TAMIL NADU TOURISM DEVELOPMENT CORPORATION LTD Tender …€¦ · Tamil Nadu Tourism Development...

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TAMIL NADU TOURISM DEVELOPMENT CORPORATION LTD

TENDER DOCUMENT

Tender Ref No.:

Dated:

Proposal for Selection of Contractor for Conceptualizing, Designing, Supplying,Installing, Testing and Commissioning of Façade Illumination of Temples of

Kancheepuram including Ekambareswarar temple, Jvarsheshvarer temple,Kailasanathar temple, Kamatchi Amman temple, Katchabeshwarer temple,

Kumarakottam temple, Ulagalantha Perumal temple, Vaigunda Perumal templeand Varatharaja Perumal temple.

Estimated Cost: 695.09 Lakhs

Volume 1: Technical Bid

CLIENT:

TAMIL NADU TOURISM DEVELOPMENT CORPORATION LTD,

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CONTENTS

SECTION TITLE

Section -1 Background

Section-2 Scope of Work

Section -3 Preparation of proposal

Section -4 Proposal Evaluation

Section -5 Minimum Eligibility and Selection Criteria

Section -6 Data Sheet

Section -7 Terms of Reference

Section - 8 General conditions of Contract

Section - 9 Submission Document Formats

Form TECH - 1 Technical Proposal Application

Form TECH - 2 Applicant’s Organization and Experience

Form TECH - 3 Comments and Suggestions of Terms of Reference

Form TECH - 4 Description of Approach, Methodology and Work Plan for Performing theAssignment

Form TECH - 5 Project Completion Schedule

Form TECH - 6 Key personnel and other full time workers with the applicant

Form TECH - 7 Format for Power of Attorney for Lead member of Consortium/ JV

Form TECH - 8 Format for Power of Attorney for Authorized Signatory

Form FIN - 1 Financial Bid with lump sum price including all taxes

Form FIN - 2athrough to FIN -2i

Detailed BOQ for Each of the Temples

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1 SECTION – 1: BACKGROUND

Tamil Nadu Tourism Development Corporation Ltd. (TTDC) – A Govt. of Tamil Naduundertaking is engaged in development of places of tourist interest including illuminationof monuments in Tamil Nadu. The projects are sanctioned from Department of Tourism,Govt. of India or from the State Government, Department of Tourism. These projects aresanctioned to TTDC on turnkey basis and TTDC, being Government of Tamil Naduundertaking, is getting the projects implemented through agencies as per the Governmentprocedures and guidelines

EXPRESSION:

TTDC has been engaged for Façade Illumination of Temples of Kancheepuram includingEkambareswarar temple, Jvarsheshvarer temple, Kailasanathar temple, Kamatchi Ammantemple, Katchabeshwarer temple, Kumarakottam temple, Ulagalantha Perumal temple,Vaigunda Perumal temple and Varatharaja Perumal temple. TTDC requires the servicesof established, experienced agency for conceptualization, design and implementation ofthe illumination works etc. on turnkey basis as per the scope enlisted in the tenderdocument and as per the details given below:

1.1 Name of Work: Conceptualizing, Designing, Supplying, Installing, Testing andCommissioning of Façade Illumination of Temples of Kancheepuram includingEkambareswarar temple, Jvarsheshvarer temple, Kailasanathar temple, KamatchiAmman temple, Katchabeshwarer temple, Kumarakottam temple, UlagalanthaPerumal temple, Vaigunda Perumal temple and Varatharaja Perumal temple.

1.2 Pre-Qualification cum Tender is invited for Implementation of Illuminationworks at the Temples of Kancheepuram on turnkey basis from Companies based onthe competitive and quality based offers in Two part Quality and Cost BasedSystem i.e. Part No.1: Pre-qualification and Technical bid Technical Bid (TechnicalDocuments), Part No. 2: Financial bid.

1.3 Total Project cost: Rs. 695.09Lakhs including GST (not to exceed). This includesthe amount of Maintenance contract.

1.4 Completion time: 240 days from the 21stday of issuance of Letter of Award orfrom the date of handing over of the clear site whichever is later.

1.5 Interested Companies / Consortiums having experience in the field of illuminationand lighting are invited for participating in the tender.

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2 SECTION – 2: SCOPE OF WORK

The budget for the project is Rs.695.09 Lakhs (including the amount of Maintenancecontract) and is to be completed in 240 days from the date of signing of the contract orfrom the date of handing over of the clear site whichever is later. The project includes thefollowing major components:

2.1 Preparing concept plan and Perspectives

2.1.1 Visiting the site and discussing the details with the client and attending necessarymeetings

2.1.2 Undertaking condition assessment of the site including undertaking the potentialand constraints for development and stress factors.

2.1.3 Preparing concept plan for the design for supply, installation, testing andcommissioning of illumination of Temples of Kancheepuram and hold discussionswith the clients. Detailing out the concept including preparation drawings anddesigns, as required, to explain the planning and nature of work with basicdimensions and also keeping in view the functional requirement as well as theguide lines for such monuments.

2.1.4 Preparation of the Bill of Quantities

2.1.5 Design and selection of suitable state of art equipment, energy saving equipmentand eco Environment friendly equipment/ fixtures and required materials completewith formulation of detailed specifications.

2.1.6 Submission of detailed bill of quantities as per the designed concept

2.2 Execution of Project

2.2.1 Preparation and submission of program chart.

2.2.2 Research and creation of concept towards the Illumination works to beimplemented.

2.2.3 Preparation of working drawings and details for all aspects of the work

2.2.4 Liaisoning with local/statutory authorities.

2.2.5 Preparation of the completion drawings and submitting to the concernedauthorities.

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2.2.6 Approvals: To submit all drawings, documents, applications through TTDC/Clientand pursuing with concerned authorities for approval regarding, layouts, electricityetc. if required

2.2.7 Hardware: Supply of equipment as per the details submitted in Technical Bid,during presentation and as per the concept conceived & designed.

2.2.8 Installation of the equipment including all associated works for completion ofIllumination works.

2.2.9 Final system integration and hand over the project.

2.2.10 Completion Drawings: Submit as built drawings related to the project &Maintenance manual along with guarantee cards etc.

2.3 Life of Components: The implementation of the project is of permanent nature & allthe components are expected to have life of not less than 10 years except routinewear and tear. All copper cables shall be utilized besides it is to be ensured thatafter sales service is available within a reasonable time for all equipment used.Structural and safety measures are to be ensured.

2.4 Post implementation services are also included in the scope of work as containedunder section 8 of this tender document for which separate agreement as per formatenclosed shall be executed (Annexure IX).

2.5 The works shall be executed as per the statuary guidelines of concerned authority.

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3 SECTION – 3: PREPARATION OF PROPOSAL PRE-QUALIFICATION,TECHNICAL CUM FINANCIAL BID

Sub: Selection of Contractor for Conceptualizing, Designing, Supplying, Installing,Testing and Commissioning of Façade Illumination of Temples of Kancheepuramincluding Ekambareswarar temple, Jvarsheshvarer temple, Kailasanathar temple,Kamatchi Amman temple, Katchabeshwarer temple, Kumarakottam temple,Ulagalantha Perumal temple, Vaigunda Perumal temple and Varatharaja Perumaltemple.

Preparation of Proposal: The Proposal as well as all related correspondence exchangedby the Applicant and TTDC, shall be written in the language (s) specified in the DataSheet. While preparing their Technical Proposal, Applicants are expected to examine thedocuments constituting this RFP in detail. Material deficiencies in providing theinformation requested may result in rejection of a proposal.

Technical Proposal Format and Content: Tender submission shall be strictly as per tendernorms of the Government of Tamil Nadu. Applicants are required to submit a FullTechnical Proposal (FTP). The Data Sheet indicates the format of the Technical Proposalto be submitted. Submission of the wrong type of Technical Proposal will result in theProposal being deemed nonresponsive. The Technical Proposal shall provide theinformation indicated in clause 3.15.1 using the standard forms as per Section 9 of theRFP Document. A page is considered to be one printed side of A4 or letter size paper.Applicants must submit:

3.1 Technical Proposal Submission Form TECH-1.

3.2 A brief description of the Applicant’s organization and an outline of recentexperience of the Applicant and, in the case of consortium, for each partner,assignments of a similar nature are required in Form TECH-2 of Section 4. For eachassignment, the outline should indicate the names of Sub-Contractors/ Professionalstaff who participated, duration of the assignment, contract amount, and Applicant'sinvolvement. Information should be provided only for those assignments for whichthe Applicant was legally contracted by the client. Applicants should be prepared tosubstantiate the claimed experience if so requested by TTDC

3.3 Comments and suggestions on the Terms of Reference including workablesuggestions that could improve the quality / effectiveness of the assignment; and onrequirements for counterpart staff and facilities including: administrative support,office space, local transportation, equipment, data, etc. to be provided by the TTDC(Form TECH-3 of Section 4)

3.4 Details of concept and description of work methodology/ work plan by which thebidder proposes to execute the work in Form Tech-4 including

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3.4.1 Proposed layout plan for each of the temples

3.4.2 Pictorial formations / digital renders show themes and elevations for each of thetemples

3.4.3 Dialux calculations and visualizations for each of the temples

3.4.4 Detailed unpriced Bill of Quantity (BOQ) for each of the temples along withcomplete details of fixtures including brands, model numbers, brightness inlumens, power ratings, optical angles and weather ratings.

3.4.5 Technologies and equipment: Applicants should only propose state of the art LEDlighting fixtures used for specialized outdoor lighting from reputed Indian &International make brands (or) equivalent.

3.4.6 Life of the components: Applicants should clearly mention the warranties andexpected life of equipment.

3.4.7 Electrical, Mechanical and Automation systems

3.5 A project completion schedule (Form TECH-5)

3.6 Proposed Management and Technical Team.: CVs / Bios of the Professional staffsigned by the staff themselves or by the authorized representative of theProfessional Staff (Form TECH-6 of Section)

3.6.1 Management team during construction and operations.

3.6.2 People consisting of the management team.

3.6.3 Their capability and management expertise.

3.6.4 Technical Team during construction and operations.

3.6.5 Equipment and machinery supplier.

3.6.6 Other personnel involved.

The Technical Proposal shall not include any financial information. A Technical Proposalcontaining financial information may be declared as non-responsive.

3.7 Financial Bid: The bidders must submit hard copy of their financial bid.

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3.7.1 The bidders must give separately detailed Bill of Quantities (BOQ) for each of thetemples along with the brands, models, optic angles, weather ratings, quantitiesand prices and fees for conceptualizing, designing, supplying, installing, testingand commissioning.

3.7.2 The bidders must quote a lump sum price which is the sum total of the individualBOQs for each of the temples and this lump sum price will be used to evaluate thebidder’s bid.

3.7.3 Taxes: The financial liability on account of any other taxes such as Income Taxetc., as may be applicable on the amounts received by Applicant from TTDC shallbe solely borne by the Applicant. The Applicant alone shall be responsible in allrespects for the payment of all taxes like Income Tax etc. in a timely manner andfiling the returns in respect thereof as per the applicable laws. However, towardscompliance with the applicable Income Tax laws, TTDC shall deduct Income Taxat source (TDS) from the payments to be made by TTDC to Applicant and theApplicant shall not object to the same.

3.8 TTDC shall not allow payment of any commissions and gratuities under thisassignment.

3.9 While submitting the Financial Proposal, the Applicants shall ensure the following:

3.10 All the costs associated with the assignment shall be included in the FinancialProposal. These shall normally cover remuneration for all the Personnel (Expatriateand Resident, in the field, home office etc.), printing of documents, surveys etc.

3.11 The financial quote indicated in the Financial Proposal shall be without anycondition attached or subject to any assumption, and shall be final and binding.

3.12 In case any assumption or condition is indicated in the Financial Proposal, it shallbe considered non-responsive and liable to be rejected.

3.13 Further, all payments shall be subject to deduction of taxes at source as perApplicable Laws.

3.14 Sealing and Marking of Proposal: Tender submission shall be strictly as per tendernorms of the Government of Tamil Nadu. The bidder should submit the hard copyof the technical documents and financial documents in two separate sealedenvelopes and super scribed “Response to Response for Proposal for Selection ofContractor for Conceptualizing, Designing, Supplying, Installing, Testing andCommissioning of Façade Illumination of Temples of Kancheepuram includingEkambareswarar temple, Jvarsheshvarer temple, Kailasanathar temple, KamatchiAmman temple, Katchabeshwarer temple, Kumarakottam temple, UlagalanthaPerumal temple, Vaigunda Perumal temple and Varatharaja Perumal temple,

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Kancheepuram, Tamil Nadu on the top right hand corner and addressed to: TheChairman & Managing Director, Tamil Nadu Tourism Development Corporation,Tourism Complex, No.2,Wallajah Road, Triplicane, Chennai-600 002.

3.15 The Applicants shall prepare and submit:

3.15.1 One (1) Technical Proposal duly marking “Original” super scribed on topTECHNICAL PROPOSAL and Contents of Envelope shall be as follows:

3.15.1.1Form TECH-1. Technical Proposal Submission Form

3.15.1.2Form TECH-2. Applicant’s Organization and Experience

3.15.1.3Form TECH-3. Comments and Suggestions on the Terms of Reference

3.15.1.4Form TECH-4. Description of Approach, Methodology and Work Plan forPerforming the Assignment

3.15.1.5Form TECH-5. Project completion schedule

3.15.1.6Form TEC H-6. Key personnel and other professional staff

3.15.1.7Form TECH-8. Format for Power of Attorney for Lead member ofConsortium/ JV

3.15.1.8Form TECH-9: Format for Power of Attorney for Authorized Signatory

3.15.2 One (1) Financial Bid duly marking “Original” super scribed on top FINANCIALBID and Contents of Envelope shall be as follows:

3.15.2.1Form FIN-1 Financial Bid with lump sum price including all taxes

3.15.2.2Form FIN-2 Detailed BOQ for Ekambareswarar temple

3.15.2.3Form FIN-2 Detailed BOQ for Jvarsheshvarer temple

3.15.2.4Form FIN-2 Detailed BOQ for Kailasanathar temple

3.15.2.5Form FIN-2 Detailed BOQ for Kamatchi Amman temple

3.15.2.6Form FIN-2 Detailed BOQ for Katchabeshwarer temple

3.15.2.7Form FIN-2 Detailed BOQ for Kumarakottam temple,

3.15.2.8Form FIN-2 Detailed BOQ for Ulagalantha Perumal temple,

3.15.2.9Form FIN-2 Detailed BOQ for Vaigunda Perumal temple

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3.15.2.10 Form FIN-2 Detailed BOQ for Varatharaja Perumal temple

3.15.3 The envelopes shall indicate the complete name, address, telephone number (withcity code) and email address of the Applicant.

3.15.4 The envelopes shall be addressed to the Client as mentioned in the Proposal DataSheet.

3.15.5 All pages of the technical and financial proposal shall bear the initials ofauthorized signatory.

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4 SECTION – 4: PROPOSAL EVALUATION

4.1 From the time the Proposals are opened till the time the Contract is awarded, theApplicants should not contact TTDC on any matter related to its Technical and/orFinancial Proposal. Any effort by Applicants to influence TTDC in theexamination, evaluation, ranking of Proposals, and recommendation for award ofContract may result in the rejection of the Applicants 'Proposal. Evaluators ofTechnical Proposals shall have no access to the Financial Bids until the technicalevaluation is concluded

4.2 In case only one bid is received or during the Technical Evaluation only oneApplicant qualifies for the next stage of the bidding process, TTDC reserves theright to accept the bid of such single Applicant and carry out the bidding process asdescribed in the subsequent provisions of this RFP document.

4.3 Evaluation of Technical Proposal: The evaluation committee shall evaluate theTechnical Proposals on the basis of their responsiveness to the Terms of Reference,applying the evaluation criteria, sub-criteria, and point system specified in the DataSheet. Each responsive Proposal will be given a technical score (St). A Proposalshall be rejected at this stage if it does not respond to important aspects of the RFPdocument, and particularly the Terms of Reference or if it fails to achieve theminimum technical score indicated in the Clause 5.2.6 of Section 5 of RFPdocument.

4.4 Technical evaluation will also take into account presentations given by theApplicants on their technical proposal. The applicant has the liberty to conceive theproject at their own ideas, keeping in mind that shall match with the internationalstandard. They must visit the site before the presentation. The presentation has to besupported with simulated visuals which will be evaluated by a constitutedcommittee.

4.5 Public Opening and Evaluation of Financial Bids: After the technical evaluationis completed, TTDC shall inform the Applicants who have submitted proposals thetechnical scores obtained by their Technical Proposals, and shall notify thoseApplicants whose Proposals did not meet the minimum qualifying mark or wereconsidered non responsive to the RFP document and their Financial Bids will bereturned unopened after completing the public procurement process.

4.6 TTDC shall simultaneously notify in writing Applicants that have secured theminimum qualifying mark, the date, time and location for opening the FinancialBids. The opening date should allow Applicants sufficient time to makearrangements for attending the opening. However, Applicant's attendance at theopening of Financial Bids is optional.

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4.7 Financial Bids shall be opened publicly in the presence of the Applicant'srepresentatives who choose to attend. The name of the Applicants and the technicalscores of the Applicants shall be read aloud. The Financial Bid of the Applicantswho meet the minimum qualifying mark will then be inspected to confirm that theyhave remained sealed and unopened. These Financial Bids shall be then opened, andthe total financial quote read aloud and recorded. TTDC shall prepare a record ofthe public opening of Financial Bids.

4.8 The Evaluation Committee will correct any computational errors. When correctingcomputational errors, in case of discrepancy between a partial amount and the totalamount, or between word and figures the formers will prevail. In addition to theabove corrections, activities and items described in the Technical Proposal but notpriced, shall be assumed to be included in the prices of other activities or items. Incase an activity or line item is quantified in the Financial Bid differently from theTechnical Proposal.

4.9 Public Procurement process to be followed is Quality cum cost based selection(QCBS) with 80% weightage for Technical Proposal & 20% weightage forFinancial Proposal. The lowest evaluated Financial Bid (Fm) will be given themaximum financial score (Sf) of 100 points. The financial scores (Sf) of the otherFinancial Proposals will be computed as per clause 5.2.7. Proposals will be rankedaccording to their combined technical (St) and financial (Sf) scores using theweights (T= the weight given to the Technical Proposal; P = the weight given to theFinancial Proposal; T + P = 1) indicated in the Data Sheet: S = St x T% + Sf x P%.The applicant achieving the highest combined technical and financial score will beinvited for negotiations.

4.10 Negotiation: Negotiations will be held at the address indicated in the Data Sheet.The invited applicant will, as a pre- requisite for attendance at the negotiations,confirm availability of all Professional staff. Failure in satisfying such requirementsmay result in proceeding to negotiate with the next-ranked Applicant.Representatives conducting negotiations on behalf of the Applicant must havewritten authority to negotiate and conclude a Contract

4.11 Technical Negotiations: Negotiations will include a discussion of the TechnicalProposal, the proposed technical approach and methodology, work plan, andorganization and staffing, and any suggestions made by the Applicant to improvethe Terms of Reference. TTDC and the Applicant will finalize the Terms ofReference, staffing schedule, work schedule, logistics, and reporting. Thesedocuments will then be incorporated in the Contract as "Description of Services".

4.12 Special attention will be paid to clearly defining the inputs and facilities requiredfrom TTDC to ensure satisfactory Installation, Commissioning of the assignment.

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4.13 Conclusion of the negotiations: Negotiations will conclude with a review of thedraft Contract. To complete negotiations TTDC and the selected Applicant will signthe agreed Contract. If negotiations fail, TTDC will invite the Applicant whoseProposal received the second highest score to negotiate a contract or to cancel thetender process at any stage.

4.14 Award of Contract: After completing the negotiations, TTDC shall award theContract to the selected Applicant, TTDC shall return back the unopened FinancialBids of Applicants who are not technically qualified. The Notice of Award shall begiven to the Applicant who shall score the highest during the evaluation of theproposal. The representative of the Applicant may choose to be present during theissuance of the Notice of Award.

4.15 If the selected Applicant fails to execute a contract with the Client within 21business days of the Notice of Award, the Client may elect to cancel the selectionand award to the next highest ranking Applicant.

4.16 The Client reserves the right to contract for all or a partial list of services offered inthe proposal. The RFP and the selected Applicant's proposal will become part of thecontract between the Client and the selected Applicant.

4.17 The selected Applicant is expected to commence work as per schedule onceContract has been signed

4.18 Confidentiality: Information relating to the examination, clarification, evaluation,and recommendation for the selection of Applicants shall not be disclosed to anyperson who is not officially concerned with the process or is not a retainedprofessional adviser advising the TTDC in relation to matters arising out of, orconcerning the Public Procurement Process. TTDC shall treat all information,submitted as part of the Proposal, in confidence and shall require all those who haveaccess to such material to treat the same in confidence. TTDC may not divulge anysuch information unless it is directed to do so by any statutory entity that has thepower under law to require its disclosure or to enforce or assert any right orprivilege of the statutory entity and/or the TTDC or as may be required by law or inconnection with any legal process.

4.19 Extension of Project: Although time is the essence of the contract, but in case ofconditions beyond the control of the Client, the compensation during the period ofextension would be decided based on the basis of rates quoted by the applicants intheir Financial Bid.

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5 SECTION– 5: MINIMUM ELIGIBILITY AND SELECTION CRITERIA

The tender is for Selection of Contractor for Conceptualizing, Designing, Supplying,Installing, Testing and Commissioning of Façade Illumination of 9 temples ofKancheepuram including Ekambareswarar temple, Jvarsheshvarer temple,Kailasanathar temple, Kamatchi Amman temple, Katchabeshwarer temple,Kumarakottam temple, Ulagalantha Perumal temple, Vaigunda Perumal templeand Varatharaja Perumal temple. The estimated cost for each of the temples isbetween 20-200 Lakhs with the total cost of all nine temples estimated at 695.09 Lakhs.The method of selection is: Quality & Cost Based Selection (QCBS)

5.1 Minimum Eligibility of Applicants

5.1.1 The applicant can be Single firm / Consortium. The applicant should submit validincorporation/registration certificate of the firm, PAN Card and GST registrationcertificate.

5.1.2 The applicant should have the average Financial Turnover of Rs. 700.00 lakhs ormore on works related to lighting and illumination business during the last threeyears ending 31st March, 2017. Audited balance sheet of relevant accountscertified by the Charted Accounted shall be submitted.

5.1.3 The applicant should have successfully completed 9 works in the field of lightingand illumination costing Rs. 200 Lakhs or above in the last five years ending lastday of December 2016. For establishing their experience, the applicants shallproduce authentic and valid completion certificates from their past client. In casethe completion certificates are not available, applicants can submit the client workorders along with the certificates from their auditors / chartered accountants thatthe projects finished before 31st December 2016. TTDC may, at its own discretion,verify the veracity and validity of the work orders and certificates produced by theApplicant.

5.1.4 In case of an individual bidder, the above condition will apply and in case of aConsortium, the members of the consortium should nominate one Indian firm asthe lead bidder whose credentials will be used for minimum eligibility andselection criteria.

5.1.5 Information relating to barring of business by Governmental Organizations: AnyApplicant who has been debarred by the Central Government, any of the StateGovernments, a statutory or a public sector undertaking, TTDC or any other StateUndertaking from participating in any project, and such bar subsists as on the duedate of Proposal, would not be eligible to submit a Proposal either by itself orthrough its Associate. If any such proposal from debarred Applicant is received,the same shall be out right rejected without further evaluation.

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5.1.6 Past Performance: The Applicant or its Associate, who during the last threeyears, either failed to perform its obligations under any Agreement as evidencedby imposition of a penalty by an arbitral, judicial, statutory / public sectororganization, Government of India, State Governments, etc., shall be treated asnon - responsive and its technical and financial proposals shall be outright rejectedby the TTDC, at its sole discretion. The Applicant while making a proposal toTTDC shall provide all such information relating to the imposition of penalties,non-performance of contract, debarring by any Government or StatutoryOrganization along with its technical proposal. TTDC at its own discretion maycollect and verify such information. If TTDC finds that the Applicant has notprovided such information and has tried to mislead TTDC, it may reject theApplicant’s proposal as non-responsive

5.1.7 The tenderer/manufacturer should provide UL/FCC/CE classified equipment.

5.1.8 The bidder should be able to produce 1 set of each of the proposed LED productsand demonstrate their working.

.5.1.9 The bidder/lighting manufacturers should have a working base in India. They shouldhave been in India for more than 10 years with required office with sales and technicalsupport in India. The tendering authority will verify the same by visiting the facility.

5.1.10 The bidder/manufacturer should only propose only the latest LED products of samespecification as mentioned in the technical documents.

5.1.11 Light manufacturer should have an established service center in India operating for aminimum of 5 years. The address and details of the service centers should be produced.

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5.2 Selection Criteria

5.2.1 Applicants will be qualified on the minimum eligibility criteria mentioned in theclause 5.1 of this RFP document. The Proposals of the Qualified Applicants wouldbe evaluated based on the Evaluation Criteria mentioned below.

5.2.2 Key Personnel: The Applicant’s team shall consist of the Professional Staff (the“Key Personnel”) who shall discharge their respective responsibilities as specifiedbelow.

5.2.3 Availability of Key Personnel: The Applicant shall offer and make available allKey Personnel meeting the requirements of the Assignment. Before deploying anyKey Personnel, the Applicant shall ensure that each Key Personnel is employedand/ or otherwise deployed for the Assignment strictly in compliance with theapplicable laws of India. The Applicant shall not deploy any Key Personnel inviolation of the applicable laws.

S. No Designation Role

1Team Leader/Project Manager

Coordinate the inputs of his Project Team towardssuccessful delivery of the Project.

Participate in discussions with the Client on regularbasis.

Communicate the progress and constraints, if any, tothe Client for resolution of issues.

Ensure timely delivery of the deliverables under thisProject.

2 Lighting DesignSpecialist

Responsible for timely delivery of Conceptual andTechnical Design of the Project.

Responsible for firming up the TechnicalSpecifications & Cost

Responsible for Installation and Commissioning ofthe system

3ElectricalSpecialist

Responsible for timely delivery of Conceptual andTechnical Design of the Project.

Responsible for firming up the Technical

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Specifications & Cost

Responsible for Installation and Commissioning ofthe system

5.2.4 Conditions of Eligibility for Key Personnel: Each of the Key Personnel must fulfillthe Conditions of Eligibility specified below:

S. No Designation Minimum ProfessionalExperience post Bachelor’s

Degree (Years)

1 Team Leader /Project Manager 15

2 Light Design Specialist15

3 Electrical Engineering Specialist 7

5.2.5 Criteria, sub-criteria, and marking system for the evaluation of Full TechnicalProposals are

S.No.

Parameter MaxMarks

Remarks

1 Presentation in front ofevaluating committee

40 Applicants have the liberty toconceive the project at their ownideas, keeping in mind it shall matchwith the international standardswithout violating the sanctity of thetemples of Kancheepuram. Theevaluating committee will give eachapplicant’s presentation marks out of40.

Parameter MarksProposed conceptand design

10

Proposed 10

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technologies /innovation inlightingProject layout plan 10Dialux calculationsand visualizations

10

2 Quality of equipment /brands offered for theproposed project

20 All equipment to be offered should beof reputed brands as mentioned in thetender document and should beweather resistant to withstand harshoutdoor conditions in Kancheepuram.

3 Previous experience of theapplicant for last five yearsending 31st December 2016(In case of a consortium, theexperience of one of themembers of the consortiumwill be considered)

20 Past experience in the field of lightingand illumination will be consideredsubject to the minimum eligibilitycriteria mentioned in clause 5.1.3.Forestablishing their experience; theapplicants shall produce authentic andvalid completion certificates fromtheir past client. In case thecompletion certificates are notavailable, applicants can submit theclient work orders along with thecertificates from their auditors /chartered accountants that the projectsfinished before 31st December 2016.

Number ofProjects

Marksobtained

9 0510-14 1015-18 1519 and above 20

4 Minimum number ofrelevant workers employedwith the applicant (Sales,Creative and TechnicalDesign, Estimation,Purchase, Installation andmaintenance of permanentlighting and illumination)

10 The applicant should have a minimumof 20 full time workers eitherpermanently employed or under longterm contract for the business oflighting and illumination. Theapplicants shall produce qualifyingdocuments establishing last 6months of continuous employmentwith the applicant attested by theirauditors / chartered accountants.

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5.2.6 Evaluation of Technical Proposal: Only those proposals which score a minimumof 60 marks out of 100 in the Technical Evaluation shall qualify for next stage ofbidding process i.e. opening of Financial Bids. Technical score of other applicantswill be calculated as Technical Score (St) = 100 x Sm / S where Sm is thetechnical marks of proposal under consideration and S the technical marks of theapplicant with highest technical marks. The weightage given to the technical scoreis 80%

5.2.7 Evaluation of Financial Bid: At the second stage, the financial evaluation will becarried out as per this clause. For financial evaluation, the financial quoteindicated in the financial bid shall be considered. Financial Score Sf = 100 x Fm /F, in which Sf is the financial score, Fm is the lowest price and F the price of theproposal under consideration. The weightage given to the financial score is 20%

5.2.8 TTDC will determine whether the Financial Proposals are complete, unqualifiedand unconditional. The cost indicated in the Financial Proposal shall be deemed asfinal and reflecting the total cost of works. Omissions, if any, in costing any itemshall not entitle the firm to be compensated and the liability to fulfill itsobligations as per the TOR within the total quoted price shall be that of theApplicant.

Number ofPersonnel

Marksobtained

20workers 2.531-30 workers 531-40 workers 7.541 and aboveworkers

10

5 Number of years theapplicant has been inbusiness.

10 The applicant will be given marksbased on the number of years thecompany has been in lighting andillumination business. The applicantshould produce companyincorporation certificate.

Number ofYears inbusiness

Marksobtained

Less than 10 010-20 years 520 years andabove

10

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5.2.9 Combined and Final evaluation: After determining the financial score, theshortlisted Applicant will be given total score which will be determined as underTotal score = Technical Score (ST) *0.8 + Financial Score (SF) *0.2

5.2.10 Proposals of the post qualified Applicant during the process of evaluation of thetechnical bid will finally be ranked according to the total score. The selectedApplicant shall be the first ranked Applicant (whose total score as calculatedabove is the highest). The second ranked Applicant shall be kept in reserve andmay be invited for negotiations in case the first ranked Applicant withdraws, orfails to comply with the requirements specified hereinabove.

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6 SECTION – 6: DATA SHEET

S.No. Particulars Details

1. Method of Selection Quality & Cost Based Selection (QCBS)

2. Name of the assignmentis:

Selection of Contractor for Conceptualizing,Designing, Supplying, Installing, Testing andCommissioning of Façade Illumination ofTemples of Kancheepuram includingEkambareswarar temple, Jvarsheshvarertemple, Kailasanathar temple, KamatchiAmman temple, Katchabeshwarer temple,Kumarakottam temple, Ulagalantha Perumaltemple, Vaigunda Perumal temple andVaratharaja Perumal temple.

3. Estimated cost of theproject

Rs 695.09 Lakhs Inclusive of all taxes.

4. Cost of Tender Document Rs. 15,000.00/- + GST 18% Payable by demanddraft to Tamil Nadu Tourism DevelopmentCorporation

5. Earnest Money Deposit(EMD)

Rs. 7.00 lakhs

To be submitted along with Technical Proposal asDemand Draft payable to Tamil Nadu TourismDevelopment Corporation

Applicants can also submit the EMD in form ofBank Guarantee from any Nationalized Bank InIndia valid for 180 days from the last day ofsubmitting the tender proposal

6. Bid System Two Stage Public Procurement Systems.Technical Proposal and Financial Bid to besubmitted separately in sealed envelopes as pergiven specification.

7. The name of the TTDCofficial(s):

The Chairman & Managing Director, TamilNadu Tourism Development Corporation,Tourism Complex, No.2, Wallajah Road,Triplicane, Chennai-600 002.

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Phone: 9176995859

Email:

6. Inputs from TTDC The TTDC will provide the following inputs andfacilities:

(1) Area earmarked for the Assignment

(2) Permissions and approvals to access the siteand execute the project

(4) Broad details of the proposed project asconceived by the TTDC

8. Proposal Validity Proposals must remain valid for 90 (Ninety) daysafter the submission date .

9. Pre bid clarifications Clarifications may be requested not later than 2days before the Pre bid meeting which isscheduled to be done on ___________ at_______.The address for requesting clarificationsis:

Tamil Nadu Tourism DevelopmentCorporation, Tourism Complex,No.2,Wallajah Road, Triplicane, Chennai -600002

10. The Proposal submissionaddress is:

The Chairman & Managing Director, TamilNadu Tourism Development Corporation,Tourism Complex, No.2,Wallajah Road,Triplicane, Chennai -600002

Email: [email protected]

Phone No.: 9176995859

11. Proposal SubmissionTimeline

Proposals must be submitted not later than 15:00hrs. on 21.09.2017

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7 SECTION 7: TERMS OF REFERENCE

7.1 Conceptualize Design, Supply, Install, Test and Commission of Façade Illuminationof Temples of Kancheepuram including Ekambareswarar temple, Jvarsheshvarertemple, Kailasanathar temple, Kamatchi Amman temple, Katchabeshwarer temple,Kumarakottam temple, Ulagalantha Perumal temple, Vaigunda Perumal temple andVaratharaja Perumal temple.

7.2 The applicant shall be responsible for the procurement of all the spare parts duringthe defect liability period of 12 months including annual maintenance contract forthe first year with the manufacturers, Routine and periodic maintenance at specifiedintervals.

7.3 The applicant shall obtain relevant insurances suitable for the equipment during theinstallation as against any damage before the handover to TTDC. Post-handover,TTDC shall obtain its own insurances as required.

7.4 The Bidder shall complete the defect liability period successfully for 1 year fromthe date of the handover and shall handover all the equipment installed in goodworking condition to TTDC for closure of the contract

7.5 Delivery: While the conceptualizing and design of façade illumination of all the 9temples will happen simultaneously, contractors are required to execute the physicalwork on site at the 9 temples including installation, testing and commissioning in asequential manner. They are required to finish and hand over work at one templebefore starting work at the next temple.

7.6 Indicative Project Timelines: The indicative project timelines for completion of theproject are given as below. They will be further discussed between TTDC and thecontractor and detailed keeping into mind the schedule of major festive celebrationsand events that take place at each of the temples to minimize public inconvenience.

Phase Description Time Frame (D isthe Date of signing

of the contract)

Key Coverage

Conceptualizing, Designing,Supplying, Installing, Testingand Commissioning of FaçadeIllumination of temples ofKancheepuram.

D + 240 Days SuccessfullycommissiontheIllumination of9 Temples ofKancheepuram.1 Approval of Final Designs, D + 30 Days

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Layouts and Drawings2 Placing of hardware orders for

equipmentD + 45 Days

3 Receiving hardware for temple 1 D + 60 Days4 Installation and Commissioning

of Illumination of temple 1D + 75 Days

5 Receiving hardware for temple 2 D + 75 Days6 Installation and Commissioning


7 Handover of temple 1 D + 90 Days8 Receiving hardware for temple 3 D + 90 Days9 Installation and Commissioning












25 Handover of temple 7 D + 190 Days

26 Receiving hardware for temple 9 D + 190 Days

27 Installation and Commissioningof Illumination of temple 9

D + 205 Days

28 Handover of temple 8 D + 205 Days29 Handover of temple 9 D + 215 Days

30 Full and Final Handover D + 240 Days

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7.7 Ownership of the proposal: All proposals submitted in response to this RFP shallbecome the property of the TTDC regardless of the rejection/acceptance of anyproposal.

7.8 Proprietary information: Any information considered as a legitimate trade secret ornon-published financial information must be clearly marked in the Proposal andwill be treated as such in accordance with the laws of the State of Tamil Nadu andthe Government of India. A proposal that is entirely marked as confidential will berejected

7.9 Code of ethics: The applicants must ascertain that there is no conflict of interest orviolation of ethics if they are awarded the contract for these works. The Applicantsalso pledge that all information included in their proposal are accurate and correctto the best of their knowledge. Any falsification of facts or deceiving informationmay be grounds for rejection.

7.10 Contract award: The TTDC reserves the right to contract for all or a partial list ofservices offered in the proposal. The RFP and the Applicant’s proposal will becomepart of the contract between the Client and the Applicant.

7.11 If the Contractor fails to execute a contract with the Client within 21 business daysof the Notice of Award, the Client may elect to cancel the selection and award tothe next highest scoring applicant.

7.12 Terms of Payment: For illumination of each of the temples, payments will be madeon the basis of progress percentage of total project cost as per the schedule below:

Stage Payment Stage Payment Schedule

1 Mobilization advance

To be released against the submissionof the Bank Guarantee.

10% of total financial quote of theapplicant

2 Detailed conceptualization including alltechnical details of the componentssuch as equipment, make, quantity,power rating layouts and dialuxcalculations for the project.

To be released against the submissionof the Bank Guarantee

10% of total financial quote of theapplicant

3 Delivery of equipment on site 50% of financial quote of theapplicant

4 Satisfactory commissioning and 30% of financial quote of the

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handover of the project

To be released against submission of5% Bank Guarantee valid for the defectliability period which is 1 year from thedate of hand over.

applicant

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8 SECTION – 8: GENERAL CONDITIONS OF CONTRACT

8.1 Definitions: Unless the context otherwise requires, the following terms wheneverused in this Contract have the following meanings:

8.1.1 Applicable Law: means the laws and any other instruments having the force of lawin India and the State of Tamil Nadu as applicable from time to time during theperiod of contract.

8.1.2 Contract: means the Contract signed by the Parties to which the GeneralConditions (GC) are attached

8.1.3 Commencement Date: means the date specified in the Special Conditions as thedate for commencement of the Works.

8.1.4 Conditions: means these Conditions of Contract, General and Special.

8.1.5 Contract Agreement: means document recording the terms of the Contractbetween the Employer and the Contractor.

8.1.6 Contract Price: means the sum stated in the Letter of Acceptance as payable to theContractor for the execution of the Works.

8.1.7 Contractor: means the person whose tender has been accepted by the Employerand the legal successors in the title to the Contractor but not (except with theconsent of the Employer) any assignee of the Contractor.

8.1.8 Contractor’s Equipment: means all appliances or things of whatsoever naturerequired for the purposes of the Works

8.1.9 Data Sheet: means such part of the Instructions to Applicants used to reflectspecific country and assignment conditions.

8.1.10 Day: means calendar day

8.1.11 “Effective Date” means the date on which this Contract comes into force andeffect.

8.1.12 “Foreign Currency” means any currency other than the currency of the TTDC’scountry.

8.1.13 “GC” means General Conditions of Contract.

8.1.14 “Government” means the Government of Tamil Nadu, India.

8.1.15 “TTDC” means Tamil Nadu Tourism Development Corporation Ltd.

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8.1.16 “Local Currency” means the currency of the TTDC’s country.

8.1.17 “Member” means any of the entities that make up the jointventure/consortium/association, and “Members” means all these entities.

8.1.18 “Party” means the TTDC or the Contractor, as the case may be, and “Parties”means both of them.

8.1.19 “Personnel” means professional and support staff provided by the Contractor or byany Sub-Contractors and assigned to perform the works or any part thereof;“Foreign Personnel” means such professional and support staff who at the time ofbeing so provided had their domicile outside the beneficiary's country; “LocalPersonnel” means such professionals and support staff who at the time of being soprovided had their domicile inside the beneficiary’s country; and “Key Personnel”means the Personnel referred to in Clause 5.2.3.

8.1.20 “SC” means the Special Conditions of Contract by which the GC may be amendedor supplemented.

8.1.21 Sub-Contractors: means any person or entity to whom/which the Contractorsubcontracts any part of the works.

8.1.22 “Third Party” means any person or entity other than the Government, the TTDC,the Contractor or a Sub-Contractor.

8.1.23 “Total Project Cost” is equal to the total agreed fees payable to the Contractor forproviding the works, pursuant to this contract.

8.1.24 “In writing” means communicated in written form with proof of receipt.

8.1.25 “Defects Liability Certificate” means the certificate to be issued by the Employerto the Contractor in accordance with clause 8.51.4.2.

8.1.26 “Defects Liability Period” means 12 months following hand over, during whichthe Contractor is responsible for making good defects

8.1.27 “Employer” means the client and the legal successors in title to the Employer andany assignee of the Employer.

8.1.28 “Letter of Acceptance” means the formal acceptance by the Employer of theTender incorporating any adjustments or variations to the Tender agreed betweenthe Employer and Contractor.

8.1.29 “Performance Security” means the security to be provided by the Contractor inaccordance with for the due performance of the Contract.

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8.1.30 “Plant” means machinery, apparatus, materials and all things to be provided underthe Contract for incorporation in the Works.

8.1.31 “Schedule of Prices” / Summary of Costs means the completed and pricedSchedule of Prices, or any part or individual schedule thereof, submitted by theContractor with his Tender and forming a part of the Contract documents.

8.1.32 “Site” means the place or places, provided or made available by the Employerwhere work is to be done by the Contractor or to which equipment is to bedelivered, together with so much of the area surrounding the same as theContractor shall with the consent of the Employer use in connection with theWorks otherwise than merely for the purposes of access.

8.1.33 “Subcontractor” means any person (other than the Contractor) named in theContract for any part of the Works, or any person to whom any part of theContract has been subcontracted with the consent of the Employer, and theSubcontractor’s legal successors in title but not any assignee of the Subcontractor.

8.1.34 “Tender” or Proposal means the Contractor’s priced offer to the Employer for theexecution of the Works.

8.1.35 “Time of Completion” means the time stated in the Special Conditions forcompleting the Works from the Commencement Date unless extended inaccordance with Clause 7.6

8.1.36 Works” means all Plant to be provided and work to be done by the Contractorunder the Contract.

8.2 Relationship between the Parties: Nothing contained herein shall be construed asestablishing a relationship of master and servant or of principal and agent asbetween the TTDC and the Contractor. The Contractor, subject to this Contract, hascomplete charge of Personnel and Sub-Contractors, if any, performing the worksand shall be fully responsible for the works performed by them or on their behalfhereunder.

8.3 Law Governing Contract: This Contract, its meaning and interpretation, and therelation between the Parties shall be governed by the Applicable Law of India andthe State of Tamil Nadu.

8.4 Language: This Contract has been executed in the language specified in the SC,which shall be the binding and controlling language for all matters relating to themeaning or interpretation of this Contract.

8.5 Headings: The headings shall not limit, alter or affect the meaning of this Contract.

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8.6 Notices: Any notice, request or consent required or permitted to be given or madepursuant to this Contract shall be in writing. Any such notice, request or consentshall be deemed to have been given or made when delivered in person to anauthorized representative of the Party to whom the communication is addressed, orwhen sent to such Party at the address specified in the SC.

8.6.1 A Party may change its address for notice hereunder by giving the other Partynotice in writing of such change to the address specified in the SC

8.7 Location: The works shall be performed at the 9 temple sites of the city ofKancheepuram, Tamil Nadu.

8.8 Authority of Member in Charge

8.8.1 In case the Contractor is a Consortium consisting of more than one entity, themembers shall designate one member to act as representative, as specified in theSC with authority to conduct all business for and on behalf of all member of theConsortium, including without limitation the receiving of instructions andpayments from the TTDC

8.8.2 TTDC shall permit a consortium under this Contract. Each member of theconsortium shall be jointly and severely responsible to the TTDC. Every memberof the Contractor’s team deployed for the assignment under this Contract shallhave the authority to provide Services and also be responsible to the TTDC for thequality of Services to be provided under this Contract.

8.9 Authorized Representatives: Any action required or permitted to be taken, and anydocument required or permitted to be executed under this Contract by the TTDC orthe Contractor may be taken or executed by the officials specified in the SC.

8.10 Taxes and duties

8.10.1 The Contractor, Sub-Contractors, and their Personnel shall pay such indirect taxes,duties, fees, and other impositions levied under the Applicable Law, the amount ofwhich is deemed to have been included in the Contract Price.

8.11 Fraud and Corruption

8.11.1 Definitions: It is the TTDC’s policy to observe the highest standard of ethicsduring the execution of the Contract. In pursuance of this policy, the TTDC. Forthe purpose of this provision, the terms set forth below as follows:

8.11.1.1“Corrupt practice” means the offering, receiving, or soliciting, directly orindirectly, of anything of value to influence the action of a public official in thePublic Procurement process or in contract execution;

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8.11.1.2“Fraudulent practice” means a misrepresentation or omission of facts in order toinfluence a Public Procurement process or the execution of a contract;

8.11.1.3“Collusive practices” means a scheme or arrangement between two or moreContractors, with or without the knowledge of the Borrower, designed toestablish prices at artificial, noncompetitive levels;

8.11.1.4“Coercive practices” means harming or threatening to harm, directly orindirectly, persons or their property to influence their participation in aprocurement process, or affect the execution of a contract;

8.11.2 Measures to be taken

8.11.2.1TTDC will cancel and terminate the Contract if it determines that representativesof the Contractor were engaged in corrupt, fraudulent, collusive or coercivepractices during the Public Procurement process or the execution of thatContract.

8.11.2.2TTDC will sanction the Applicant, including declaring the Contractor ineligible,either indefinitely or for a stated period of time, to be awarded a TTDC-financedcontract if it at any time determines that the Contractor has, directly or throughan agent, engaged in corrupt, fraudulent, collusive or coercive practices incompeting for, or in executing, a TTDC-financed contract

8.12 Commissions and Fees: TTDC will require the successful Applicant to disclose anycommissions or fees that may have been paid or are to be paid to agents,representatives, or commission agents with respect to the Public Procurementprocess or execution of the Contract. The information disclosed must include atleast the name and address of the agent, representative, or commission agent, theamount and currency, and the purpose of the commission or fee.

8.13 Performance Security: The Contractor shall, for the performance of its obligationshereunder during the Contract, provide to the TTDC no later than 21 (Twenty One)days from the date of the issue of Notice of Award, irrevocable and unconditionalguarantees the “Performance Security” from a Nationalized Bank. The totalperformance security is calculated @ 5% (five per cent) of the amount specified inthe definition of Total Project Cost and is to be submitted separately for each of thetemples. The Performance Security submitted, will be returned to the Contractorwithout any interest after handover and the issuance of certificate of completion.

8.14 Commencement, completion, modification and termination of contract

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8.14.1 Effectiveness of Contract: This Contract shall come into force and effect on thedate (the “Effective Date”) of the TTDC’s notice to the Contractor instructing theContractor to Conceptualizing, Designing, Supplying, Installing, Testing andCommissioning of Façade Illumination of 9 temples of Kancheepuram, TamilNadu. This notice shall confirm that the effectiveness conditions, if any, listed inthe SC have been met.

8.14.2 Termination of Contract for Failure to Become Effective: If this Contract has notbecome effective within such time period after the date of the Contract signed bythe Parties as specified in the SC, either Party may, by not less than twenty one(21) days written notice to the other Party, declare this Contract to be null andvoid, and in the event of such a declaration by either Party, neither Party shallhave any claim against the other Party with respect hereto.

8.15 Commencement of Works: The Contractor shall begin undertaking the work as notlater than the 15 days after signing of the contract.

8.16 Expiration of Contract: Unless terminated earlier pursuant to Clause 8.2.2, thisContract shall expire at the end of such time period after the Effective Date asspecified in the SC.

8.17 Entire Agreement: This Contract contains all covenants, stipulations and provisionsagreed by the Parties. No agent or representative of either Party has authority tomake, and the Parties shall not be bound by or be liable for, any statement,representation, promise or agreement not set forth herein.

8.18 Modifications or Variations: Any modification or variation of the terms andconditions of this Contract, including any modification or variation of the scope ofthe work, may only be made by written agreement between the Parties. Each Partyshall give due consideration to any proposals for modification or variation made bythe other Party. In cases of substantial modifications or variations, the prior writtenconsent of the TTDC is required.

8.19 Force Majeure

8.19.1 For the purposes of this Contract, “Force Majeure” means an event which isbeyond the reasonable control of a Party, is not foreseeable, is unavoidable, andwhich makes a Party’s performance of its obligations hereunder impossible or soimpractical as reasonably to be considered impossible in the circumstances, andincludes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion,storm, flood or other adverse weather conditions, strikes, lockouts or otherindustrial action (except where such strikes, lockouts or other industrial action arewithin the power of the Party invoking Force Majeure to prevent), confiscation orany other action by Government agencies.

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8.19.2 Force Majeure shall not include (i) any event which is caused by the negligence orintentional action of Contractor or such Sub-Contractors or agents or employees,nor (ii) any event which a diligent Contractor could reasonably have beenexpected both to take into account at the time of the conclusion of this Contract,and avoid or overcome in the carrying out of its.

8.19.3 The failure of Contractor to fulfill any of its obligations hereunder shall not beconsidered to be a breach of, or default under, this Contract in so far as suchinability arises from an event of Force Majeure, provided that the Contractoraffected by such an event has taken all reasonable precautions, due care andreasonable alternative measures, all with the objective of carrying out the termsand conditions of this Contract.

8.19.4 Measures to be taken

8.19.4.1Contractor affected by an event of Force Majeure shall continue to perform itsobligations under the Contract as far as is reasonably practical, and shall take allreasonable measures to minimize the consequences of any event of ForceMajeure.

8.19.4.2Contractor affected by an event of Force Majeure shall notify the TTDC of suchevent as soon as possible, and in any case not later than fourteen (21) daysfollowing the occurrence of such event, providing evidence of the nature andcause of such event, and shall similarly give written notice of the restoration ofnormal conditions as soon as possible.

8.19.4.3Any period within which Contractor shall, pursuant to this Contract, completeany action or task, shall be extended for a period equal to the time during whichsuch Contractor was unable to perform such action as a result of Force Majeure.

8.19.4.4During the period of their inability to perform the works as a result of an event ofForce Majeure, the Contractor, upon instructions by the TTDC, shall either:demobilize, in which case the Contractor shall be reimbursed for additional coststhey reasonably and necessarily incurred, and, if required by the TTDC, inreactivating the works; or

8.19.4.5Continue with the works to the extent possible, in which case the Contractor shallcontinue to be paid under the terms of this Contract and be reimbursed foradditional costs reasonably and necessarily incurred.

8.19.5 In the case of disagreement between the Parties as to the existence or extent ofForce Majeure, the matter shall be settled according to Clause GC 8.47.3.

8.20 Suspension

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8.20.1 The TTDC may, by written notice of suspension to the Contractor, suspend allpayments to the Contractor hereunder if the Contractor fails to perform any of itsobligations under this Contract, including the carrying out of the scope of work,provided that such notice of suspension (i) shall specify the nature of the failure,and (ii) shall request the Contractor to remedy such failure within a period notexceeding thirty (30) days after receipt by the Contractor of such notice ofsuspension.

8.20.2 Termination by the TTDC: The TTDC may terminate this Contract in case of theoccurrence of any of the events specified in paragraphs of this Clause. In such anoccurrence the TTDC shall give a not less than thirty (30) days’ written notice oftermination to the Contractor s, and sixty (60) days’ in case of the event of ForceMajeure

8.20.2.1If the Contractor fails to remedy a failure in the performance of its obligationshereunder, as specified in a notice of suspension pursuant to Clause 8.2.1hereinabove, within thirty (30) days of receipt of such notice of suspension orwithin such further period as the TTDC may have subsequently approved inwriting.

8.20.2.2If the Contractor becomes (or, if the Contractor consists of more than one entity,if any of its Members becomes) insolvent or bankrupt or enter into anyagreements with their creditors for relief of debt or take advantage of any law forthe benefit of debtors or go into liquidation or receivership whether compulsoryor voluntary.

8.20.2.3If the Contractor fails to comply with any final decision reached as a result ofarbitration proceedings.

8.20.2.4If the Contractor, in the judgment of the TTDC, has engaged in corrupt orfraudulent practices in competing for or in executing this Contract.

8.20.2.5If the Contractor submits to the TTDC a false statement which has a materialeffect on the rights, obligations or interests of the TTDC.

8.20.2.6If, as the result of Force Majeure, the Contractor is unable to perform a materialportion of the works for a period of not less than sixty (60) days.

8.20.2.7If the TTDC, in its sole discretion and for any reason whatsoever, decides toterminate this Contract

8.20.2.8Termination: By the Contractor

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8.20.2.9The Contractor may terminate this Contract, by not less than thirty (30) days’written notice to the TTDC, such notice to be given after the occurrence of any ofthe events specified in paragraphs of this clause.

8.20.2.10 If the TTDC fails to pay any money due to the Contractor pursuant to thisContract and not subject to dispute within thirty (30) days after receiving writtennotice from the Contractor that such payment is overdue.

8.20.2.11 If, as the result of Force Majeure, the Contractor is unable to perform amaterial portion of the works for a period of not less than sixty (60) days.

8.20.2.12 If the TTDC fails to comply with any final decision reached as a result ofarbitration.

8.20.2.13 If the TTDC is in material breach of its obligations pursuant to thisContract and has not remedied the same within forty-five (45) days (or suchlonger period as the Contractor may have subsequently approved in writing)following the receipt by the TTDC of the Contractor’s notice specifying suchbreach.

8.21 Cessation of Rights and Obligations: Upon termination of this Contract pursuant toClauses 8.20.2 hereof, or upon expiration of this Contract hereof, all rights andobligations of the Parties hereunder shall cease, except (i) such rights andobligations as may have accrued on the date of termination or expiration, (ii) theobligation of confidentiality set forth in Clause 8.29 hereof, (iii) the Contractor’sobligation to permit inspection, copying and auditing of their accounts and records,and(iv) any right which a Contractor may have under the Applicable Law of theGovernment of Tamil Nadu

8.22 Cessation of Works: Upon termination of this Contract by notice of either Party tothe other, the Party shall, immediately upon dispatch or receipt of such notice, takeall necessary steps to bring the Works to a close in a prompt and orderly mannerand shall make every reasonable effort to keep expenditures for this purpose to aminimum. With respect to documents prepared by the Contractor and equipmentand materials furnished by the TTDC, the Contractor shall proceed as provided.

8.23 Payment upon Termination

8.23.1 Upon termination of this Contract pursuant to hereof, the TTDC shall make thefollowing payments to the Contractor:

8.23.1.1remuneration for works satisfactorily performed prior to the effective date oftermination, and reimbursable expenditures for expenditures actually incurredprior to the effective date of termination; and

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8.23.1.2Except in the case of termination pursuant to paragraphs 8.20.2.1 through8.20.2.7 hereof, reimbursement reasonable cost incidental to the prompt andtermination of this Contract including the cost of the travel of the Personnel andtheir eligible dependents.

8.24 Obligations of Contractor

8.24.1 Standard of Performance

8.24.1.1The Contractor shall undertake the Scope of Work and carry out their obligationshereunder with all due diligence, efficiency and economy, in accordance withgenerally accepted professional standards and practices, and shall observe soundmanagement practices, and employ appropriate technology and safe and effectiveequipment, machinery, materials and methods. The Contractor shall always act,in respect of any matter relating to this Contract or to the works, as faithfuladviser to the TTDC, and shall at all times support and safeguard the TTDC’slegitimate interests in any dealings with Contractors, Sub-Contractors or ThirdParties.

8.24.1.2The Contractor shall, in accordance with the Contract, with due care anddiligence, design, manufacture, deliver to Site, erect, test and commission thePlant and carry out the Works within the Time for Completion. The Contractorshall also provide all necessary Contractors’ Equipment, superintendence, laborand, except as stated in Special Conditions, all necessary facilities therefore.

8.24.2 Setting Out

8.24.2.1The Contractor shall set out the Works in relation to original points, lines andlevels of reference given by the Employer in writing and provide all necessaryinstruments, appliances and labor for such purposes.

8.24.2.2If, at any time during the execution of the Works, any error appears in thepositions, levels, dimensions or alignment of the Work, the Contractor shallrectify the error. The Contractor shall bear the cost of rectifying the error.

8.25 Law Governing Works: The Contractor shall perform the works in accordance withthe Applicable Law and shall take all practicable steps to ensure that any Sub-Contractors, as well as the Personnel of the Contractor and any Sub-Contractors,comply with the Applicable Law. The TTDC shall notify the Contractor in writingof relevant local customs, and the Contractor shall, after such notification, respectsuch customs.

8.26 Conflict of Interests: The Contractor shall hold the TTDC’s interests paramount,without any consideration for future work, and strictly avoid conflict with otherassignments or their own corporate interests.

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8.26.1 The payment of the Contractor hereof shall constitute the Contractor’s onlypayment in connection with this Contract and, the Contractor shall not accept forits own benefit any trade commission, discount or similar payment in connectionwith activities pursuant to this Contract or in the discharge of its obligationshereunder, and the Contractor shall use its best efforts to ensure that any Sub-Contractors, as well as the Personnel and agents of either of them, similarly shallnot receive any such additional payment.

8.26.2 Furthermore, if the Contractor, as part of the Scope of Work, has the responsibilityof advising the TTDC on the procurement of goods, works, the Contractor shallcomply with the TTDC’s applicable procurement guidelines, and shall at all timesexercise such responsibility in the best interest of the TTDC. Any discounts orcommissions obtained by the Contractor in the exercise of such procurementresponsibility shall be for the account of the TTDC.

8.27 Contractor and affiliates not to be otherwise interested in Project: The Contractoragrees that, during the term of this Contract and after its termination, the Contractorand any entity affiliated with the Contractor as well as any Sub-Contractors and anyentity affiliated with such Sub-Contractors, shall be disqualified from providinggoods, works or services resulting from or directly related to the Contractor’s worksfor the preparation or Installation, Commissioning of the Project.

8.28 Prohibition of conflicting activities: The Contractor shall not engage, and shallcause their Personnel as well as their Sub-Contractors and their Personnel not toengage, either directly or indirectly, in any business or professional activities whichwould conflict with the activities assigned to them under this Contract.

8.29 Confidentiality: Except with the prior written consent of the TTDC, the Contractorand the Personnel shall not at any time communicate to any person or entity anyconfidential information acquired in the course of the works, nor shall theContractor and the Personnel make public the recommendations formulated in thecourse of, or as a result of, the works.

8.30 Liability of the Contractor: Subject to additional provisions, if any, set forth in theSC, the entire and collective liability of the selected Contractor arising out of, orrelating to this agreement will be to the extent of the agreed final total Fee as quotedby the Contractor.

8.31 Insurance to be taken out by the Contractor: The Contractor (i) shall take out andmaintain, and shall cause any Sub-Contractors to take out and maintain, at their (orthe Sub- Contractors’, as the case may be) own cost but on terms and conditionsapproved by the TTDC, insurance against the risks, and for the coverages specifiedin the SC, and (ii) at the TTDC’s request, shall provide evidence to the TTDC

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showing that such insurance has been taken out and maintained and that the currentpremiums therefore have been paid.

8.32 Contractor’s Actions Requiring TTDC’s Prior Approval: The Contractor shallobtain the TTDC’s prior approval in writing before taking any of the followingactions:

8.32.1 Any change or addition to the Personnel listed as key professionals under theTerms of Reference.

8.32.2 Subcontracts: TTDC will not permit sub-contracting of any part of the assignmentas per the Terms of Reference. In special circumstances that may require theContractor to subcontract work to an extent and with such experts and entities,TTDC may at its sole discretion consider such subcontracting. The Contractorshall have to obtain TTDC’s prior approval for such subcontracting.Notwithstanding such approval, the Contractor shall retain full responsibility forthe works. In the event that any Sub-Contractors are found by the TTDC to beincompetent or incapable in discharging assigned duties, the TTDC may requestthe Contractor to provide a replacement, with qualifications and experienceacceptable to the TTDC, or to resume the performance of the works itself.

8.32.3 Any other action that may be specified in the SC.

8.33 Reporting obligations: The Contractor shall submit to the TTDC the reports anddocuments specified in the Terms of Reference, in the form, in the numbers andwithin the time periods set forth in the said Terms of Reference. Final reports shallbe delivered in CD ROM in addition to the hard copies specified in said Terms ofReference.

8.34 Documents prepared by the Contractor to be the property of the TTDC: All thedrawings, specifications and documents as instruments of assignment are theproperty of the TTDC whether the project for which they are made are executed ornot. The Contractor shall be deemed the author of these documents.

8.35 Equipment, vehicles and materials furnished by the TTDC: Equipment andmaterials made available to the Contractor by the TTDC, or purchased by theContractor wholly or partly with funds provided by the TTDC, shall be the propertyof the TTDC and shall be marked accordingly. Upon termination or expiration ofthis Contract, the Contractor shall make available to the TTDCan inventory of suchequipment and materials and shall dispose of such equipment and materials inaccordance with the TTDC’s instructions. While in possession of such equipmentand materials, the Contractor, unless otherwise instructed by the TTDC in writing,shall insure them at the expense of the TTDC in an amount equal to their fullreplacement value.

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8.36 Equipment and materials provided by the Contractors: Equipment or materialsbrought by the Contractor and the Personnel and used either for the Project orpersonal use shall remain the property of the Contractor or the Personnel concerned,as applicable.

8.37 Contractor Personnel and Sub Contractors: The Contractor shall employ andprovide such qualified and experienced Personnel and Sub-Contractors as arerequired to carry out the works.

8.37.1 Description of Personnel: The title, agreed job description, minimum qualificationand estimated period of engagement in the carrying out of the Works of each ofthe Contractor’s Key Personnel are described in Terms of Reference. If any of theKey Personnel has already been approved by the TTDC, his/her name is listed aswell.

8.37.2 The Key Personnel and Sub-Contractors listed by title as well as by name inTerms of Reference and the Technical Proposal made by the Contractor andaccepted by TTDC, are hereby approved by the TTDC. In respect of otherPersonnel which the Contractor proposes to use in the carrying out of the works,the Contractor shall submit to the TTDC for review and approval a copy of theirCurriculum Vitae (CVs). If the TTDC does not object in writing (stating thereasons for the objection) within twenty-one (21) days from the date of receipt ofsuch CVs, such Personnel shall be deemed to have been approved by the TTDC.

8.38 Working hours, overtime, leave, etc.

8.38.1 The Contractor and his professional staff at the project site shall work as per thework schedule agreed with the TTDC and shall provide their services on all daysexcept weekends and public holidays.

8.38.2 The Key Personnel shall not be entitled to be paid for overtime and theContractor’s remuneration shall be deemed to cover these items. All statutoryleave provided to contractor’s personnel shall ensure that absence for leavepurposes will not delay the progress and adequate supervision of the Works.

8.39 Removal and/or Replacement of Personnel

8.39.1 Except as the TTDC may otherwise agree, no changes shall be made in the KeyPersonnel. If, for any reason beyond the reasonable control of the Contractor, suchas retirement, death, medical incapacity, among others, it becomes necessary toreplace any of the Key Personnel, the Contractor shall provide as a replacement ofa person of equivalent or better qualifications.

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8.39.2 If the TTDC finds that any of the Personnel have (i) committed seriousmisconduct or have been charged with having committed a criminal action, or (ii)have reasonable cause to be dissatisfied with the performance of any of thePersonnel, then the Contractor shall, at the TTDC’s written request specifying thegrounds thereof, provide as a replacement a person with qualifications andexperience acceptable to the TTDC.

8.39.3 Any of the Personnel provided as a replacement as well as any reimbursableexpenditure (including expenditures due to the number of eligible dependents) theContractor may wish to claim as a result of such replacement, shall be subject tothe prior written approval by the TTDC. The rate of remuneration applicable to areplacement person will be obtained by multiplying the rate of remunerationapplicable to the replaced person by the ratio between the monthly salary to beeffectively paid to the replacement person and the average salary effectively paidto the replaced person in the period of six months prior to the date of replacement.Except as the TTDC may otherwise agree, (i) the Contractor shall bear alladditional travel and other costs arising out of or incidental to any removal and/orreplacement, and (ii) the remuneration to be paid for any of the Personnel providedas a replacement shall not exceed the remuneration which would have beenpayable to the Personnel replaced.

8.40 Resident Project Manager: The Contractor shall ensure that at all times during theContractor‘s performance of the Works for the assignment under this Contract, aresident project manager, who has been identified as the Project Manager as per theTerms of Reference, acceptable to the TTDC, shall take charge of the performanceof such Works.

8.41 Obligation of the TTDC

8.41.1 Assistance and exemptions: TTDC shall assist the Contractor and his staff forgetting necessary statutory permissions, approvals as may be required under thelaw for their stay at the project site and for undertaking the Scope of Work as perthe Terms of the Reference.

8.41.2 Access to Site: The TTDC warrants that the Contractor shall have, free of chargeunimpeded access to all land at the Project site in respect of which access isrequired for the performance of the Works. The TTDC will be responsible for anydamage to such land or any property thereon resulting from such access and willindemnify the Contractor and each of the Personnel in respect of liability for anysuch damage, unless such damage is caused by the default or negligence of theContractor or any Sub-Contractors or the Personnel of either of them.

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8.41.3 Change in the Applicable Law related to taxes and duties: If, after the date of thisContract, there is any change in the Applicable Law with respect to taxes andduties which increases or decreases the cost incurred by the Contractor inperforming the Works, then the remuneration and reimbursable expensesotherwise payable to the Contractor under this Contract shall be increased ordecreased accordingly by agreement between the Parties hereto, andcorresponding adjustments shall be made to the ceiling amounts.

8.41.4 Services, facilities and property of the TTDC

8.41.4.1The TTDC shall make available to the Contractor and the Personnel, for thepurposes of the works and free of any charge, the services, facilities and propertydescribed in the Terms of Reference and the Data Sheet.

8.41.4.2In case that such services, facilities and property shall not be made available tothe Contractor as and when specified in Terms of Reference and the Data Sheet,the Parties shall agree on (i) any time extension that it may be appropriate togrant to the Contractor for the performance of the Works, (ii) the manner inwhich the Contractor shall procure any such services, facilities and property fromother sources, and (iii) the additional payments, if any, to be made to theContractor.

8.42 Payment: In consideration of the Works performed by the Contractor under thisContract, the TTDC shall make to the Contractor such payments and in suchmanner as is provided by this Contract.

8.43 Counterpart Personnel

8.43.1 The TTDC shall make available to the Contractor free of charge such professionaland support counterpart personnel, to be nominated by the TTDC with theContractor’s advice, if specified in Terms of Reference and the Data Sheet.

8.43.2 If counterpart personnel are not provided by the TTDC to the Contractor as andwhen specified in Terms of Reference and the Data Sheet, the TTDC and theContractor shall agree on (i) how the affected part of the Works shall be carriedout, and (ii) the additional payments, if any, to be made by the TTDC to theContractor as a result thereof.

8.43.3 Professional and support counterpart personnel, excluding TTDC’s liaisonpersonnel, shall work under the exclusive direction of the Contractor. If anymember of the counterpart personnel fails to perform adequately any workassigned to such member by the Contractor that is consistent with the positionoccupied by such member, the Contractor may request the replacement of suchmember, and the TTDC shall not unreasonably refuse to act upon such request.

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8.44 Payment to the Contractor

8.44.1 Cost estimates; Ceiling amount

8.44.1.1The Contractor shall be paid a total fee as quoted under the Financial Proposaland accepted by the TTDC. Such payment will be only in Indian Rupees. Thetotal price will be for the entire scope of Works to be provided by the Contractoras per Terms of Reference.

8.44.1.2Except as may be otherwise agreed, payments under this Contract shall notexceed the total price quoted by the Contractor and accepted by the TTDC.

8.44.1.3If the Parties shall agree that additional payments in local and/or foreigncurrency, as the case may be, shall be made to the Contractor in order to coverany necessary additional expenditures not envisaged as per the Terms ofReference and the Data Sheet and the lump sum price above, the ceiling orceilings, as the case may be, shall be increased by the amount or amounts, as thecase may be, of any such additional payments. Such increase shall be agreedmutually.

8.45 Currency of Payment: All payments will be made in Indian Rupees

8.46 Billing and Payment

8.46.1 Within the number of days after the Effective Date specified in the SC, the TTDCshall cause to be paid to the Contractor advance payments in Indian currency asspecified in the SC. When the SC indicate advance payment, this will be due afterprovision by the Contractor to the TTDC of an advance payment guaranteeacceptable to the TTDC in an amount (or amounts) and in a currency (orcurrencies) specified in the SC. Such guarantee (i) to remain effective until thecompletion of work at each of the sites, and (ii) to be in the form as may beprescribed by the TTDC.

8.46.2 As soon as practicable and not later than fifteen (15) days after the end of eachcalendar month during the period of the Works, or after the end of each timeintervals otherwise indicated in the SC, the Contractor shall submit to the TTDC,in duplicate, itemized statements, accompanied by copies of invoices, vouchersand other appropriate supporting materials, of the amounts payable for suchmonth, or any other period indicated in the SC.

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8.46.3 The TTDC shall pay the Contractor’s statements within thirty (21) days after thereceipt by the TTDC of such statements with supporting documents. Only suchportion of a statement that is not satisfactorily supported may be withheld frompayment. Should any discrepancy be found to exist between actual payment andcosts authorized to be incurred by the Contractor, the TTDC may add or subtractthe difference from any subsequent payments. Interest at the annual rate of StateBank of India Prime Lending Rate shall become payable by TTDC as from theabove due date on any amount due by, but not paid on, such due date.

8.46.4 The final payment under this Clause shall be made only after the final report and afinal statement, identified as such, shall have been submitted by the Contractor andapproved as satisfactory by the TTDC. The Works shall be deemed completed andfinally accepted by the TTDC and the final report and final statement shall bedeemed approved by the TTDC as satisfactory within ninety (30) calendar daysafter receipt of the final report and final statement by the TTDC unless the TTDC,within such ninety (30) day period, gives written notice to the Contractorspecifying in detail deficiencies in the Works, the final report or final statement.The Contractor shall thereupon promptly make any necessary corrections, andthereafter the foregoing process shall be repeated. Any amount, which the TTDChas paid or caused to be paid in accordance with this Clause in excess of theamounts actually payable in accordance with the provisions of this Contract, shallbe reimbursed by the Contractor to the TTDC within thirty (30) days after receiptby the Contractor of notice thereof. Any such claim by the TTDC forreimbursement must be made within twelve (12) calendar months after receipt bythe TTDC of a final reports and a final statement approved by the TTDC inaccordance with the above.

8.46.5 All payments under this Contract shall be made to the accounts of the Contractorspecified in the SC.

8.46.6 With the exception of the final payment, payments do not constitute acceptance ofthe Works nor relieve the Contractor of any obligations hereunder.

8.47 Fairness and Good Faith

8.47.1 Good faith: The Parties undertake to act in good faith with respect to each other’srights under this Contract and to adopt all reasonable measures to ensure therealization of the objectives of this Contract.

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8.47.2 Operation of the Contract : The Parties recognize that it is impractical in thisContract to provide for every contingency which may arise during the life of theContract, and the Parties hereby agree that it is their intention that this Contractshall operate fairly as between them, and without detriment to the interest of eitherof them, and that, if during the term of this Contract either Party believes that thisContract is operating unfairly, they will use their best efforts to agree on suchaction as may be necessary to remove the cause or causes of such unfairness, butno failure to agree on any action pursuant to this Clause shall give rise to a disputesubject to arbitration.

8.47.3 Settlement of Disputes

8.47.3.1Amicable Settlement: If either Party objects to any action or inaction of the otherParty, the objecting Party may file a written Notice of Dispute to the other Partyproviding in detail the basis of the dispute. The Party receiving the Notice ofDispute will consider it and respond in writing within 14 days of receipt. If thatParty fails to respond within 14 days, or the dispute cannot be amicably settledwithin 14 days following the response of that Party, below clause shall apply.

8.47.3.2Dispute Resolution: Any dispute between the Parties as to matters arisingpursuant to this Contract that cannot be settled amicably may be submitted byeither Party for settlement in accordance with the provisions specified in the SC.

8.48 Extension of Time for Completion: The Contractor may claim an extension of theTime for Completion if he is or will be delayed in completing the Works by any ofthe following causes:

8.48.1 Extra or additional work ordered.

8.48.2 The failure of the TTDC to fulfill any of his obligations under the Contract,

8.48.3 Delay by any other contractor engaged by the TTDC,

8.48.4 Force Majeure.

8.48.5 The Contractor shall not be entitled to claim any extra cost if extension of time isgiven beyond the above reasons.

8.49 Delay in Completion: If the Contractor fails to complete the Works within the timefor completion by the contractor, the liquidated damages shall be effected asdetailed in special conditions. The TTDC shall within a reasonable time give theContractor notice of his intentions for effecting the liquidated damages.

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8.50 Taking Over: The Works shall be taken over by the TTDC when they have beencompleted in accordance with the Contract and Taking-Over Certificate/ operationalacceptance of facilities has been issued or deemed to have been issued.

8.50.1 Taking-Over Certificate: The Contractor may apply by notice to the TTDC ofTaking Over Certificate/ Operational acceptance of facilities not earlier than 14days before the Works will in the Contractor’s opinion be complete and ready fortaking over. The TTDC shall within 28 days after the receipt of the Contractor’sapplication either:

8.50.1.1issue the Taking-Over Certificate/ Operational acceptance of facilities to theContractor stating the date on which the Works were complete and ready fortaking over, or

8.50.1.2reject the application giving his reasons and specifying the work required to bedone by the Contractor to enable the Taking-Over Certificate to be issued.

8.50.1.3If the TTDC fails either to issue the Taking-Over Certificate / Operationalacceptance of facilities or to reject the Contractor’s application within the periodof 28days TTDC shall be deemed to have issued the Taking-Over Certificate /Operational acceptance of facilities on the last day of that period.

8.51 Defects after Taking Over

8.51.1 Defects Liability Period: Where any part of the Works is taken over separatelyfrom the Works the Defects Liability Period for that part shall commence on thedate it was taken over.

8.51.2 Making Good: The Contractor shall be responsible for making good any defect inDefects or damage to any part of the Works which may appear or occur during theDefects Liability Period and which arises from, either any defective materials,workmanship or design, or any act or omission of the Contractor during theDefects Liability Period.

8.51.3 The Contractor shall make good the defect or damage as soon as practicable and athis own cost.

8.51.4 Notice of Defects: If any such defect appears or damage occurs, TTDC shallforthwith notify the Contract thereof.

8.51.4.1Failure to Remedy Defects: If the Contractor fails to remedy a defect or damagewithin a reasonable time, the Employer may carry out the work himself or byothers at the Contractor’s risk and cost.

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8.51.4.2Defects Liability Certificate: When the Defects Liability Period for the Workshas expired and the Contractor has fulfilled all his obligations under theCertificate Contract for defects in the Works the TTDC shall issue within 28days to the Contractor a Defects Liability Certificate to that effect.

8.52 Operation and Maintenance: Before the Works are taken over Contractor shallsupply operation and maintenance manuals with drawings of the Works as built.These shall be in such detail will enable the TTDC to operate, maintain, adjust andrepair all parts of the Works. The manuals and drawings shall be in the rulinglanguage, and in such form and three numbers as stated in the Contract. Unlessotherwise agreed, the Works shall not be considered to be completed for thepurposes of taking over until such manuals and drawings have been supplied toTTDC.

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9 SECTION – 9: SUBMISSION DOCUMENT FORMATS

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Form TECH – 1: Technical Proposal Application

The Chairman & Managing DirectorTamil Nadu Tourism Development CorporationTourism Complex, No.2 Wallajah Road,Triplicane, Chennai-600 002

Sub: Selection of Contractor for Conceptualizing, Designing, Supplying, Installing,Testing and Commissioning of Façade Illumination of Temples of Kancheepuramincluding Ekambareswarar temple, Jvarsheshvarer temple, Kailasanathartemple, Kamatchi Amman temple, Katchabeshwarer temple, Kumarakottamtemple, Ulagalantha Perumal temple, Vaigunda Perumal temple andVaratharaja Perumal temple.

Dear Sir,

With reference to your Request for Proposal dated ______________, I/we, havingexamined all relevant documents and understood their contents, hereby submits ourTechnical and Financial Proposal for Selection of Contractor for Conceptualizing,Designing, Supplying, Installing, Testing and Commissioning of Façade Illuminationof Temples of Kancheepuram including Ekambareswarar temple, Jvarsheshvarertemple, Kailasanathar temple, Kamatchi Amman temple, Katchabeshwarertemple, Kumarakottam temple, Ulagalantha Perumal temple, VaigundaPerumal temple and Varatharaja Perumal temple.

1. We state that our proposal is unconditional and unqualified.

2. All information provided in the Proposal and in the Appendices is true andcorrect and all documents accompanying such Proposal are true copies of theirrespective originals. This statement is made for the express purpose ofappointment as the Contractor for the aforesaid Assignment.

3. I/We shall make available to the TTDC any additional information it may deemnecessary or require for supplementing or authenticating the Proposal.

4. I/We acknowledge the right of the TTDC to reject our application withoutassigning any reason or other wise and here by waive our right to challenge thesame on any account whatsoever.

5. I/We certify that in the last three years, we or any of our Associates have neitherfailed to perform on any contract, as evidenced by imposition of a penalty by anarbitral or judicial authority or a judicial pronouncement or arbitration award

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against the Applicant nor been expelled from any project or contract by anypublic authority nor have had any contract terminated by any public authorityfor breach on our part.

6. I/We declare that:

a. I/We have examined and have no reservations to the RFP Documents, includingany Addendum issued by TTDC

b. I/We do not have any conflict of interest in accordance with the prescriptions inthe RFP Document;

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

d. I/We hereby certify that we have taken steps to ensure that in conformity withthe provisions of the RFP, no person acting for us or on our behalf will engagein any corrupt practice, fraudulent practice, coercive practice, undesirablepractice or restrictive practice.

7. I/We understand that you may cancel the Public Procurement Process at any timeand that you are neither bound to accept any Proposal that you may receive nor toselect the Contractor, without incurring any liability to the Applicant inaccordance with the RFP document.

8. I/We certify that in regard to matters other than security and integrity of thecountry, we or any of our Associates have not been convicted by a Court of Lawor indicted or adverse orders passed by a regulatory TTDC which would cast adoubt on our ability to undertake the Assignment or which relates to a graveoffence that outrages the moral sense of the community.

9. I/We further certify that in regard to matters relating to security and integrity ofthe country, we have not been charge-sheeted by any agency of the Governmentor convicted by a Court of Law for any offence committed by us or by any of ourAssociates

10. I/We further certify that no investigation by a regulatory authority is pendingeither against us or against our Associates or against our CEO or any of ourDirectors/Managers/employees.

11. I/We hereby irrevocably waive any right or remedy which we may have at anystage at law or howsoever otherwise arising to challenge or question any decision

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taken by the TTDC and/ or the Government of Tamil Nadu in connection withthe selection of Contractor or in connection with the Public Procurement Processitself in respect of the above mentioned Project.

12. I/We agree and understand that the proposal is subject to the provisions of theRFP document. In no case, shall I/we have any claim or right of whatsoevernature if the Assignment is not awarded to me/us or our proposal is not opened orrejected.

13. I/We agree to keep this offer valid for 180 (One Hundred Eighty Days) daysfrom the Proposal Due Date specified in the RFP.

14. A Power of Attorney in favour of the authorized signatory to sign and submit thisProposal and documents is attached herewith.

15. In the event of my/our firm/ consortium being selected as the Contractor, I/weagree to enter into an Agreement in accordance with the form which shall beprovided by Client. We agree not to seek any changes in the aforesaid form andagree to abide by the same.

16. I/We have studied RFP and all other documents carefully and also surveyed theProject site. We understand that except to the extent as expressly set forth in theRFP, we shall have no claim, right or title arising out of any documents orinformation provided to us by the TTDC or in respect of any matter arising out ofor concerning or relating to the Public Procurement Process including the awardof works.

17. The Financial Proposal is being submitted in a separate cover. This TechnicalProposal read with the Financial Proposal shall constitute the Application whichshall be binding on us.

18. I/We agree and undertake to abide by all the terms and conditions of the RFPDocument. In witness thereof, I/we submit this Proposal under and inaccordance with the terms of the RFP Document.

Yours Sincerely,

Authorized Signatory

Name and Title:

Name of the Firm:

Address:

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Form TECH – 2: Applicant’s Organization and Experience

A. Applicant’s Organization

a. Title of Project: Selection of Contractor for Conceptualizing, Designing,Supplying, Installing, Testing and Commissioning of Façade Illumination ofTemples of Kancheepuram including Ekambareswarar temple,Jvarsheshvarer temple, Kailasanathar temple, Kamatchi Amman temple,Katchabeshwarer temple, Kumarakottam temple, Ulagalantha Perumaltemple, Vaigunda Perumal temple and Varatharaja Perumal temple.

c. Name of Organization:

d. State the Status of the Applicant's Organization namely Public LimitedCompany/ Private Limited Company/ Partnership Firm/ Proprietary Firm,etc.:

e. State the following:

o Country of incorporation:o Registered address:o Year of Incorporation:o Year of commencement of business:o Principal place of business:o Brief description of the Company including details of its

mainlines of business:o Details of authorized signatory:

Name: Designation: Company: Address: Phone No.: E-mail address:

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B. Financials of the Applicant:

S.No.

Financial Year Annual Turn Over in Rs. Lakhs

1. 2015-16

2. 2014-15

3. 2013-14

Certificate from the Statutory Auditor

This is to certify that (name of the Applicant) has received the payments shownabove against the respective years on account of works related to lighting andillumination.

Name of the audit firm:

Seal of the audit firm:

Date:

(Signature, name and designation of the authorized signatory)

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C. Statement of Legal Capacity

Date:

The Chairman & Managing Director

Tamil Nadu Tourism Development Corporation

Tourism Complex, No.2 Wallajah Road

Triplicane, Chennai-600 002

Sub: Selection of Contractor for Conceptualizing, Designing, Supplying, Installing,Testing and Commissioning of Façade Illumination of Temples of Kancheepuramincluding Ekambareswarar temple, Jvarsheshvarer temple, Kailasanathar temple,Kamatchi Amman temple, Katchabeshwarer temple, Kumarakottam temple,Ulagalantha Perumal temple, Vaigunda Perumal temple and VaratharajaPerumal temple.

Dear Sir,

I/We hereby confirm that we, the applicant satisfy the terms and conditions laid downin the RFP document.

I/We hereby declare that M/s (insert applicant’s name) will act as Contractor byourselves and we will not associate with any other Applicant for the purpose of thesubject assignment except with prior approval of TTDC.

I/We have agreed that, (insert individual’s name) will act as our AuthorizedRepresentative on our behalf and has been duly authorized to submit our Proposal.Further, the authorized signatory is vested with requisite powers to furnish suchproposal and all other documents, information or communication and authenticate thesame.

Yours faithfully,

(Signature, name and designation of the authorized signatory)

For and on behalf of

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D.Applicant’s Experience in Eligible Projects:

S.No. Name of theProject

Name of theClient

Date ofaward of

assignment

Date ofcompletion

ofassignment

Estimatedcapital costof Project

(in Rs.Lakhs)

Description ofService providedby the Applicant

(1) (2) (3) (4) (5) (6) (7)12345678910

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Form TECH – 3: Comments and Suggestions of Terms of Reference

A. On the Terms of Reference

B. On Counterpart Staff and Facilities

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Form TECH – 4: Description of Approach, Methodology and Work Plan for Performingthe Assignment

A. Technical Approach and Methodology:

B. Work Plan:

C. Organization and Staffing:

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Form TECH – 5: Project Completion Schedule

No. Activity Weeks1 2 3 4 5 6 7 8 9 10 11 12 N*

* N refers to estimated duration of the Assignment

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Form TECH – 6: Key personnel and other full time workers with the Organization

List the key personnel you propose for the project along with the other full time workersin your organization.

Attach Curriculum Vitae (CVs) of the key personnel and full time staff duly signedindividually by each of them along with the undertaking for company charteredaccountant / auditor.

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Form TECH – 7: Format for Power of Attorney for Lead member of Consortium/ JV

POWER OF ATTORNEY

Whereas the TTDC (hereinafter referred to as “Client”), has invited Proposals frominterested parties for Selection of Contractor for Conceptualizing, Designing,Supplying, Installing, Testing and Commissioning of Façade Illumination of Templesof Kancheepuram including Ekambareswarar temple, Jvarsheshvarer temple,Kailasanathar temple, Kamatchi Amman temple, Katchabeshwarer temple,Kumarakottam temple, Ulagalantha Perumal temple, Vaigunda Perumal templeand Varatharaja Perumal temple., hereinafter referred to as “Project”

Whereas, the members of the Consortium are interested in bidding for the Project andimplementing the Project in accordance with the terms and conditions of the RFPDocument and other connected documents in respect of the Project, and

Whereas, it is necessary under the RFP Document for the members of the Consortiumto designate one of them as lead member with all necessary power and authority to dofor and on behalf of the Consortium, all acts, deeds and things as may be necessary inconnection with the Consortium’s RFP for the Project.

NOW THIS POWER OF ATTORNEY WITNESSETH THAT:

We, Name of Consortium Member 1, having a registered officeat___________________________________ and Name of Consortium Member 2having a registered office at___________________________________do here bydesignate ___________________________________ as the Lead Member of theConsortium, to do on behalf of the Consortium, all or any of the acts, deeds or thingsnecessary or incidental to the Consortium’s proposal for the Project, includingsubmission of application/ proposal, participating in conferences, responding toqueries, submission of information/ documents and generally to represent theConsortium in all its dealings with Client, any other Government Agency or anyperson, in connection with the Project until culmination of the process of bidding andthere after till the Contract Agreement is entered into with Client.

We hereby agree to ratify all acts, deeds and things lawfully done by Lead Memberour said attorney pursuant to this Power of Attorney and that all acts deeds and thingsdone by our aforesaid attorney shall and shall always be deemed to have been done byus/Consortium.

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Dated __________________

For Name of Consortium Member 1


Name and Title:

Name of the Firm:

Address:

For Name of Consortium Member 2


Name and Title:

Name of the Firm:

Address:

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Form TECH-8: Format for Power of Attorney for Authorized Signatory

Know all men by these presents, we Name of Consortium Member 1 having aregistered office at __________________________&Name of Consortium Member 2having a registered office at ______________________________do here by constitute,appoint and authorize _________________________ residing at_______________________________ who is presently employed with_______________________ and holding the position of __________________________ asour attorney, to do in our name and on our behalf, all such acts, deeds and thingsnecessary in connection with or incidental to our proposal for Selection of Contractorfor Conceptualizing, Designing, Supplying, Installing, Testing and Commissioning ofFaçade Illumination of Temples of Kancheepuram including Ekambareswarar temple,Jvarsheshvarer temple, Kailasanathar temple, Kamatchi Amman temple,Katchabeshwarer temple, Kumarakottam temple, Ulagalantha Perumal temple,Vaigunda Perumal temple and Varatharaja Perumal temple.

We hereby agree to ratify all acts, deeds and things lawfully done by or our saidattorney pursuant to this power of Attorney and that all acts deeds and things doneby our aforesaid attorney shall and shall always be deemed to have been done byus/Consortium.

Executant

Signature of Attorney(Name, Title and Address of the Attorney)

Attested:

Executed:

TAMIL NADU TOURISM DEVELOPMENT CORPORATION LTD Tender …€¦ · Tamil Nadu Tourism Development...

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