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RFP for Architectural Consultancy for HATC in Mizoram 2019 REQUEST FOR PROPOSAL (“RFP”) FOR ARCHITECTURAL CONSULTANCY FOR BADMINTON ACADEMY, CENTRE OF EXCELLENCE (COE) FOR BADMINTON AND HIGH ALTITUDE TRAINING CENTRE (HATC) IN MIZORAM Issue Date: 19 th June 2019 Submission Date: 26 th June 2019 Confidential 1 | Page

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RFP for Architectural Consultancy for HATC in Mizoram 2019

REQUEST FOR PROPOSAL (“RFP”)

FOR

ARCHITECTURAL CONSULTANCY

FOR

BADMINTON ACADEMY, CENTRE OF EXCELLENCE (COE)

FOR

BADMINTON AND HIGH ALTITUDE TRAINING CENTRE (HATC)

IN

MIZORAM

Issue Date: 19th June 2019

Submission Date: 26th June 2019

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Notice Inviting TenderNorth East Initiative Development Agency

B-51, Third Floor, B.S. Miller BuildingZarkawt, Opposite Presbyterian Church, Aizawl- 796007

Reference No: NEIDA/01/2019 Date: 19/06/2019

IN SUPERCESSION OF ALL THE PREVIOUS TENDERS AND RFP, THIS ONLINE REQUEST FOR

PROPOSAL (RFP) IS INVITED FROM ELIGIBLE BIDDERS FOR PROVIDING ARCHITECTURAL

CONSULTANCY FOR BADMINTON ACADEMY, CENTRE OF EXCELLENCE (COE) FOR

BADMINTON AND HIGH ALTITUDE TRAINING CENTRE (HATC) IN MIZORAM

Calendar of Events

Note: The above dates are indicative, the “Client” reserves the right to change the timelines at its own discretion.

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Sl. No Name of Work Timeline for completion

1Architectural Consultancy Services for the Badminton Academy.

Refer clause3.1.5

Sl. No Schedule Due date1. Publishing Date 19th June 20192. Written queries to be given by Bidders in the given

format22st June 2019

3. Pre- Bid Meeting Date (Venue will be online or teleconference)

24nd June 2019

4. Online Bid Submission Date (Mail) 1st July 2019 (11:59 PM)5. Hard copy submission (all required documents) 3st July 2019 (6:00 PM)

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1. Disclaimer

1.1. This Request for Proposal (RFP) is issued by North East Initiative Development

Agency (NEIDA), NEIDA shall also be the contracting party.

1.2. This RFP supercedes all the previous RFP with respect to Architectural Consultancy

for HATC in Mizoram and all previous bid submissions by Bidders shall stand

cancelled and remain invalid.

1.3. The information contained in this RFP document or information that may be

subsequently provided to the interested applicants (“Bidder”), whether verbally or

in documentary or any other form by or on behalf of Client or any of their

authorised employees or advisers or representatives, would be subject to the terms

and conditions set out in this RFP and such other terms and conditions subject to

which such information is provided.

1.4. This RFP is neither an agreement nor an offer by the Client to the prospective

Bidder or any other person. The purpose of this RFP is to provide interested parties

with information that may be useful to them in the formulation of their Bids

pursuant to this RFP. This RFP includes statements, which reflect various

assumptions and assessments made by the Client in relation to the scope of services

contemplated in relation to the Project. Such assumptions, assessments and

statements do not purport to contain all the information that each Bidder may

require. This RFP may not be appropriate for all persons, and it is not possible for

the Client, its employees or advisers or representatives to consider the objectives,

technical expertise and particular needs of each party who read or use this RFP. The

assumptions, assessments, statements and information contained in this RFP may

not be complete, accurate, adequate or entirely correct. Each Bidder should,

therefore, conduct its own enquiries and analysis to check the accuracy, adequacy,

correctness, reliability and completeness of the assumptions, assessments and

information contained in this RFP and obtain independent advice from appropriate

sources.

1.5. Information provided in this RFP to the Bidder is on a wide range of matters, some

of which depend upon interpretation of law. The information given is not an

exhaustive account of statutory requirements and should not be regarded as a

complete or authoritative statement under law. Client accepts no responsibility for

the accuracy or otherwise for any interpretation or opinion on law expressed

herein.

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1.6. The Client, its employees, advisers, and representatives make no representation or

warranty and shall have no liability to any person including any Bidder under any

law, statute, rules or regulations or tort, principles of restitution or unjust

enrichment or otherwise for any loss, damages, cost or expense which may arise

from or be incurred or suffered on account of anything contained in this RFP or

otherwise, including the accuracy, adequacy, correctness, reliability or

completeness of this RFP and any assessment, assumption, statement or

information contained herein or deemed to form part of this RFP or arising in any

way in this selection process.

1.7. This RFP and the information contained herein are to be used only by the person to

whom it is issued and it is not transferable. It shall not be copied or distributed by

the recipient to third parties (other than in confidence to the recipient’s

professional advisors). Even in the event the recipient does not continue with its

involvement in the Project in accordance with this RFP, the confidentiality

obligations under this RFP or subsequent Contract shall continue to be binding on

and adhered to by the Bidder.

1.8. Client also accept no liability of any nature whether resulting from negligence or

otherwise however caused arising from reliance of any Bidder upon the statements

contained in this RFP. It is the responsibility of the Bidders to make their own

assessment in preparing their Bids.

1.9. Client may in its absolute discretion, but without being under any obligation to do

so, update, amend or supplement the information, assessment or assumption

contained in this RFP.

1.10. The issue of this RFP does not imply that the Client is bound to select a Bidder or to

appoint the selected Bidder, as the case may be, and Client reserves the right to

reject all or any of the Bids without assigning any reasons whatsoever. This RFP

may be withdrawn or cancelled by the Client at any time without assigning any

reasons.

1.11. The Client reserves the right to accept or reject any or all the Bids; qualify or

disqualify any or all Bidders without giving any reason, and is not obliged to

correspond with any Bidder in this regard. Further, the Client reserves the right to

relax, change, review, revise and / or cancel the selection criteria and the RFP

process, at any time, without prior notice or without assigning any reason

whatsoever. This invitation for RFP does not give rise to any right in rem, and is not

an offer or invitation to offer.

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1.12. The Bidder shall bear all costs associated with or relating to the preparation and

submission of its Bid including but not limited to preparation, copying, postage,

delivery fees, expenses associated with any demonstrations or presentations which

may be required by the Client or any other costs incurred in connection with or

relating to its Bid. All such costs and expenses will have to be borne by the Bidder

and the Client shall not be liable in any manner whatsoever for the same or for any

other costs or other expenses incurred by a Bidder in the preparation and

submission of the Bid, regardless of the conduct or outcome of the selection

process.

1.13. The words and expressions beginning with capital letters and not defined herein,

but defined in the RFP or the other Volumes of the RFP, shall, unless repugnant to

the context, have the meaning ascribed thereto therein.

1.14. The Client will not entertain any claim for expenses in relation to the preparation of

any Bid pursuant hereto.

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2. Introduction

2.1. Tata Trusts, through its implementation partner in Mizoram, North East Initiative

Development Agency (NEIDA), along with Mizoram Badminton Association (MBA),

Mizoram State Sports Council (MSSC) and Pullela Gopichand Badminton Foundation

(PGBF) aims to develop the Badminton talent in Mizoram by introducing a 3 tier

system for the sport and building a sustainable ecosystem around it.

2.2. The program along with the facility shall be developed as a pyramid model, with

Grassroots Centres forming the base. Grassroots Centres will aim to increase

participation in the sport and reach out to children between the ages of 8-14,

providing them structured training through local coaches.

2.3. The middle layer of the pyramid will be Regional Development Centres (RDCs),

where selected talent will be picked up from Grassroots Centres and provided more

intensive training with focus being on the competitive element and taking up the

sport as a career. This training will be provided by trained and experienced coaches,

who shall be identified by MBA and PGBF.

2.4. At the top of the pyramid comes the High Altitude Training Centre (HATC), where

the best of the best talent will be having camps at intervals, and shall be trained by

national and international coaches. The players at the HATC will be those who have

chosen to take up Badminton professionally as their career and will be training in a

State of the Art facility which will be constructed.

2.5. Through this Program, the stakeholders aim to create a badminton ecosystem in

Mizoram, getting more and more people to participate, make the communities

owning the facilities feel more responsible towards bettering and maintaining the

facilities, and lastly, increasing the number of trained coaches in Mizoram to be able

to provide high quality badminton training.

2.6. The HATC will be set up on a hill at an altitude of 1400 meters on 10.753 acres of

land, situated at Sakawrhmuituai Tlang, Sihphir, Mizoram. It will attract not only the

best badminton players, but will also aim to attract top athletes from other sports to

come and practise there to improve their endurance. The HATC will provide

training facilities like gymnasium, swimming pool, athletic track, multipurpose hall

which will be shared by these other athletes.

2.7. The Programme is being implemented North Eastern Initiative Development

Agency, a society registered under Societies Registration Act, 1860, as amended

vide Societies Registration (Nagaland Third Amendment) Act, 2008 (Act No. 1 of

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2009) and having its office at NEIDA Office B.S ,2ND Floor, Miller Building, Zarkawt,

Opposite Presbyterian Church, Aizawl- 796007, Mizoram.

2.8. The land belongs to the village council, which has been leased to Tata Trusts and

NEIDA for a period of 50 years.

3. Request for Proposal for Architectural Consultant for NEIDA

3.1. Scope of Bid

3.1.1. For the purpose of executing the construction works with respect to the HATC,

Mizoram, the Client proposes to engage a consultant to undertake Architectural

Services as specified in this RFP and invites Proposals from Applicants for the

same. The Proposals submitted by the Applicants shall comply with all the

requirements as stated in the RFP. Based on final evaluation, the successful

Applicant will be selected and notified (hereinafter referred to as the

“Consultant”). The notification of award by the Client shall be followed by

execution of the Consultancy Services Agreement (hereinafter referred to as the

“Agreement”) by Client and acceptance by the Consultant, recording the terms and

conditions for carrying out the Consultancy Services. Client also reserves the right

to modify, delete or add to the scope of such Consultancy Services at any point in

time, during the Bidding Process and thereafter during performance as per the

terms of the RFP and/or Agreement. The draft term sheet with respect to the

Agreement is provided in Annexure C.

3.1.2. The Client is inviting Proposals from qualified Bidders for Project Management

consultancy services at Mumbai as per Eligibility Criteria mentioned in this RFP.

3.1.3. Proposal for Services: The Bidders shall prepare and submit Proposals to Client in

the manner mentioned in the procedure for submitting Proposals. Such Proposals

shall be based on the Scope of Services outlined in Appendix A of this RFP.

3.1.4. Successful Bidder shall be required to complete the scope of services by the

intended Completion Date specified in the RFP.

3.1.5. Timeline for completion: Completion Date for the scope of services shall be as

follows:

S. No Deliverable Details Timelines

1. Masterplan, Layout plan and Conceptual plans

2 weeks from LOI

2 Schematic Plans and Approval drawings

4 weeks from Master /concept plan sign off

4 Detailed Tender Drawings & Estimates 4 weeks from Schematic plans

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5 Good for Construction 4 to 6 weeks from Tender Drawings (can be released package wise)

3.1.6. Client reserves the right to negotiate with all or any of the Applicants whose

proposals are being evaluated, to determine the successful Applicant.

3.2. Development Phasing

The following facilities are proposed to be developed in a phased manner:

3.2.1. Phase 1: Badminton Academy

(a) A Single structure to accommodate eight badminton courts, two dormitories,

two coaches’ rooms, restrooms, two service quarters, storage room(s),

cafeteria with a kitchen area preferably with pre-fabricated structures.

(b) Eight Badminton courts in one level or two levels (if there are limitations

because of the terrain)

(c) Storage room(s) near to the court area

(d) Two dorms of 20 beds each for girls and boys with access to toilets and bath

(e) Two Large Rooms for coaches with attached baths and toilets (Separate

rooms for Men and Women)

(f) A Cafeteria with minimum 40 seating area; kitchen area preferably with pre-

fabricated structures

(g) Bypass Stairs: Connecting the Badminton Academy with the main road as a

bypass access.

3.2.2. Phase – 2: Centre of Excellence (COE) will include

(a) Design options include (a) 8 court badminton hall with a spectator stand –

seating for about 400 in front and back. Stands need not be constructed; or,

(b) 4 court badminton training hall and a separate 4 court badminton hall for

competition with spectator gallery.

(b) Residential setup. Boys and girls on separate floors/areas:

(i) Dormitories: 2 nos. – with 10 bunk beds

(ii) Rooms for players with triple occupancy with attached toilet and

bath - 4 nos

(iii) Rooms for players with double occupancy with attached toilet and

bath -4 nos

(iv) Cafeteria

(v) Kitchen/dining area for 100

(vi) Rooms for warden, service quarters

(vii) Office Room for head coach – overlooking the badminton courts

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(viii) Rooms for:

Meeting room for coaches

Storage of sports equipment

Medical

Rest rooms/changing room for girls and boys separate

Study room: 2 nos and class rooms: 2 nos – 30 seating each –

which can be combined to make 1 big room.

Common room for players

(ix) Reception area. For registration with a seating of 15-20.

(c) Sport Recovery and Rehabilitation centre which will house rooms for

(i) Guest rooms – double occupancy with attached bathroom– 8 rooms

(ii) Separate master bedrooms with small sitting area room and small

kitchenette – 2 nos.

(iii) Master bedroom for head coach with living room, kitchenette for

family occupancy –1

(d) Residential block

(e) Road & Path Network inside the Sports Complex.

(f) Water Supply & Sewerage Disposal System, Rain Water Harvesting of the

Sports Complex.

(g) Area Lighting/Solar Lighting & External Electrification work of the Sports

Complex.

3.2.3. Phase III – Training and Development Facilities

(a) Indoor swimming pool – 25 mtr – min 4 lane

(b) Synthetic track – 80 to 100 mtr straight lane – 2-3 lanes – preferably covered

so that it can be used during monsoon also

(c) Running track around the area – up and down the terrain – slope will help to

provide endurance training…aim to ensure water flows with minimal

retention

(d) A multipurpose hall - which can be used for indoor basketball/tennis/

volleyball – 33mt *18 mt - approx. 2200 sq. ft.

(e) Amphitheatre - Auditorium for movie screenings etc- with a seating capacity

of 100

(f) 5 sided small football turf

(g) Residential setup up for outsiders

(h) The HATC will also have support facilities such as public parking, entry and

exit gates, utility and services. The complex should be environmentally

sustainable with preferably an accreditation of IGBC.

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(i) The approximate area for construction of the above to be considered as max

1.5 lakh sq. ft.

3.3. Project location:

3.3.1. The location of facilities is given below:

3.3.2. Based on the land survey report done, it is expected that the construction of all

phases to be done in a broad area of maximum 6 acres. The rest of the area may be

developed in the future in a bio diversity park or future construction.

3.4. Participation in RFP:

3.4.1. Online submission of Bid via mail is mandatory. Manual submission without online

submission of bid will be considered as invalid.

3.4.2. The Submissions of the bids shall be done via mail and the Bids shall be sent to

[email protected] within the time mentioned in the Calendar of

Events.

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3.5. Eligibility Criteria:

3.5.1. General Qualification

(a) The Bidder can either be a propriety or partnership firm, company or any

other institution registered in India.

(b) The Bidder should be sole applicant only. Application as a joint venture or

consortium shall not be entertained.

3.5.2. Similar Work Experience

(a) The Bidder shall have experience in Planning and Design Consultancy

Services for similar projects in Hilly Areas. Information about the

organization along with names & details of various Technical & supporting

personnel, Key personnel with their qualifications & experience to be

furnished along with RFP, in suitable formats indicated subsequently in the

document.

(b) Architectural planning and design services of Sports Infrastructure / Stadium

in any Area.

(c) Experience of Planning and Design Consultancy Services of Projects in North

East.

Similar Projects would mean Institutional, Sports, Hotel, Theatres and Auditorium.

3.5.3. Other Eligibility Criteria (Disqualifications):

(a) Bidder should not be insolvent, in receivership, bankrupt or being wound up,

not having its affairs administered by a court or a judicial officer, not have its

business activities suspended and must not be subject of legal proceedings

for any of the foregoing reason;

(b) Bidder and their directors, partners, proprietor and officers should not have,

been convicted of any criminal offence related to their professional conduct

or the making of false statements or misrepresentations as to their

qualifications to enter in to a procurement contract within a period of three

years preceding the date of this RFP;

(c) Bidder shall not be in frequent litigations. A list of litigations in the last 5

years shall be provided along with the Application.

(d) Bidder should not have been blacklisted or debarred or de-registered or

otherwise disqualified pursuant to any debarment proceedings, by any

Central or State Government, Local Government or Public Sector Undertaking

or private sector in India and which is for the time being in force. Bidder

should not have any interest in such debarred or blacklisted or deregistered/

banned firms;

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(e) Conflict of Interest among Bidders: The Bidder found to have a conflict of

interest with other Bidder(s) shall be dis-qualified. The Bidder shall be

considered to have a conflict of interest with one or more Bidders in this RFP

process; if:

(i) they have common owner having not less than 20% interest in both the

Bidder;

(ii) they have same legal representatives /agent for purpose of this RFP; or

(iii) they have relationship with each other directly or through common

third parties, that’s put them in a position to have access to information

about or influence on the bid of another Bidder;

(iv) more than one application from a single Bidder in this RFP process;

3.5.4. Conflict Interest with the Client:

(a) Conflict of Interest situation also exists in the event of conflicting assignment

with the Client by the Bidder that may lead to improper use of information

obtained in the course of such other assignment with intent to gain unfair

advantage in the procurement process.

(b) Bidder should make voluntary disclosure of any such conflict of interest

situation which is likely to arise in future with other Bidder (s) or the Client

(or its associates) or otherwise, for assessment and mitigation measure by

the Client, wherever possible.

3.5.5. Only Bidders who fullfill the Eligibility Criteria as per the RFP shall submit the Bid.

Bids from any other Bidder shall be liable to be rejected.

3.6. Procedure for submitting Proposals:

3.6.1. The Submissions of the bids shall be done via mail and the Bids shall be sent to

[email protected] within the time mentioned in the Calender of

Events.

3.6.2. All the Submissions shall be password protected and passwords shall be sent to

[email protected] only.

3.6.3. The proposal shall be submitted only as per the enclosed format(s) along with all

the Annexures as per the Excel attached. Submissions of Annexures in Excel is

compulsory along with submission of signed documents.

3.6.4. The Bidder shall also submit the list of such projects where due to any disputes;

litigation/arbitration was invoked and/ or the contract were

abandoned/suspended by its client. Suppression of any information in this regard

may lead to disqualificaiton of the Bidder, if such information comes to the notice

of the Client subsequently.

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3.6.5. Incomplete applications will be summarily rejected and will not be considered for

further evaluation and shortlisting.

3.6.6. Part 1 of the Proposal shall comprise the following:

(a) A letter on the letterhead of the Bidder as per Appendix -B: Covering Letter,

signed by the Authorised Signatory,

(b) Unconditional acceptance of terms and conditions of the Bidding Process, RFP

(c) Undertaking that all information provided is true and correct

(d) Completed form, and its required attachments in response to questions as

provided in Annexure 1: RFP Questionnaire (also to be provided in XLS file as

per format given);

(e) Eligibility Criteria: Submission of Completion Certificates as per Annexure 3.

(f) Annexure 7: Bid Undertaking for the Validity of the Bid.

(g) Annexure 8: Documents relating to authorised signatory

3.6.7. Part 2: Techno-Commercial Proposal

(a) Part A of the Techno-Commercial proposal shall be the Technical Proposal,

wherein the basic concept plan shall be proposed by the Applicant. The

Technical Proposal shall also include the approach, methodology and work

Plan (to match the Scope of Services, including milestones & timelines) and

name it as Annexure 5 to be provided in .pdf format. This shall demonstrate

its:

(i) Basic concept plan, approach and methodology to the Client

(ii) Estimated area phase-wise (in Sq.ft) and estimated cost of construction.

(iii) Understanding of Scope of Services and the Project;

(iv) Timelines and Deliverables

(v) Work methodology, tasks, timelines, technical skills, method and

technology / systems that will be used to develop and document each of

the major areas of the Scope of Services;

(vi) Resource and manpower mobilization plan;

(b) Part B of the Techno-Commercial Proposal shall contain the Financial

Proposal in the format as provided in Annexure 6. The financial proposal

shall also be provided in XLS file as per format given.

(i) The Applicant’s financial proposal shall be as per the Scope of Services

mentioned in Annexure A.

(ii) The Applicant in their Financial Proposal shall indicate separately GST,

local tax, other taxes, levies, transaction charges, etc. wherever

applicable.

3.6.8. The Submissions shall be divided in two parts.

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(a) Parts 1 shall be submitted in a password protected folder named as

Eligibility_Name of the Bidder within the timeline mentioned in the calander

of events.

(b) Part 2 shall be submitted in a separate password protected folder called as

Techno-Commercial Proposal_Name of the Bidder within the timeline

mentioned in the calander of events.

3.6.9. The language for all written communication shall be English and unless mentioned

otherwise the currency shall be Indian Rupees.

3.7. One Bid per Bidder:

3.7.1. Each bidder shall submit only one bid for the RFP. A bidder who submits more

than one Bid will cause all the proposals with the Bidder’s participation to be

disqualified.

3.8. Cost of tendering:

3.8.1. The Bidder shall bear all costs associated with the preparation and submission of

its Proposal and Client shall, in no case, be responsible or liable for such costs,

regardless of the outcome of the tender process. It is obligatory on the part of the

Bidder to tender for all the component parts and submit all information required

as per RFP.

3.9. Site Visit:

3.9.1. The Bidder, if it desires so, at its own responsibility and cost may visit and examine

the Site and its surroundings and obtain all information that may be necessary for

preparing the Bid. Visiting the Site shall be at the Bidder’s own expenses. Nothing

shall be payable to bidder on this account.

3.10. Clarification of Bidding Documents

3.10.1. Bidder requiring any clarification with respect to the RFP shall write to the email

id to [email protected] with a copy to [email protected] on

or before the due date for seeking clarification. Responses will be shared to all

Bidders via email, including a description of the enquiry but without identifying its

source.

3.11. Pre-Bid meeting:

3.11.1. The Bidder or his/her official representative is invited to attend a teleconference

pre-bid meeting which will take place as indicated in the Calendar of Events.

3.11.2. The purpose of the meeting will be to clarify issues and to answer questions on any

matter that may be raised at that stage.

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3.11.3. The Bidder may submit any questions in writing to the email id provided.

3.11.4. Clarifications to pre bid queries shall be issued to the Bidders and any modification

of the Bidding Documents which may become necessary as a result of the pre-bid

meeting shall be made by the client without undue delay.

3.11.5. Non-attendance at the pre-bid meeting will not be a cause for disqualification of a

Bidder.

3.12. Bid Validity:

3.12.1. The proposal shall be valid for at least one hundred and eighty (180) days from

the last date for receipt of Proposals (Proposal Validity Period).

3.12.2. In exceptional circumstances, prior to expiry of the bid validity period, Client

may request the bidder for a specified extension in the period of validity. The

request and the response thereto shall be made in writing. A Bidder agreeing to

the request shall not be permitted to modify his bid, but shall be required to

extend the validity of his bid. All the terms of the bidding shall continue to be

applicable during the extended period of validity.

3.13. Amendment of Bidding Documents

3.13.1. Before the deadline for submission of Bids, the client may modify the bidding

documents by issuing addenda.

3.13.2. Any addendum thus issued shall be a part of the Bidding Documents and shall

be communicated to the Bidders in such form and manner as may be decided

by the client.

3.13.3. To give prospective bidders reasonable time in which to take an addendum into

account in preparing their Bids, the client, at its discretion, would extend as

necessary the deadline for submission of bids.

3.14. Mode of Submission:

3.14.1. The Bidder shall prepare and submit the Bid vial mail. The original of the

following Bid Documents of hard copy shall be submitted. In event of

discrepancy between the online and the hard copy submission, the original shall

prevail.

(a) Annexure B: Covering Letter

(b) Annexure 5: Technical Proposal including approach, methodology and work

plan

(c) Annexure 6: Financial Proposal (to be submitted only after intimation by the

Client after evaluation of Eligibility Criteria)

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(d) Annexure 7: Bid Undertaking (For validity of Bid along with Financial

Proposal)

(e) Annexure 8: Documents relating to authorised signatory

3.14.2. The Original copy of bid shall be typed or written in indelible ink and shall be

signed by a person or persons duly authorized to sign on behalf of the Bidder. All

pages of the bid where entries or amendments have been made shall be initialed

by person or persons signing the bid.

3.14.3. The Bid shall contain no alterations or additions, except those to comply with

instructions issued by the client, or as necessary to correct errors made by the

Bidder, in which case such corrections shall be initialed by the person or persons

signing the bid.

3.14.4. The hard copy of bids should be addressed as under and submitted to the below-

mentioned location

Kind Attention: Lalrinkima Bawlte

State Program Coordinator

North East Initiative Development Agency (NEIDA),

B-51, Third Floor, B.S. Miller Building

Zarkawt, Opposite Presbyterian Church

Aizawl- 796007

3.15. Deadline for Submission of Bids

3.15.1. Bids shall be submitted by the Bidders within the due date mentioned for

submission of Online Bids and hardcopy of Bids as mentioned in the Calendar of

events.

3.15.2. The Client may extend the deadline for submission of Bids, in which case all

rights and obligations of the Client and the Bidders previously subject to original

deadline will then be subject to the new deadline.

3.16. Late Bids

3.16.1. Any Bid received late after the deadline prescribed in the calander of events will

not be considered.

3.17. Modifications and Withdrawal of Bids

3.17.1. Bidders may modify or withdraw their bids prior to the deadline prescribed in

Clause 3.14.4 in the Online portal.

3.17.2. Each Bidder’s withdrawal notice shall be prepared, sealed, marked, and

delivered in accordance to Clause 3.14, with the outer and inner envelopes

additionally marked “WITHDRAWAL”, as appropriate.

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3.17.3. No bid may be modified after the Deadline for submission of bids except in

rectification of arithmetical errors in the Bid submitted.

3.17.4. Withdrawal or modification of a Bid between the deadline for submission of bids

and the expiration of the Bid Validity specified in Clause 3.12 above may result

in the forfeiture of Bid Security pursuant to this RFP.

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4. Selection Mechanism

4.1. Bidders fulfilling the above Eligibility Criteria and found successful on Technical and Financial Bid and other terms and condition of this RFP, as stated by the Client, will be considered for appointment as the Consultant for the Project.

4.2. The selection is envisaged to be a two-stage process, as stated below. And the Techno-Commercial bids of only those Bidders shall be considered who qualify in the Eligibility.

4.3. Initial Check: Eligibility Criteria (Step I):

4.3.1. Initial filter based on Eligibility Criteria as per in Clause 3.4 shall be first assessed.

S No. Criteria Ref# Yes No1. Is the Bidder sole applicant? 3.5.(b)2. Has the Bidder suffered from bankruptcy / insolvency or

subject of any legal proceedings for these matters? 3.5.3(a)

3. Has Bidder and their directors, partners, proprietor and officers have been convicted of any criminal offence related to their professional conduct or the making of false statements or misrepresentations as to their qualifications to enter in to a procurement contract within a period of three years preceding the date of this RFP?

3.5.3(b)

4. Has the Bidder been involved in frequent litigations in the last five years?

3.5.3(c)

5. Has the Bidder abandoned any work in the last seven years or has it been blacklisted or have any of its contracts terminated for failure to perform?

3.5.3(d)

6. Does the Bidder have an experience of Architectural planning and design services for similar projects in hilly area?

3.5.2(a)

7. Has the Bidder provided Architectural planning and design services of Sports Infrastructure/Stadium in any Area?

3.5.2(b)

8. Does the bidder have Experience of Projects in North East 3.5.2(c)9. Does the Applicant have any conflict of interest with other

Bidders?3.5.4

10. Does the Applicant have any conflict of interest with the Client?

3.5.4

4.3.2. Only those Bidders found to fulfill the Initial Check will be considered for further

evaluation.

4.3.3. Even though an applicant may satisfy the above requirements, the bidder would

be liable for disqualification if the bidder has:

(a) Made misleading or false representation or deliberately suppressed the

information in the forms, statements, and enclosures required in the pre-

qualification document.

(b) Record of poor performance such as abandoning work, not properly

completing the contract, or financial failures / weaknesses, etc., should be

defined.

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4.4. Techno commercial Evaluation (Step – II Part A)

4.4.1. Evaluation of Technical Criteria. The Technical Criteria of Applicants shall be

evaluated based on parameters provided in Annexure 3, 4 and 5. Applicants may

be called for a presentation to discuss the Technical Proposal including

methodology proposed to complete the Scope of Services, team, their experience,

performance milestones and report timelines. Client reserves the right to skip this

step at its discretion.

4.4.2. Financial Evaluation (Step – II Part B):

(a) Construction to be done over an area of 6 acres in the area suggested by the

land surveyor (this is suggested – and can be changed based on inputs from

architect)

(b) Applicants should mention the Financial Proposal as per the format provided.

Sl. NoMilestones Phases Amount (Rs.)

1.Master Plan and Conceptual Design All phases Lump sum

2.Schematic Design & All Statutory Approvals Phase 1 Lump sum

3.

Detailed Design (including tender documents)

Phase 1 Lump sum

4.Good For Construction Drawings Phase 1 Lump sum

5.Design and implementation support Phase 1 Lump sum

6. Landscaping services Phase 1 Lump sum7. Total Excluding Taxes

8. Taxes

9.Total including Taxes based on above

10.

Out of Pocket Expenses (OPE) shall be paid as per actuals. OPE shall be capped at 5% of the contract value based on 7 above. OPE shall include reimbursement of travel and other expenses during all phases including construction phase also.

(c) For the purpose of ranking bids, the Total Cost as per 9 in the above table

shall be considered. However, in the case of discrepancy or vagueness or

impractical rates and square feet, the same may be rejected by Client and

suitable, logical and practical method may be adopted for deciding the rates.

(d) Client does not guarantee the award of work to any of the contractor based

on L1 financial quote alone. The award of work would be at the sole

discretion of Client.

(e) The Client shall not be liable for any omission, mistake or error in respect of

any of the above or on account of any matter or thing arising out of or

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concerning or relating to RFP, including any error or mistake therein or in

any information or data given by the Client.

(f) Fees quoted shall be inclusive of all expenses & charges and shall cover all

obligations under and in relation to the Agreement and all matters and things

necessary for the proper completion of the Scope of Services as mentioned

herein.

(g) The Client shall retain the right to close the assignment at the end of any

stage, as per the needs of the overall progress of the Programme. In such an

event the breakup of fees provided in the Financial Proposal shall form the

basis for finalization of payment after successful completion of the work for

respective stage and payment shall be made only for the respective stage.

Client reserves the right to issue or not to issue Service Order for any stage.

The Consultant shall in no event make Client liable (financially or otherwise)

for non-issuance of Service Order for any stage of Service(s) for any reason

whatsoever.

5. Responsibilities of the Bidder

5.1. It shall be deemed that by submitting the Bidder, the Bidder has:

5.1.1. made a complete and careful examination of the RFP and Bid Documents

submitted in response to the RFP;

5.1.2. accepted the risk of inadequacy, error or mistake in the information provided

in the RFP or furnished by or on behalf of NEIDA subsequently in relation to the

RFP. No claim shall be admissible at any stage on this account.

5.1.3. satisfied itself about all matters, things and information necessary and required

for submitting the Application, and arrangement to execute the scope of

services in accordance with the RFP Documents and performance of all of its

obligations there under;

5.1.4. agreed to be bound by the undertakings provided by it under and in terms

hereof.

5.1.5. obtained and shall maintain permits for complying with all the laws, orders,

regulations or other instructions issued by all statutory authorities in India for

the purposes of the bidding process.

5.2. In case the Bidder / Consultant intends to use the services of any third party for

completing the Scope of Services, the Consultant shall be solely and fully responsible

for the Scope of Services irrespective of the service being rendered through a third

party. In such cases, the Consultant shall coordinate with the third party at its sole cost

and outcome and shall report to the Client on periodic basis for purpose of project

management.

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6. Other terms and Information

6.1. Confidentiality: The Applicant should ensure the confidentiality of all documents

supplied/ provided by the Client or its authorised representatives or consultants,

including this RFP. The Applicant shall use the documents for bidding process only.

6.2. Assignment: Any assignment of this RFP/Agreement or of any rights hereunder, in any

manner, by operation of law or otherwise, without the prior written consent of Client,

shall be void. Any such consent shall not relieve the Applicant from its obligations

under the RFP/Agreement.

6.3. Government Regulations: The Applicant shall be responsible for obtaining and

maintaining permits and also for complying with all the laws, orders, regulations, any

statutory compliances or other instructions issued by all statutory authorities in India

6.4. Each page and Annexure, of the Financial Bids, must be signed by the Authorised

signatory of the Applicant. All blank spaces in the financial proposal must be filled in

completely where indicated, either typed or written in ink.

6.5. The Client reserves the right to accept or reject one or all applications without giving

any explanation or re-evaluate some or all Bids, should any evaluated Bid be found to

be non-responsive at a later stage.

6.6. It shall be deemed that by submitting a Bid, the Applicant has:

6.6.1. made a complete and careful scrutiny of the RFP and Bid Documents submitted

in response to the RFP;

6.6.2. accepted the risk of inadequacy, error or mistake in the information provided

in the RFP or furnished by or on behalf of Client subsequently in relation to the

RFP. No claim shall be admissible at any stage on this account.

6.6.3. satisfied itself about all matters, things and information necessary and required

for submitting the Bid, and arrangement to execute the Scope of Services in

accordance with the RFP and performance of all of its obligations there under;

6.6.4. Agreed to be bound by the undertakings provided by it under and in terms

hereof.

6.6.5. Acknowledged that it does not have a conflict of interest that affects the

Bidding Process. Any Applicant found to have conflict of interest shall be

disqualified. Applicant shall be deemed to have a conflict of interest affecting

the Bidding Process, if:

(a) the Applicant, its joint venture member (or any constituent thereof) and

any other Applicant, its member or any member of its joint venture thereof

(or any constituent thereof) have common controlling shareholders or

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other ownership interest; provided that this disqualification shall not

apply in cases where the direct or indirect shareholding of a Applicant, or

its joint venture member thereof (or any shareholder thereof having a

shareholding of more than 5% (five percent) of the paid up and subscribed

share capital of such Applicant, or its joint venture member, as the case

may be), in the other Applicant, its joint venture Member is less than 5%

(five percent) of the subscribed and paid up equity share capital thereof;

provided further that this disqualification shall not apply to any ownership

by a bank, insurance company, pension fund or a public financial

institution referred to in section 4A of the Companies Act 2013.

(b) a constituent of such Applicant is also a constituent of another Applicant;

or such Applicant, or any of its Joint Venture Member thereof receives or

has received any direct or indirect subsidy, grant, concessional loan or

subordinated debt from any other Applicant, or any of its joint venture

member thereof or has provided any such subsidy, grant, concessional

loan or subordinated debt to any other Applicant, its member or any of its

joint venture member thereof; or such Applicant has the same legal

representative for purposes of this Bid as any other Applicant; or such

Applicant, or any of its joint venture member thereof has a relationship

with another Applicant, or any of its joint venture member thereof, directly

or through common third party/ parties, that puts either or both of them

in a position to have access to each other’s information about, or to

influence the Bid of either or each other; or

(c) An individual Applicant at the same time be member of a joint venture or

consortium applying for this Bid. Further, a member of a particular

Applicant joint venture or consortium cannot be member of any other

Applicant joint venture or consortium applying for this RFP.

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Annexure A: Scope of Services

The Client proposes to appoint Consultant who is responsible for preparation of detailed design

of all elements of the HATC including drawings, interiors. The Scope of Services of Consultant

shall include all elements of services as mentioned in this Annexure.

1. Part 1: Design Development:

The design consultant’s scope of work shall cover comprehensive design services for all

packages including civil, mechanical, electrical, plumbing, interior, landscaping, external

development, HVAC, STP, ETP, etc that are required to be designed as part of the Programme

Infrastructure. Attend regular design review and design coordination meetings with all/

necessary consultants and sub-consultants.

The Consultant shall be responsible for performing each stage of the design further detailed

below as per Client’s requirement.

1.1. Stage-1: Masterplan and Conceptual Design Stage:

Objective: To arrive at a clear and consolidated design brief. This captures the client’s

requirements (functional and otherwise) and code related constraints and to translate the

approved project brief into a concept for individual buildings which captures the needs laid out

in the brief.

Deliverables: Design Basis Report, Design Brief Document & Masterplan, Comprehensive

Concept Design Portfolio

1.1.1. The Consultants shall be responsible for preparing the Master Planning as a part of first

stage, this exercise shall include

a) site analysis,

b) Land use plan,

c) FAR calculations, plot Coverage, and total built up area calculations,

d) Planning civic amenities and common facilities,

e) Evaluation of impact on environment and Green development planning,

f) Security and logistical systems,

g) Site plan showing entries, exits & traffic pattern (staff, public, ambulance) within

the site

h) Evaluation of existing and planning of basic infrastructure,

i) Location of external services (HVAC Plant, STP, ETP, WTP, Water Tank, DG sets,

Electrical Substation, Electrical Panel Room, etc.)

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j) Connecting Roads, Water Offtake Point, Sewerage Point, Electric Line and

Substation (incl. available capacity)

k) Water Line, Drainage Line, Storm Water Drainage, Sewage Line Outlet,

l) Car parking zone

m) Landscaping,

Final outcome should be as a Master plan showing built-up & open space organization within

the site

1.1.2. Output from concept planning stage shall include:

a) Complete Design Basis Report

b) Blocking and Stacking Diagram, Massing Plan, 3D perspective view of plans

c) Concept massing diagram showing building volume(s)

d) Block diagrams showing inter-departmental relationships

e) Kitchen and laundry area design

f) Functional stacking diagram showing departmental organizations on various

floors

g) Conceptual Layout Plans

h) Implementation phasing diagram (if applicable)

i) Preliminary area program

Submit Masterplan and Conceptual design package to client for review and signoff.

1.2. Stage-2: Schematic Stage

Objective: To develop the approved Concept Design further into a Schematic Design stage

which takes the design further and incorporates engineering and other inputs. this stage also

includes statutory submission to the concerned authorities

Deliverables: Schematic Design Portfolio, Statutory Approval Drawings,

1.2.1. Further development of the masterplan and conceptual plan into full plans including

building grid and overall dimensioning.

a) Review the overall Concept Design with respect to inputs from internal

engineering and services teams along with any other review consultant

appointed by the client.

b) Share and incorporate inputs into the concept design with a view of fine-tuning

the design towards a more detailed scheme, taking into consideration inputs

from all other consultants on the project and the Client.

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c) Arrangement / sequencing of spaces, as per the as desired by client’s expert

advisors,

d) Design and incorporate schematic level structural and MEP service details for

the facility

e) Initiate material and finishes schedule preparation.

f) Work out building and other elevations with respect to short-listed materials

and finishes. Massing studies finalized during the concept design stage shall be

further detailed in this stage with respect to the actual materials proposed and

the proportions etc. Options of colours and materials shall be explored in this

stage.

g) Prepare and issue schematic design documents for review by Client. Incorporate

any modifications suggested by Client and relevant authorities and reissue

documents for Client’s approval.

h) Assist in preparation of building approval application drawings and ensure

building authorities compliance for total project.

i) The Consultant shall incorporate the provision of tender drawings BOQ for

structure, so that excavation and construction of foundation and frame can be

initiated at the end of this stage.

Statutory Approval Drawings

1.2.2. Review all statutory bye-laws in detail and ensure that the schematic design caters to

requisite parameters of the local development rules.

1.2.3. In reference to the drawings, the Consultant shall incorporate the level of details which

makes it sufficient to secure approvals from the authority.

1.2.4. Prepare drawings necessary for submission to statutory bodies for sanction and advice

on formalities. This will include approvals from all statutory bodies such as

Environment, Fire, Airport Authority or any other relevant approval required for start of

construction.

1.2.5. Structural design and drawings of all the structures duly prepared by Structural

Engineer & vetted by IITs/NITs or Competent Institution (state govt. institute) and shall

be in compliance with applicable laws relating to the scope of services.

1.2.6. Facilitating for necessary clearance/ go ahead certificate from concerned Local

Authorities as may be required for the Project. Statutory fess of the concerned bodies

will be paid by NEIDA

1.3. Stage 3: Detailed Working Drawings & Estimates:

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Objective: The design development stage is the resolution and verification of the schematic

design in enough detail to allow the architect to fully document and detail the project for tender

and construction. This stage provides the opportunity to optimize the project’s design and value

engineer prior to the GFC stage. This stage involves the development of the design for the

project. The design inputs and documentation required to explore the optimal resolution for the

total site and individual built elements, integrating these with the engineering disciplines and

responding to the requirements of the local authorities.

Deliverables: Detailed Design Portfolio

1.3.1. Design Development process will involve further development of the Schematic

Development plans in larger scale and with full engineering input and materials/

suppliers research.

1.3.2. The Consultant shall have to sequence their work products so as to initiate parallel

bidding packages for Construction, MEP and Interior packages.

1.3.3. Sign-off and verify that the client’s brief has been satisfied in full. The client may choose

to conduct a separate peer review of the drawings, design and output at its discretion.

1.3.4. Refine the design to a building approval submission standard and provide Client

adequate information whereby the overall execution team can interpret the information

and provide the Client or its consultants enough information to prepare a Cost Plan.

1.3.5. Coordinate the overall engineering concepts; incorporate all the services and medical

planning provisions.

1.3.6. Work with the PMC appointed by Client to optimize the value of the project within the

agreed cost plan.

1.3.7. Provide documents in electronic and paper format as required by Client.

1.3.8. Prepare and provide to a Detailed Area Statement detailing the carpet, gross external,

net internal areas and planning density, areas of each floor of each building and of the

entire project including super built-up area of each unit to Client.

1.3.9. Prepare BOQs and tender packages in coordination with the Client or its consultants on

the project for all packages.

1.3.10. Assist Client and its consultants in compiling, answering and reviewing all tenderer’s

queries.

1.3.11. Prepare addendum (if required) for inclusion in notices to advice contractors and

subcontractors regarding information that was not originally included.

1.3.12. Incorporate revisions, if any, to area statements, calculations and fact sheets.

1.3.13. The Design Consultant shall coordinate with the Client or its advisers to perform the

above mentioned activities.

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1.4. Stage 4: Good for Construction Drawings:

Objective: The Good for Construction stage shall capture contract drawings and documentation

preparation. The Consultant shall, based on the formal approval at the detail design stage,

proceed with the preparation of the tender drawings and provide assistance to the project

engineer/project management consultant for preparation of other contract related

documentation. This stage will also include release of good for construction drawings

Deliverables: Good for Construction (GFC) Portfolio (Architectural, Structural, Sanitary

Drainage and Water Supply, Electrical, HVAC, and Site Development Works)

1.4.1. Further development of the detailed design plans in larger scale and with full

engineering input.

1.4.2. Further development of the SD sections and elevations with engineering input and

materials/ suppliers research.

1.4.3. Review the project brief and advise any amendments to Client from the agreed design

develop the construction detailing, ensuring that the various built elements are kept

within the project budget. also, all medical requirements are met as per the client’s

operational policy and the advice of the medical planner.

1.4.4. Produce detailing options, schedules as warranted or requested by Client.

1.4.5. Documentation and drawings shall be comprehensive and coordinated with the other

consultants

1.4.6. Recommend most appropriate solution and refinement of the agreed concept

1.4.7. Prepare and assist Client in finalization of materials, mock-up approvals and sample

boards wherever required.

1.4.8. Recommend to Client when specialized services are necessary, including but not limited

to model studies, material testing, and inspection of shop fabrication.

1.4.9. Good for Construction drawings for various disciplines as per pre-determined schedule

for drawing release

1.4.10. Drawings, sections and elevations are fully dimensioned and coded ready for

construction. Full cross referencing of details, both unique and generic. Also the

localization of all the details for the instance of use.

1.5. Supplementary Design Areas

A. Landscape and Public Realm Design

1.5.1. Softscape – soiling, grading, planting design (trees/shrubs/hedges/climbers and lawns –

both native and exotic species) planting layout, plans, specifications and schedules.

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1.5.2. Hardscape – boardwalks, decking, paving, pergolas, screens, fencing, walls, feature

rockwork.

1.5.3. Lighting Design Strategy – Liaison with specialist Lighting Design Consultant to

coordinate

1.5.4. External landscape lighting/character areas, special effect lighting, uplighters, spots,

underwater, wall lighting, detailed fixture layouts, fixture and fitting schedules.

1.5.5. Water features – Infinity edge pools, outdoor Jacuzzis, plunge pools, rock pools, fountain

plazas, water rills, reflecting pools, waterfall cascades design and performance

specifications.

1.5.6. Irrigation – Main line layouts, sprinkler/pop up/drip line detailed layouts, performance

specifications, using sustainable techniques and water conservation methods – design

and performance specifications.

1.5.7. Plant Selection – Assist in the specification of native, specimen trees and exotic plant

material.

1.5.8. Analyze existing site conditions that will affect and influence the design and

arrangement of the landscape features.

1.5.9. Provide loading details for structural and plumbing considerations

1.5.10. Prepare the Bill of Materials & BOQ.

B. Structural Glazing System and Facade Cladding System

1.5.11. Review and provide technical comment on Architect’s concept and/ or schematic

drawings and specifications.

1.5.12. Recommend and advice on basic cladding design, including: Performance criteria,

Finishes, materials and systems, Minimum, maximum and most practical sizes, Building

structure, movements and tolerances, Technical and cost restraints.

1.5.13. Provide review of building structural design issues pertinent to the cladding for

incorporation in the curtain wall/cladding design and performance criteria. Issues

include face of structure to face of building envelope, deflections, building structure

movement and tolerances.

1.5.14. Provide review of building mechanical design issues pertinent to cladding for

incorporation in the curtain wall/cladding design and performance criteria. Issues

include energy efficiency and performance.

1.5.15. Recommend the type of Structural Glazing / Facade proposed to be used, with full

justifications, reasoning and calculations. Support recommendations with detailed

technical / commercial analysis of different systems.

1.5.16. Advise on selection of finishes and materials, including glass, sealants, and metals.

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1.5.17. Prepare cladding design details and outline specification.

1.5.18. Prepare cost estimate based on the design and specification.

1.5.19. Review and evaluate code requirements and wind tunnel test data (if applicable) and

other project requirements, and provide final design loads and performance criteria.

Final performance criteria may include the following: Air and water infiltration,

Structural performance – wind load, seismic and impact loads, Thermal performance

and condensation resistance.

1.5.20. Provide necessary advice, consultation and review pertinent to coordination of issues

regarding the cladding design with the other consultants, as necessary for the façade

consultant to prepare complete design documentation of the curtain wall and cladding.

1.5.21. Prepare the Bill of Materials & BOQ

1.5.22. Advise on cleaning systems and methodology.

C. Kitchen & Laundry Services

1.5.23. Confer with client and operator to devise area programmed for establishing specific

requirements for the facilities and determine design criteria.

1.5.24. Prepare facility layout based on inputs from the client, architect and other consultants.

1.5.25. Prepare detailed schedules for all equipment’s, installations and fabrication items for all

the facilities and submit the same along with layouts to Client.

1.5.26. Prepare detailed tender drawings with detailed specifications for tendering and

construction purposes.

1.5.27. Prepare the Bill of Materials & BOQ

1.6. Deliverables Timeline:

The consultant will propose completion and submission of the different stages submit following

deliverables to Client:

S. No

Deliverable Details Timelines No. of copies

1. Masterplan, Layout plan and Conceptual plans

2 weeks from LOI 2 Hard copies + soft copy

2 Schematic Plans and Approval drawings

4 weeks from Master /concept plan sign off

2 Hard copies + soft copy

4 Detailed Tender Drawings & Estimates

4 weeks from Schematic plans

2 Hard copies + soft copy

5 Good for Construction 4 to 6 weeks from Tender Drawings (can

2 Hard copies + soft copy

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be released package wise)

2. Part 2: Construction phase

2.1. Review shop drawings and technical data sheets submitted by the contractors.

2.2. Release of drawings on site in coordination with lead architect appointed by the Client.

2.3. Review mock-ups, material samples and test certificates.

2.4. Make periodic site visits to ascertain that the implementation of engineering services is

in accordance with the design intent and agreed quality standards.

2.5. Advice the Client on remedial action required in case of gaps.

2.6. Conduct final site inspection after completion of project and provide a report of this

inspection to the Client along with any specific observations and actions to be taken if

any.

2.7. Review and validation of as-built drawings and hand-over documents prepared by the

contractors.

2.8. As per agreement with Mizoram State Sports Council – they will be responsible for

getting required approvals from the government. But the applicant will need to

provide all the necessary documentation and support to enable them to get the

approvals.

2.9. Issue a project completion certificate post final inspection of the facility.

2.10. To ensure the compliance of various statutory condition, norms, rules & regulations

during the stages of construction.

2.11. Providing updates on revision in rules & regulations & possible repercussions on the

project.

2.12. Identifying possible opportunities & provide advice on efficient/optimum usage of FSI.

2.13. Obtaining completion certificates/final remark/approvals/NOCs from various

agencies.

2.14. Obtaining part/full/final Occupation Certificate/BCC from Municipal authority

including allied compliances after completion of respective work.

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Annexure B: Covering letter

[on the letter head of the Bidder]

Kind Attention: [location, date]

Lalrinkima Bawlte

State Program Coordinator

North East Initiative Development Agency (NEIDA),

B-51, Third Floor

B.S. Miller Building

Zarkawt,

Opposite Presbyterian Church

Aizawl- 796007

Ph: 0389-2349458

Sub: Submission of Proposal for Selection of Consultant for Architectural Consultancy for

HATC, Mizoram

Sir,

1. Having read, carefully examined and understood the Request for Proposal issued and Tata

Trusts/NIEDA (“Client”) and all annexure and other documents attached thereto and all

subsequent addenda and clarifications issued pursuant thereto (collectively the “RFP”), we

hereby offer to perform the Services (as defined in the RFP) in accordance with the Scope of

Services and the terms and conditions set forth in the Agreement provided as Annexure-A to

the RFP and the other RFP documents.

2. We hereby agree and confirm that our Proposal has been prepared strictly in conformance

with the instructions in the RFP (including the forms set forth therein) and that we shall at

all times act in good faith and abide by the terms and conditions of the RFP during the

bidding process.

3. We agree that we have inspected and examined the RFP documents and have ascertained

that they contain no inconsistencies, errors or discrepancies and have otherwise

familiarized ourselves with all conditions of the RFP which may affect our Proposal and all

queries on other contractual matters have been addressed.

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4. Without prejudice to the generality of the foregoing:

a. We undertake to keep our Proposal valid and open for acceptance without

unilaterally varying or amending its terms for the Proposal Validity Period stated in

the RFP;

b. We agree that if our Proposal is accepted, we will execute the Agreement, provide

the necessary requirements and obtain and provide the Performance Guarantee (if

applicable); all in accordance with the RFP

c. We acknowledge and agree that the acceptance of our Proposal and award of the

contract, and the cancellation or modification of the RFP at any stage is at Client’s

sole discretion and any decision taken by Client in relation to the RFP (including any

award) is final and binding on us and we shall have no rights or claims arising out of

or in relation to any decision of Client in relation to the RFP or the selection process

thereunder.

d. We acknowledge and agree that Client is not bound to accept the lowest or any

Proposal or offer that Client may receive.

5. We represent and warrant to Client that as of the date of submission of the Proposal and till

the end of the Proposal Validity Period (as may be extended):

a. the information furnished by us is complete, accurate, unconditional and fairly

presented;

b. we have the necessary technical and financial ability and adequate skilled and

experienced resources for undertaking the Services if our Proposal is accepted;

c. we are in compliance with all the terms and conditions of the RFP;

d. there is no information, data or documents which have not been disclosed which

may prejudicially affect Client’s evaluation or decision in relation to the award of the

contract;

e. we have all the necessary corporate and statutory approvals and authorizations to

participate in this RFP and to submit the Proposal as a binding offer in response to

the RFP, the Confidentiality Undertaking and all other documents that are required

to be submitted pursuant to the RFP, and to execute and perform the Agreement (if

awarded);

f. we or the personnel we intend to engage for this assignment are not disqualified

from undertaking the assignment on account of security clearance by the

Government of India, any relevant authority of the Government of India or by any

international agency or other governments and that at all times we shall provide any

information required to assess the same.

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g. we have factored in all costs and expenses for undertaking the Scope of Services in

accordance with the terms and obligations specified in the Agreement and the RFP

in the preparation of our Financial Proposal and that the same is sufficient and

reflects our no-regret offer in all respects. In the event of occurrence of any events or

circumstances that would render any of the foregoing representations and

warranties untrue or invalid, we covenant to promptly notify Client of the same.

h. we acknowledge that we (including our joint venture or consortium partners) have

neither failed to perform any contract, as evidenced by imposition of a penalty by an

arbitral or judicial client or a judicial pronouncement or arbitration award against

the Applicant or its joint venture / consortium partners, as the case may be, nor has

been expelled from any project or contract by any public entity nor have had any

contract terminated by any public entity for breach by such Applicant or its joint

venture / consortium partner.

i. we may sub-contract some part(s) of the Scope of Service to certain parties which

shall be agreed with the Client in writing. In case of such sub-contracting we confirm

that we will be solely responsible for delivering the entire Scope of Services as

mentioned in the Agreement. We also confirm that the Client shall be indemnified by

us from any liability including any loss (financial or otherwise) or damage directly or

indirectly arising out of such acts, including acts of omission or commission by the

sub-contractor.

6. We declare we have not been declared ineligible for corrupt or fraudulent practices in any

tendering process.

7. We undertake that we will intimate Client of any material change in facts, circumstances,

status or documentation relating to us during the Proposal Validity Period (as may be

extended in accordance with the RFP).

8. This Proposal shall be construed, interpreted and governed, in all respects, by the laws of

India, without reference to its conflict of law principles. The courts at Kohima will have

exclusive jurisdiction in respect of all matters arising out of this Proposal.

9. We have agreed that [______________________] [Insert Authorised Signatory’s name] will act as

our representative and has been duly authorized to submit the Proposal and authenticate

the same, make amendments thereto and undertake such other actions as set out in the

authorization attached with this Proposal, which will be binding on us.

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10. We have provided details, in accordance with the instructions and in the form required by

the RFP and have attached the same as appendices to this Proposal. These documents form

an integral part of this Proposal:

Annexure 1: RFP Questionnaire

Annexure 2: Eligibility Criteria

Annexure 3: Details of related projects

Annexure 4: Evaluation criteria

Annexure 5: Techno Commercial Proposal – Part A consisting of Technical Proposal

including approach, methodology and work plan

Annexure 6: Techno Commercial Proposal – Part B consisting of Financial Proposal

Annexure 7: Bid Undertaking (For validity of Bid)

Annexure 8: Documents relating to authorised signatory

Yours Faithfully,

[Signature and Details of the Authorised Representative]

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Annexure 1: RFP Questionnaire

1. BIDDER

1.1. Full Name

1.2. Legal Status (firm/company, etc)

1.3. Jurisdiction of Incorporation

1.4. Year of incorporation / registration

1.5. Registration Number

1.6. Registered Address

1.7. In case of joint venture or consortium bid, above details

of the Lead party shall be separately provided

2. Mention the document authorising the Authorised

Signatory (copy of document to be provided in Annexure 8)

3. Tax Registration Details

3.1. GST

3.2. Income Tax

4. Contact Person for this Proposal

4.1. Name

4.2. Address for Courier

4.3. Office Phone

4.4. Mobile Phone

4.5. Fax

4.6. E-mail Address

5. Disclosure of Interests

Please disclose here any beneficial financial interest which exists, or may exist, between

yourselves and the following or their affiliates:

5.1. Tata Trusts

5.2. Tata Group of Companies

6. Certifications & Procedures

6.1. Quality certifications (e.g. ISO9000, etc.)

6.2. Environmental Management (e.g. ISO14000, etc.)

6.3. Other relevant certifications

7. Assumptions in the proposed Proposal

Identify here any provision(s) of the Proposal to which if there is a change, would

materially increase/decrease your price:

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Annexure 2: Eligibility Criteria

Criteria Documents required

The Bidder shall have experience in Planning

and Design Consultancy Services for similar

projects in Hilly Areas.

Details in the format as per Annexure 3. Completion certificate from Client

Architectural planning and design services of

Sports Infrastructure / Stadium in any Area.

Details in the format as per Annexure 3. Completion certificate from Client

Experience of Planning and Design Consultancy

Services of Projects in North East.Details in the format as per Annexure 3. Completion certificate from Client

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Annexure 3: Details of related projects

1. Architectural planning and design services for similar projects in hilly area

S no.

Name of Project

Name of the Client

Description of services provided

Value of project

Total Built up Area of the Project

Location

Reasons for why it is similar(Type of Project)

1            2            3            

2. Architectural planning and design services of Sports Infrastructure / Stadium in any Area

S no.

Name of Project

Name of the Client

Description of services provided

Value of project

Total Built up Area of the Project

Location

Reasons for why it is similar(Type of Project)

1            

2            

3. Experience of project in North East

S no.

Name of Project

Name of the Client

Description of services provided

Value of project

Total Built up Area of the Project

Location

1            2            

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Annexure 4: Evaluation criteria

1. Architectural planning and design services for similar projects in hilly area

[Applicant with maximum number of projects will get maximum marks, other Applicants will be given relative marks)

Similar Projects would mean Institutional, Sports, Hotel, Theatres and Auditorium

20 Marks

2. Architectural planning and design services of Sports Infrastructure / Stadium in any Area

[Applicant with maximum number of projects will get maximum marks, other Applicants will be given relative marks)

20 Marks

3. Experience in Projects in North East 10 Marks

4. Technical Proposal 50 Marks

Total 100 Marks

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Annexure 5: Technical Proposal including approach, methodology and work plan

Technical Proposal shall include Approach, Methodology and Work Plan: The Applicant shall

include a detailed narrative on the approach, plans (to match the Scope of Services, including

milestones & timelines). This shall demonstrate its:

(a) Basic concept plan, approach and methodology to the Client

(b) Estimated area phase-wise (in Sq.ft ) and the ball-park cost of construction.

(c) Understanding of Scope of Services and the Project;

(d) Timelines and Deliverables

(e) Work methodology, tasks, timelines, technical skills, method and technology / systems

that will be used to develop and document each of the major areas of the Scope of

Services;

(f) Organisation chart of the Applicant

(g) Resource and manpower mobilization plan

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Annexure 6: Financial Proposal

Instructions to the bidder:

1. The Applicant shall provide the Financial Proposal in the following format. The Financial Proposal shall be provided for all the facilities and phases mentioned in the RFP.

2. Taxes including GST shall be given separately

3. Financial Proposal shall be provided in the below format:

Rs1. Concepts and Master Plan All phases Lump sum

2.Schematic Design & Approvals

Phase 1 Lump sum

3.Detailed Design (including tender documents)

Phase 1 Lump sum

4.Good For Construction Drawings

Phase 1 Lump sum

5.Design and implementation support

Phase 1Lump sum

6. Landscaping services Phase 1 Lump sum7. Total Excluding Taxes8. Taxes

9.Total including Taxes based on above

10.

OPE will be capped at 5% of the contract value based on 7 above. OPE shall include reimbursement of travel and other expenses during all phases including construction phase also.

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Annexure 7: Bid Undertaking (For validity of Bid):

[In the bidder’s letterhead]

I, the undersigned do hereby undertake that our firm M/s ______________________________________________________ agree to abide by this bid for a period of 180 days for the date fixed for receiving the same and it shall be binding on us and may be accepted at any time before the expiration of that period.

________________________________________(Signed by an Authorised Officer of the firm)Title of OfficerName of Firm

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Annexure 8: Documents relating to authorised signatory

The Bidder shall provide the document authorising the signatory in Annexure 8.

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Annexure C: Draft Consultancy Services Agreement

The Client reserves the right to modify, add or change the terms of this term sheet at its discretion

1. Parties to the Agreement1.1. The Agreement shall be entered into between the Consultant and Tata Trusts or any other entity authorised by Tata Trusts (“Client”)

2. Commencement of Services:2.1. Consultant shall commence services within one week of issue of Service Order 2.2. On a case to case basis, the Client may agree for allowing further mobilisation time for

Consultant to commence services

3. Scope of Services: As defined in Annexure A to the RFP. Performance of scope of Services shall be defined as Deliverables by the Consultant.

4. Completion of Services4.1. Timeline for completion of services shall be as follows:

S. No

Deliverable Details Timelines No. of copies

1. Masterplan, Layout plan and Conceptual plans

2 weeks from LOI 2 Hard copies + soft copy

2 Schematic Plans and Approval drawings

4 weeks from Master /concept plan sign off

2 Hard copies + soft copy

4 Detailed Tender Drawings & Estimates

4 weeks from Schematic plans

2 Hard copies + soft copy

5 Good for Construction 4 to 6 weeks from Tender Drawings (can be released package wise)

2 Hard copies + soft copy

Timeline shall be adjusted appropriately for activities that can be carried out in parallel.

5. Term5.1. Term of the Agreement shall be for a period of one year with ability

6. Termination6.1. Either Party may terminate the Agreement by giving a one-month notice6.2. Without prejudice to its any other rights or remedy against the Consultant in respect of

any delay, abandonment, inferior quality of work, any claims for damages and / or other provisions, whether the date of completion has not elapsed, Client may

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terminate

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the Agreement by giving two (2) week notice in writing to the Consultant. Such termination by Client may happen in circumstances including but not limited to the following:

(a) If the Consultant having been given notice that the work is being performed inefficiently or quality checks are not being made or otherwise improper or unprofessional manner

(b) If the Consultant persistently neglects its obligations under the contract and / or commits default in complying with any of the terms and conditions of the Agreement and does not remedy it or take effective steps to remedy within two(2) weeks of issuing a notice by the Client

6.3. Upon termination of the Agreement for any reason whatsoever, the Consultant shall deliver within two (2) weeks to the Client all drawings, designs, documents, approval papers, reports, test results and all relevant documents prepared or received by the Consultant under or pursuant to or as a result of this Agreement from any person connected with the Client or Programme.

7. Fees7.1. Fees for Services shall be computed on the following basis

Rs1. Concepts and Master Plan All phases Lump sum

2.Schematic Design & Approvals

Phase 1 Lump sum

3.Detailed Design (including tender documents)

Phase 1 Lump sum

4.Good For Construction Drawings

Phase 1 Lump sum

5.Design and implementation support

Phase 1Lump sum

6. Landscaping services Phase 1 Lump sum7. Total Excluding Taxes8. Taxes

9.Total including Taxes based on above

10.

OPE will be capped at 5% of the contract value based on 7 above. OPE shall include reimbursement of travel and other expenses during all phases including construction phase also.

8. Payment Basis, Mechanism, and Penalties8.1. The payment for Service Order shall be computed based on the Fees mentioned in the

above clause depending on the completion of stage of Services. Such payment shall be made as follows:

Milestone Payment

Advance subject to provision of Performance Bank Guarantee 10% of estimated value

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Fees payable at every stage (within 21 days of valid invoice)

Advance paid will be adjusted pro rata across the stages

Payment schedule shall be in accordance with the submission stages.

  Payment Break up % of Fees for Prototype

1 Design Brief Stage & Concept Design Stage 10%

A Submission of Concept Design Portfolio to Client 5%

B Submission of Master plan to Client 5%

2 Schematic Design Stage 10%

A Compilation Schematic package 10%

3 Submission of Municipal drawings 5%

ASubmission of all drawings for statutory approvals and upon obtaining necessary approvals

5%

4 Design Development Stage 15%

ASubmission of 100% DD stage portfolio and submission of interior DD Portfolio

15%

5 Tendering Stage   10%

AOn preparation of specifications & tender drawings for Civil Works , Interior Works, and MEP works

10%

6 Construction Drawings/GFC Stage 20%

6aOn submissions of Good For Construction drawings for Structural and Civil works up to Sub structure

5%

6bOn submissions of Good For Construction drawings for Structural, Civil, MEP works up to Super Structure

5%

6cOn submissions of Good For Construction drawings for Architectural Finishing DetailsOn Submission of Landscape plan

5%

6dOn submissions of Good For Construction drawings for Interior Details

5%

7 Construction Phase 30%

7a

During construction of facility

Payment in equal monthly instalments starting from the date of start of works at site till completion of construction as per construction project schedule.

25%

7bOn occupancy/ completion of works, and issue of as built drawings to client.

5%

Total 100%

8.3. All such payments shall be subject to deduction of applicable taxes, penalties and recoveries, if any.

8.4. Client shall not be responsible for providing any financial support except above-mentioned fee. Any other expenditure like traveling, staying, communication, boarding, lodging, transportation of goods equipment, etc. shall have to be borne by the Works Contractor.

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8.5. Penalty shall be imposed for delay in completing the scope of work from agreed timelines:

(a) Delay of up to 1week: 2% of the Service Order value

(b) Delay of up to 2week: 5% of the Service Order value

(c) Delay of more than 2 weeks: 10% of the Service Order value

It is clarified that if the delay is on account of force majeure or due to non-availability of site locations or approvals or for any reason not directly attributable to the Consultancy, if any, there shall be no penalty imposed on the Consultant for any delay.

9. Performance Bank Guarantee: The Consultant shall provide Performance Bank Guarantee for 10% of the Service Order value. The performance bank guarantee shall be valid until 30 days from the date of completion of Service with respect to the Service Order.

10. Representation and Warranties10.1. There shall be customary representations and warranties applicable to transactions of

this nature.

11. Obligations of Client11.1. Client shall pay the fees to the Consultant as per mutually agreed payment schedule.

11.2. The Client will nominate an officer and / or its project management consultant for day to day coordination with the contractor.

12. Indemnity12.1. The Consultant shall indemnify and hold the Client and its affiliates and their

respective officers, directors, employees, agents, successors and assigns, harmless from and against any and all claims, demands, actions, losses, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or resulting from (i) the Consultant’s gross negligence or wilful misconduct or breach of any undertaking, covenant, representation or warranty contained hereinabove or(ii) the actual infringement of any patent, trademark, copyright, trade secret or other intellectual property right in connection with the Agreement or any work product, drawings, designs, documents in relation thereto, including any Deliverables, furnished to the Client by Consultant pursuant to the terms of this Agreement, or the use thereof by the Client. The Consultant agrees to defend any indemnified party, at the Client’s request, against any such claim, demand or suit.

13. Compliance with codes and authority requirements:13.1. The Consultant guarantees that the services as specified/described under the scope of

Services for the Consultant in this Agreement or Service Order, and technical documents to be developed by the Consultant shall be in accordance with the sound and established industry practices, using all applicable Codes, Conventions and Regulations and wherever applicable, International Standards, for the purpose(s)

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specified, free from defects and suitable for respective uses intended.

13.2. The Consultant shall be liable to the Client for the performance of Services in accordance with the provision of this Agreement or Service Order and for the loss suffered by Client as a result of default / negligence / error of the Consultant in such performance

13.3. Professional Indemnity Insurance: The Consultant shall take appropriate insurance cover for Professional Indemnity Insurance at 110% of the advance amount provided to the Consultant. The Professional Indemnity shall be valid from the effective date until 30 days from the date of completion of the Consultancy Services.

14. Regulatory and Compliance Standards:

14.1. The Consultant shall perform the services diligently exercising due care and in accordance with the instructions or guidance as may be specified by the Client and in accordance with the prevailing Indian laws, as applicable. In particular, the Consultant will properly store any Confidential data that may come into the Consultant’s possession and control in the course of this assignment and will hand-over or destroy such data, in accordance with our instructions, and in conformity with applicable law. The Consultant shall not allow any other person to use any personal data that may come into your possession or control, for any commercial purpose.

15. Acceptance of Deliverables15.1. All Deliverables under this Contract shall be subject to acceptance by Client to verify

that the Deliverables satisfy the expected outcomes set forth in Annexure. If a work fails to set forth acceptance criteria for any Deliverable, acceptability of suchDeliverable shall be based on the Client’s reasonable satisfaction. The Client shall give the Consultant within 10 working days of receipt of the Deliverable, written notice if the Client determines that a Deliverable does not conform to the expected outcome. The Consultant shall, at no cost to the Client, promptly correct any deficiencies. Upon completion of the corrective action by the Consultant, the Client will reconsider acceptance of the Deliverable. If the Deliverable still does not conform to the expected outcome, the Client may (i) immediately terminate the Contract without any further obligation or liability of any kind and the Consultant shall immediately reimburse the Client any amounts paid thereunder; or (ii) require the Consultant to continue to attempt to correct the deficiencies, reserving the right to terminate at any time.

16. Rights in Products / Service outcome16.1. The Consultant acknowledges that the Client shall retain all title to and all rights in any

intellectual property provided by the Client to the Consultant under this Contract. In addition, the Consultant acknowledges that during the course of providing services to the Client it has transferred all of its right, title and interest in and to all data, information, designs, know-how, software, inventions and other material and intellectual property developed or prepared by the Consultant in the course of, or

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RFP for Architectural Consultancy for HATC in Mizoram 2019

resulting from, the performance of such services, and/or incorporated or included in the Deliverables which may have been used for or in relation to such services shall vest in the Client or such party as the Client may designate. To the extent that title to any such assignment may not, by operation of law, vest in the Client all rights, title and interest therein are hereby irrevocably assigned by the Consultant to the Client. The Consultant shall make full and prompt disclosure and deliver all such assignment to The Client.

16.2. The Consultant hereby grants to the Client a royalty-free, non-exclusive, worldwide, irrevocable, transferable license to all intellectual property not first developed by the Consultant in the course of, or resulting from, the performance of the work, but which is incorporated in any Deliverable provided by the Consultant to the Client hereunder. The Consultant shall notify the Client promptly in writing in the event the Consultant determines it will so incorporate any material not first developed by the Consultant hereunder, and warrants that it will not incorporate any third party material in any Deliverable without the prior written consent of the Client.

17. Insurance17.1. The Consultant may take up adequate protection in the form of health and accident

insurance for its employees and representatives before commencement of the Services and the Client will not be liable or in any way be responsible for costs associated with unlikely eventualities like emergency medical problems, sickness, accidents etc. which may occur to the Consultant during the course of the assignment, in particular during the field visit.

18. Confidentiality:18.1. The Consultant shall retain in confidence and shall not, without the prior written

consent of Client, disclose in any manner or use, except in the performance of its services under this Contract, any materials disclosed to the Consultant by the Client or developed by the Consultant for the Client, including information of the Client or partners or affiliates and all Work Product and Prior Work Product (collectively“Confidential Information”).

18.2. The restrictions herein shall impose no obligation upon the Consultant with respect to any Confidential Information: (a) in the public domain at the time received by the Consultant; (b) which enters the public domain other than by breach of theConsultant’s obligations hereunder; (c) known to the Consultant prior to receipt from the Client; (d) received by the Consultant from a third party if such third party has the right to make such disclosure; or (e) independently developed by the Consultant without access to Confidential Information.

19. Assignment:19.1. During this contractual period, no work related to the Project will be outsourced or

assigned to any third party without the prior written consent of the Client.

19.2. In case the Consultant is unable to perform the work it may invoke the termination clause set-out herein below. In the event of such pre-mature termination by the Consultant, the Client reserves the right to withhold the payments and may also call upon the Consultant to refund the advance amount paid by the Client

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RFP for Architectural Consultancy for HATC in Mizoram 2019

20. Law and Jurisdiction:

20.1. This Contract shall in all respects be governed by the laws of India and any dispute arising out this letter between the Parties shall be submitted to the exclusive jurisdiction of Courts of Kohima. However, nothing in this Contract shall be deemed to limit or prohibit the Board Members of the Client from initiating criminal/civil proceedings at any place within and outside India, in respect of any act or omission on part of the Consultant which constitutes a criminal offence under applicable law.

20.2. In the event of any dispute between the Parties arising under this Contract (including with regard to the existence, validity or enforceability of this contractor any provisions hereof), the Client and Consultant Signatory shall use their best efforts to resolve such dispute amicably through discussions.

20.3. Any dispute between the Parties as to matters arising under this Contract which

cannot be settled amicably within 30 days after receipt by one Party of the other

Party’s

written request for amicable settlement may be submitted by either Party to arbitration in accordance with the provisions set out below.

(a) The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 or any amendment or re-enactment thereof and the rules made there under. Each dispute submitted by a Party shall be heard by a sole arbitrator appointed jointly by both the Parties.

(b) Arbitration proceedings shall be held in Kohima. The language of any arbitration proceedings shall be English.

21. Amendments

21.1. No amendment, supplement, modification or clarification to this Contract shall be valid or binding unless set forth in writing and duly executed by the Parties.

22. Force Majeure22.1. Any delay or failure in the performance by either Party hereunder shall be excused if

and to the extent caused by the occurrence of a Force Majeure. For purposes of this Contract, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Party claiming Force Majeure, including acts such as war, strike, riots, crime or act of God (Ex: flooding, earthquake, volcano).

23. General(a) Time is the Essence of the Contract: There shall be a strict adherence to timelines

set by Client.

(b) The Client shall require the Consultant to carry out or cause to be carried out tests for quality assurance of Project, at such time and frequency and in such manner as may be specified in the contract, and in accordance with good industry practice. Based on the reports submitted by the Consultant, if the Client feels that the Consultancy Services have not been properly completed either due to the negligence or error or non-performance as per the scope of Consultancy Services or Service Order issued to the Consultant, the Consultant shall perform the Consultancy Services or such other activities to complete the scope of Consultancy

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RFP for Architectural Consultancy for HATC in Mizoram 2019

Services or Service Order at its own cost and no additional payment shall be made in such cases.

(c) The relationship between the Parties shall be principal to principal, it being clearly understood that this is a “contract for services” and not a “contract of services” and does not create and shall not be deemed to create any partnership, joint venture, employer-employee or a principal agent relationship between your organization and the Client.

(d) The Consultant shall not be entitled to, by act, word, and deed or otherwise make any statement on behalf of The Client or in any manner bind The Client or hold out or represent that it is representing or acting as agent to The Client. The Consultant is and shall always be and remain an independent entity. The employees of the Consultant shall always be and remain the employees of the Consultant the Client shall at no point of time be construed as their employer.

[Such other terms as may be added by the Client]

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