: Subject to additional provisions, if any, set forth in the SC, the
Consultants’ liability under this Contract shall be as provided by the Applicable Law.
(xi). Insurance to be taken out by the Consultants: The Consultants (i) shall take out and maintain, and
shall cause any Sub consultants to take out and maintain, at their (or the Sub consultants’, as the case
may be) own cost but on terms and conditions approved by the Client, insurance against the risks, and for
the coverages, as shall be specified in the Special Conditions (SC), and (ii) within 15 (fifteen) days of
receiving any insurance policy certificate in respect of insurances required to be obtained and maintained
under this clause, the Consultant shall furnish to the Client, copies of such policy certificates, copies of
the insurance certificates and evidence that the insurance premium have been paid in respect of such
insurance. No insurance shall be cancelled, modified or allowed to expire or lapse during the terms of this
Contract. (iii) if the Consultant fails to effect and keep in force the aforesaid insurances for which it is
responsible pursuant hereto, the Client will apart from having other recourse available under this
Contract have the option without prejudice to the obligations of the Consultant, to take out the
aforesaid insurance, to keep in force any such insurances, and pay such premia and recover the costs
thereof from the Consultants, and the Consultants shall be liable to pay such amounts on demand by the
Client. (iv) the insurance policies so procured shall mention the Client as the beneficiary of the
Consultants and the Consultants shall procure an undertaking from the insurance company in this regard.

9.5 Consultants’ personnel

(i) Description of Personnel
1. The titles, agreed job descriptions, minimum qualifications and estimated periods of engagement in
the carrying out of the Services of the Consultants’ core team are described in this contract. The
core team are hereby approved by the Client. If additional work is required beyond the scope of the
Services specified in TOR, the level of effort and/or staff assigned may be increased by agreement
in writing between the Client and the Consultants, and the cost relating thereto shall be determined
as per the man month rates indicated in the financial bid.
2. If required to comply with the provisions of this Contract, adjustments with respect to level of effort,
staff assignments, time may be made by the Consultants by written notice to the Client, provided (i)
that such adjustments shall not alter the originally estimated period of engagement, scope,
qualifications of team or deliverables and (ii) that the aggregate of such adjustments shall not
cause payments under this Contract to exceed the ceilings set forth in this Contract. Any other
such adjustments shall only be made with the Client’s prior written approval.

64
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
(ii) Removal and/or Replacement of Key Personnel
1. The Client will not normally consider substitutions except in cases of incapacity of key personnel
for reasons of health. Similarly, after award of contract the Client expects all of the proposed key
personnel to be available during implementation of the contract. The Client will not consider
substitutions during contract implementation except under exceptional circumstances up to a
maximum of two (2) personnel and that too by only equally or better qualified and experienced
personnel which will not exceed 80 (eighty) percent of the remuneration agreed for the Original Key
personnel against first replacement, Thereafter reduction at the rate of 10% of the original quoted
rates in respect of each subsequent replacement i.e. 70%, 60% and so on. The replacement of the
team leader shall not be considered.
2. If the Client finds that any of the Personnel have (i) committed serious misconduct or has been
charged with having committed a criminal action, or (ii) have reasonable cause to be dissatisfied
with the performance of any of the Personnel, then the Consultants shall, at the Client’s written
request specifying the grounds therefore, forthwith provide as a replacement a person with
qualifications and experience acceptable to the Client.
3. Any of the Personnel provided as a replacement under clauses above, the rate of remuneration
applicable to such person as well as any reimbursable expenditures (including expenditures due to
the number of eligible dependents) the Consultants may wish to claim as a result of such
replacement, shall be subject to the prior written approval by the Client. Except as the Client may
otherwise agree, (i) the Consultants shall bear all additional travel and other costs arising out of or
incidental to any removal and/or replacement, and (ii) the remuneration to be paid for any of the
Personnel provided as a replacement shall not exceed the remuneration which would have been
payable to the personnel replaced.

9.6 Obligations of the client

1. Assistance and Exemptions: Unless otherwise specified in the SC, the Client will use its best
efforts to ensure that the Government will provide the Consultants, Sub- consultants and Personnel
with work permits and such other documents as necessary to enable the Consultants, Sub
consultants or Personnel to perform the Services:
2. assist for the Personnel and, if appropriate, their eligible dependents to be provided promptly with
all supporting papers for necessary entry and exit visas, residence permits, exchange permits and
any other documents required for their stay in India;
3. facilitate prompt clearance through customs of any property required for the Services;
4. issue to officials, agents and representatives of the Government all such instructions as may be
necessary or appropriate for the prompt and effective implementation of the Services;
5. Access to land: The Client warrants that the Consultants shall have, free of charge, unimpeded
access to all land in the Government’s country in respect of which access is required for the
performance of the Services.
9.7 Payments to the consultants
1. Payment terms: The Consultants total remuneration including out of pocket expenses shall not
exceed the Contract Price and shall be a fixed lump sum including all staff costs, printing,
communications, travel, accommodation, and the like, and all other costs incurred by the
Consultant in carrying out the Services. In addition to these, any conditions mentioned in the SC
shall also be applicable to this contract. The Contract Price may only be increased, if the parties
have agreed to additional payments in accordance with relevant clauses hereof.
2. Subject to submission of tax invoice by the consultant, the client will release 60% payment due
against a particular milestone if the comments/approval from the client is not received within 45
days from the date of formally submission of the report (hard copy). Remaining 40% shall be
released only after receipt of comments/approval from the concerned Nodal Agency/client.
3. Currency: The price is payable in local currency i.e. Indian Rupees.
4. Payment for Additional Services: For the purpose of determining the remuneration due for
additional services as may be agreed under relevant clauses for modification in this contract.

65
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
9.8 Settlement of disputes
1. Amicable Settlement: The Parties shall use their best efforts to settle amicably all disputes arising
out of or in connection with this Contract or its interpretation.
2. Disputes Settlement: Any dispute between the Parties as to matters arising out of and relating to
this Contract that cannot be settled amicably within thirty (30) days after receipt by one Party of the
other Party’s request for such amicable settlement may be submitted by either Party for settlement
in accordance with the provision specified in the SC.

9.9 Responsibility for accuracy of project documents

(i) General
1. The Consultant shall be responsible for accuracy of the Designs, drawings, estimate and all other
details prepared by him as part of these services. He shall indemnify the client against any
inaccuracy in the work, which might surface during implementation of the project. The Consultant
will also be responsible for correcting, at his own cost and risk, the drawings including any re-
survey/ investigations and correcting layout etc. if required during the execution of the Services.
2. The Consultant shall be fully responsible for the accuracy of plans and drawings. The
Consultant shall indemnify the Client against any inaccuracy / deficiency in the designs and
drawings noticed and the Client will bear no responsibility for the accuracy of the designs and
drawings submitted by the Consultants.

9.10 Liquidated damages

1. If the selected Consultant fails to complete the Assignment, within the period specified under the
contract, the consultant shall pay to the Client, fixed and agreed liquidated damages, and not as
penalty, @ 1% of the contract fees for each week of delay or part thereof. The aggregate maximum
of liquidated damages payable to the Client under this clause shall be subject to a maximum of
10% of the total contract fees. The client may assess the applicability of the liquidated damages, if
any at the time of the closure of the contract.

66
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
9.11 Representation, warranties and disclaimer
The Consultant represents and warrants to the Client that:
(i) it is duly recognize, validly existing and in good standing under the applicable laws of its Country;
(ii) it has full power and authority to execute, deliver and perform its obligations under this Contract and
to carry out the transactions contemplated hereby;
(iii) it has taken all necessary corporate and other action under Applicable Laws and its constitutional
documents to authorize the execution, delivery and performance of this Contract;
(iv) it has the financial standing and capacity to undertake the Project;
(v) this Contract constitutes its legal, valid and binding obligation enforceable against it in accordance
with the terms hereof;
(vi) it is subject to laws of India with respect to this Contract and it hereby expressly and irrevocably
waives any immunity in any jurisdiction in respect thereof;
(vii) there are no actions, suits, proceedings, or investigations pending or, to the Consultant’s
knowledge, threatened against it at law or in equity before any court or before any other judicial,
quasi judicial or other authority, the outcome of which may result in the breach of or constitute a
default of the Consultant under this Contract or materially affect the discharge by the Consultant of
its obligations under the Contract.
(viii) no representation or warranty by the Consultant contained herein or in any other document furnished
by it to the Client contains or will contain any untrue statement of material fact or omits or will omit to
state a material fact necessary to make such representation or warranty not misleading; and
(ix) no sums, in cash or kind, have been paid or will be paid, by or on behalf of the Consultant, to any
person by way of fees, commission or otherwise for securing the Contract or for influencing or
attempting to influence any officer or employee of the Client in connection therewith.
9.12 Miscellaneous
Assignment and Charges
(i) The Contract shall not be assigned by the Consultant save and except with prior consent in writing of
the Client, which the Client will be entitled to decline without assigning any reason whatsoever.
(ii) The Client is entitled to assign any rights, interests and obligations under this Contract to third
parties.
(iii) Indemnity: The Consultant agrees to indemnify and hold harmless the Client from and against any
and all claims, actions, proceedings, lawsuits, demands, losses, liabilities, damages, fines or
expenses (including interest, penalties, attorneys’ fees and other costs of defence or investigation (i)
related to or arising out of, whether directly or indirectly, (a) the breach by the Consultant of any
obligations specified in relevant clauses hereof; (b) the alleged negligent, reckless or otherwise
wrongful act or omission of the Consultant including professional negligence or misconduct of any
nature whatsoever in relation to Services rendered to the Client; (c) any Services related to or
rendered pursuant to the Contract (collectively “Indemnified matter”). As soon as reasonably
practicable after the receipt by the Client of a notice of the commencement of any action by a third
party, the Client will notify the Consultant of the commencement thereof; provided, however, that the
omission so to notify shall not relieve the Consultant from any liability which it may have to the Client
or the third party. The obligations to indemnify and hold harmless, or to contribute, with respect to
losses, claims, actions, damages and liabilities relating to the Indemnified Matter shall survive until
all claims for indemnification and/or contribution asserted shall survive and until their final resolution
thereof. The foregoing provisions are in addition to any rights which the Client may have at common
law, in equity or otherwise.
(iv) Governing Law and Jurisdiction: The Contract shall be construed and interpreted in accordance with
and governed by the Applicable Law of India and subject to relevant clauses hereof and the SC, the
Courts at Lucknow, India shall have jurisdiction over all matters arising out of or relating to the
Contract.
(v) Waiver
1. Waiver by either Party of any default by the other Party in the observance and performance of any
provision of or obligations or under the Contract:
a) shall not operate or be construed as a waiver of any other or subsequent default hereof or of other
provisions or obligations under the Contract;

67
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
b) shall not be effective unless it is in writing and executed by a duly recognized representative of such
Party; and
c) shall not affect the validity or enforceability of the Contract in any manner.
2. Neither the failure by either Party to insist on any occasion upon the performance of the terms, conditions
and provisions of the Contract or any obligation hereunder nor time or other indulgence granted by a Party to
the other Party shall be treated or deemed as waiver of such breach or acceptance or any variation or the
relinquishment of any such right hereunder.
(vi) Survival: Termination of the Contract (a) shall not relieve the Consultant or the Client of any
obligations hereunder which expressly or by implication survive Termination hereof, and (b) except
as otherwise provided in any provision of the Contract expressly limiting the liability of either Party,
shall not relieve either Party of any obligations or liabilities for loss or damage to the other Party
arising out of or caused by acts or omissions of such Party prior to the effectiveness of such
Termination or arising out of such Termination.
(vii) Notices: Unless otherwise stated, notices to be given under the Contract including but not limited to a
notice of waiver of any term, breach of any term of the Contract and termination of the Contract,
shall be in writing and shall be given by hand delivery, 112ecognized international courier, mail, telex
or facsimile transmission and delivered or transmitted to the Parties at their respective addresses
specified in the SC. The notices shall be deemed to have been made or delivered (i) in the case of
any communication made by letter, when delivered by hand, by 112ecognized international courier
or by mail (registered, return receipt requested) at that address and (ii) in the case of any
communication made by telex or facsimile, when transmitted properly addressed to such telex
number or facsimile number.
(viii) Severability: If for any reason whatever any provision of the Contract is or becomes invalid, illegal or
unenforceable or is declared by any court of competent jurisdiction or any other instrumentality to be
invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall
not be affected in any manner, and the Parties will negotiate in good faith with a view to agreeing
upon one or more provisions which may be substituted for such invalid, unenforceable or illegal
provisions, as nearly as is practicable. Provided failure to agree upon any such provisions shall not
be subject to dispute resolution under the Contract or otherwise.
(ix) No Partnership: Nothing contained in the Contract shall be construed or interpreted as constituting a
partnership between the Parties. Neither Party shall have any authority to bind the other in any
manner whatsoever.
(x) Language: All notices required to be given under the Contract and all communications,
documentation and proceedings which are in any way relevant to the Contract shall be in the
language specified the SC.
(xi) Exclusion of Implied Warranties etc.: The Contract expressly excludes any warranty, condition or
other undertaking implied at law or by custom or otherwise arising out of any other agreement
between the Parties or any representation by any Party not contained in the Contract.
(xii) Agreement to Override Other Agreements: The Contract supersedes all previous agreements or
arrangements between the Parties, including any memorandum of understanding entered into in
respect of the contents hereof and represents the entire understanding between the Parties in
relation thereto.
(xiii) Counterparts: The Contract may be executed in two counterparts, each of which when executed and
delivered shall constitute an original of the Contract.

68
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)

10 Special Conditions of Contract

The Special Conditions of Contract

The Special Conditions (SC) of contract contains number of amendments and supplements to clauses in the
General Conditions of the Contract.
10.1 (f) The contract price payable in Indian Rupees is (exclusive of GST).
10.2 (j) The Member in-charge is [name of consultant].
10.3 (n) Performance security
(i) The Consultant will furnish within fifteen (15) days of the issue of Letter of Acceptance (LOA), an
unconditional and irrevocable bank guarantee as Performance Security in the format given in
“Annexure A” from a Scheduled Commercial Indian Bank for an amount equivalent to 5 (five)
percent of the total cost of Financial Proposal under this Assignment.
10.4 The language is English.
10.5 The client address is [name, designation, telephone, facsimile, address].
10.6 The consultant address is [name, designation, telephone, facsimile, address].
10.7 The Authorized Representative for the consultant is [name, designation].
10.8 The Authorized Representative for the consultant is [name, designation].
10.9 For domestic consultants/personnel and foreign consultants/personnel who are permanent
residents in India The Consultants and the personnel shall pay the taxes, duties, fees, levies/expenses
and other impositions levied under the existing, amended or enacted laws during life of this contract
and the Client will perform such duties in regard to the deduction of such tax as may be lawfully
imposed. The Consultant will be paid by BIDA only GST over and above the cost of Financial
Proposal. All other applicable taxes, levies, duties, etc., if any, shall be borne by Consultant.
10.10 The date on which this Contract will come into effect is [date].
10.11 The duration of assignment shall be 36 (Thirty Six months) months and with option to extend the
contract duration with mutual written agreement.
10.12 Limitation of the Consultants’ Liability towards the Client
(a) Except in case of negligence or wilful misconduct on the part of the Consultants or on the part of any
person or firm acting on behalf of the Consultants in carrying out the Services, the Consultants, with respect
to damage caused by the Consultants to the Client’s property, shall not be liable to the Client:
(i) for any indirect or consequential loss or damage; and
(ii) For any direct loss or damage that exceeds (i) the total payments for
Professional Fees and Reimbursable Expenditure made or expected to be made to the Consultants
hereunder, or (ii) the proceeds the Consultants may be entitled to receive from any insurance maintained
by the consultants to cover such a liability, whichever of (i) or (ii) is higher.
(b) This limitation of liability shall not affect the Consultants’ liability, if any, for damage to Third Parties
caused by the Consultants or any person or firm acting on behalf of the Consultants in carrying out the
Services.
10.13 Risks and coverage
(a) Third Party motor vehicle liability insurance as required under Motor Vehicles
Act, 1988 in respect of motor vehicles operated in India by the Consultants or their Personnel or any Sub
consultants or their Personnel for the period of consultancy.
(b) Third Party liability insurance with a minimum coverage, for Rs.10,00,000/-
(Rupees Ten Lakhs only) for the period of consultancy.
(c) Professional Liability Insurance: Consultants will maintain at its expense,
Professional Liability Insurance including coverage for errors and omissions caused by Consultant’s
negligence, breach in the performance of its duties under this Contract from an Insurance Company
permitted to offer such policies in India, for a period of five years beyond completion of Consultancy
Services commencing from the Effective Date, (i) For an amount not exceeding total payments for
Professional Fees and Reimbursable Expenditures made or expected to be made to the Consultants
hereunder or (ii) the proceeds, the Consultants may be entitled to receive from any insurance maintained by
the Consultants to cover such a liability, whichever of (i) or (ii) is higher with a minimum coverage of [insert
amount and currency]. The indemnity limit in terms of “Any One Accident” (AOA) and “Aggregate limit on the
policy period” (AOP) should not be less than the amount stated in the contract. In case of joint venture or ‘in
69
 Hiring a Consultant for Preparation of Vision Document & Master Plan 2045 for Bundelkhand Industrial
Development Authority (BIDA)
association’, the policy should be in the name of joint venture / in association entity and not by the
individual partners of the joint venture/association.
(d) Employer’s liability and workers’ compensation insurance shall be in respect of the Personnel of the
Consultants and of any Sub consultant, in accordance with the relevant revisions of the Applicable Law, as
well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be
appropriate; and all insurances and policies should start from the date of commencement of services and
remain effective as per relevant requirements of contract agreement.
(e) Any other insurance that may be necessary to protect the Client, its employees and its assets (against
loss, damage or destruction, at replacement value) including rioting and all Force Majeure Events that are
insurable.
10.14 Dispute settlement: If any dispute or difference of any kind whatsoever arises between the parties in
connection with or arising out of or relating to or under this Contract, the parties shall promptly and in
good faith negotiate with a view to its amicable resolution and settlement. In the event no amicable
resolution or settlement is reached within a period of thirty (30) days from the date on which the
above-mentioned dispute or difference arose, such dispute or difference shall be finally settled by
arbitration. The arbitral tribunal shall consist of a sole arbitrator appointed by mutual agreement of the
parties. In case of failure of the parties to mutually agree on the name of a sole arbitrator, the arbitral
tribunal shall consist of three arbitrators. Each party shall appoint one arbitrator and the two arbitrators
so appointed shall jointly appoint the third arbitrator. The seat of arbitration shall be Lucknow and the
arbitration shall be conducted in the English language. The Arbitration and Conciliation Act, 1996 shall
govern the arbitral proceedings. The award rendered by the arbitral tribunal shall be final and binding
on the parties.

Signature Not Verified

Digitally signed by LAL KRISHNA
Date: 2024.02.07 12:51:53 IST
Location: Uttar Pradesh-UP
70