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Environmental Planning & Co-ordination Organization, Paryavaran Parisar, E-5 Arera Colony, Bhopal MP 462 016 RFP- Notice EPCO invites Proposal for renovation & up-gradation of “Jal Tarang” Bhoj Wetland Interpretation Center located at Bhopal. For details, please visit our website www.epco.in . Last date for submission of is RFP 20 th June 2014. Executive Director

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Page 1: Environmental Planning & Co-ordination Organization ... · 2 REQUEST FOR PROPOSAL (RFP): 1. General 1.1 Environmental Planning and Coordination Organization (EPCO) Bhopal, Madhya

Environmental Planning & Co-ordination Organization,

Paryavaran Parisar, E-5 Arera Colony,

Bhopal MP – 462 016

RFP- Notice

EPCO invites Proposal for renovation & up-gradation of “Jal Tarang” Bhoj Wetland

Interpretation Center located at Bhopal. For details, please visit our website

www.epco.in . Last date for submission of is RFP 20th June 2014.

Executive Director

Page 2: Environmental Planning & Co-ordination Organization ... · 2 REQUEST FOR PROPOSAL (RFP): 1. General 1.1 Environmental Planning and Coordination Organization (EPCO) Bhopal, Madhya

Request for Proposal (RFP) for

Engagement of Agency for

Renovation and Upgradation of “Jal Tarang”

Bhoj Wetland Interpretation Center, Bhopal

2014

Environmental Planning and Coordination Organization

Paryavaran Parisar, E-5 Sector, Arera Colony,

Bhopal – 462 016

Page 3: Environmental Planning & Co-ordination Organization ... · 2 REQUEST FOR PROPOSAL (RFP): 1. General 1.1 Environmental Planning and Coordination Organization (EPCO) Bhopal, Madhya

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Request for Proposal (RFP) for Engagement of

Agency for Renovation and Upgradation of “Jal Tarang”

Bhoj Wetland Interpretation

DISCLAIMER

This Request for Proposal (RFP) document is neither an agreement and nor is an offer to

the interested organizations. The purpose of this RFP document is to provide prospective

interested organizations information that may be useful to them in the formulation of their

proposal for selection pursuant to this RFP document.

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

document may not be complete, accurate, adequate or correct. Each interested organization

should, therefore, conduct its own investigations and analysis and should check the

accuracy, adequacy, correctness, reliability and completeness of the assumptions,

assessments, statements and information contained in this RFP document and obtain

independent advice from appropriate sources.

Information provided in this RFP document to the interested organizations is not intended to

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

complete or authoritative statement of law.

Environmental Planning and Coordination Organization (EPCO) or its employees or

representatives make no representation or warranty and shall have no liability to any

interested organization, under any law, statute, rules or regulations or tort, principles of

restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which

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

document

EPCO also accepts no liability of any nature whether resulting from negligence or otherwise

howsoever caused arising from reliance of any interested organization upon the statements

contained in this RFP document.

EPCO may, at its absolute discretion but without being under any obligation to do so,

update, amend or supplement the information, assessment or assumptions contained in this

RFP document.

The issue of this RFP document does not imply that EPCO is bound to select and to appoint

the interested organizations for work as envisaged in this RFP and EPCO reserves the right

to reject all or any of the offers without assigning any reason whatsoever.

The interested agencies/organizations shall bear all the costs associated with or relating to

the preparation and submission of their proposal including but not limited to preparation,

copying, postage, delivery fees, expenses associated with any demonstrations or

presentations which may be required by EPCO or any other cost incurred in connection with

or relating to its offer.

All such costs and expenses will be borne by the interested organizations and EPCO shall

not be liable in any manner, whatsoever, for the same or for any other costs or other

expenses incurred by any interested party in preparation and submission of the proposal,

regardless of the conduct or outcome of the selection process.

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REQUEST FOR PROPOSAL (RFP):

1. General

1.1 Environmental Planning and Coordination Organization (EPCO) Bhopal, Madhya

Pradesh, invites RFP up to 15.00 hrs. on 20th June 2014 (Offer Due Date) from

suitable interested organizations to select the experienced and Expert Agency

for developing and executing plan for Renovation and Up gradation of “Jal

Tarang” Bhoj Wetland Interpretation Center located at Boat Club (Upper Lake),

Van Vihar Road Bhopal with three years operation and maintenance contract

extendable up to six years on the same rate as quoted in the bid.

1.2 Cost of RFP document: The cost of the RFP document is Rs. 1,000/-, payable

by demand draft of any nationalized or scheduled commercial bank payable at

its local branch in favour of the Executive Director, EPCO Bhopal. The RFP

document is to be downloaded from website www.epco.in and demand draft

shall be enclosed in a separate sealed envelope and submitted along with the

technical proposal.

1.3 Earnest money: Rs. 1,00,000/- (Rupees one lakh) only payable by demand

draft / term deposit receipt of any nationalized or scheduled commercial bank

payable at its local branch in favour of ED EPCO Bhopal.

1.4 Technical proposal shall be opened on 20th June 2014 at 16.00 hrs. Other

details may be viewed in the RFP document on EPCO’s website www.epco.in

2. Scope of Work

2.1 Scope of Work, duties and obligation of the selected agency/organizations/

firms, obligations of Environmental Planning and Coordination Organization Bhopal

(hereinafter called ‘EPCO’), penal actions for breach of conditions of RFP etc. have

been given in the Terms of Reference (TOR) section of this document .

3. Eligibility for Interested agency/organizations:

The interested party may be a registered Society/ Trust/ Foundation/ Firm/

Company, with standing of at least 10 years on the due date of RFP. The interested

party should in the last 5(Five) years have neither failed to perform any contract as

evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial

pronouncement or arbitration award against the organization, nor has been expelled

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

terminated by any public entity for breach of contract. An undertaking in this regard is

to be attached with Technical Proposal.

The interested organizations should fulfil following conditions

3.1 The interested party shall have a minimum average annual turnover of Rs.

1,00,00,000/- (Rupees One crore) for each of the last three financial year (2012-13,

2011-12, 2010-11). Audited reports in these regard shall be enclosed.

3.2 Experience: Have at least five years of work experience of development of

interpretation /Information centre on issues related to environment/ wetland for

reputed institutions/organizations and should have experience of development &

installation of hardware & software’s’ for exhibits and its operation & maintenance,

preparation of IEC materials for environmental /wetland conservation awareness.

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3.3 Have developed at least two Interpretation/ Information center in the area of

awareness on environment/ wetland conservation or climate change in last five

years.

3.4 Experience of developing / installing software of digital display materials.

Experience of installation of exhibits i.e. models/ display boards/ touch screen/

LEDs/ 3D video games/ overhead projector/ latest hardware & software/ thematic

animation.

3.5 Experience of developing information, education and communication (IEC) material

and other souvenir items.

3.6 Professional Staff: Interested organisation/ firm should have a team of at least 20full

time professionals (excluding support staff) on their pay roll having proven

experience of working in the scientific and policy planning & analysis issues of

natural resources management, energy, environment and climate change.

Note- Any entity, which has been barred from participating in any project by the

Central/State Government or by any entity controlled by it and if the bar subsists as on the

due date of RFP, would not be eligible to submit RFP.

4. Description of selection process:

The selection of participating organization will be on the parameters elaborated in

section 3 above. Technical and financial capability of all the interested parties, who

submit their proposal in accordance with the provisions of this RFP document, will be

assessed. EPCO, after the evaluation of technical proposal would prepare a list of

shortlisted organizations which scores 60 or more points shall be treated as eligible

for the assignment. Eligible organizations that scores 60 or more points will be

invited for opening and presentation of the concept plan which shall be submitted

along with bid in separate envelop as mentioned in point 17 of RFP. EPCO will not

entertain any query or clarification from participating organization who fail to qualify.

A four-stage procedure will be adopted in evaluating the bids for short listing and

selection of firms;

4.1 Short listing on the parameters of eligibility criteria

4.2 Evaluation of Technical bid of eligible firms on the basis of evaluation criteria

mentioned in para 19 of RFP document

4.3 Opening and presentation of Concept plan will be carried out of only Technical

eligible firms (Prior to opening of financial bid Technical eligible firms will be called

for opening and presentation of concept plan, date and time for opening and

presentation of concept plan will be intimated to technical eligible firms by EPCO, at

least 7 days prior to opening)

4.4 Opening of Financial bid – Financial bid of those firms will be opened whose concept

plan is approved by committee constituted by Executive Director EPCO and financial

bid of other firms will be returned unopened. In case if two or more concept plan

approved by the committee then work will be awarded to L1 on lowest rate basis.

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Date and time for opening of financial bid will be intimated to firms by EPCO, at least

7 days prior to opening.

4.5 The earnest money shall be refundable not later than 60 (Sixty) days from the RFP

Due Date, except in the case of the selected organization/s whose earnest money

shall be retained till they have executed the agreement. The offer shall be,

summarily, rejected if it is not accompanied by the earnest money.

5. RFP and costs thereof

5.1 The organization submitting the RFP shall bear all of the costs associated

with the preparation of RFP and their participation in the process. EPCO will not be

responsible or in any way liable for such costs, regardless of the outcome of the

selection process.

6. Clarifications on RFP Document

6.1 Organizations requiring any clarification on the RFP document may notify it to

EPCO. They should send their queries in writing by fax or by e-mail within 7 days of

issue of RFP notice.

6.2 Since RFP document is to be downloaded from the website, EPCO will not be

in a position to know the prospective organizations. Therefore, prospective

organizations will have to register themselves by sending an e-mail at

[email protected] for receiving such responses. All prospective organizations will be

permitted to participate in pre-bid meet.

6.3 EPCO shall endeavour to respond to the questions raised or clarifications

sought by the participating organizations. However, EPCO reserves the right not to

respond to any question or provide any clarification, at its sole discretion, and

nothing in this para shall be taken or read as compelling or requiring EPCO to

respond to any question or to provide any clarification.

6.4 EPCO may also on its own motion, if deemed necessary, issue interpretations

and clarifications to all the prospective organization. All the clarifications and

interpretations issued by the EPCO shall be deemed to be part of the RFP

document. Verbal clarifications and information given by EPCO or its employees or

representatives shall not in any way or manner be binding on EPCO.

6.5 Pre- bid meeting: A pre bid meeting of the prospective organizations shall be

convened on 7th June 2014 at 11.30 AM. in the Conference hall of the EPCO,

Paryavaran parisar, E-5, Arera Colony, Bhopal or at any other place as intimated to

all the prospective organization.

During the course of pre-bid conference, the prospective organizations will be free to

seek clarifications and make suggestions for consideration of EPCO. EPCO shall

endeavour to provide clarifications and such further information as it may, in its sole

discretion, consider appropriate for facilitating a fair and transparent process.

7. Amendment of RFP document

7.1 At any time prior to the deadline for submission of RFP, EPCO may, for any

reason, whether at its own initiative or in response to clarifications requested by a

prospective organization, modify the RFP document by the issuance of an

amendment.

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7.2 Any amendment thus issued will be sent in writing by e-mail or fax to all those

who have registered with EPCO as per section 6.1 of this RFP and also be displayed

on the EPCO’s website at www.epco.in

7.3 In order to afford the prospective organization a reasonable time for taking the

amendment into account, or for any other reason, EPCO may, in its sole discretion,

extend the RFP due date.

8. Validity of offer :

8.1 The offer shall be valid for a period of 60 (Sixty days) days from the due date.

The validity of RFP may be extended by mutual consent of the organization and EPCO

offer.

9. Acknowledgement by participating organizations:

9.1 It shall be deemed that by submitting the RFP, the participating organization has:-

(a) made a complete and careful examination of the RFP document;

(b) received all the relevant information from EPCO;

(c) Agreed to be bound by the undertakings provided by it under and in terms

hereof.

9.2 EPCO shall not be liable for any omission, mistake or error in respect of any of

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

relating to the RFP document or the selection process, including any error or mistake

therein or in any information or data given by EPCO.

PREPARATION AND SUBMISSION OF RFP:

10. Language

10.1 The RFP and all the related correspondence and documents in relation to the

selection process shall be in English. Supporting documents and printed literature

furnished by the participating organization with the RFP should also be in English.

11. Preparation and signing of RFP:

11.1 The participating organization shall provide all the information sought under

this RFP document. EPCO will evaluate only those RFP that are received in the

required formats and complete in all respects. Incomplete and /or conditional RFP

shall be liable to be rejected.

11.2 The participating organization shall prepare the proposal together with

original/ copies of documents required to be submitted along therewith pursuant to

this RFP document.

11.3 The proposal shall be typed or written in indelible ink and signed by the

authorised signatory of the participating organization who shall also make initial on

each page in blue ink. In case of printed and published documents, only the cover

and inner cover shall be initialled. All amendments made to the proposal shall be

initialled by the person signing the RFP. The RFP shall contain page numbers and

shall be hard bound together as one document and should have proper indexing.

12. Technical Proposal

12.1 The participating organization shall prepare the technical proposal in the

format specified in Annexure–I, together with all the documents specified in paras

3.1, 3.2 and 12.2. The technical proposal shall be sealed in an envelope marked as

“TECHNICAL PROPOSAL".

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12.2 The technical proposal shall contain:

(i) Demand draft of Rs 1,000/-(Rs. One Thousand) only of any nationalized or

scheduled commercial bank payable at its Bhopal local branch in favour of the

Executive Director, EPCO Bhopal. Towards the cost of RFP document

downloaded from EPCO’s website

(ii) Earnest money of Rs. 1,00,000/- (Rupees one lakh) only in the form of demand

draft of any nationalized or scheduled commercial bank payable at its Bhopal

local branch in favour of the Executive Director EPCO Bhopal.

(iii) Technical proposal in the prescribed format (Annexure-I) along with all the

relevant documents as required in annex I- to annex-V

(iv) Copies of audited balance sheet and income and expenditure accounts of the

organization for minimum annual turnover of Rs. 1,00,00,000/- Crore (Rs. One

Crore) for each of the last three years (2012-13, 2011-12, 2010-2011).

(v) RFP document and the annexure duly initialled on each page by the person

signing the proposal.

(vi) Copy of Memorandum and Articles of Association/ Trust Deeds/ Company bye-

laws in case of a corporate body, copy of partnership deed in case of a firm

and copy of registration certificate in case of society etc. as the case may be ;

(vii) Power of Attorney authorising the signatory of the proposal to commit the RFP.

13. Financial Proposal

The participating organization shall prepare the financial proposal in the format

specified in Annexure–VI, and shall be sealed in an envelope marked as “FINANCIAL

PROPOSAL".

13.1 The Financial bid should list all the costs associated with the assignment with

item wise and payable to the Firm by the Client. These normally cover;

Cost for Development, Supply and Installation of new exhibits i.e. models / equipments / display boards / Touch screen based on electronically display technologies / modern computer operated technologies / 3D / Video games using latest software etc.

Cost for repair and renovation of existing exhibits, equipment etc as per the requirement

Cost for development, printing and publication on environmental education, awareness material / documents i.e. booklets / stickers / school labels / broacher/ postcards etc.

Cost for development of souvenir shop and reception centre.

Cost for renovation of internal lighting system.

Cost for proposed number of compatible change of theme as per requirement display on environmental issues.

Cost for staff.

Cost of Transportation.

Cost of survey & Investigations.

Cost of Communication.

Cost for operation and maintenance for three year.

Overall maintenance and cleaning of Dioramas, Panels, Models, Maps, all Electronic & Electrical Items and accessories, hardware & software,

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Computers, Peripherals etc. of all existing and new equipments & exhibits for three years.

13.2 Cost should be mentioned item wise and should be Inclusive of-

(a) Inclusive of all staff time, train fare, lodging, local conveyance and contingencies.

(b) Inclusive charges for the inspection visit to identify the problem and subsequent visit by the team from the Firm to solve the problem and special trip in any in case of any emergency situation to solve unforeseeable problems, will need to be paid by the Firm.

(c) Inclusive of all miscellaneous cost if any.

13.3 The financial bid must be expressed in Indian Rupees only and must take into

account all types of the tax liabilities and cost of insurance. All payments to firm / firms

would be made only in Indian Rupees. The rates should be expressed in figures and words

both.

13.4 Payment will made as per the payment schedule on achieving required progress of

work.

14. Sealing and Marking of Envelopes

There will be 5 separate envelop marked as Envelop-1, Envelop-2, Envelop-3, Envelop-4

and Envelop-5.

(i) In envelop-1 keep the demand draft of Rs 1,000/- being the cost of RFP

document downloaded from website. Seal envelop mark RFP cost.

(ii) In envelop-2 keep the demand draft of Rs 1,00,000/- for Earnest Money. Seal

envelop and mark Earnest Money.

(iii) In envelop-3 keep the technical proposal in this envelop. Seal envelop and

mark Technical Proposal.

(iv) In envelop-4 keep the concept plan in this envelop. Seal envelop and mark

Concept Plan.

(v) In envelop-5 keep the financial bid in this envelop. Seal envelop and mark

Financial Proposal.

Important: - Please keep all these five sealed envelope in an outer sealed

envelope to be marked as under:

"Request for Proposal for Renovation and Up gradation of ‘Jal Tarang’ Bhoj

Wetland Interpretation Center”

14.1 Submission of Bid -

The envelope containing all five envelops properly sealed and marked as

"Request for Proposal for Renovation and Up gradation of Jal Tarang Interpretation

Center” shall be submitted to Executive Director and shall be addressed as:

The Executive Director

Environmental Planning and Coordination Organization

Paryavaran parisar, E-5 Arera Colony, Bhopal MP 462016

14.2 If the envelopes are not sealed and marked as instructed above, EPCO

assumes no responsibility for the misplacement of the contents of the proposal

and consequent losses, if any, suffered by the participating organization.

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14.3 RFP can be submitted through Speed Post/ Registered Post, through Courier

or personally by hand. RFP submitted electronically by fax, telegram or e-mail shall

not be entertained and shall be rejected.

15. RFP Due Date

15.1 RFP should be submitted up to 15:00 hours on 20th June 2014 at the

address provided in Para 14 in the manner and form as detailed in this RFP

document.

15.2 EPCO may, in its sole discretion, extend the RFP due date by issuing an

amendment to all the participating organizations and also display on

www.epco.in

16. Late proposals

Proposals received by EPCO after the specified time on the Due Date shall not be eligible

for consideration and shall be returned unopened.

17. Opening and Evaluation of RFP

17.1 The authorized representatives of EPCO or a committee appointed by ED

EPCO, shall open the RFP at on 20th June 2014 at 16:00 hours in the presence

of the organization’s representatives who choose to attend.

RFP shall be opened in the following sequence:

i. Envelope-1 containing demand draft of Rs. 1,000/- being the cost of RFP

document downloaded from the website shall be opened. If the organization

has not furnished the said demand draft, his proposal shall not be opened.

ii. Envelope-2 containing demand draft of Rs. 1,00,000/- for earnest money shall

be opened. If the demand draft of earnest money is not found in order the

technical proposal shall not be opened.

iii. Envelope-3 containing technical proposal.

iv. Envelop-4 Containing concept plan will be opened of only technically eligible

participants on a separate date, time and place informed by EPCO

v. Envelop-5 Containing Financial bid, Financial bid of those firms whose concept

is approved by committee or whose concept full fill scope of the work of task

will be opened in the presence of the organization’s representatives who

choose to attend on a separate date, time and place informed by EPCO .

Financial bids of other firms will be returned unopened.

EVALUATION PROCESS

18. Clarifications from participating organizations for Evaluation of Technical

proposal

18.1 To facilitate evaluation of proposal EPCO may, at its sole discretion, seek

clarifications from any participating organization regarding their RFP. Such

clarification(s) shall be provided within the time specified by EPCO for this

purpose. Any request for clarification and all the clarifications in response

thereto shall be in writing or through email ids given by the participating

organization.

18.2 If a participating organization does not provide clarifications sought under

Para 18.1 above within the prescribed time, their proposal shall be liable to be

rejected. In case the proposal is not rejected, EPCO may proceed to evaluate

the RFP by construing the particulars requiring clarification to the best of its

understanding, and the participating organization shall be barred from

subsequently questioning such interpretation of EPCO.

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19. Evaluation of Technical proposal

19.1 EPCO will subsequently examine and evaluate technical proposal in

accordance with the eligibility criteria set forth in para 3 and 19.4 of this RFP.

19.2 EPCO reserves the right not to proceed with the selection process at any

time without notice or liability and to reject any or all the proposal without

assigning any reason.

19.3 If any information furnished by the participating organization is found to be

incomplete or contained in formats other than those specified herein, EPCO may, at

its sole discretion, reject the proposal. Participating Organization will essentially have

to score minimum qualifying marks in each of the category as mentioned in the

matrix below in point no. 19.4 table-I

19.4 Evaluation Criteria will be as per following matrix- (Table-I)

Organizational strength Maximum Points Minimum Qualifying points

1. Financial Capacity 15 points 10 points

2. Organizational Experience 20 points 10 points

3. Development of Interpretation Centers 30 points 20 points

4. Experience of developing / installing

software for digital display

15 points 10 points

5. Experience of developing (IEC) materials

10 points 5 points

6. Professional Staff 10 points 5 points

Total 100 points 60 points

In the process of evaluation points shall be given as under. (Table-II)

1. Financial Capacity:

Rs. 2 crore or more :15 Points

Rs. 1 crore but less than Rs. 2.0 crore :10 Points

Less than Rs. 1 crore : 0 Points Note: - In case, the annual turnover of the bidder is less than Rs. 1 crore during any of the three years, it shall be awarded zero points for financial capacity and the bidder shall automatically be disqualified.

2. Experience: Organizational Experience in the relevant field

More than 7 years :20 Points

More than 6 years but less than 7 years :15 Points

More than 5 years but less than 6 years :10 Points

Less than 5 years : 0 Points

Technical Capacity:

3. Development of Interpretation Center in the field of wetland conservation or environment

5 centers or more :30 Points

4 centers :25 Points

2 centers :20 Points

Less than 2 centers : 0 Points

4. Experience of developing / installing software for digital display

3 software or more :15 Points

2 software :10 Points

Less than 2 software : 0 Points

5. Experience of developing (IEC) materials

5 IEC material or more 10points

3 IEC material 5

Less than 2 IEC material 0

6. Professional staff: Firm should have at least 20 full time professionals on their pay roll

25 or More than 25 professional :10 Points

20 or More than 20 but less than 25 professional : 5 Points

Less than 20 professional : 0 Points

Note- firms that scores minimum 60 points or more shall be considered technical eligible and shall be called for opening and presentation of concept plan.

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SELECTION OF ORGANIZATION

20. Selection of Organisation

20.1 The selection of participating organization will be on the parameters

elaborated in section 3 above and selection procedure elaborated in section 4. After

evaluation of concept plan EPCO would announce a list of firms whose concept plan

is found suitable for task and approved by committee. Organisations whose concept

plan is approved will be invited for opening of financial bid. Work will be allotted to

firm who quoted lowest rate on L1basis

EPCO may qualify more than one organization and may split assignment into more

than one part & assign the responsibility of undertaking different part of assignment

for these organizations in such manner as it considers fair and appropriate.

20.2 EPCO will not entertain any query or clarification from participating organization

who fail to qualify.

21. Correspondence of the participating organization

Except, as provided in this RFP document, EPCO shall not entertain any

correspondence of participating organizations in relation to the acceptance or

rejection of any proposal.

22. Right to accept or reject any or all the proposals

22.1 Notwithstanding anything contained in this RFP document, EPCO reserves the

right to accept or reject any proposal and to annul the selection process and reject all

the proposals, at any time without any liability or any obligation for such acceptance,

rejection or annulment, and without assigning any reasons thereof.

22.2 EPCO reserves the right to reject any proposal and/or all the proposals if:

(a) At any time, a material misrepresentation is made or uncovered; or

(b) The organization does not provide, within the time specified by EPCO the

supplemental information sought by EPCO for evaluation of the proposal.

22.3 In case it is found during the evaluation or at any time before signing of the

Agreement or after its execution and during the period of subsistence thereof that

one or more of the pre-qualification conditions have not been met by the

organization, or the organization has made material misrepresentation or has given

any materially incorrect or false information, the organization shall be disqualified

forthwith if not yet selected for the assignment.

If the organization has already been issued the Letter of Acceptance (LoA) or has

entered into the Agreement, as the case may be, the same shall, notwithstanding

anything to the contrary contained therein or in this RFP document, be liable to be

terminated by a communication in writing by EPCO to the organization without

EPCO being liable in any manner whatsoever to the organization and without

prejudice to any other right or remedy which EPCO may have under this RFP

document or under applicable law.

22.4 EPCO reserves the right to verify all the statements, information and documents

submitted by the organization in response to the RFP. Any such verification or lack

of such verification by EPCO shall not relieve the organization of its obligations or

liabilities hereunder nor will it affect any rights of EPCO there under.

23. Earnest money

23.1 EPCO shall not be liable to pay any interest on the earnest money and the

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same shall be interest free.

23.2 EPCO shall be entitled to forfeit and appropriate the earnest money, in any of

the events specified in Para 23.3 herein below. The participating organization, by

submitting its proposal pursuant to this RFP document, shall be deemed to have

acknowledged and confirmed that no relaxation of any kind on earnest money shall

be given to any organization.

23.3 Earnest money shall be forfeited and appropriated by EPCO against

compensation and damages payable to EPCO for, inter alia, time, cost and effort of

EPCO without prejudice to any other right or remedy that may be available to the

EPCO hereunder or otherwise, under the following conditions:

a. If a participating organization withdraws its proposal during the period of RFP

validity as specified in this RFP document and as extended by the participating

organization from time to time;

b. In the case of selected organization, if it fails to sign the agreement within the

specified time limit.

c. If the selected organization fails to complete the task within the time limit.

d. For violation of any other obligation of the selected organization, as specified in

this RFP.

23.4 Earnest money of unsuccessful participating organizations will be refunded

by EPCO, without any interest, or in case the selection process is cancelled by

EPCO. The earnest money shall be refundable not later than 60 (Sixty) days

from the RFP due date.

23.5 Earnest Money of successful bidder will be refunded without interest after the

full amount of performance security is received and agreement is executed.

24. Letter of Acceptance

After selection of organizations, a Letter of Acceptance ("LoA") shall be issued by

EPCO to the selected organization to sign the agreement within 7 (seven) days of

the receipt of the LoA.

25. Performance Security/ award of work

(a) The contract will be awarded to the successful bidder. Successful bidder shall

deposit performance security 5% of the contract amount before the execution of the

agreement in the form of unconditional Bank Guarantee valid for 90 days after expiry

of assignment of a Nationalised Bank in the format given in annexure-VIII, within 7

days from the date of issue of acceptance letter.

(b) The successful bidder shall execute the agreement with the client within 7 days

after the submission of performance security in the approved format.

26. Security Deposit

Security deposit at the rate of 5% shall be recovered from the running bills or actual

value of work executed and paid whichever is more.

The amount of security deposit shall not be converted into any other form.

27. Miscellaneous

27.1 The selection process shall be governed by, and construed in accordance

with, the laws of India and the Court at Bhopal in Madhya Pradesh shall have

exclusive jurisdiction over all the disputes arising under, pursuant to and/ or in

connection with the selection Process.

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Summary Sheet

For Request for Proposal S.No. Information Details

1. Title of the Assignment Request for Proposal (RFP) for “Request for Proposal for Developing

and Executing Plan for Renovation and Up gradation of ‘Jal

Tarang’ bhoj Wetland Interpretation Center”

2. Name of Client

Executive Director Environmental Planning and Coordination Organization Paryavaran Parisar,E-5 Sector, Arera Colony Bhopal 462016

3. Total Assignment period 6 Months

4 (a).

Request for Bid Documents

The cost of the RFP document is Rs. 1,000/-, payable by demand draft of any nationalized or scheduled commercial bank payable at its local branch in favour of the Executive Director, EPCO Bhopal. The RFP document is to be downloaded from website www.epco.in and demand draft shall be enclosed in a separate sealed envelope and submitted along with the technical proposal.

4(b). Earnest Money Deposit Rs. 1,00,000/- (Rupees One lakh) only payable by demand draft of any

nationalized or scheduled commercial bank payable at its local branch in

favour of ED EPCO Bhopal.

5. Pre-bid meeting 7th June 2014 at 11.30 AM at the office of Executive Director EPCO,

Bhopal.

6. Submission of Bid There will be 5 separate envelop marked as Envelop1, Envelop-2, Envelop-3, Envelop-4 and Envelop-5 (i) In envelop-1 please keep the demand draft of Rs 1,000/- being the

cost of RFP document downloaded from website. Please seal this envelop.

(ii) In envelop-2 please keep the demand draft of Rs 100,000/- for Earnest Money. Please seal this envelop.

(iii) In envelop-3 please keep the technical proposal. Please seal this envelop.

(iv) In envelop-4 please keep the concept plan. Please seal this envelop.

(v) In envelop- 5 Please keep Financial proposal and seal the envelop. Important:- Please keep all these five sealed envelope in an outer sealed envelope to

be marked as under:

" Request for Proposal for Developing and Executing Plan for

Renovation and Up gradation of Jal Tarang Interpretation

Center”

The envelope shall be addressed to:

Executive Director

Environmental Planning and Coordination Organization Paryavaran Parisar,E-5 Sector, Arera Colony Bhopal 462016 Name and Address of applicant ______________________

7. Date and time for submission of bids

On 20th June 2014 upto 15.00 hrs.

8. Date and time for opening of technical bids

Technical bids will be opened on 20th June 2014 at 16.00 hrs.

Date and time for opening of concept plan and financial bid will be informed separately to eligible firms

9. Evaluation of bids Evaluation shall be done by Committee constituted by the EPCO

10. Validity Period Sixty days from the date of opening of bid.

11. Taxes Selected Organization and the personnel shall pay the taxes, duties; fee,

levies and other impositions levied under the existing and amended laws

as may be lawfully required.

12. Documents and Annexure to be enclosed with the Technical Bid

As per Annexure I to V shall be enclosed as mentioned in this ToR

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TERMS OF REFERENCE

REQUEST FOR PROPOSAL (RFP) FOR ENGAGEMENT OF Request for Proposal for

Developing and Executing Plan for Renovation and Up gradation of “Jal Tarang” Bhoj

Wetland Interpretation Center

1. Introduction

1.1 Environmental Planning and Coordination organization (EPCO) is a registered society

under Housing and Environment Department of the Government of Madhya Pradesh.

The Government of Madhya Pradesh has declared EPCO as the State Designated

Agency for Climate Change.

The Environmental Planning and Coordination organization (EPCO) has set up Bhoj

Wetland Interpretation Center “Jal Tarang” in May, 2004 to disseminate information of

Bhot Wetland. Jal Tarang is situated on a beautiful location overlooking the upper lake of

Bhopal near Boat Club. Many high quality, modern & interactive exhibits and models

have been installed to educate the visitors about lake & wetland ecosystem. Over the

time some of these exhibits are damaged and most of the electronic equipment/

instruments touch screens and dynamic models are out of order.

Looking to the present conditions of exhibits /equipment and observing significant

change in Lake Ecosystem EPCO decided to renovate this center with incorporation of

some thematic change in the Interpretation Center set-up in year 2004.

In this context, EPCO is looking for competent organization who have experience and

good knowledge of development /implementation and operation of Interpretation Centers

so as to be able to undertake Proposal for Developing and Executing Plan for

Renovation and Up gradation of Jal Tarang Interpretation Center.

2. Background - Jal Tarang Interpretation Center was Initially Designed and Developed

by Center for Environment Education (CEE) Ahemdabad under Bhoj Wetland Project

with the objective of dissemination of information, Awareness and Education about Bhoj

Wetland, water conservation and other environmental issues through various interactive

exhibits, models, touch screens, games etc. Any person desire to visit Jal Tarang

before submitting RFP may visit Jal Tarang on all Govt working days between 2 PM to 8

PM except Tuesday which is scheduled weekly off day.

3. Scope of Work- The bidder will be required to execute plan for renovation and up

gradation of “Jaltarang” Bhoj Wetland Interpretation center and to take

responsibility of operation & maintenance of Jaltarang for Three years after the

completion of work.

Broad Scope of assignment is to Renovate and Upgrade Jal Tarang interpretation Center

includes following activities-

1. To review and assess existing items in interpretation centre such as exhibits, models, dioramas; all electronic equipments i.e. touch screens, LCD TV, VCD, all computer system, display boards, internal lighting arrangements etc and prepare status report.

2. To prepare detail plan for renovation and Up gradation of Interpretation centre and execution of the suggested activities.

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3. To prepare implementation schedule covering all stages of the implementation process for each component of concept plan.

4. To present status report, draft plan and implementation schedule before client (EPCO) for approval.

5. To incorporate amendments/suggestions in the plan.

6. To Prepare detailed specifications and drawings of suggested/ approved Exhibits, Models models / display boards / touch screen / LEDs / 3D video games / overhead projector / latest hardware & software / thematic animation.

7. To Prepare detail configurations of electronic hardware and develop required software to run digital models, display boards, touch screens, games for dynamic & static displays.

8. To suggest detail plan for possible repairing in existing displays, models etc.

9. To execute approved plan for renovation/ up gradation of Jal tarang i.e. Develop, supply, installation and operation of all approved items

10. To do operation and maintenance of Jaltarang for three year after the completion of works of renovation

11. The firm should prepare and submit inception report, monthly progress reports, project completion report.

12. To provide on the job training to staff of interpretation centre on hardware / software and operation.

13. To set procedures for strong quality control aspect, will develop adequate system of internal checks to fully protect the interest of the client and prepare quality control manual for use of interpretation centre.

14. To prepare proposal for redesign of reception and souvenir shop and develop eco friendly souvenir material with set of sample i.e. T-shirts, Bags, Caps, belts etc.

15. To prepare proposal for re-orientation of children activity area.

16. To develop and supply of IEC material in Hindi and English on conservation of water resources and environment i.e. booklet, postcards, brochure, posters, pamphlets, school labels, stickers.

17. The firm is responsible to supply and installation of application for number of compatible change of theme as per requirement display in a year on conservation of water resources and environmental issues.

18. To submit efficient operation & maintenance plan for all equipment and exhibits and prepared for O & M service & support agreement for three years.

4. Suggested Methodology

The selected organization will need to undertake an extensive review and assessment of

existing status of Jal Tarang and prepare a status report. Conceive a draft plan for

renovation based on wetland conservation, water conservation, environmental education

and climate change themes. Prepare various options for innovative and interactive

display/demonstration units. Draft plan including implementation schedule along with

options of display/ demonstration units is to be presented before committee constituted

by EPCO for approval. After approval implementation of plan is to be done as per

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schedule. A detailed strategy for operation and maintenance and regular activities is to

be developed to sustain Interpretation Centre.

5. Outputs/ Deliverables

The successful bidder will submit Inception report within 15 days of acceptance. The

selected organization will produce status report, detail report of the renovation plan,

Technical details and specifications of all hardware and develop required software & IEC

material. Execution of plan as per scope i.e. develop, supply and installation etc

complete. Execution of operation and maintenance of Interpretation Center for three

year.

6. Time frame for the assignment

The assignment is to be completed within six months time from the date of execution of

agreement.

7. Management and Reporting

EPCO will manage the assignment and the selected organization will report to Executive

Director, EPCO, who will lead the assignment.

8. Tentative Cost of the Assignment – Rs. 60.00 Lakh (Rs sixty Lakhs)

9. Penal Provision

9.1 If the selected organization fails to achieve the key deliverables as per the

prescribed monthly schedule approved by EPCO, a part of the performance security, up

to a maximum of 25% of the security amount, may be imposed as penalty for each such

monthly default.

9.2 If the selected organization continues to fail to carry out activities for consecutively

three months, EPCO can forfeit the whole of performance security amount and can

terminate the agreement by giving seven days show cause notice to the defaulting

organization through e-mail/fax.

9.3 Penalty can also be imposed for not engaging/ deploying professionals for the task

as envisaged in the RFP, for submission of fake report, for production of false bills for

site, or any such other irregularity or violation of any terms of reference. The penalty in

such cases at discretion of EPCO can be up to 5% of performance security for each

such default.

9.4 EPCO reserves the right to get any or all reports cross checked by its own officers or

any other agency of its choice. In case of any discrepancy, the selected organization

shall be blacklisted and other punitive actions including refund/deduction of full or part of

reimbursable amount may be initiated against the organization.

10. Payment Schedule

Payment for the performance of works related to this assignment would be as per the

accepted financial offer accordingly total amount of Rs …………. (in words) for

execution of renovation and up gradation plan and total amount of Rs ………. (in

Words) for Operation and maintenance inclusive of all taxes in stages as per the

following payment schedule.

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A Schedule of Payment for Execution of Plan for Renovation and up gradation

1 Submission of Inception report 10%

2 Completion of 25% work 10%

3 Completion of 50% work 25%

4 Completion of 75% work 25%

5 Completion of 100% work 30%

B Schedule of payment for Operation and Maintenance

Yearly schedule of payment

1 Submission of every half yearly O&M report 50% of yearly amount

2 Submission of every yearly O&M report 50% of yearly amount

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ANNEXURE- I

TECHNICAL PROPOSAL

Request for Proposal for Developing and Executing Plan for Renovation and Up

gradation of ‘Jal Tarang, Bhoj Wetland Interpretation Center

S.N. Information and documents required Information and documents to be

supplied by the participating

organization

A PROFILE OF THE ORGANIZATION

1. Name and type of the organization/ Entity

Organizational structure including

registration details PAN, Service tax

registration number etc. (Full Details to

be furnished in the format given in

Annexure-II)

2. Information of Key Contact Person with

details of contact

3 Year (s) of Organizational Experience

4

Financial Statements of the last three

financial year- 2010-2011, 2011-12,

2012-13, Certificates to be attached)

Financial Year Turn over

2010-11

2011-12

2012-13

Total

B DETAILS OF LOCAL OFFICE IN MP if any

1 Year of Establishment

2 Address of Local Office if any

C DEVELOPMENT OF INTERPRETATION CENTER

1 Please enclose details of Interpretation

Centers Developed

As per Annexure III

2 Please enclose details of Software/

Hardware Developed

As per Annexure III

3 Please enclose details of IEC Material

Developed

As per Annexure III

D TECHNICAL APPROACH

1 Methodology

2 Work Plan

3 Time Plan

E TEAM COMPOSITION AND PLAN

1 Organizing and Staffing

2 Detailed CV of the key Professionals As per Annexure IV

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F DETAILS OF RFP DOCUMENT COST and EARNEST MONEY

1 Demand Draft of Rs. 1,000/- of any

Nationalized or Scheduled Commercial

Bank payable at its local branch in favor

of the ED EPCO Bhopal for payment

towards cost of RFP document.

Demand Draft No. ___________

Date: ___________

Bank and Branch:

_________________________

2 Demand Draft of Rs. 1,00,000/- of any

Nationalized or Scheduled Commercial

Bank payable at its local branch in favor

of the Executive Director EPCO Bhopal

for earnest money.

Demand Draft No. ___________

Date: ___________

Bank and Branch:

_________________________

3 Power of Attorney authorizing the

signatory of the participating organization

to commit the RFP.

4 Checklist As per Annexure V

Important Notes:

1. RFP documents, certified copies of undertakings given and certificates attached etc shall

be properly page numbered and indexed and bound as one document. Participating

organization should ensure that documents submitted by them are not loosely held. All

the documents enclosed with the Technical proposal should be self attested by the

authorized signatory. Technical proposal submitted otherwise will not be considered.

2. Technical proposal shall be prepared in accordance with the instruction contained in Para

12 of RFP and shall be submitted along with the documents as laid down in this RFP.

3. Participating organizations will have to submit an affidavit duly notarized that the

information, certified copies of the documents supplied with the proposal and

undertakings given/certificates attached are true and correct to the best of their

knowledge and belief. If any information is subsequently, even after award of work, is

found to be incorrect, EPCO may forfeit their earnest money/performance security and

debar them from participating in future.

4. Participating organization shall furnish an undertaking as required under para 3 of RFP

document as part of the proposal, on their official letter head duly signed with proper seal

by the authorized signatory.

Signature:

Name:

Designation:

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ANNEXURE- II

ORGANISATIONAL STRUCTURE

1. Name of Entity:

2. Address:

a. Postal Address

b. E-mail Address

c. Telephone No.

d. Mobile No.

e. Fax No.

3. Core business of the entity along with years of existence in the core business

(Minimum period of existence- 10 years)

4. Entity Registration Certificate (Number) ____________ (date) ____________

(Attach certified copy of registration)

5. Permanent Account Number (PAN):

6. Registration Number and date for Service Tax.

7. Place of Headquarter of the Entity along with details of Branch offices

8. Details of professionals (excluding support staff)

9. Self attested copy of organizational registration details

10. Particulars of the Authorized Signatory of the RFP.

a. Name

b. Designation

c. Postal Address

d. E-mail Id :.................................... Alternative Email Id.....................................

e. Telephone No.

f. Mobile No.

g. Fax No.

Signature of the Authorized person submitting RFP

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ANNEXURE- III

DETAILS OF WORK UNDERTAKEN

(To be filled for each of the relevant Interpretation Center, IEC Material, Software/

Hardware etc developed)

1. Name of Assignment:-

2. Country/ State:-

3. Location within country:-

4. Name of Client:-

5. Address of Client:-

6. Duration of Assignment:-

7. Start date (month and year) :-

8. Completion date (month and year) :-

9. Value of assignment in INR -

10. No. of Professional staff engaged in the assignment:-

11. Names of staff Associated with the assignment:-

12. Narrative description of the Project:-

13. Description of actual services provided by your staff:-

14. Attach supporting document for each work-

Date :

Place :

Signature of Person

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ANNEXURE- IV

CURRICULUM VITAE

(To be filled in for each person separately)

1. Name of Person:-

2. Date of Birth:-

3. Educational Qualifications:-

4. Present designation in the organization:-

5. Present role and responsibilities:-

5. Past experience and training received:-

6 Details of relevant experience:-

Date :

Place :

Signature of Person

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ANNEXURE- V

Checklist to be filled by the Organization submitting RFP

Eligibility Criteria and other conditions and details of documents as mentioned

in the RFP

Yes /

No

Page

No

Registered Society/ Trust/ Foundation/ Firm/ Company, with standing of at least 10

years on the due date of RFP. Concerning documents enclosed at page no.

An undertaking with regard to RFP point no 3 attached at page no.

List of full time professionals on their pay roll, details enclosed at page no.

Minimum average annual turnover of Rs. 1,00,00,000/- (Rupees One Crore ) for

each of the last three financial year ( 2012-2013, 2011-12, 2010-2011) enclosed at

page no

Audited reports in these regard shall be enclosed for FY 2010-11, FY 2011-12 and

FY 2012-13 , enclosed at page no

The proposal has been typed or written in indelible ink and signed by the authorised

signatory of the participating organization who shall also make initial on each page in

blue ink

Demand draft of Rs 1,000/- (Rs. One Thousand) only of any nationalized or

scheduled commercial bank in favour of the Executive Director, EPCO Bhopal

Earnest money of Rs. 1,00,000/- (Rupees One Lakh) only in the form of demand

draft of any nationalized or scheduled commercial bank payable at its Bhopal local

branch in favour of the Executive Director EPCO

Technical proposal in the prescribed format (Annexure-I) along with all the relevant

documents enclosed at page no

RFP document and the annexure duly initialled on each page by the person signing

the proposal

Copy of Memorandum and Articles of Association/ Trust Deeds/ Company bye-laws

in case of a corporate body, copy of partnership deed in case of a firm and copy of

registration certificate in case of society etc. as the case may be, attached at page no

Power of Attorney authorising the signatory of the proposal to commit the RFP,

enclosed at page no.

Details of professional staff attached at page no.

Technical Approach mentioned on page no.

Details of work plan attached at page no.

Details of Team Plan attached at page no.

Details of Time Plan attached at page no.

Annexure –II attached at page no.

Annexure –III attached at page no.

Annexure –IV attached at page no.

Annexure –V attached at page no.

Affidavit declaring that the information furnished is true and correct page no.

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ANNEXURE- VI

FORMAT FOR FINANCIAL BID

FINANCIAL BID

FROM: TO:

Executive Director Environmental Planning &

Coordination Organisation (EPCO)

"Kachnar" Paryavaran Parisar E-5, Arera Colony, Bhopal - 16

Sir:

Subject: Offer to develop and execute concept plan, with 5 year operation and

maintenance for renovation and up-gradation of ‘Jal Tarang’ Bhoj

Wetland Interpretation Centre.

The Financial bid should list all the items and costs associated with the assignment and

payable to the Firm by the Client including service tax.

A. Execution of Concept Plan

Sr. No. Description of Item No. Unit Rate Amount (Rs.) (in Figure)

Total A

B Cost of Operation & Maintenance

Sr. No. Description of item Amount (Rs.) (in Figure)

Cost for operation and maintenance for

three years

Total Cost (A+B)

Note:

Amount should be quoted lump sum inclusive of all taxes but excluding service tax

Detail specification of each items should be mentioned in the column of description of

items

Cost of O&M should be quoted for three year which will be applicable for extended

period without any escalation

Separate sheet in same format may be used if space is insufficient

Authorized Signatory of the firm with Seal

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Annexure- VII

DRAFT AGREEMENT

(To be mutually agreed and signed between EPCO and selected Organization after

issuance of LoA)

This Agreement is entered into on this the ____________day of _________, 2014

BETWEEN

Executive Director, Environmental Planning and Coordination Organization, Bhopal

(hereinafter referred to as “ED, EPCO" which expression shall, unless repugnant to the

context or meaning thereof, include its administrators, successors and assigns) of One Part,

AND

_____________________________, having its registered office at ______________

(hereinafter referred to as the "Selected Organization" which expression shall, unless

repugnant to the context or meaning thereof, include its successors and permitted

substitutes) of the Second Part

WHEREAS

(a) Environmental Planning and Coordination Organization (hereinafter referred to as

"EPCO") has decided to engage the services of ………………………..to carry out the

studies as per the details mentioned in the Terms of Reference of this RFP.

(b) EPCO had accordingly invited RFP vide RFP No ____/ dated ______ for selection of

suitable agency on the terms and conditions contained in the RFP document.

(c) After evaluation of the proposals so received, the EPCO had accepted the RFP of

M/s. __________________, and issued its Letter of Acceptance No__________

dated ___________ ("LoA") inter alia for the execution of this Agreement.

(d) EPCO in accordance with the provisions of RFP has agreed accordingly to enter into

this Agreement with the selected agency on the terms and conditions set forth

hereinafter.

(e) The selected agency has duly provided the Performance Security of Rs 100,000/- in

terms hereto.

NOW THEREFORE IN CONSIDERATION OF THE PREMISES AND THE MUTUAL

COVENANTS HEREINAFTER CONTAINED, THE PARTIES HERETO HEREBY AGREE

AND THIS AGREEMENT WITNESSE HAS FOLLOWS:

PRELIMINARY DEFINITIONS AND INTERPRETATION

1. Definitions:

In this Agreement, the following words and expressions shall, unless repugnant to

the context or meaning thereof, have the meaning hereinafter respectively assigned

to them:

I. "Accounting Year" means the financial year commencing from 1st April of any

calendar year and ending on 31st March of the next calendar year.

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II. "Agreement" means this Agreement, its Recitals, Schedules and Annexure

hereto and any amendments thereto made in accordance with the provisions

contained in this Agreement.

III. "Applicable Laws" means all laws, promulgated or brought into force and

effect by the State Government and/or the Government of India including rules,

regulations and notifications made there-under, and judgments, decrees,

injunctions, writs and orders of any court of record, applicable to this Agreement

and the exercise performance and discharge of the respective rights and

obligations of the parties hereunder, as may be in force and effective during the

subsistence of this agreement.

IV. "Applicable Permits" means all clearances, permits, authorizations, consents

and approvals required to be obtained or maintained under Applicable Laws in

connection with CCIC subsistence of this Agreement.

V. "Selected Organization" means the Organization which shall undertake and

perform the obligations and exercise the rights of the organization under the

LOA and the Agreement.

VI. "Agreement Period" means the period beginning from the date of signing of

the Agreement and ending at the end of 3 years of such date unless

terminated earlier or extended in terms hereof.

VII. “Climate Change” Climate Change means as defined by UNFCCC/ IPCC ( It

covers issues like Climate Change Adaptation/ Mitigation, scientific aspects of

climate change like climate modelling, vulnerability assessment, GHG

inventorization, research studies on social, economic and ecological aspects of

climate change and Climate Change policy analysis and planning issues)

VIII. "Force Majeure" or "Force Majeure Event" shall mean an act; event,

condition or occurrence specified which is not in the control of any party to the

agreement.

IX. "Good Industry Practice" means those practices, methods, techniques,

standards, skills, diligence and prudence which are generally and reasonably

expected and accepted internationally and nationally from a reasonably skilled

and experienced organization/ agency engaged in the same type of undertaking

as envisaged under this Agreement and acting generally in accordance with the

provisions of applicable laws.

X. "Government Agency" means Government of India (GOI), Government of

Madhya Pradesh (GOMP) or any Ministry, Department, Commission, Board,

Authority, Registered Society, instrumentality or agency, under the control of

GOI or GOMP.

XI. "LoA" means the Letter of Acceptance.

XII. "EPCO's representative" means such person or persons as may be

authorised in writing by the competent officer of EPCO to act on his behalf

under this Agreement and shall include any person or persons having authority

to exercise any rights or perform and fulfil any obligations of the EPCO under

this Agreement.

XIII. "Parties" means the parties to this Agreement collectively and "Party" shall

mean any of the Party to this Agreement individually.

XIV. "Rs." Or "Rupees" means the lawful currency of the Republic of India.

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XV. "Termination" means the expiry or termination of this Agreement.

XVI. "Termination Date" means the date on which this Agreement expires pursuant

to the provisions of this Agreement or is terminated by a Termination Notice

whichever is earlier.

XVII. "Termination Notice" means the communication issued in accordance with

this Agreement by any one Party to the other Party terminating this Agreement

XVIII. “Jal Tarang” means an Interpretation Center on Bhoj Wetland located at Boat

Club( Upper Lake), Van Vihar Road, Bhopal

2. Scope of work:

The scope of the work under this agreement shall mean the scope of work defined

in the Terms of Reference (TOR) para no 3.

3. Payment Schedule

The selected organization shall be entitled to get payment in accordance with

prescribed procedure defined in the payment schedule para no 10 of TOR and as

per the agreement.

4. Obligations of the Selected Organization

As provided in the Terms of Reference (TOR).

5. Obligations of the EPCO:

As provided in the Terms of Reference (TOR).

6. Performance security:

a) A Bank guarantee of 5% of contract amount has been received prior to

agreement from the successful organisation as performance security for the

due and faithful performance of its obligations during the Agreement Period.

b) The Performance Security shall be released by EPCO to the selected

organization upon satisfactory completion of the agreement. In the event the

selected organization is in breach of the terms of the Agreement during the

agreement period, EPCO shall, without prejudice to its other rights and

remedies hereunder or in law be entitled to appropriate such amounts as may

have been determined, from the Performance Security as damages for such

default. Upon such appropriation from the Performance Security, the selected

organization shall, within 15 (Fifteen) days thereof, replenish, in case of partial

appropriation, to its original level, and in case of appropriation of the entire

Performance Security provide a fresh Performance Security, as the case may

be, failing which EPCO shall be entitled to terminate this Agreement.

7. Security Deposit

Security deposit at the rate of 5% shall be recovered from the running bills or actual

value of work executed and paid whichever is more. The amount security deposit

shall not be converted into any other form. Security Deposit will be released after

one year of the completion of agreement.

8. Indemnity:

The selected organization hereby undertakes to indemnify and hold EPCO harmless

against all cost, damages, and liabilities, expenses arising out of any third party

claims relating to torts or contracts relatable to the functioning of CCIC.

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9 Force Majeure:

9.1 The selected organization or EPCO as the case may be, shall be entitled to initially

suspend the performance of its respective obligations under this Agreement to

the extent that the selected organization or EPCO, as the case may be, is

unable to render such performance by an event of Force Majeure (a "Force Majeure

Event")

9.2 In this Agreement, no event or circumstance and/or no combination of

circumstances shall be treated as a "Force Majeure Event" unless it satisfies all the

following conditions:

a) Materially and adversely affects the performance of an obligation;

b) Are beyond the reasonable control of the affected Party;

c) Such Party could not have prevented or reasonably overcome with the

exercise of Good Industry Practice or reasonable skill and care;

d) Do not result from the negligence or misconduct of such Party or the failure of

such Party to perform its obligations hereunder;

e) Which, by it or consequently disables either party to perform its respective

obligations under this agreement.

10 Mitigation:

The Party claiming to be affected by a Force Majeure Event shall take all

reasonable steps to prevent, reduce to a minimum and mitigate the effect of such

Force Majeure Event. The affected Party shall also make efforts to resume

performance of its obligations under this Agreement as soon as possible and upon

resumption, shall forthwith notify the other Party of the same in writing.

11. Default and Termination:

11.1 Selected Organization - Event of Default

For the purposes of this Agreement, each of the event or circumstance, to the extent

not caused by a default of EPCO or Force Majeure Event, shall be considered, as

events of default of the selected expert agency (the "selected Organization Event of

Default") which, if not remedied within the Cure Period of 7 days upon receipt of

written notice from EPCO shall provide EPCO the right to terminate this Agreement.

11.2 EPCO – Event of Default

For the purposes of this Agreement, each of the event or circumstance, to the extent

not caused by a default of the selected organization or is not Force Majeure Events,

shall be considered, as events of default of EPCO ("EPCO –Event of Default"), which

shall provide the selected organization the right to terminate this Agreement.

11.3 Notice of Termination

11.3.1 Without prejudice to any other right or remedies which the non-defaulting

Party may have under this Agreement, upon the occurrence of either a selected

organization Event of Default or a EPCO Event of Default, the defaulting Party shall

be liable for the breach caused and consequences thereof and the non-defaulting

Party shall have the right to issue a notice expressing its intention to terminate this

Agreement to the other Party (the "Notice of Intention to Terminate"). Upon the

issuance of a Notice of Intention to Terminate, the defaulting Party shall have the

right to rectify or cure the breach within 7 days of receipt of such Notice of Intention

to Terminate ("Cure Period"). If the breach is not rectified by the defaulting Party

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within the Cure Period, the non-defaulting Party shall have the right to terminate this

Agreement by issuance of a termination notice (the "Termination Notice").

Notwithstanding anything contained in the Agreement, the selected organization

cannot exercise the right to issue Notice of Intention to Terminate after 30 days after

signing this agreement.

11.3.2 Save and except as otherwise provided in this agreement and without

prejudice to any other right or remedy which EPCO may have in respect thereof

under this Agreement, upon the occurrence of any breach by the selected

organization under this Agreement including any Event of Default, EPCO shall be

entitled to appropriate the Performance Security and to terminate this Agreement by

a communication in writing (the "Termination Notice") to the selected organization, if

it has failed to cure such breach or default within the period provided for in the same

notice.

12. Dispute and its resolution:

Save where expressly stated to the contrary in this Agreement, any dispute,

difference or controversy of whatever nature howsoever arising under, out of or in

relation to this Agreement, between the Parties and so notified in writing by either

Party to the other (the "Dispute") in the first instance shall be attempted to be

resolved in accordance with the procedure set forth below.

12.1 Amicable Resolution

In the event of any Dispute between the Parties, either Party may call upon the

Director General, EPCO, to mediate and assist the Parties in arriving at an amicable

settlement thereof. The decision of DG EPCO shall be binding on both the parties.

12.2 Arbitration

12.2.1 Any Dispute, which is not resolved amicably, as provided above, shall be

finally decided by reference to Arbitration by a Board of Arbitrators appointed as per

the provisions of the Arbitration & Conciliation Act, 1996 and any subsequent

amendment thereto. Such arbitration shall be held in accordance with the Rules of

Arbitration of the Indian Council of Arbitration and shall be subject to the provisions of

the Arbitration and Conciliation Act, 1996 and as amended from time to time

thereafter.

12.2.2 The jurisdiction of all the challenges arising out of the agreement or to its

implementation shall be in the district court of Bhopal and High Court in Madhya

Pradesh.

12.3 Arbitration Awards to be binding

a) The selected organization and EPCO undertake to carry out any decision or

award of the arbitrators ("Award") without delay. Awards relating to any dispute

shall be final and binding on the Parties from the date they are made.

b) The selected organization and EPCO agree that an Award may be enforced

against the selected organization and EPCO as the case may be and their

respective assets wherever situated.

c) This Agreement and rights and obligations of the Parties shall remain in full

force and effect pending the Award in any arbitration proceeding hereunder.

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13. Governing law and jurisdiction:

This Agreement shall be construed and interpreted in accordance with the Applicable

Laws and the Courts in Madhya Pradesh shall have jurisdiction over all matters

arising out of or relating to this Agreement.

14. Survival:

Termination of this Agreement (a) shall not relieve the selected organization or

EPCO of any obligations hereunder which expressly or by implication survives

Termination hereof, and (b) except as otherwise provided in any provision of this

Agreement expressly limiting the liability of either Party, shall not relieve either Party

of any obligation or liability for loss or damage to the other Party arising out of or

caused by acts or omissions of such Party prior to the effectiveness of such

Termination or arising out of such termination.

15. Entire agreement:

This Agreement and the RFP document along with its annexure constitute a

complete and exclusive statement of the terms of the agreement between the Parties

on the subject hereof and no amendment or modification hereto shall be valid and

effective unless expressly previously approved in writing by EPCO and executed by

the person expressly authorised by a resolution of the selected organization in this

behalf.

16. Notices:

Any notice or other communication to be given by a Party to the other Party under, or

in connection with the matters contemplated by this Agreement shall be in writing and

shall:

a) in the case of the selected organization, be marked for the attention of the

person set out opposite the corresponding signature below or to such other

address marked for such other attention as the selected organization may from

time to time designate by notice to the EPCO provided that notices or other

communications be confirmed by sending a copy thereof by registered

post/Speed post or by courier and/or also be sent by facsimile to the number

as the selected organization may from time to time designate by notice to

EPCO; and

b) In the case of EPCO be given by letter and be addressed to the Executive

Director of EPCO, Copy of all the notices shall also be sent by registered

acknowledgement due.

17. Severability:

If for any reason whatever any provision of this Agreement is or becomes invalid,

illegal or unenforceable or is declared by any court of competent jurisdiction or any

other instrumentality to be invalid, illegal or unenforceable, the validity, legality or

enforceability of the remaining provisions shall not be affected in any manner, and

the Parties will negotiate in good faith with a view to agreeing one or more provisions

which may be substituted for such invalid, unenforceable or illegal provisions, as

nearly as is practicable to such invalid, illegal or unenforceable provision. Failure to

agree upon any such provisions shall not be subject to dispute resolution under this

Agreement or otherwise.

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18. No Partnership:

Nothing contained in this Agreement shall be construed or interpreted as constituting

a partnership between the Parties. Neither Party shall have any authority to bind the

other in any manner whatsoever.

19. Counterparts:

This Agreement may be executed in two counterparts, each of which when executed

and delivered shall constitute an original of this Agreement.

IN WITNESS WHEREOF THE, PARTIES HAVE EXECUTED AND DELIVERED

THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN

For and on behalf of the EPCO by

______________(Signature)

______________(Name)

______________(Designation)

SIGNED, SEALED AND DELIVERED

For and on behalf of the selected

organization by:

______________(Signature)

______________(Name)

______________(Designation)

SIGNED, SEALED AND DELIVERED

In the presence of:

1.

2.

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ANNEXURE - VIII

UNCONDITIONAL BANK GUARANTEE

FOR

PERFORMANCE SECURITY

(To be issued by Nationalised Bank)

(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)

1. In consideration of

the......................................................................................... (hereinafter referred to as

“the Client”) having agreed to exempt

M/s…………………………….......................................(hereinafter referred to as “the

Organisation/ Agency/ Firm”) from the demand, under the terms and conditions of

agreement dated………….. made between ……………… And

………………………………………… (hereinafter called “the Agreement”) for

performance security for the due fulfilment by the said Consultants of the terms and

conditions contained in the said agreement on production of Bank Guarantee for

`……………………. (in figures) `……………………………………………….……… (in

words) only. We……………………………. (hereinafter referred to as “the Bank”) do

hereby undertake to pay to Client an amount not exceeding

`………………………………………. against any loss or damage caused to or

suffered or would be caused to or suffered by the Client by reason of any breach by

the said Organisation/ Agency/ Firm of any of the terms and conditions contained in

the said agreement.

2. We…………………………… (Bank), having its head office at................. do

hereby guarantee and undertake to pay the amount due and payable under this

guarantee without any demure merely on a demand from the Client stating that the

amount claimed is due by way of loss or damage caused to or suffered by the Client

by reason of any breach by the said Organisation/ Agency/ Firm of any of the terms

and conditions contained in the said agreement or by reason of the Organisation/

Agency/ Firms' failure to perform the said agreement. Any such demand made on the

Bank shall be conclusive as regard the amount due and payable by the Bank under

this guarantee. However, our liability under this guarantee shall be restricted to an

amount not exceeding `………….……... (in figures) `

……………………………………(in words)

3. We …………………. (Bank) further agree that the guarantee herein contained

shall remain in full force and effect during the period that would be taken for the

performance of the said agreement and that it shall continue to be enforceable till all

dues of the Client under or by virtue of the said agreement have been fully paid and

its claim satisfied or till Client certifies that the terms of the said agreement have

been fully and properly carried out by the said Organisation/ Agency/ Firm and

accordingly discharges the guarantee. Unless a demand or claim under this

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guarantee is made in writing on or before ……………………… (date) we shall be

discharged from all liability under this guarantee thereafter.

4. We…………………………………… (Bank) further agree with the Client that

the Client shall have the fullest liberty without our consent and without effecting in

any manner obligations here under to vary any of the terms and conditions of the

said agreement or to extend time of performance by the said Consultants from time

to time or to postpone for any time or from time to time any of the powers exercisable

by the Client against the said Organisation/ Agency/ Firm and to force-bear or

enforce any of the terms and conditions relating to the said agreement and we shall

not be relieved from our liabilities by reason of any such variation or extension having

granted to the said Organisation/ Agency/ Firm for any forbearance act or

commission on the part of the Client or any indulgence by the Client of the said

Organisation/ Agency/ Firm or by any such matter or thing whatsoever which under

the law relating to sureties would, but for this provision, have effect of so relieving us.

5. We …………….. (Bank) hereby also undertake to have the signature of

Branch Manager issuing the Bank Guarantee verified from the local branch of the

bank in Madhya Pradesh.

6. We ………………… (Bank) lastly undertake not to revoke this guarantee

during its currency except with the previous consent of the Client in writing.

Dated the……………………day of…………………..20…....... at……………

WITNESS

_____________________ ________________________

(Signature) (Signature)

_____________________ ________________________

(Name) (Name)

_______________________

____________________________

_______________________

____________________________

_______________________

____________________________

Official Address & Designation

(With bank stamp)

Attorney as per Power of

Dated__________Number________