Government of Haryana Public Works (B&R) Department “ONLINE REQUEST FOR PROPOSAL” (RFP) FROM EVENT MANAGEMENT FIRMS FOR Conceptualizing, Producing, Directing & Executing a Grand Opening Ceremony to celebrate Haryana Swaran Jayanti Celebrations at Tau Devi Lal Stadium, Gurugram.
Bid Amount : Rs.7.50 crores
TABLE OF CONTENTS 1.
INSTRUCTIONS TO BIDDERS
PURCHASE AND DOWNLOADING OF TENDER FORMS:
SCOPE OF WORK
COST OF TENDER
EARNEST MONEY DEPOSIT
PRE BID CONFERENCE
RESPONSE TO THE BIDDERS
SUBMISSION OF PROPOSAL
CONFIDENTIALITY OF RFP DOCUMENT
DOCUMENTS TO BE SUBMITTED WITH THE BID
EVALUATION OF BIDS
DECLARATION OF SUCCESSFUL BIDDER
NOTIFICATION OF AWARD
SIGNING OF CONTRACT
AWARD OF CONTRACT
TERMS OF PAYMENT
TERMS AND CONDITIONS
CONFIDENTIALITY OF INFORMATION
GENERAL CONDITIONS OF CONTRACT (GC)
SWARN JYANTI CELEBRATIONS Govt. of Haryana has decided to celebrate Sawarn Jayanti of State of Haryana from 1st November 2016 to 31st October 2017. It has been decided that a grand opening ceremony of Haryana Swarn Jayanti Celebrations will be held on 1st November 2016 at Tau Devi Lal Stadium, Sector- 38 Gurugram. Sawarn Jayanti Celebrations would be organized continuously for one year i.e. from 1st November 2016 to 31st October 2017 by holding various cultural activities, sports, tournaments speech competitions etc. including grand opening by Prime Minister of India. State Govt. instances to show case history, economic progress and achievements of State over the last five decade since Haryana became Independent State of India. OPENING CEREMONY EVENT The Opening Ceremony will be held on 1st of November 2016 at Tau Devi Lal Stadium, Sector-38, Gurugram. The ceremony must aim at being ice breaker for the terms for the officials, spectators and general public of Haryana. The Client i.e. PWD (B&R), Haryana in its vision statement, looks at the event being the best with impeccable standards of services to officials, spectators and general public and a flawless conduct of the Event. In doing so it wants to leave a legacy for future. In delivering the best Govt. of Haryana through PWD (B&R) Department will: • • •
Showcase the growth of Haryana in the field of agriculture, defence, infrastructure and industrialization etc. Showcase the culture and heritage of Haryana especially Gurugram. Project India as a Global Golden Jubileeing destination and leave behind a lasting legacy.
SUMMARY OF BID This Online Request for Proposal issued by Client i.e. PWD (B&R), Haryana is to obtain Bid from Event Management Firms required for Conceptualize, Plan, Design, Organize, Produce, Coordinate, Direct, Manage, Execute and Deliver the Opening & Closing Ceremonies of the Opening ceremony event to be held on 1st November 2016. The Opening Ceremony will be the largest event of its kind to be held in Gurugram (Haryana) on 1st November 2016 respectively. The Opening Ceremony will be held at Tau Devi Lal Stadium, Sector-38, Gurgaon with a live audience of up to 10000-15000 people and will be witnessed globally by millions of people. In the Opening ceremony event there will be approximately 250 or more participants and Event Officials, minimum 250 volunteers, International media, VIP’s, Dignitaries, and other officials.
The successful bidder will be required to work for the Client i.e. PWD (B&R), Haryana with the Golden Jubilee Celebration Authority to fully develop the creative theme and core elements of Ceremonies. The successful bidder will be required to organize, produce, coordinate, direct, manage, execute and deliver the Opening Ceremony of the Golden Jubilee Celebrations based upon the approved themes & elements and also provide inputs to the Golden Jubilee Celebration Authority and Client i.e. PWD (B&R), Haryana.
INSTRUCTIONS TO BIDDERS 1.1
Document Download: Tender documents may be downloaded from https://haryanaeprocurement.gov.in as per the schedule as given in CRITICAL DATE SHEET as under.
CRITICAL DATE SHEET Published Date
Bid Document Download Date
04.09.2016 : 17.01 hrs onwards
Pre bid meeting
Bid Submission Start Date
04.09.2016 : 17.01 hrs.
Bid Submission End Date
15.09.2016 : 21.00 hrs
Technical Bid Opening Date
16.09.2016 : 14.01
Financial Bid opening Date
To be announced later on.
Bid Submission: Bids shall be submitted online only at website : https://haryanaeprocurement.gov.in Manual bids shall not be accepted. Tenderer/Contractor are advised to follow the instructions “Instructions To Bidder for Online Bid Submission” provided in the Annexure for online submission of bids - .
Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document.
PURCHASE AND DOWNLOADING OF TENDER FORMS:
Document Download: Tender documents may be downloaded from website https://haryanaeprocurement.gov.in as per the schedule as given in CRITICAL DATE SHEET.
Tender forms will not be sold/ issued manually.
Only those Tender offers shall be accepted for evaluation for which non-refundable Tender Document Fee and Tender Processing Fee as mentioned in the Tender items list, in the form of Bid Security has been submitted by the bidder.
3. BACK GROUND 3.1
Eligibility Criteria The agencies intending to bid for appointment as Event Management Firm for organizing Opening Ceremony for celebrating 50 years of Haryana State at Tau Devi Lal Stadium, Gurugram shall fulfill the following per-qualification criteria:
Minimum three years’ experience in handling a Mega Event or a similar event (define) on a turnkey basis.
Prior experience of conceptualizing and managing at least one Opening or Closing Ceremony of any Golden Jubilees Event in India or abroad with a project cost of Rs. 7.5 Crore or more (during the last five years).
Prior experience in coordinating large contingents of school children for ceremonies (minimum of 500 school children).
An average annual turnover should be not less than INR 15 crores during the last three years (2015-16, 2014-15, 2013-14) or a total turnover of INR 75 Crore in the last 5 years. Must have Income Tax PAN, TIN/Sales Tax, Service Tax Registration, etc. Well-developed network for sourcing artists of national and international repute and
technical equipment. Have a registered functional office in India for at least last 5 years.
RFP Process The Successful Bidder will be responsible to Conceptualize, Plan, Design, Organize, Produce, Coordinate, Direct, Manage, Execute and Deliver the Opening Ceremony for celebrating 50 years of Haryana State at Tau Devi Lal Stadium, Gurugram and to coordinate the support of the government agencies in India. All Bids should be made so as to accommodate this model.
The RFP is only illustrative in nature and all narrations are intended to be used by the applicant as a preliminary back ground explanation. This RFP does not necessarily contain all relevant information and client i.e. PWD(B&R) ,Haryana reserves the right to amend its requirement or the information contained in this document at any time before submission of tender documents.
Client i.e. PWD (B&R), Haryana, its advisers, or any of their representatives, offer no warranties in regard to the information contained in this RFP and shall not be liable for any loss or damage as it relates to this RFP for any applicant, potential applicant or any third party arising as a result of reliance on this RFP’s information or any subsequent communication.
If Client i.e. PWD (B&R), Haryana, decides to select an applicant for the services, at that time a detailed Work Order will be issued to the selected applicant, which is subject to review, re-consideration, amendment and or change, based on the requirements of Client i.e. PWD (B&R), Haryana. This Work Order will not be made available until the selection of a successful applicant.
Neither the RFP document nor any other related document shall constitute a contract or agreement with Client i.e. PWD (B&R), Haryana except the awarded contract, as where specifically referenced in ANNEXURE-A.
Client i.e. PWD (B&R), Haryana reserves the right to: a.
Rank the bidders as per the Comparative Bid.
Correct/alter/add/modify/change/delete requirements from the Scope of Work at any stage and even after the award of contract.
Accept or reject any or all Bids, even the lowest or the most competitive commercial bid in its absolute discretion, without assigning any reason thereof. d. In the event of any misstatement or misrepresentation being discovered or c.
detected in the information furnished/documents uploaded by the bidder in response to this RFP or at any later stage or in the event of any contravention by the bidder of the conditions or criteria stipulated by Client i.e. PWD (B&R), Haryana, the appointment/ engagement of the bidder shall stand terminated or canceled and no further fees shall be payable or be paid by Client i.e. PWD (B&R), Haryana to the bidder and the Earnest Money Deposit/Performance Security, as applicable, submitted by the bidder shall be forfeited forthwith by Client i.e. PWD (B&R), Haryana without any further notice. e.
Recall or cancel the process of engagement of the bidder under the RFP at any time and to invite fresh bids in respect of the mandate herein proposed.
Extend the time for submission of bids at its sole discretion at any time prior to the due date in case of any amendments in the RFP. The amended RFP will be duly notified on the website and the same will be binding on all the bidders
Discontinue the services of the appointed or engaged bidder at any point of time on account of non- satisfactory performance by the bidder or any other reason, which Client i.e. PWD (B&R), Haryana feels appropriate.
Client i.e. PWD (B&R), Haryana will not be liable for any costs for the Bid Process of any applicant participating in this RFP, even if the bid is recalled or canceled, for any reasons whatsoever. The bidder shall be responsible for all costs incurred in connection with participation in the RFP process, including, but not limited to costs incurred in conduct of informative and other diligence activities, participation in meetings/discussions/presentations, preparation of proposal, in providing any additional information required by Client i.e. PWD (B&R), Haryana to facilitate the evaluation process.
The submission of a response to this RFP by any Bidder or potential Bidder confirms the Bidder or potential Bidder’s acceptance of all terms and conditions of this RFP and the amended terms and conditions. Further the Bidder acknowledges that it has: a.
Understood and examined the Scope of Work and other information made available in writing by Client i.e. PWD (B&R), Haryana to the Bidder for the purpose of the RFP.
Examined all information relevant to the risks, contingencies and other circumstances that could affect the RFP. c. Satisfied itself as to the correctness and sufficiency of the RFP b.
If the Bidder finds any discrepancy or error in this RFP, it must notify Client i.e. PWD (B&R), Haryana in writing of such discrepancy or error at or before the Meeting date as scheduled under point- 7 Timetable. Bidders to this RFP or their agent may not make any contact with any party
employed by or directly associated with Client i.e. PWD (B&R), Haryana or any of its government partners regarding this RFP. Any clarifications and all information will be via e-mail only to [email protected]
, [email protected]
No queries shall be entertained by Client i.e. PWD (B&R), Haryana after 1700 hrs IST 15.09.2016. 4.
SCOPE OF WORK
Conceptualize, Plan, Design, Organize, Produce, Coordinate, Direct, Manage, Execute and Deliver Opening & Closing Ceremonies of the Event, after the approval of the concept of this event by Golden Jubilee Celebration Authority and Client i.e. PWD (B&R), Haryana.
Developing a Theme Song, sourcing, appointing, directing and managing of performers and other creative elements of the ceremonies in tandem with Golden Jubilee Celebration Authority and Client i.e. PWD (B&R), Haryana. Monitoring the day to day operations for the ceremonies. Logistics and production planning for the ceremonies. Ensuring adherence to all the policies related to the Risk Management, Manpower Management, etc. as per govt of India regulations.
iii) iv) v)
Liaison with concerned authorities for effective venue management planning, coordination and execution.
All activities to be conducted in relation to the Opening ceremony are to be created, planned and managed as part of the Ceremonies responsibilities, including VIP welcome, to interact with the cultural departments, coordinating time for arrival, departure of the VIPs and officials for Opening Ceremony including catering services for the forecast crew and performers for rehearsals and the Opening ceremony.
The successful Bidder shall ensure, through high quality communication and reporting (in writing), that Client i.e. PWD (B&R), Haryana is kept informed of issue(s), if any, that may arise and necessitate changes in the scope, variation or delays.
The Opening ceremony event has identified key activities within the planning phases leading up to the event. Within each Key activities, a number of tasks and elements have also been identified. These have been indicating in Annexure B.
Ensure smooth execution, production and delivery of the Ceremonies in accordance with the requirements of the Client i.e. PWD (B&R), Haryana. (Annexure C).
Submit the weekly reports with documented proof about work in progress till the end of the contract.
COST OF TENDER AND E-SERVICE FEE
Tender Document Fee INR 15000 (Rupees Fifteen Thousand) and E-Service Fee of INR 1000 (Rupees One Thousand) shall be paid online through the e-tendering website only.
EARNEST MONEY DEPOSIT
6.1 The Earnest Money amounting to Rs.30,00,000/- (Rupees Thirty lacs) shall be in favour of concerned Executive Engineer as named in Appendix and may be in one of the following forms: a.
Receipt in challan of cash deposit in the Govt. Treasury in Haryana.
Deposit-at-call Receipt from any scheduled Indian Bank or a foreign Bank located in India and approved by the Reserve Bank of India.
Indian Post Office/ National Savings Certificate duly endorsed by the competent postal authority in India.
Bank Guarantee from any scheduled Indian bank, in the format given in the Bid Document.
Fixed Deposit Receipt, a certified cheque or an irrevocable letter of credit, issued by any Scheduled Indian Bank or a foreign Bank approved by the Reserve Bank of India.
Bank guarantees (and other instruments having fixed validity) issued as surety for the bid shall be valid for 45 days beyond the validity of the bid.
Bidders shall submit /upload scanned copy of EMD online along with their Bids, Hard Copy of original instruments of the same EMD of INR 30, 00, 000/- (Rupees Thirty Lakhs) only, are to be submitted in the form described above in favor of the, Executive Engineer Provincial Division No.II, PWD (B&R) Gurgaon. at the office of Executive Engineer, Provincial Division No.II, PWD (B&R) Gurgaon, on or before scheduled bid submission end date and time given in this RFP. Bid security in any other form will not be accepted. 6.3 The bid securities of all unsuccessful bidders will be refunded by the Client i.e. PWD (B&R), Haryana after the award of contract. (The bid security, for the amount mentioned above, of successful bidder will be returned upon submission of Performance Guarantee) 6.4 The bid security amount is interest free and will be refundable to the unsuccessful bidders without any accrued interest on it. 6.5 The bid submitted without bid security, mentioned above, will be summarily rejected. 6.6 The Earnest Money will be forfeited on account of one or more of the following reasons: • The bidder withdraws its Bid during the validity period specified in RFP. • The bidder does not respond to requests for clarification of its Bid. • The bidder fails to provide required information during the evaluation process or is found to be non-responsive or has submitted false information in support of its qualifications. • In case a successful bidder fails to sign the Agreement in time; or does not furnish the mandatory Performance Security. • The bidder materially alters his bid during the bid processing period.
The RFP time table is given below. Client i.e. PWD (B&R), Haryana retains the right to vary or discontinue the process or any part thereof at its absolute discretion.
Non- Refundable Tender document cost and E-service fee
INR 15000 and INR 1000 respectively
Publishing of RFP through e-tender
Earnest Money Deposit
Date of Pre-Bid meeting
9.9.2016 at 1400 hrs at Conference Hall, Haryana Bhawan , Copernicus Marg, New Delhi
Last date (deadline) for receipt of proposals in response to RFP notice (online only)
Place, Time and Date of opening of Technical proposals received in response to RFP notice Place, Time and Date of opening of Commercial proposals received in response to the RFP notice Contact Person for queries Addressee and Address at which proposal in response to RFP notice is to be submitted
15.09.2016, 2100 hrs
16.09.2016, 1401 hrs, at Gurugram Date, Time and Venue shall be intimated to the technically qualified Bidders Ceremonies FA Head
Superintending Engineer, Gurgaon Circle, PWD (B&R), Gurgaon, (Haryana)
Note: All the Pre Bid Queries would be accepted in written format i.e. via e-mail only sent at [email protected]
, [email protected]
, Telephone No.01242321494, 0124-2300891
10 | P a g e
Client i.e. PWD (B&R), Haryana will host a Pre-Bid Conference, scheduled on 26.08.2016 at 1100 hrs at the Conference Hall, Haryana Bhawan, Copernicus Marg, New Delhi. The representatives of the interested organizations may attend the prebid conference at their own cost. The purpose of the conference is to provide bidders with information regarding the RFP and the proposed solution requirements with reference to the particular RFP. The Client i.e. PWD (B&R), Haryana shall provide each bidder with an opportunity to seek clarifications regarding any aspect of the RFP and the project during the pre-bid conference. Only those bidders who have purchased the tender document shall be allowed for pre-bid conference.
RESPONSE TO BIDDER’S QUERIES
All inquiries from the bidders relating to this RFP must be submitted exclusively to the contact person at the given email address. The queries should necessarily be submitted in the following format:
<> BIDDER’S REQUEST FOR CLARIFICATION Name of Organization submitting request
Name & position Full formal address of the of person organization including phone, fax submitting and email, points of contact & request contact details of local office as well Tel: Fax: Email:
Bidding Document Reference(s) (section number/page)
Content of RFP
Points of Clarification required.
All inquiries should be sent to Client i.e. PWD (B&R), Haryana through email only. The Client i.e. PWD (B&R), Haryana shall not be responsible for ensuring that bidders’ inquiries have been received by them. Client i.e. PWD (B&R), Haryana shall provide a complete, accurate, and timely response to all questions to all the bidders. However, Client i.e. PWD (B&R), Haryana makes no representation or warranty as to the
11 | P a g e
completeness or accuracy of any response, nor does Client i.e. PWD (B&R), Haryana undertake to answer all the queries that have been posed by the bidders. All responses given by Client i.e. PWD (B&R), Haryana will be distributed to all the bidders.
SUBMISSION OF PROPOSAL
Bids shall be submitted online only at website: https://haryanaeprocurement.gov.in Tenderer/Contractor are advised to follow the instructions “Instructions To Bidder for Online Bid Submission” provided in the Annexure “ ” for online submission of bids - . Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document.
The tender shall be submitted online in two part, viz., technical bid and Commercial bid. The offers submitted by Telegram/Fax/email shall not be considered. No correspondence will be entertained in this matter.
TECHNICAL BID 10.1
All documents are to be uploaded online in PDF or scanned copies online.
The Applicant is required to upload :
Scanned copy of proof of online deposit of Tender cost and processing fees.
Scanned copy of E.M.D of Rs. 30,00,000/- should be paid as per paragraph 6.1
Bid documents submission and purchase as mentioned in Paragraph 2.1
Technical Bid documents (with complete element sheet) to be uploaded as mentioned from points 13.1.1 to 13.1.11 of paragraph 13.
Potential applicant must complete and sign the Undertaking at ANNEXURE A.
10.2.1.7 The Proposal should be filled by the bidder in English language only. 10.3 Bidders needs to upload tender Acceptance Letter separately as per Annexure I 10.4
The Bids documents submitted must be without any overwriting, interlineations, corrections, double typing, etc. Any overwriting/ corrections etc. shall be initialed by the Bidder.
Bidder must ensure that the Technical Bid soft copies/uploaded do not contain any Commercial items /prices.
If any bidder does not qualify in technical evaluation, the Commercial Proposals will not be opened.
12 | P a g e
The Bids shall be valid for a period of 120 days from the date of bid closing i.e. from last date of manual submission of EMD. A Bid valid for a shorter period may be rejected as non responsive. On completion of the validity period, unless the bidder withdraws the Bid/ proposal in writing, it will be deemed to be valid until such time that the bidder formally (in writing) withdraws the same.
In exceptional circumstances, at its discretion, Client i.e. PWD (B&R), Haryana may solicit the bidder's consent for an extension of the validity period. The request and the responses thereto shall be made in writing or by fax or email.
The sealed envelope containing the Bids (Envelope #1, #2 ,and #3) must be received st
in the office of the Superintending Engineer PWD (B&R) Gurugram- from 31 August nd
2016 to 2 September 2016 11 AM. Envelopes/documents received after the stated time and date will be rejected and returned unopened. 10.10
The Bids should be delivered in a plain sealed package clearly endorsed with the enclosed RFP Return Label, as follows:
“CONFIDENTIAL RFP DOCUMENTATION DO NOT OPEN: EVENT MANAGEMENT FIRM FOR OPENING CEREMONY FOR CELEBRATING 50 YEARS OF HARYANA STATE AT TAU DEVI LAL STADIUM,GURUGRAM” 10.11
The bid should be unconditional. In case of any condition, the bid shall be treated as non-responsive and be disqualified.
The bid should be only in the prescribed format. It should also be accompanied by all the requisite documents.
The Bid Cover should carry the complete name and address of the bidder, along with the telephone, fax and e-mail address.
In the event of the receipt of the Bid, after the due date, the Bid Cover shall be returned “Unopened” to the bidder.
10.15.1 Besides other conditions and terms highlighted in the Tender document, bids may
be rejected under any of following circumstances: Technical Bids 1.
Incomplete bids that do not quote for the complete Scope of Work as indicated in the bidding documents, addendum (if any) and any subsequent information given to the bidder.
Bids providing information that is found to be incorrect/misleading at any stage/time during the Tendering process.
13 | P a g e
Technical Bid containing commercial details.
Bids that reveal prices in any form or by any means before opening the Commercial Bid. Bids not containing EMD as mentioned in the Instructions to Bidder of bid document.
Client i.e. PWD (B&R), Haryana reserves the right to accept any bid and to annul the tender process and reject any or all the bids at any time prior to award of work, without incurring any liability towards affected applicant(s)or to inform the affected applicant(s)of the grounds of such annulment rejection.
Commercial Bids made through Tele fax/Telegraphic/Fax/E-mail.
Bids which do not confirm unconditional validity of the bid for 120 days from date of bid closing i.e. from last date of manual submission of EMD. Bids which do not conform to Client i.e. PWD (B&R), Haryana bid format.
Bids in respect to which the bidder does not accept Client i.e. PWD (B&R), Haryana rectification of clerical/arithmetic discrepancies in the commercial bid, if any.
Any Commercial Bid that does not comply with the conditions laid down by Client i.e. PWD (B&R), Haryana.
Bids that do not confirm the unconditional acceptance of full responsibility of executing the “Scope of Work” or the amended scope of work, as deemed appropriate by Client i.e. PWD (B&R), Haryana of this tender.
Bids in which the bidder seeks to influence the Client i.e. PWD (B&R), Haryana bid evaluation, bid comparison or contract award decisions.
Client i.e. PWD (B&R), Haryana will first open the technical bids. If the same is not complete and lacking with respect to any requirement(s), the same would be rejected straightaway & without opening the commercial bid.
By adopting the procedure at (13) above, the commercial bids of those bidders, whose technical bid(s) are found acceptable, shall be opened and processed further as per rules laid down for the same.
Bids that are submitted later than the Bid Schedule will be rejected.
CORRECTION OF ERROR
14 | P a g e
Bidders are advised to exercise adequate care in quoting the prices. No excuse for corrections in the quoted figures will be entertained after the commercial proposals are received by Client i.e. PWD (B&R), Haryana.
Arithmetic errors in proposals will be corrected as follows: In case of discrepancy between the amounts mentioned in figures and in words, the amount in words shall govern. The amount stated in the proposal form, adjusted in accordance with the above procedure, shall be considered as binding, unless it causes the overall proposal price to rise, in which case the proposal price shall govern.
PRICES AND PRICE INFORMATION
No adjustment of the price quoted in the Commercial Proposal shall be made on account of any variations in cost of labor and materials, currency exchange fluctuations with international currency or any other cost component affecting the total cost in fulfilling the obligations under the contract
The price quoted in the Commercial Proposal shall be the only payment, payable by Client i.e. PWD (B&R), Haryana to the successful Bidder for completion of the contractual obligations by the successful Bidder under the Contract, subject to the terms of payment specified as in the proposed commercial bid or the ones agreed between Client i.e. PWD (B&R), Haryana and the Bidder after negotiations. The price would be inclusive of all taxes, duties, charges and levies as applicable.
The prices, once offered, must remain fixed and must not be subject to escalation for any reason whatsoever within the period of the validity of the proposal and the contract. A proposal submitted with an adjustable price quotation or conditional proposal may be rejected as non-responsive.
It is mandatory to provide break-up of all taxes, duties and levies wherever applicable and/or payable. All the taxes of any nature whatsoever shall be borne by the Bidder including any additional taxes/levies due to change in tax rates.
All costs incurred due to delay of any sort, shall be borne by the Bidder.
Client i.e. PWD (B&R), Haryana reserves the right to ask the Bidder to submit proof of payment against any of the taxes, duties, levies indicated within specified time frames.
CONFIDENTIALITY OF RFP DOCUMENT This Document is confidential and the bidder is required to furnish an undertaking that anything contained in this RFP shall not be disclosed in any manner, what so ever. The undue use by any bidder of confidential information related to the process may result in rejection of its Bid.
15 | P a g e
Applicants will submit their technical Bid online & in hard copy in three parts. Envelope cover #1 Technical bid will contain the Tender Document Fee, E-service Fees and the Earnest Money Deposit (EMD),The Envelope cover #2 will be for the Eligibility Criteria and the Envelope cover #3 will contain the Technical Bid. Envelope#1: Tender Document Fee, E-Service Fees and Earnest Money Deposit As indicated in paragraph 5 and paragraph 6 respectively. Envelope#2: Eligibility Criteria As indicated in paragraph 3.1.1 to 3.1.9 Envelope#3: Technical Bid As indicated in paragraph 13.1.1 to 13.1.11 of paragraph 13.
The Pre - Qualification Bid should be submitted in a sealed envelope marked as “PreQualification Bid” and should be up loaded.
The Technical Bid should be submitted in a sealed envelope marked as “Technical Bid” & should be uploaded .
The “Commercial Bid” should only be submitted online and is NOT to be submitted in hard copy.
The three sealed envelopes of technical bid should then be submitted in one sealed envelope bearing the address information as outlined in paragraph (10.9) and should reach the addressee before the bid closing date i.e. envelope 1 containing Tender Document Fee, E-Service Fees and Earnest Money Deposit, envelope 2 Eligibility criteria non evaluating documents and envelope 3 Technical bid Eligibility criteria evaluation documents.
DOCUMENTS TO BE SUBMITTED WITH THE BID TECHNICAL BID The Technical Bid Envelope/cover should contain three envelopes, one containing the DD’s , second containing the Evaluation Documents and the other containing Non-evaluation Documents. The envelopes should be clearly labeled with the same. One enclosure will contain past experience in the field as specified below at Column I under clause 13.1 of this RFP. The other enclosure should contain the concept. This enclosure should contain the details specified at Column II under Clause 13.1 of this RFP. Each envelope should be clearly labeled .
13.1 Evaluation Documents: I. 16 | P a g e
Details of involvement and experience with mega Events or similar events and coordinating large contingents of school children for Ceremonies. (Notarized copies)
Details of creative and innovative ideas executed in the past mega Events or similar events.
Details of creativeness and innovations of proposed theme and concept (based on Concept note provided by Client i.e. PWD (B&R), Haryana at Annexure-H) for the Opening Ceremony for celebration of 50 years of Haryana State at Tau Devi Lal Stadium, Gurugram.
Details of proposed Core Project Personnel to work for these events and their roles, designations and previous relevant experience.
Clearly articulate the lists of support and services intended to be provided by the applicant.
Propose a management model to deliver the Scope of Work Methodology and timeline of clearly spelt out deliverables Non-Evaluation Documents:
Audited financial statements of last 5 years as proof of eligibility criteria mentioned in 3.1.4.
Proof of fully functional office in India for at least 3 years and a declaration that after the award of the contract Bidder will have fully functional branch office in Gurugram within a specified time for the purpose of the contract. 13.1.9 Full address and proof of the registered office of the Bidder. 13.1.10 Sales Tax/VAT/Service Tax Clearance Certificate either from State or from Central
Government (where ever applicable) having Tax paid up to June 2016 and proof of Tax paid thereafter. 13.1.11 If Sales Tax/VAT Clearance Certificate is not possible to submit along with tender, proof of application made for getting Sales/VAT Clearance Certificate having acknowledged by the Sales Tax Department should be submitted along with tender form and Sales Tax/VAT Clearance Certificate should be submitted before Opening of Commercial Bid. Failure to do so will be liable for the tender to be rejected. Kindly refer to Paragraph 15.1.1 for technical bid evaluation. 13.2
The Bidder is required to submit the Commercial Bid online incorporating the following two heads:
Ceremonies Management Fee
Ceremonies Management Fees in Rupees (lump sum amount) to cover all administrative expenses for providing expertise and support in the event
17 | P a g e
management of the Opening Ceremony. b)
The cost indicated by the applicant should be inclusive of all taxes.
Bidder must give a detailed breakup of the expenditure heads with respect to the quote. This Ceremonies Management Fees will cover the following components: • • • • • •
Creative Concept Fee Travel and accommodation Technical equipment /support for office setup throughout the tenure of the agreement. Food and beverages for production crew, artists and performers during rehearsals and Ceremonies Communication Equipment And any additional expenditure heads as part of the Ceremonies Management Fees.
Please note that the above mentioned list is only indicative and not exhaustive. The Even Management Firm is free to add any components under the Ceremonies Management Fees head and the same will be borne by the Event Management Firm. The Event Management Firm is required to submit the complete BOQ.
Production Cost Production Cost for material, equipment and accessories; hiring charges for material and equipment, including light and sound; charges for engaging professionals, artists, human resource; procurement of material and equipment; tranGolden Jubileeation /conveyance charges for the events; dress, dress designing, costumes, make up; laser and other special lighting effects, fireworks; screens for display, projectors; stage set-up, trussing structure, décor; gen sets ; cranes; video and cabling; composition, theme song, recording and lyrics of Music; podium, MC and all associated levies /charges, which will have to be incurred for the events required for Opening Ceremony.
The elements mentioned in the following events are essential. (i) “The Opening ceremony’’ The Opening Ceremony will have to be Conceptualized, Planned, Designed, Organized, Produced, Coordinated, Directed, Managed, Executed and Delivered for a period of 2.0 hours to 2.30 hours (120-150 minutes) in which core cultural program will be 60 minutes or decided mutually befitting to the cultural/social background of the organizing state (Gurugram) as well as the participants.
18 | P a g e
The core elements are as under: i. ii. iii. iv.
Stage Set-up (if any) Trussing structure, scaf holding Gensets Cranes
Lights (moving lights, conventional lights, moving head, sky trackers, color changers, etc.) Video Water curtain Cabling Local communication and tranGolden Jubileeation. Music Composition Recording Lyrics Décor Stage(if required as per the creative theme) Stadium(if required as per the creative theme)
Sound (360 degree line array system, with latest technology system complete with all aspects). AV Equipment Special lighting effects Laser Mapping Water Screen projectors
v. vi. vii. viii. ix. x. a. b. c. xi. a.
xiv. xv. a. b. c. d. xvi. xvii. xviii. xix. xx. xxi. xxii.
Artiste Choreographer Costumes Rehearsals Podium Acoustics photography and videography
The aforesaid list is indicative & not exhaustive in nature. The Bidder is free to add any other necessary arrangements that may be required for production and implementation of the Ceremonies.
19 | P a g e
The total all inclusive consideration towards Ceremonies Management Fees and Cost of Production including all directly or indirectly related to the Opening ceremony events (including the items mentioned in the below table) shall not exceed the estimated value of RFP i.e., Rs. 7,50,00,000/- (Rupees Seven hundred and Fifty Lakhs)
The Bidder will have to indicate costs of each element mentioned in paragraph 13.2.5 (i) 13.2.8 The Commercial Bid should only be submitted online in the following format: Sr. Event Qty. Unit Rate No. including all taxes 1. Conceptualizing, Producing, Directing & 1 Each Executing a Grand Opening Ceremony (I) (Ceremonies Management fee as per clause 13.2 (I) (a-d) 2. Conceptualizing, Producing, Directing & 1 Each Executing a Grand Opening Ceremony (II) Production cost as per clause 13.2 (II) including 13.2.5 13.2.7
Along with this format, a detailed costing (with complete BOQ) of each event is also required inclusive but not limiting to the elements mentioned in paragraph 13.2.5. The format for the same is available as Annexure-J is required to be submitted as attachment with commercial bid. Procurement, purchase and hiring of resources by the bidder will be according to the technical specifications as required by the bidder to execute the event finalized by the Creative Consultant, Creative Core Group and Client i.e. PWD (B&R), Haryana and subject to approval by Client i.e. PWD (B&R), Haryana in terms of quality and price/charges/cost in writing. Kindly refer to paragraph 15.2 for evaluation of commercial bid. 13.2.9
14. CONTRACT MANAGEMENT a.
Within 1 week of award of contract, key members of the Event Management Firm’s team will work with Client i.e. PWD (B&R), Haryana and Venue Manager for the Tau Devi Lal Stadium, Gurugram to ensure that the venue requirements and complex requirement do not overlaps in planning and conversion to the field of play after the Opening Ceremony, are managed together as one integrated program.
All recommendations such as creative concept approval, production planning and star talent will require approval by the Executive Committee and/or Empowered Steering Committee and/or the Creative Consultant & Creative expert committee of Client i.e. PWD (B&R), Haryana.
During the contract period, the bidder shall serve Client i.e. PWD (B&R), Haryana on the terms of this Agreement with all due and proper diligence (acting dutifully and in good faith) observe all reasonable instructions given by Client i.e. PWD (B&R), Haryana as to its activities under this
20 | P a g e
Agreement, act in the Principal’s interests and use its best endeavors to enhance the creative value of the opening ceremony etc. and other connected protocols. d.
If the successful bidder requires help in obtaining school children for any of the, Events of Ceremonies or any kind of licenses/NOC, Client i.e. PWD (B&R), Haryana may help in acquiring these if communicated well in time.
15. EVALUATION OF BIDS 15.1.1
The Bids will be evaluated on the basis of total score of Technical and Commercial Bids. The Technical Bid will carry total of 70 marks in evaluation and the Commercial Bid will be finalized on the basis of lowest. A detailed analysis of the Technical Bid will be subsequently carried out by Client i.e. PWD (B&R), Haryana. A panel of expert will decide on this aspect.
PHASE I: TECHNICAL BID STEP I In this part, the technical bid will be analyzed and evaluated based on specific experience of the bidder, competence of key personnel, adequacy of the proposed approach, methodology and understanding of the requirements of Client i.e. PWD (B&R), Haryana Weightage in Minimum Sr. No Bid Component Sub Score in Points Technical Qualification Score score 1
21 | P a g e
Past Experience Details of involvement and experience with mega events
Coordinating large contingents of school children
If Project cost of 7.5 - 15Cr = 4 If Project cost of exceeding above 15 cr – 22.5Cr = 6 If Project cost of more than above 22.5 Cr = 8
Details of creative and innovative ideas If executed 1 event = 3 executed in the If executed 2 events = 4 past of mega If executed 3 or more events = 5 Event or similar events Quality and Expertise of Project Team Proposed to be employed Years of experience of Minimum 3 - 5 years = 3 Creative Head Above 5 -10years = 4 More than 10 years = 5
Role of Personnel B
in Golden Jubilee related events
Minimum 2 Golden Jubilee related events = 3 3-5 Golden Jubilee related events = 4 More than 5 Golden Jubilee related events = 5 TOTAL
i.Technical bid and envelope containing bid processing fee and EMD draft will be opened as
per the schedule stipulated by Client i.e. PWD (B&R), Haryana Step II: Evaluation of Creativity and Innovativeness: The bidder will be required to make a presentation on the details of the proposed theme (depending upon the concept note – ANNEXURE – H) along with a brief overview of cultural items of 60 minutes duration, a proposed management model, and quality of elements. Sr. No 1 2 3 4
Note 22 | P a g e
Bid Component Creative theme Innovation Proposed management model to deliver scope of work Quality of artists, performers, MC, choreographer, etc Quality of décor, fireworks, lighting, sound, staging, acoustics, etc.,
Weightage in Technical Score
Minimum Qualification score
10 7 7 12 9
Panel of experts shall decide on this aspect The Bidder will also be expected to give detailed technical specifications of the elements mentioned in 13.2.5 (1) (i-xxii) in the following format: Sr. Elements
Photography & videography Special Lighting effects (as required) i) Laser ii) Xenon Projection iii) Water Screen
Choreographer Costumes i) Designing ii) Material iii) Stitching
Podium Symbol of Golden Jubilee of Haryana. i) Design ii) Production
Master of Ceremony
Convoy /tableau(if any) ** Any Other necessary arrangements that may be
Q 23 | P a g e
Stage Setup Music i) Composition ii) Recording iii) Lyrics iv) development of theme song Décor i) Stage ii) Stadium (if required as per the creative theme)
required for the production of the ceremonies as per creative theme. ** The aforesaid list is indicative & not exhaustive in its nature? 15.1.2 Analysis of Technical bid: In this part, the technical and creative phases of the bid will be analyzed and evaluated. The technical bid marks (Stm) shall be assigned to each bid on the total of the marks received under Technical bid component on the basis of evaluation matrix described above.
Weightage In Technical Score
Minimum Qualification Score
Step I: P a s t Experience of events and Quality of support personnel
Step II: Evaluation of Creativity and Innovativeness Total
Each competency group will have Minimum Qualification Score as mentioned above. Bids receiving marks greater than or equal to the Minimum Qualification Score in the Technical Bid will be eligible for the opening of the Commercial Bid. If required, Client i.e. PWD (B&R), Haryana may seek specific clarifications from any or all bidder(s) at this stage. Client i.e. PWD (B&R), Haryana shall determine the bidder(s) that qualify for the next phase after reviewing the clarifications provided by the bidder(s).
The bids of bidders who have cleared the Minimum Qualification Score shall be ranked on the basis of the Technical cum Creative bid marks (Stm) and declared “Technically Qualified Bids”. The Technical Bid Score “St” of the bidder shall be derived as under: St=(Stm/SH), Where;
St is the Technical Bid score Stm=Total Technical Bid marks of the bid under consideration SH=Highest total technical bid marks amongst all evaluated bid
PHASE II: COMMERCIAL BID
24 | P a g e
Applicants must quote their commercial offers as per the following two heads: a)
Ceremonies Management Fees in Rupees (lump sum amount) to cover all administrative expenses for providing expertise and support in the management of the Opening ceremony. The Bidder must give a detailed breakup of the expenditure heads with respect to the quote. This CeremonyManagement Fees will cover the following components:
Creative Concept Fee.
Travel and accommodation.
Technical equipment for office setup and internal coordination.
Food and beverages for production crew, artists and performers during rehearsals and Ceremonies.
And any additional expenditure heads as part of the Ceremonies Management Fees.
Please note that the above mentioned list is only indicative and not exhaustive. The Event Management Firm is free to add any components for the execution of the Ceremonies. The new addition will be borne by the Event Management Firm. b)
Production Cost for material, equipment and accessories; hiring charges for material and equipment, including light and sound; charges for engaging professionals, artists, human resource; procurement of material and equipment; tranGolden Jubileeation /conveyance charges for the events; dress, dress designing, costumes, makeup; laser and other special lighting effects, fireworks; screens for display, projectors; stage set-up (if any), trussing structure, décor; gen sets ; cranes; video and cabling; composition, recording and lyrics of Music, Theme Song ; podium; design and all associated levies /charges, which will have to be incurred for the events required for Opening Ceremony. In this phase, the Commercial Bids of the bidder, who are technically qualified in Phase I, shall be opened in the presence of at least one authorized representative each from the respective bidders. The name of the bidder and the quoted fees shall be read aloud and recorded. The commercial bids of those whose technical bids qualify are opened and would
25 | P a g e
be evaluated as per the following for both 15.2(a) and 15.2 (b): Sf= (FL/F), Where;
Sf is the financial score FL is the value of the lowest commercial bid F is the price quoted in the bid under consideration
The average of (a) and (b) will be taken for consideration of financial score (Sf). 15.2.1 All such technically qualified bids shall be evaluated. 15.3
PHASE III: Combined Evaluation of Technical and Commercial Bids The total score of the bidder will be determined as under. Total Score (Ts) = (70xSt) + (30xSf)
The Bid of the bidder, who obtains the highest Ts value, will be rated as the Best Bid and will be awarded the contract. In the event of a tie, the bid with the highest technical score (St) will be rated as the best bid. Beyond that, Client i.e. PWD (B&R), Haryana will decide the matter in its full discretion. Declaration of successful BIDDER The Bid of the bidder, who has been declared “Best Bid (T1)” will be awarded the work if the Commercial Bid of the bidder is found to be in place as per the RFP requirement and overall Bid of the bidder is determined to be qualified to perform the work satisfactorily. For commercial bid he may be asked to justify his rates with respect to bid with analysis of work.
17. RIGHT TO VARY SCOPE OF WORK Client i.e. PWD (B&R), Haryana may at any time during the RFP process or even after award of the contract, by a written order given to the bidder, make changes within the general scope of the Work. The Bid shall accordingly be amended. 18. RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS: Client i.e. PWD (B&R), Haryana reserves the right to accept and/or reject any bid, and to annul the Tender process and reject any or all bids at any time prior to the award of work, without there by incurring any liability to the affected bidder or any obligation to inform the affected bidder or bidders of the grounds for Client i.e. PWD (B&R), Haryana’s action.
26 | P a g e
19. NOTIFICATION OF AWARD a.
Prior to the expiration of the period of bid validity, Client i.e. PWD (B&R), Haryana will notify the successful bidder in writing by registered letter or by fax or Email that its bid has been accepted.
Upon the successful Bidder’s furnishing of performance security (10% of the contractual amount in the shape of Bank Guarantee (irrevocable) from any Nationalized Bank valid for 180 days from the final submission of all documentation and reports of the ceremony and acceptance by the client), Client i.e. PWD (B&R), Haryana will promptly notify the name of the winning Bidder to each unsuccessful Bidder and will discharge their Bid Security.
If, after notification of award, a Bidder wishes to ascertain the grounds on which its bid was not selected, it should address its request to Client i.e. PWD (B&R), Haryana. Client i.e. PWD (B&R), Haryana will promptly respond in writing to the unsuccessful Bidder.
20. SIGNING OF CONTRACT a.
At the time Client i.e. PWD (B&R), Haryana notifies the successful bidder that its bid has been accepted, the Client i.e. PWD (B&R), Haryana will send the Work Order, incorporating all requirements of Client i.e. PWD (B&R), Haryana. Within Three working days of receipt of the Work Order, the successful bidder shall sign and date the Work Order or the subsequent amended work order, and return the copy to Client i.e. PWD (B&R), Haryana.
At the same time as Client i.e. PWD (B&R), Haryana notifies the successful Bidder that its bids has been accepted, it will send the Bidder the duly filled in Form of Contract specified in Annexure (D) incorporating all Annexures and other attachments,
FAILURE TO AGREE WITH THE TERMS AND CONDITIONS OF THE RFP Failure of the successful bidder to agree with the Terms & Conditions of the RFP shall constitute sufficient grounds for the annulment of the award, in which event Client i.e. PWD (B&R), Haryana may award the contract to the next best value bidder as in this RFP or call for new proposals or invoke the PBG.
22. Revelation of Commercials Commercials in any form or by any reason before opening the Bid should not be revealed, failing which the offer shall be liable to be rejected 23. PERFORMANCE SECURITY a)
To ensure due performance of the Contract, Performance Security is to be obtained
27 | P a g e
from the bidder, who has been selected. Performance Security is required to be in accordance with Annexure E. b)
Bidder, to whom letter of Intent is issued, shall have to furnish an irrevocable “Performance Security” of 10 % of the accepted value of the contract in the form of Bank Guarantee (irrevocable) from any Nationalized B a n k in an acceptable form to be submitted within 3 (Three) working days of the receipt of the Letter of Acceptance.
The irrevocable Performance Security should be furnished in the form of a Bank Guarantee from a Nationalized B a n k in an acceptable form within 3 (Three) working days of issue of “Letter of Acceptance” failing which a penalty of Rs.10,000/- per day of the contracted amount will be charged from the applicant safeguarding the interest of Client i.e. PWD (B&R), Haryana in all respect. The validity of the “Performance Security” would be valid up to the period of 180 days from the final submission of all documentation and reports of the ceremony and acceptance by the client and may be extended by a further period, as deemed appropriate by Client i.e. PWD (B&R), Haryana.
All incidental charges whatsoever such as premium, commission etc. with respect to the Performance Security shall be borne by the Bidder. No interest will be payable on the Performance Security by Client i.e. PWD (B&R), Haryana.
Failure to comply with the requirements of Scope of Work specified in this RFP, as per the judgment of Client i.e. PWD (B&R), Haryana, shall constitute sufficient grounds for the forfeiture of the Performance Security. .
The “Performance Security” shall be released after completion of the contract in all respects and provided further that there is no breach of the contract on the part of the bidder.
No interest or cost will be paid on the Performance Security by Client i.e. PWD (B&R), Haryana
24. AWARD OF CONTARCT a)
Award Criteria Client i.e. PWD (B&R), Haryana will award the contract to the successful bidder whose bid has been determined to be substantially responsive and has been determined as the lowest evaluated bid, provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily.
Client i.e. PWD (B&R), Haryana’s Right to vary Quantities at Time of Award
28 | P a g e
Client i.e. PWD (B&R), Haryana reserves the right at the time of contract award to increase or decrease by up to 15% the quantity of goods and services originally specified in the scope of work without any change in unit price or other terms and conditions
25. TERMS OF PAYMENT The payment will be paid in the following manner: 25.1
The Ceremony Management Fees and Cost of Production will be paid as per the following: The payment of installments mentioned in clause 25.1.1 to 25.1.6 will be made on production of a certificate from Client i.e. PWD (B&R), Haryana designated officer , Golden Jubilee Celebration Authority that earlier installment paid have been utilized to his/her satisfaction and the deliverable s specified in the contract have been met with.
Phase I -20%: Payment will be made within 10 days after signing of the contract for the Ceremony, on condition that a Bank irrevocable Guarantee drawn on any of the Nationalized or Scheduled or Commercial Bank in an acceptable form of the same value is to be submitted apart from the performance security**
Phase II -20%: Payment will be made within 7 days after receiving invoices on submission of final draft concept of Ceremony. **
Phase IV -40%: Payment will be made within 10 days after receiving of invoices of completion of Ceremony. **
Phase VI-20%: Payment will be made after final submission of all documentation and reports of the ceremony. **
**Subject to completion of task within timelines given by Client i.e. PWD (B&R), Haryana and on approval of Golden Jubilee Celebration Authority. The above are subject to change as per the decisions of Golden Jubilee Celebration Authority and Client i.e. PWD (B&R), Haryana, but in no eventuality, the successful bidder will be entitled to mobilization or other advances
29 | P a g e
TERMS AND CONDITIONS a) All the information/details to be supported by authentic documents duly certified by the authorized signatory. b) Client i.e. PWD (B&R), Haryana reserves the right to counter offers the selected bidders to bring at par with the lowest rates quoted in the commercial bid by the selected bidder. c)
Client i.e. PWD (B&R), Haryana reserves the right to re-call or cancel the process of appointment of bidder under this advertisement/ RFP at any time and to invite fresh bids in respect of the mandate herein proposed. (B&R), Haryana reserves the right to extend the time for submission of bids at its sole discretion at any time prior to the Due Date. Save as expressly authorized by Client i.e. PWD (B&R), Haryana in writing the service provider shall not without Client i.e. PWD (B&R), Haryana prior express approval incur any liabilities on behalf of Client i.e. PWD (B&R), Haryana nor pledge the credit of Client i.e. PWD (B&R), Haryana nor make any representations nor give any warranty on behalf of Client i.e. PWD (B&R), Haryana. The mere submission of bids in response to this RFP by a bidder, or the rejection thereof by Client i.e. PWD (B&R), Haryana in its absolute discretion, shall not itself constitute any relationship, legal or otherwise between Client i.e. PWD (B&R), Haryana and the bidder or give or be deemed to give rise to any cause or grievance to the bidder against Client i.e. PWD (B&R), Haryana and further shall not for any reason and in any manner confer on the bidder any right or entitlement to raise any disputes regarding any term or condition contained herein nor in respect of any act or omission or decision taken by Client i.e. PWD (B&R), Haryana. In the event of any misstatement or misrepresentation being discovered or detected in the information furnished/ documents submitted by the bidder in response to this advertisement/RFP or at any later stage or in the event any contravention by the bidder of the conditions and criteria stipulated by Client i.e. PWD (B&R), Haryana, the appointment/ engagement of the bidder shall stand terminated /canceled and no further fee shall be payable or be paid by Client i.e. PWD (B&R), Haryana to the bidder and the Earnest Money Deposit/performance guarantee, as applicable, submitted by the bidder shall be forfeited forthwith by Client i.e. PWD (B&R), Haryana, without any further notice. The bidder must strictly comply with all terms and conditions herein. Client i.e. PWD (B&R), Haryana reserves the right to call upon any or all bidders to satisfy Client i.e. PWD (B&R), Haryana regarding the correctness and genuineness of any Document submitted or information furnished by the bidder or may call for any additional Documents/ information from the bidders to verify the information provided by the bidder or may further seek any clarification or elaboration from the bidder at any time prior to the finalizing of the Bid, however, this shall not be construed to confer any kind of right or entitlement to the bidder to submit any additional Document/ Information after the submission of its Bid. Further, Client i.e. PWD (B&R), Haryana may call upon any or all the Applicant bidder/s to make a presentation to Client i.e. PWD (B&R), Haryana in respect of its capabilities represented by the bidder at any time prior to the finalization of the Bid; any bidder who refuses to or otherwise neglects to make such presentation to Client i.e. PWD (B&R), Haryana shall not be considered for any further evaluation and shall stand disqualified. Client i.e. PWD (B&R), Haryana is not bound to accept the lowest Commercial Bid as the technical
30 | P a g e
competence, legal standing of the Bidder and the quality of services anticipated to be provided by the Bidder (to be determined primarily on the basis of the documents/information provided by the bidder or presentation made by the bidder) shall be material criteria for awarding the Bid. Any and all information contained in the Bid document has been furnished by Client i.e. PWD (B&R), Haryana in good faith and with the sole objective to assist the bidder to assess and respond to the RFP invited by the Bid Document. The Bid Document does not constitute an offer or solicitation; while reasonable effort has been made to provide such information which is necessary for the bidder to evaluate the essential scope of the engagement and opportunity under the Bid Document, however, the information contained in the Bid Document is only indicative and is not intended to exhaustively cover every element of the proposed opportunity. Client i.e. PWD (B&R), Haryana does not warrant the accuracy or completeness of the information contained in the Bid document. The bidder shall maintain and provide at its own expense and to the reasonable satisfaction of Client i.e. PWD (B&R), Haryana such offices and other premises administration facilities and marketing organization as may be necessary for the efficient and effective performance of its obligations under this Agreement. While due care has been taken by Client i.e. PWD (B&R), Haryana to provide information as is reasonably necessary for the bidder to evaluate the opportunity contained in the Bid Document, Client i.e. PWD (B&R), Haryana shall not be responsible or in any way be held liable for any inaccuracy or errors or omission or fact contained herein, nor for the consequences of any reliance by the bidder upon any information or representation contained herein in the event of any loss and/or damage suffered by the bidder on account of such reliance upon information or representation contained in the Bid Document. This Bid Document is Client i.e. PWD (B&R), Haryana privileged and is given for the benefit of Client i.e. PWD (B&R), Haryana solely in relation to the above invitation for RFP. It is not to be transmitted to any other person nor is it to be relied upon by any other person or for any other purpose or quoted or referred to. The selected bidder shall undertake not to divulge any information, document, etc., of Client i.e. PWD (B&R), Haryana to any third party, except when permitted in writing by Client i.e. PWD (B&R), Haryana /designated authority. The empanelled bidder for itself and for every employee / professional engaged by the bidder for the work of Client i.e. PWD (B&R), Haryana, shall undertake to maintain the highest degree of confidentiality and secrecy with regard to all matters of Client i.e. PWD (B&R), Haryana.
Bidder should declare in writing that after having awarded the contract, it will open its office in Gurugram within a specified date for the purpose of the contract.
Confidentiality of Information:
The bidder is not authorized to waive or release any privilege or other protection of information, confidential, secret, or otherwise, obtained from or on behalf Client i.e. PWD (B&R), Haryana. The bidder is to keep all confidential, privileged, or secret information confidential. This requirement is perpetual 31 | P a g e
i.e. it will continue even after the termination of the relationship and this agreement. This requirement is also intended to prohibit the bidder from using information obtained from or on behalf of Client i.e. PWD (B&R), Haryana or its successors or assignees, including work product prepared at Client i.e. PWD (B&R), Haryana's advance written approval. The bidder is not authorized to identify Client i.e. PWD (B&R), Haryana, as a client, e.g., for purposes of marketing or for advertising, without Client i.e. PWD (B&R), Haryana's prior written approval. Upon termination of the representation, the bidder agrees to return promptly all information obtained from or on behalf of Client i.e. PWD (B&R), Haryana to Client i.e. PWD (B&R), Haryana. The bidder is not authorized to communicate with the public, including the press, about Client i.e. PWD (B&R), Haryana or this matter without the advance approval of Client i.e. PWD (B&R), Haryana. The bidder shall keep strictly confidential, not disclose to any third party and use only for the purposes of this agreement all information relating to the Opening ceremony (whether technical or commercial) and to the affairs and business of Client i.e. PWD (B&R), Haryana, whether such information is disclosed to the bidder by Client i.e. PWD (B&R), Haryana or otherwise obtained by the bidder as a result of its association with Client i.e. PWD (B&R), Haryana. The bidder also agrees to take all reasonable precautions, including the establishment of appropriate procedures, to safeguard in strictest confidence the Information, including limiting disclosure of the Information to those advisors and employees who are actively and directly participating in the evaluation of a Transaction. Any document or information provided to the bidder is presumed to be confidential and subject to the terms of the Agreement. Conflict of interest: The bidder shall not have financial interest in any vendor which is in conflict with the interest of Client i.e. PWD (B&R), Haryana, directly or indirectly. In case there is any other conflict of interest then the bidder has to withdraw from the matter assigned with prior approval of Client i.e. PWD (B&R), Haryana. Governing law, modification of this Agreement, entire agreement:
This RFP is to be interpreted in accordance with the laws of India and with the ethical requirements of that jurisdiction. Only Gurugram Courts shall have exclusive jurisdiction in case any dispute arise between the Client i.e. PWD (B&R), Haryana and the Bidder with regard to this RFP. The relations between the parties shall be governed by the applicable laws of India. c.
No Rights Granted : The parties recognize and agree that nothing in this Agreement will be construed as granting any property rights, by license or otherwise, to any Confidential Information of Client i.e. PWD (B&R), Haryana, or to any invention or any
32 | P a g e
patent, copyright, trademark or other intellectual property right that has issued or that may issue based on such Confidential Information. Other than as expressly permitted by a separate written agreement between the parties, neither party will make, have made, use, distribute or disseminate for any purpose any product or other item using, incorporating or derived from any Confidential Information of Client i.e. PWD (B&R), Haryana. d.
LOCAL CONDITIONS It will be incumbent upon each Bidder to fully acquaint himself with the local conditions and factors, which would have any effect on the performance of the contract and/or the cost.
It will be imperative for each Bidder to fully inform himself/herself of all legal conditions and factors which may have any effect on the execution of the contract as described in the bidding documents. Client i.e. PWD (B&R), Haryana shall not entertain any request for clarification from the Bidder regarding such legal conditions.
It is the responsibility of the Bidder that all factors have properly been investigated and considered while submitting the bid proposals and that no claim whatsoever including those for financial adjustment to the contract awarded under the bidding documents will be entertained by Client i.e. PWD (B&R), Haryana and that neither any change in the time schedule of the contract nor any financial adjustments arising thereof shall be permitted by Client i.e. PWD (B&R), Haryana on account of failure of the Bidder to apprise themselves of local laws/conditions. Cancellation of Event
If the Event are not held for any reason: This Agreement will terminate with effect from the date on which Client i.e. PWD (B&R), Haryana officially announces that the Event will not be held or will not continue. b) Each party will be relieved of its obligations under the Agreement; and c) Save as expressly stated in this Agreement, Client i.e. PWD (B&R), Haryana will not be liable in any way to the Event Management Firm by reason of the termination or cancellation.
From the effective date of termination of this Agreement under clause 26.1, the Event Management Firm shall, unless Client i.e. PWD (B&R), Haryana requires otherwise.
28.3 The Following facilities will be extended to the service provider: a)
The Event Management Firm can use the Phrase ‘Event Management Firm of Client i.e. PWD (B&R), Haryana’ in their stationery.
Permission to the Event Management Firm to use the photographs of the work done for the Ceremony only after the Event.
33 | P a g e
Performance Certificate will be issued to the Event Management Firm in case of satisfactory completion of works as per the contract has been executed by the firm concerned.
The Client i.e. PWD (B&R), Haryana Logo would however not be used.
GENERAL CONDITIONS OF CONTRACT (GC) General Provisions Definitions
Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings: 1.1
“Applicable Law” means the laws and any other instruments having the force of law in India for the time being.
“Bid” means a Bid submitted in response to this RFP;
“Bidder” means any private or public entity that will provide the Services to the “Client i.e. PWD (B&R), Haryana” under the Contract.
‘Business day’ means any day on which Client i.e. PWD (B&R), Haryana is open for business in Gurugram (Haryana), not being a Saturday or Sunday.
“Contract” means the Contract/Agreement including this agreement and all the schedule, annexures and attachments to it and any amendment made to it in accordance with the terms of the Agreement.
“Confidential Information” means any information contained in this RFP
“Day” means calendar day.
“Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GC 11.
“Foreign Currency” means any currency other than the currency of the “Client i.e. PWD (B&R), Haryana” country.
“GC” mean these General Conditions of Contract.
“Government” means the Government of Haryana.
“Local Currency” means Indian Rupees.
“Member” means any of the entities that make up the joint venture/consortium/ Association; and “Members” means all these entities.
“Party” means “Client i.e. PWD (B&R), Haryana” or the bidder, as the case may be, and “Parties” means both
34 | P a g e
of them. “Services” means the work to be performed by the bidder pursuant to this Contract outlined in the scope of work.
“Third Party” means any person or entity other than the “Client i.e. PWD (B&R), Haryana”, or the bidder.
“In writing” means communicated in written form with proof of receipt.
“Client i.e. PWD (B&R), Haryana” means the Superintending Engineer,Gurugram Circle, PWD(B&R) , Gurugram.
“Applicant or bidder” means a party that submits, or intends to submit, a Bid;
“Scope of Work” means the scope of work required to be carried out by the successful Applicant.
“Event Manager/Producer” means the successful applicant to this RFP who is awarded the work order;
“Work Order” means the written order resulting from this RFP issued by Client i.e. PWD (B&R), Haryana;
“Must” or “mandatory” or “should” means a requirement that must be met in order for the Bid to receive consideration;
“RFP” means this Request for Proposal; and
“Desirable”means a requirement having a significant degree of importance to the objective of the RFP.
“Ceremonies Team” means the key personnel’s required by the Applicant to deliver the Services
“Services” means the provision of services outlined in the scope of work.
1.28 “Golden Jubilee Celebration Authority” means a team of officials/experts as constituted by Government of Haryana to overall govern the Opening ceremony for celebration of 50 years of Haryana State. Application: These General Conditions shall apply to the extent that provisions in other parts of the Contract do not supersede them. For interpretation of any clause in the RFP or Contract Agreement, the interpretation of Client i.e. PWD (B&R), Haryana shall be final and binding on the bidders. 2. Relationship between the parties Nothing contained herein shall be construed as establishing a relationship of master and servant or of principal and agent as between the “Client i.e. PWD (B&R), Haryana and the bidder. The bidder, subject to this Contract, has complete charge of Personnel, if any, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder. 3.
35 | P a g e
The headings shall not limit, alter or affect the meaning of this Contract. 4.
Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an Authorized representative of the Party to whom the communication is addressed, or when sent by registered post to such Party at the address specified.
A Party may change its address for notice hereunder by giving the other Part y notice in writing of such change to the address specified.
Location The Services shall be performed at such locations as are specified by Client i.e. PWD (B&R), Haryana, and where the location of a particular task is not so specified, at such locations, as the “Client i.e. PWD (B&R), Haryana” may approve.
Authorized representatives Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by “Client i.e. PWD (B&R), Haryana” or the bidder may be taken or executed by the officials specified.
Taxes and duties The bidder and its Personnel shall be liable to pay such direct and indirect taxes, duties, fees, cess, surcharge, levies and other impositions levied under the applicable laws of India at present or in future as may be applicable.
Fraud and corruption Definitions: It is Client i.e. PWD (B&R), Haryana’s policy to require that Client i.e. PWD (B&R), Haryana as well as the bidders and all its members observe the highest standard of ethics during the execution of the Contract. In pursuance of this policy, Client i.e. PWD (B&R), Haryana, defines, for the purpose of this provision, the terms set forth below as follows:
“Corrupt practice” means the offering, receiving or soliciting, directly or indirectly, of anything of value to influence the action of a Client i.e. PWD (B&R), Haryana, official in the selection process or in contract execution;
“Fraudulent practice” means a misrepresentation or omission of facts in order to influence a selection process or the execution of a contract;
9.1.3 “Collusive practices” means a scheme or arrangement between two or more bidders, with or without the knowledge of Client i.e. PWD (B&R), Haryana, designed to establish prices at artificial, non-competitive levels. 9.1.4 “Coercive practices” means harming or threatening to 36 | P a g e
harm, directly or
indirectly, persons or their property to influence their participation in a procurement process, or affect the execution of a contract. 9.1.5 “Unfair Trade Practices” means supply of services different from what is ordered on, or change in the Scope of Work which was given by Client i.e. PWD (B&R), Haryana. 10.
Measures to be taken by the Organizing Committee -Opening ceremony Event.
The Client i.e. PWD (B&R), Haryana may terminate the contract if it determines at any time that representatives of the bidders were engaged in corrupt, fraudulent, collusive or coercive practices during the selection process or the execution of that contract.
Client i.e. PWD (B&R), Haryana may also sanction against the bidder, including declaring the bidder ineligible, to be awarded a contract if it at any time determines that the bidder has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a Client i.e. PWD (B&R), Haryana - financed contract.
Commencement, Completion, Modification and termination of Contract
Effectiveness of contract This Contract shall come into force and effect on the date (the “Effective Date”) of “Client i.e. PWD (B&R), Haryana’s” notice to the bidder instructing the bidder to begin carrying out the Services. This notice shall confirm that the conditions precedent and effectiveness conditions.
Commencement of services The bidder shall begin carrying out the Services not later than the number of days after the Effective Date.
Expiration of contract Unless terminated earlier pursuant to Clause GC 18 hereof, this Contract shall expire at the end of such time period after the Effective Date.
Entire Agreement This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any other statement, representation, promise or agreement not set forth herein.
Modification or Variations
Any modification or variation of the terms and conditions of this Contract, including any modification or variation of the scope of the Services, procurement, hiring/purchase and quality of technical equipment and resources may only be
37 | P a g e
made by written communication by Client i.e. PWD (B&R), Haryana. Pursuant to Clause GC 43 here of, however, each Party shall give due consideration to any Bids for modification or variation made by the other Party. 15.2
In cases of substantial modifications or variations, the prior written consent of the Client i.e. PWD (B&R), Haryana is required.
16.1.1 For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of Client i.e. PWD (B&R), Haryana, is not foreseeable, is unavoidable and not brought about by or at the instance of Client i.e. PWD (B&R), Haryana claiming to be affected by such events and which has caused the non- performance or delay in performance, and which makes Client i.e. PWD (B&R), Haryana’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood, quarantine or other extreme adverse weather conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of Client i.e. PWD (B&R), Haryana invoking Force Majeure to prevent), confiscation or any other action by Government agencies. 16.1.2 Force Majeure shall not include: (i) any event which is caused by the negligence or intentional action of the Event Management Firm or Event Management Firm’s agents or employees, nor (ii) any event which a diligent Event Management Firm could reasonably have been expected both to take into account at the time of the conclusion of this Contract, and avoid or overcome in the carrying out of its obligations hereunder. 16.1.3 Subject to Clause 16.1.2 Force Majeure shall not include insufficiency of funds or inability to make any payment required hereunder. 16.2
Measures to be taken
16.2.1 Event Management Firm affected by an event of Force Majeure shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall take all reasonable measures to minimize the consequences of any event of Force Majeure. 16.2.2 Client i.e. PWD (B&R), Haryana affected by an event of Force Majeure shall notify the Event Management Firm of such event as soon as possible, and in any case not later than three (3) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give written notice of the restoration of normal conditions as soon as possible. 38 | P a g e
16.2.3 Any period within which an Event Management Firm shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Event Management Firm was unable to perform such action as a result of Force Majeure. 16.2.4 During the period of their inability to perform the Services as a result of an event of Force Majeure, the Event Management Firm, upon instructions by “Client i.e. PWD (B&R), Haryana,”, shall either: demobilize; or continue with the Services to the extent possible, in which case the Event Management Firm shall continue to be paid proportionately and on pro rata basis, under the terms of the Contract 16.2.5 In the case of dispute in agreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled according to Clause 42 & 43. 17.
The “Client i.e. PWD (B&R), Haryana” may, by written notice of suspension to the bidder, suspend all payments to the bidder hereunder if the bidder fails to perform any of its obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall allow the bidder to remedy such failure, if capable of being remedied, within a period not exceeding Three (03) days after receipt by the bidder of such notice of suspension. Terminations
By the “Client i.e. PWD (B&R), Haryana”
18.1.1 The “Client i.e. PWD (B&R), Haryana, 2016” may terminate this Contract in case of the occurrence of any of the events specified below of this Clause GC 18.1. 18.1.2 If the bidder fails to remedy a failure in the performance of its obligations hereunder, as specified in a notice of suspension pursuant to Clause GC 17 herein above, within five (05) days of receipt of such notice of suspension or within such further period as the “Client i.e. PWD (B&R), Haryana” may have subsequently approved in writing.
18.1.3 If the bidder becomes (or, if the bidder consists of more than one entity, if any of its Members becomes and which has substantial bearing on providing Services under this contract) insolvent or go into liquidation or receivership whether compulsory or voluntary. 18.1.4 If the bidder fails to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GC 43 & 44 hereof. 18.1.5 If the bidder, in the judgment of the “Client i.e. PWD (B&R), Haryana”, has engaged in corrupt or fraudulent 39 | P a g e
practices in competing for or in executing this Contract. 18.1.6 If the bidder submits to the “Client i.e. PWD (B&R), Haryana” a false statement which has a material effect on the rights, obligations or interests of the “Client i.e. PWD (B&R), Haryana”. 18.1.7 If the bidder places itself in position of conflict of interest or fails to disclose promptly any conflict of interest to Client i.e. PWD (B&R), Haryana. 18.1.8 If the bidder fails to provide the quality services as envisaged under this Contract, The Director (Ceremonies) or any other designated official of Client i.e. PWD (B&R), Haryana is authorized to monitor the progress of the assignment may make judgment regarding the poor quality of services, the reasons for which shall be recorded in writing. The Director (Ceremonies) or any other designated official may decide to give one chance to the bidder to improve the quality of the services. 8.1.9 If “Client i.e. PWD (B&R), Haryana”, in its sole discretion and for any reason whatsoever, decides to terminate this Contract. 18.1.10 In such an occurrence “Client i.e. PWD (B&R), Haryana” shall give a not less than three (3) days “written notice of termination to the bidders”, and five (5) days in case of the event referred to in 18.1.2 above. 18.1.11 If there is non-performance during the execution of any Project due to nonadherence of the timelines of the Project, performance is below expected level or quality of work is not satisfactory. 18.1.12 Notwithstanding anything herein, Client i.e. PWD (B&R), Haryana reserves the right to terminate this Contract by written notice to the bidder on any other reasonable grounds. Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clause GC 18 hereof, or upon expiration of this Contract pursuant to Clause GC 13 hereof, all rights and obligations of the Parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, (ii) the obligation of confidentiality set forth in Clause GC 21 hereof, (iii) the bidder’s obligation to permit inspection, copying and auditing of their accounts and records set forth in Clause GC 23 hereof, and (iv) any right which a Party may have under the Law. Cessation of Services
Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GC 18.1 hereof, the bidder shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the bidder 40 | P a g e
and equipment and materials furnished by the “Client i.e. PWD (B&R), Haryana”, the bidder shall proceed as provided, respectively, by Clauses GC 27 or GC 28 hereof. 18.4
Payment upon Termination
18.4.1 Upon termination of this Contract pursuant to Clauses GC 18.1here of, the “Client i.e. PWD (B&R), Haryana” shall make the following payments to the bidder. 18.4.2 If the Contract is terminated pursuant to Clause 18.1.7, 18.1.8, remuneration pursuant to Clause GC 37 (i) hereof for Services satisfactorily performed prior to the effective date of termination. 18.4.3 If the agreement is terminated pursuant of Clause 18.1.1 to 18.1.6, the bidder shall not be entitled to receive any agreed payments upon terminations of the contract. However, the “Client i.e. PWD (B&R), Haryana” may consider making payment for the part satisfactorily performed on the basis of Quantum Merit as assessed by it, if such part is of economic utility to Client i.e. PWD (B&R), Haryana. Applicable Under such circumstances, upon termination, Client i.e. PWD (B&R), Haryana may also impose liquidated damages as per the provisions of GC 45 of this agreement. The bidder will be required to pay any such liquidated damages to client within 7 days of termination date. The claim of liquidated damages shall not prejudice other rights of Client i.e. PWD (B&R), Haryana, which it may have against the successful Agency. 18.5
Disputes about Events of Termination If either Party disputes whether an event specified in Clause 18.1.1 through 18.1.7 of Clause GC 18.1 hereof has occurred, such Party may, within five (5) days after receipt of notice of termination from the other Party, refer the matter to Clause GC 40 and 41 hereof, and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award.
Obligations of the bidder
Standard of Performance The bidder shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The bidder shall always act, in respect of any matter relating to this Contract or to the Services, as faithful adviser to the “Client i.e. PWD (B&R), Haryana”, and shall at all times support and safeguard the “Client i.e. PWD (B&R), Haryana” legitimate interests in any dealings.
41 | P a g e
Conflict of interests
The bidder shall hold “Client i.e. PWD (B&R), Haryana’s” interests paramount, without any consideration for future work, and strictly avoid conflict of interest with other assignments or their own corporate interests. If during the period of this contract, a conflict of interest arises for any reasons, the bidder shall promptly disclose the same to Client i.e. PWD (B&R), Haryana and seek its instructions.
20.1.1 Bidder not to benefit from commissions, discounts, etc., (i)
The payment of the bidder pursuant to Section (F) hereof shall constitute the bidder’s only payment in connection with this Contract and, subject to Clause GC 20.1.2 hereof, the bidder shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or in the discharge of its obligations hereunder, and the bidder shall use its best efforts to ensure that any Sub- Contractors, as well as the Personnel and agents of either of them, similarly shall not receive any such additional payment.
Furthermore, if the bidder, as part of the Services, has the responsibility o f advising the “Client i.e. PWD (B&R), Haryana” on the procurement of goods, works or services, the bidder shall comply with Client i.e. PWD (B&R), Haryana applicable procurement guidelines, and shall at all times exercise such responsibility in the best interest of “Client i.e. PWD (B&R), Haryana”. Any discounts or commissions obtained by the bidder in the exercise of such procurement responsibility shall be for the account of “Client i.e. PWD (B&R), Haryana”.
20.1.2 Bidder and affiliates not to engage in certain activities The bidder agrees that, during the term of this Contract and after its termination, the bidder, shall be disqualified from providing goods, works or services (other than consulting services) resulting from or directly related to the bidder’s services for the preparation or implementation of the project. 20.1.3 Prohibition of conflicting activities The bidder shall not engage and shall cause their Personnel not to engage, either directly or indirectly, in any business or professional activities that would conflict with the activities assigned to them under this Contract 21.
Confidentiality Except with the prior written consent of the “Client i.e. PWD (B&R), Haryana”, the bidder and its Personnel shall not at any time communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the
42 | P a g e
bidder and its Personnel make public the recommendations formulated in the course of, or as a result of, the Services. 22.
Liability of the bidder Subject to additional provisions, if any, the bidders‟ liability under this contract shall be provided by the Applicable Law
Accounting, Inspection and Auditing The bidder (i) shall keep accurate and systematic accounts and records in respect of the Services hereunder, in accordance with internationally accepted accounting principles and in such form and detail as will clearly identify all relevant time changes and costs, and the bases thereof, and (ii) shall periodically permit the “Client i.e. PWD (B&R), Haryana” or its designated representative and/or Client i.e. PWD (B&R), Haryana, and up to two years from expiration or termination of this Contract, to inspect the same and make copies thereof as well as to have them audited by auditors appointed by the “Client i.e. PWD (B&R), Haryana”.
Reporting obligations The bidder shall submit to the “Client i.e. PWD (B&R), Haryana” the reports and documents specified during the signing of Job contract, in the form, in the numbers and within the time periods set forth thereof. Final reports shall be delivered in CD ROM in addition to the hard copies specified thereof.
Documents prepared by the bidder to be the property of the “Client i.e. PWD (B&R), Haryana” All plans, drawings, specifications, designs, reports, other documents and software prepared by the bidder for the “Client i.e. PWD (B&R), Haryana” under this Contract shall become and remain the property of the “Client i.e. PWD (B&R), Haryana”, and the bidder shall, not later than upon termination or expiration of this Contract, deliver all such documents to the “Client i.e. PWD (B&R), Haryana”, together with a detailed inventory thereof. The bidder shall not use any such document or program anywhere, without taking permission, in writing, from Client i.e. PWD (B&R), Haryana, and Client i.e. PWD (B&R), Haryana reserves right to grant or deny any such request. If license agreements are necessary or appropriate between the bidder and third parties for purposes of development of any such computer programs, the bidder shall obtain the “Client i.e. PWD (B&R), Haryana” prior written approval to such agreements, and the “Client i.e. PWD (B&R), Haryana” shall be entitled at its discretion to require recovering the expenses related to the development of the program(s) concerned. 26. Equipment, Vehicles and Materials furnished by the “Client i.e. PWD (B&R), Haryana” 26.1 Equipment, vehicles and materials made available to the bidder by the “Client i.e. PWD (B&R), Haryana”, or purchased by the bidder wholly or partly with funds provided by the Client i.e. PWD (B&R), Haryana”, shall be the property of the “Client
43 | P a g e
i.e. PWD (B&R), Haryana” and shall be marked accordingly. Upon termination or expiration of this Contract, the bidder shall make available to the “Client i.e. PWD (B&R), Haryana” an inventory of such equipment, vehicles and materials and shall dispose of such equipment and materials in accordance with the “Client i.e. PWD (B&R), Haryana ‟s” instructions. While in possession of such equipment, vehicles and materials, the bidder, unless otherwise instructed by the “Client i.e. PWD (B&R), Haryana” in writing, shall insure them at the expense of the “Client i.e. PWD (B&R), Haryana” in an amount equal to their full replacement value. 26.2
Equipment and Materials provided by the bidders: Equipment or materials brought into the Government’s country by the bidder and the Personnel and used either for the Project or personal use shall remain the property of the bidder or the Personnel concerned, as applicable.
Insurance to be taken out by the bidder The bidder (i) shall take out and maintain insurance, at their own cost but on terms and conditions approved by the “Client i.e. PWD (B&R), Haryana”, insurance against the risks including monetary losses suffered by Client i.e. PWD (B&R), Haryana arising out of the professional advice rendered by the bidder, and for the coverages specified in the SC, and (ii) at the “Client i.e. PWD (B&R), Haryana” request, shall provide evidence to the “Client i.e. PWD (B&R), Haryana” showing that such insurance has been taken out and maintained and that the current premiums therefore have been paid.
General The bidder shall employ and provide such qualified and experienced Personnel as are required to carry out the Services as per the mutually agreed norms.
Description of Personnel
The title, agreed job description, minimum qualification and estimated period of engagement in the carrying out of the Services of each of the bidder’s Key Personnel are as per the bidder’s Bid. If any of the Key Personnel has already been approved by the “Client i.e. PWD (B&R), Haryana”, his/her name is listed as well.
If required to comply with the provisions of Clause GC 19.1 hereof, adjustments with respect to the estimated periods of engagement of Key Personnel set forth may be made by the bidder by written notice to the “Client i.e. PWD (B&R), Haryana”, provided (i) that such adjustments shall not alter the originally estimated period of engagement of any individual by more than 10% or one week, whichever is larger, and (ii) that the aggregate of such adjustments shall not cause payments under this Contract to exceed the ceilings set forth in Clause GC 37 of this Contract. Any other such adjustments shall only be made with the “Client i.e. PWD (B&R), Haryana” written approval.
If additional work is required beyond the scope of the Services specified, the
44 | P a g e
estimated periods of engagement of Key Personnel set forth may be increased by agreement in writing between the “Client i.e. PWD (B&R), Haryana” and the bidder. In case where payments under this Contract exceed the ceilings set forth in Clause GC 37 of this Contract, this will be explicitly mentioned in the agreement. 30.
Approval of personnel
The Key Personnel listed by title as well as by names are required to be approved by the “Client i.e. PWD (B&R), Haryana”. In respect of other Personnel which the bidder proposes to use in the carrying out of the Services, the bidder shall submit to the “Client i.e. PWD (B&R), Haryana” for review and approval a copy of their Curricula Vitae (CVs). If the “Client i.e. PWD (B&R), Haryana” does not object in writing (stating the reasons for the objection) within twenty-one (21) days from the date of receipt of such CVs, such Personnel shall be deemed to have been approved by the “Client i.e. PWD (B&R), Haryana”. 31. 31.1
Removal and/or replacement of personnel Except as the “Client i.e. PWD (B&R), Haryana” may otherwise agree, no changes shall be made in the Personnel. If, for any reason beyond the reasonable control of the bidder, such as death, medical incapacity, among others, it becomes necessary to replace any of the Personnel, the bidder shall forthwith provide as a replacement a person of equivalent or better qualifications. If the “Client i.e. PWD (B&R), Haryana” (I) finds that any of the Personnel has committed serious misconduct or has been charged with having committed a criminal action, or (II) has reasonable cause to be dissatisfied with the performance o f any of the Personnel, then the bidder shall, at the “Client i.e. PWD (B&R), Haryana ” written request specifying the grounds therefore, forthwith provide as a replacement a person with qualifications and experience acceptable to the “Client i.e. PWD (B&R), Haryana”.
Any of the Personnel provided as a replacement under Clauses 31.1 and 31.2 Above, shall be subject to the prior written approval by the “Client i.e. PWD (B&R), Haryana”. Also the bidder shall bear all additional travel and other costs arising out of or incidental to any removal and/or replacement.
Resident Project Manager If required by Client i.e. PWD (B&R), Haryana, the bidder shall ensure that at all times during the bidder’s performance of the Services a resident project manager, acceptable to the “Client i.e. PWD (B&R), Haryana”, shall take charge of the performance of such Services.
Obligations of the “Client i.e. PWD (B&R), Haryana”
Assistance and exemptions Unless otherwise specified in the GC, the “Client i.e. PWD (B&R), Haryana” shall use its best efforts to ensure that the Organizing Committee shall:
45 | P a g e
Provide the bidder and Personnel with work permits and such other documents as shall be necessary to enable the bidder or Personnel to perform the Services.
Support for the Foreign Personnel/Artist to be provided promptly for all necessary entry and exit visas, residence permits, exchange permits and any other documents required for their stay in India.
Issue to officials, agents and representatives of the Client i.e. PWD (B&R), Haryana/ Organizing Committee all such instructions as may be necessary or appropriate for the prompt and effective implementation of the Services.
Provide to the bidder and Personnel any such other assistance.
Payment In consideration of the Services performed by the bidder under this Contract, the “Client i.e. PWD (B&R), Haryana” shall make to the bidder such payments and in such manner as is provided by GC (F) of this Contract.
Payment to the bidder
Currency of payment All payments shall be made in Indian Rupees.
Term of payment Inconsideration of the Services performed by the bidder under this Contract, the “Client i.e. PWD (B&R), Haryana” shall make to the bidder such payments and in such manner as is provided by GC (F) of this Contract.
Fairness and Good Faith
Good faith The Parties under take to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.
Operation of the Contract The Parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them, but no interpretation of failure on any action pursuant to this Clause shall give rise to a dispute subject to
46 | P a g e
arbitration in accordance with Clause GC (H) hereof. H.
Settlement of Disputes
Amicable Settlement Performance of the contract is governed by the terms & conditions of the contract, in case of dispute arises between the parties regarding any matter under the contract, either Party o f the contract may send a written Notice of Dispute to the other party. The Party receiving the Notice of Dispute will consider the Notice and respond to it in writing within 72 hours after receipt. If that party fails to respond within 48 hours, or the dispute cannot be amicably settled within 48 hours following the response of that party, clause GC 41 shall become applicable.
In the case of dispute arising upon or in relation to or in connection with the contract between Client i.e. PWD (B&R), Haryana and the bidder, which has not been settled amicably, any party can refer the dispute for Arbitration under (Indian) Arbitration and Conciliation Act, 1996. Such disputes shall be referred to an Arbitral Tribunal consisting of 3 (three) arbitrators, one each to be appointed by Client i.e. PWD (B&R), Haryana and the bidder, the third arbitrator shall be chosen by the two arbitrators so appointed by the parties and shall act as Presiding Arbitrator. In case of failure of the two arbitrators, appointed by the parties to reach a consensus regarding the appointment of the third arbitrator within a period of 30 days from the date of appointment of the two arbitrators, the Presiding arbitrator shall be appointed by the Engineer-in-Chief, PWD(B&R), Haryana. The Arbitration and Conciliation Act, 1996 and any statutory modification or re-enactment thereof, shall apply to these arbitration proceedings.
Arbitration proceedings shall be held in India at the place indicated in SC and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English.
The decision of the majority of arbitrators shall be final and binding upon both parties. The expenses of the arbitrators as determined by the arbitrators shall be shared equally by Client i.e. PWD (B&R), Haryana and the bidder. However, the expenses incurred by each party in connection with the preparation, presentation shall be borne by the party itself. All arbitration awards shall be in writing and shall state the reasons for the award.
Intellectual Property Rights
Definition: The term “Subject Ideas or Inventions” includes any and all ideas, processes, trademarks, service marks, inventions, designs, technologies, computer hardware
47 | P a g e
or software, original works of authorship, formulas, discoveries, patents, copyrights, copyrightable work products, marketing and business ideas, and all improvements, know-how, data, rights and claims related to the foregoing that, whether or not patentable, which are conceived, developed or created and which: (i) (ii) (iii) (iv)
relate to Client i.e. PWD (B&R), Haryana 's current or contemplated business or activities; relate to Client i.e. PWD (B&R), Haryana 's actual or demonstrably anticipated research or development; result from any concept or idea suggested to Client i.e. PWD (B&R), Haryana by bidder; involve the use of Client i.e. PWD (B&R), Haryana 's equipment, supplies, facilities or trade secrets;
result from or are suggested by any work done by Client i.e. PWD (B&R), Haryana or at Client i.e. PWD (B&R), Haryana 's request, or any projects specifically assigned to bidder; or
result from Client i.e. PWD (B&R), Haryana’s access to any of Client i.e. PWD (B&R), Haryana 's memoranda, notes, records, drawings, sketches, models, maps, customer lists, research results, data, formulae, specifications, inventions, processes, equipment o r other materials (collectively, “Client i.e. PWD (B&R), Haryana”materials. (a)
48 | P a g e
Client i.e. PWD (B&R), Haryana Ownership. All right, title and interest in and to all Subject Ideas and Inventions, whether or not registered or registrable, patented or patentable shall be held and owned solely by Client i.e. PWD (B&R), Haryana. bidder shall mark all Subject Ideas and Inventions with Client i.e. PWD (B&R), Haryana 's copyright or other proprietary notice as directed by Client i.e. PWD (B&R), Haryana and shall take all actions deemed necessary by Client i.e. PWD (B&R), Haryana, 2016 to protect Client i.e. PWD (B&R), Haryana 's rights therein. In the event that bidder should otherwise, by operation of law, be deemed to retain any rights (whether moral rights or otherwise) to any Subject Ideas and Inventions, bidder hereby assigns and otherwise transfers and agrees to assign and otherwise transfer to Client i.e. PWD (B&R), Haryana, without further consideration, Client i.e. PWD (B&R), Haryana’s entire right, title and interest in and to each and every such Subject Idea and Invention. Client i.e. PWD (B&R), Haryana, 2016 hereby waives any so - called “droit moral” rights, “moral rights of authors” and all other similar rights bidder may have in any Subject Ideas and Inventions, however denominated, throughout the world. No Use of Name bidder shall not at any time use Client i.e. PWD (B&R), Haryana, 2016's name or any Client i.e. PWD (B&R), Haryana trademark(s) or trade name(s) in any advertising or publicity without the prior written consent of Client i.e. PWD (B&R), Haryana.
Non-collusive bidding certification BY SUBMISSION OF THIS BID, BIDDER AND EACH PERSON SIGNING ON BEHALF OF BIDDER CERTIFIES, AND IN THE CASE OF JOINT BID, EACH PARTY
THERETO CERTIFIES AS TO ITS OWN ORGANIZATION, UNDER PENALTY OF PERJURY, THAT TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF:
 The prices of this bid have been arrived at independently, without collusion, consultation, communication, or agreement, for the purposes of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;  Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and  No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY AWARD BE MADE WHERE , ,  ABOVE HAVE NOT BEEN COMPLIED WITH; PROVIDED HOWEVER, THAT IF IN ANY CASE THE BIDDER(S) CANNOT MAKE THE FOREGOING, THE BIDDER SHALL SO STATE AND SHALL FURNISH BELOW A SIGNED STATEMENT WHICH SETS FORTH IN DETAIL THE REASONS THEREFORE: 44.
Liquidated Damages The Event Management Firm hereby agrees that due to negligence of act of the Event Management Firm, if Client i.e. PWD (B&R), Haryana suffer losses, damages, quantification of which may be difficult, and hence the amount specified hereunder shall be construed as reasonable estimate of the damages and the Event Management Firm agrees to pay such liquidated damages, as defined hereunder as per the provisions of this Contract. Liquidated damages to the sum of 5 to 10% of the contract price of the delayed/undelivered service for every day of delay or part of a day, subject to the maximum value of the liquidated damages being not more than 10% of the value of the contract. The liquidated damages shall be applicable under following circumstances: (a) If the deliverables are not submitted as per schedule mentioned/ prescribed/laid down, the Event Management Firm shall be liable to pay double the cost of the deliverables. (b) If the deliverables are not acceptable to Client i.e. PWD (B&R), Haryana, and defects are not rectified to the satisfaction of Client i.e. PWD (B&R), Haryana within 2 days of the receipt of the notice, the Event Management Firm shall be liable for Liquidated Damages for an amount equal to double the cost of the deliverables and is also not entitled to the Event Agency charges thereon.
49 | P a g e
“Nothing contained in this Contract shall be construed as establishing or creating between the Parties, a relationship of master and servant or principal and agent.
Any failure or delay on the part of any Party to exercise right or power under this Contract shall not operate as waiver thereof.
The stadium surface must be protected and any damages rectified within 12 hours of the conclusion of the Opening Ceremony.
The bidder shall notify Client i.e. PWD (B&R), Haryana of any material change in their status, in particular, where such change would impact on performance of obligations under this Contract.
Each member/constituent of the bidder, in case of a registered consortium/ association, shall be jointly and severally liable to and responsible for all Obligations towards Client i.e. PWD (B&R), Haryana, for performance of works/services including that of its Associates under the Contract.
The bidder shall at all times indemnify and keep indemnified Client i.e. PWD (B&R), Haryana, against all claims/damages etc. for any infringement of any Intellectual Property Rights (IPR) while providing its services under the Project.
The bidder shall at all times indemnify and keep indemnified Client i.e. PWD (B&R), Haryana, against any claims in respect of any damages or compensation payable in consequences of any accident or injury sustained or suffered by its (the bidder’s) employees or agents or by any other third Party resulting from or by any action, omission or operation conducted by or on behalf of the bidder.
The bidder shall at all times indemnify and keep indemnified Client i.e. PWD (B&R), Haryana, against any and all claims by Employees, Workman, Contractors, subcontractors, suppliers, agent(s), employed engaged or otherwise working for the bidder’s, in respect of wages, salaries, remuneration, compensation or the like.
All claims regarding indemnity shall survive the termination or expiry o f the Contract.
45.10 It is acknowledged and agreed by all Parties that there is no representation of any type, implied or otherwise, of any absorption, regularization, continued engagement or concession or preference for employment of persons engaged by the (bidder) for any engagement, service or employment in any capacity in any office or establishment of Client i.e. PWD (B&R), Haryana
50 | P a g e
ANNEXURE- A UNDERTAKING To: The Superintending Engineer, Gurugram Circle, PWD (B&R), Gurugram
I/WE Of (insert business address) Hereby submit our Bid in response to the Request for Proposal (RFP) for management and delivery of the, Opening ceremony for celebration of 50 years of Haryana State and undertake to execute and complete the services as we will be reasonably required to perform in accordance with our Bid, the RFP requirements and final work order to be issued by Client i.e. PWD (B&R), Haryana. This RFP shall remain valid to be accepted by Client i.e. PWD (B&R), Haryana and shall not be withdrawn for a period of 120 days from the date of submission of manual submission of EMD. I/We understand that Client i.e. PWD (B&R), Haryana, reserves the right to accept/ reject any application and the selection is at their sole discretion. Authorized Signature
Name in full
Title Date ________
51 | P a g e
ANNEXURE – B DETAILED SCOPE OF WORK The Producer is responsible for the delivery of, Opening and the Closing Ceremonies including but not limited to the following tasks and outputs to be completed within nominated time phase.
Tasks/Elements – ongoing throughout Project Outputs
Attending Client i.e. PWD (B&R), Haryana meetings
Liaison/Communication with all Client i.e. PWD (B&R), Haryana programs
Proposed Tasks/Elements – Production •
Sourcing, appointing, directing and managing of performers, artists, Master of Ceremony and other creative personnel
Procure and manage lighting requirements
Procure and manage audio/sound requirements
Show Details – Opening Ceremony
Procure and manage screens /vision boards
Confirm Broadcaster needs
Procure and requirements
Procure and requirements
Finalize and coordinate recording of music
Procure and manage costumes and implement wardrobe management system.
Finalize and coordinate Building of props, scenic art and sets
Procure and manage staging and rigging requirements
Select cast (core and volunteer) and performers, including ands etc.
Coordinate Choreography of segments and training of cast and performers
Coordinate Presentation of detailed scripts
Finalize and coordinate Production of graphics and animations for broadcast and vision screens.
Coordinate to Obtain Performer and creator releases
Logistics and venue plan
Key prime contracts
Protocol segment approvals
Preliminary: o Run sheets o Stage Management plans o Accreditation forms submitted
Coordinate for arrangement of transport o Cast and Crew Freight/logistics (for India o only)
Coordinate to obtain statutory approvals and meet responsibility.
Coordinate with Security FA for managing the Lead Cast Security
Coordinate to Protect assets physical and IP
Prepare delivery schedules
Coordinate for commencement of venue overlay – build/install staging, lighting. Audio, rigging, sets, etc.
Prepare Bump in Plan
Prepare Bump out Plan o Opening Ceremony – within 12 hours
Develop catering plan for : o Cast o Crew o Workforce
Review and refine detailed contingency planning o Weather contingencies o Emergency and evacuation plans o Prepare preliminary run sheets
o Facility management •
Prepare accreditation procedures for cast, crew, workforce, contractors, etc
Tasks /Elements–Rehearsals •
Coordinate Out of venue rehearsals :
Fully completed segment testing
Fully integrated show testing, practice and timing for Opening and Closing Ceremonies.
Client i.e. PWD (B&R), Haryana final show approval
Coordinate Venue Rehearsals :
Dress Rehearsals Final testing in venue with Broadcast Show Implement the plans to the highest level of delivery seen for an outdoor stadium based production in Gurugram (Haryana)
Tasks /Elements–Bump out • •
Transition from Opening Ceremony to field of play within the Client i.e. PWD (B&R), Haryana –12 hours
Venue “clean” and ready for participants by 11am on 31st October 2016
Bump out from Ceremony within 7days.
Tasks /Elements–Wrap Up
Completed reports to Client i.e. PWD (B&R), Prepare written reports on the lessons learned • Haryana for inclusion into the Transfer of knowledge documentation • Pre-release reconciliation •
ANNEXURE – C Scope of work
Haryana is celebrating 50 years as a state and for the same the Government of Haryana would like to appoint an agency to conceptualize, produce, direct and execute a grand opening ceremony on 1st November 2016 at Devi Lal Stadium, Gurgaon. The scope of work for the agency will be as follows. The agency will have to work in tandem with the Government of Haryana to deliver the Opening Ceremony event • The event will be held at Tau Devi Lal stadium in Gurgaon, Haryana on 1st November 2016 for approximately 10,000 – 15,000 guests for an approximate duration of 2 hours and 30 minutes. • The agency will need to creatively conceptualize a grand Opening ceremony to mark the golden jubilee year of Haryana and include various cultural and historical elements of Haryana as well as to showcase the contribution of Haryana to the progress of India. • The agency will have to manage the event and provide complete end-to-end solutions from audience entries, gate management, parking, VIP entrance and flow, seating etc. • All necessary arrangements with regards to the deployment of security, ushers, gate managers etc. will have to be accounted for by the agency. • The agency will have to develop the overall concept, program schedule, and event flow for the event as per the theme concept approved by the Haryana Government. • The agency will have to provide inputs on the basis of past experience and unique expertise in the creation, staging, planning, creative enhancements, coordination, organizing, producing, directing, managing and executing the event. • The service provider will have to provide the following o Planning of creative storyboards, scripts and designs o Logistics and production plans / schedules including but not limited to audiovisual, sound, lighting, props/stage/backdrop, décor, rigging, pyrotechnics, communication, lasers, LED screens, power supply etc.) o All necessary venue arrangements for seating, toilets, venue lighting etc. o Management of vendors and delivery of the same. o Monitoring the day to day schedules o Adhering to all policies with regards to risk management o Liaison with the concerned authorities for effective venue management planning coordination and execution. o Directing and managing the production and technical elements • The Government of Haryana will provide the venue for the necessary number of days as provided by the agency for setup, rehearsals, event and dismantling. • The Government of Haryana will assist with all necessary licenses and permission as required for the event. The government of Haryana will provide school children on best endeavor basis for the various performances in the event • The agency will need to factor in the necessary protocol elements while designing the Opening Ceremony event. •
The agency will have to submit the following • • • • •
Complete storyboard of the event with designs Theme and concept for the Opening Ceremony Venue layout and logistics plan Designs and décor elements as proposed by the agency for the venue New technology and ideas proposed by the agency.
Other Requirements 1.
Identification and sanitisation of the Venue
The aim of this section is to help you formulate a comprehensive map or plan of the site. You will need to consider potential hazards, access and egress of emergency services, and other needs such as pedestrians, traffic and shelter. Some considerations to get you on the right track include: Where are the designated evacuation points? A site plan is a map of the event and is essential for event planning and management. Schedule rain plan, if applicable
Temporary Structures Temporary Structures include - a stage or platform a tent, marquee or booth a seating stand a prefabricated building. Event organizers should consult with their local government authority when temporary structures are required. • Lighting and Power Even in venues darkened for the performance, lighting should always be adequate to identify exits as well as corridors and aisles leading to them. Auxiliary battery power or generators should be installed to provide light in a power outage and to power the public address system. As many concerts are performed with only stage lighting, access to the main lighting or house lights is essential in case of an emergency. The location of the controls for these lights, and the operation of the controls, must be known to those on-site responsible for emergencies. Do you have emergency power & lighting? Describe emergency power and lighting systems. It is recommended that an electrician be available for the event. • Signage Clear appropriate signage is essential. When and where signage can be placed. Examples of signage required include: Entrances and exits Parking Toilets, First aid post, Security Information/Communication/Incident Control Centre •
A/V capabilities Microphones – wired or wireless, Microphones – hand held or lavaliere, Microphones – table or floor stands, Video cameras Portable sound systems, Mixer boards Desktop – laptop computers Projectors Media Sources; CD - DVD - Visual Presenter Screens Lecterns- With / without microphone Supplemental lighting, Specialty lighting – trusses – rigging – spots, Lighting placement for presenters & speakers Electrical supply OK or additional needed Staging built-in or rental of risers if needed
Hand rails and steps to order Background music – Sound effects Speaker-ready rooms (Green room) Speaker's live screen review monitor 3.
Creative Innovative Ideas Overall theme and conceptualisation of the event Creative and execution of the main event Content and AVs Elaborated presentation on the nature of launches The event should be innovative in order to excite the imagination and interest of your audience Think outside of the box Use of technology
Programme and Event Flow Drafting a sequence of event -activities to be listed in the order that they occurred. They go in time order from the beginning to the middle to the end without jumping around in time
Innovative activities using technology during the inauguration ceremony
PM / CM arrangements including PM Lounge, protocol and other formalities
Invitees management List of Invitees Manage Invitations Manage Email Invitations Tracking Links Follow-up Mechanism Minimum Infrastructure required Stage size with combination of elevated and ground level design Necessary equipment/ instruments for suitable lighting effects. Stage Lighting should be of suitable rating & of reputed brand as per the requirement of the event and stage Necessary lighting arrangements for live telecast of the event o Professional sound system of reputed brand of required capacity as per event including Public Address Services o Silent diesel power generator sets of desiredcapacity
Please Note: The Event Management Agency shall also have the option to place before the Client any new technology/ new concept/ new idea w.r.t the arrangements, infrastructure requirements etc. as part of the Concept Presentation. The Client reserves the right to approve / disapprove the same and no change in the above stated infrastructure requirements or event capacity shall be allowed without prior written approval of the Client.
ANNEXURE - D
AGREEMENT FORM THIS AGREEMENT made the....... day of.................................., 20... between .......................... (Name of purchaser) of .............. (Country of Purchaser) (hereinafter called "the Purchaser") of the one part and ..................... (Name of Supplier) of......................... (City and Country of Supplier) (hereinafter called "the Supplier") of the other part : WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz., (Brief Description of Goods and Services) and has accepted a bid by the Supplier for the supply of those goods and services in the sum of .............................. (Contract Price in Words and Figures) (hereinafter called “the Contract Price”). .....................................
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to. 2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.: (a) The Bid Form and the Price Schedule sub mitted by the Bidder; (b) The Schedule of Requirements; (c) The Technical Specifications; (d) The General Conditions of Contract; (e) The Special Conditions of Contract; and (f) The Purchaser’s Notification of Award. 3. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter Mentioned, the Supplier hereby covenants with the Purchaser to provide the goods and services and to Remedy defects Therein in conformity in all respects with the provisions of the Contract. 4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods and services and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.
1. Brief particulars of the goods and services which shall be supplied /provided by the Supplier are as under: Brief Description of Sr. No. Unit Price Total Delivery Terms Services
TOTAL VALUE: DELIVERY SCHEDULE:
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with their respective laws the day and year first above written. Signed, Sealed and Delivered by the Said ….................................................. (For the Purchaser) in the presence of:….................................... Signed, Sealed and Delivered by the Said ….................................................. (For the Supplier) in the presence of:…....................................
ANNEXURE – E PERFORMANCE SECURITY FORM To: (Name of Purchaser) WHEREAS ................................................................... (Name of Supplier) hereinafter called "the Supplier" has undertaken, in pursuance of Contract (Notification of Award) No.................dated ,........... 20... to Supply ....................................................................... (Description of Goods and Services) hereinafter called "the Contract". AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall furnish you with a Bank Guarantee b y a recognized bank for the sum specified therein as security for compliance with the Supplier's performance obligations in accordance with the Contract AND WHEREAS we have agreed to give the Supplier a Guarantee: THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Supplier, up to a total of ................................... ........................................ (Amount of the Guarantee in Words and Figures) and we undertake to pay you, upon your first written demand declaring the Supplier to be in default under the Contract and without cavil or argument, any sum or sums within the limit of ................................ (Amount of Guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein.
This guarantee is valid upto 180 days from the final submission of all documentation and reports of the ceremony and acceptance by the client. Signature and Seal of Guarantors ................................ ................................ ................................ Date......................20.... Address: ............................... ................................ .................................
ANNEXURE – F BID SECURITY FORM Whereas ........................... (hereinafter called “the Bidder”) has submitted its bid dated (date of submission of bid) for the supply of ................................. ...................... and/or description of the goods) (hereinafter called “the Bid”). KNOW ALL PEOPLE by these presents that WE .....................
(name of bank) of
.................. (name of country), having our registered office at .................. (address of bank) (hereinafter called “the Bank”), are bound unto ............................. (name of Purchaser) (hereinafter called “the Purchaser”) in the sum of _ for which payment well and truly to be made to the said Purchaser, the Bank binds itself, its successors, and assigns by these presents. Sealed with the Common Seal of the said Bank this day of _ 2016 THE CONDITIONS of this obligation are: 1.
If the Bidder a.
Withdraws its Bid during the period of bid validity specified by the Bidder on the Bid Form; or
Does not accept the correction of errors in accordance with the ITB; or
If the Bidder, having been notified of the acceptance of its bid b y the Purchaser during the period of bid validity: a)
Fails or refuses to execute the Contract Form if required; or
Fails or refuses to furnish the performance security, in accordance with the Instruction to Bidders; we undertake to pay the Purchaser up to the above amount upon receipt of its first written demand, without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser will note that the amount claimed by it is due to it, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions.
This guarantee will remain in force up to and including forty five (90) days after the period of the bid validity, and any demand in respect thereof should reach the Bank not later than the above date. .................................. (Signature of the Bank) ---------------------------------------Name of Bidder
ANNEXURE – G AUTHORIZATION FORM No. Dated _____
To Superintending Engineer Gurugram Circle, PWD (B&R), Gurugram (Haryana) Dear Sir: E-Tender No. We who are established and reputable firm/company (name and description of goods / Services offered) having office at (address of Bidder) do hereby authorize M/s (Name and address) to submit a bid, and sign the contract with you for the goods/Services against the above IFB. No company or firm or individual other than M/s
to bid, and conclude the contract for the above goods manufactured by us, against this specific E-Tender. We hereby extend our full guarantee and warranty Terms & Conditions of Contract for the goods and services offered for supply by the above firm against this E-Tender.
Yours faithfully, (Name)
(Name of Bidder) Note: This letter of authority should be on the letterhead of the Bidder and should be signed by a person competent and having the power of attorney to legally bind the Bidder. It should be included by the Bidder in its bid.
ANNEXURE – H Concept Note for Opening Ceremony of Swarn Jayanti Celebration at Tau Devi Lal Stadium, Sector-38 at Gurgaon. 1.
Govt. of Haryana has decided to celebrate Swarn Jayanti of state of Haryana from 1st November, 2016 to 31st October, 2017. He has been decided a Grand opening of Haryana Swarn Jayanti Celebrations will be held on 1st November, 2016 at Tau Devi Lal Stadium, Sector-38, Gurgaon. Swarn Jayanti Celebration would be organized whole year form 1st November, 2016 to 31st October, 2017 by holding various cultural activities, sports, tournaments, speech, competition etc. including Grand Opening Ceremony by Prime Minister of India. State Govt. instances to show case history, economic progress and achievements of State over the last five decade since Haryana become independence state of India. 2. OPENING CEREMONY:The Opening Ceremony will be held on 1st of November 2016 at Tau Devi Lal Stadium, Sector38, Gurgaon. The ceremony must aim at being ice breaker for the terms for the officials, spectators and General Public of Haryana. Following could be kept in mind while developing the concept Ceremony. a)
Large participation by School, Colleges and other Institutions show casing history, economic progress and achievements of State of Haryana in last fifty decade.
b) Event be concerned as opening of Swarn Jayanti of Celebrations of state of Haryana. c)
Culture Events show casing the Culture of state of Haryana be interspersed.
d) Should depict participation and development of Haryana in last fifty decade i.e. In Cultural, Industries, Defense, Games etc.
NOTE: 1. The agency that executes the Opening ceremony of the Opening ceremony eventshould be able to interpret the concept subjectively. 2.
Its is possibleInstructionsthatmanymoreforideasOnlineandnewBidinnovativeSubmission :conceptsduring the process of developing presentations might emerge.
Depending on their suitability they should become a part of the events
ANNEXURE I TENDER ACCEPTANCE LETTER (To be given on Company Letter Head)
Date: To, ______________________ ______________________ ______________________ ______________________ ______________________ Sub: Acceptance of Terms & Conditions of Tender.
Tender Reference No: ________________________
Name of Tender / Work: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ _________________________________________________________________________________ __________________________________________________________________________________ Dear Sir, 1. I/ We have downloaded / obtained the tender document(s) for the above mentioned ‘Tender/Work’ from the web site(s) namely: __________________________________________________________________________________ __________________________________________________________________________________ as per your advertisement, given in the above mentioned website(s). 2. I / We hereby certify that I / we have read the entire terms and conditions of the tender documents from Page No. _______ to ______ (including all documents like annexure(s), schedule(s), etc .,), which form part of the contract agreement and I / we shall abide hereby by the terms / conditions / clauses contained therein. 3. The corrigendum(s) issued from time to time by your department/ organisation too have also been taken into consideration, while submitting this acceptance letter. 4. I / We hereby unconditionally accept the tender conditions of above mentioned tender document(s) / corrigendum(s) in its totality / entirety. 5. I / We do hereby declare that our Firm has not been blacklisted/ debarred by any Govt. Department/Public sector undertaking. 6. I / We certify that all information furnished by the our Firm is true & correct and in the event that the information is found to be incorrect/untrue or found violated, then your department/ organisation shall without giving any notice or reason therefore or summarily reject the bid or terminate the contract , without prejudice to any other rights or remedy including the forfeiture of the full said earnest money deposit absolutely.
(Signature of the Bidder, with Official Seal)
to symmetric encryption using a system generated symmetric key. Further this key is subjected to asymmetric encryption using buyers/bid openers public keys. Overall, the uploaded tender documents become readable only after the tender opening by the authorized bid openers.
7) The uploaded tender documents become readable only after the tender opening by the authorized bid openers. 8) Upon the successful and timely submission of bids (ie after Clicking “Freeze Bid Submission” in the portal), the portal will give a successful bid submission message & a bid summary will be displayed with the bid no. and the date & time of submission of the bid with all other relevant details. 9) The bid summary has to be printed and kept as an acknowledgement of the submission of the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.
ASSISTANCE TO BIDDERS 1) Any queries relating to the tender document and the terms and conditions contained therein should be addressed to the Tender Inviting Authority for a tender or the relevant contact person indicated in the tender. 2) Any queries relating to the process of online bid submission or queries relating to Government of Haryana eProcurement Portal in general may be directed to the 24x7 Government of Haryana eProcurement Portal Helpdesk Mobile Number - +91 8826246593 Tel: 0120-4200462, 0120-4001002.
Sr. Event No.
Rate including all taxes
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 & so on Total Note : Bidder is to fill this format for his items of event, he planned for this opening ceremony. The sum of rate of all the items should tally the rates quoted in the commercial bid. This format of BOQ duly filled should be submitted as an attachment with the Commercial Bid.
PRESS NOTICE HARYANA PWD (B&R) Notice for inviting Tenders The Governor of Haryana invites the bids from eligible bidders through online bids in the website: https://haryanaeprocurement.gov.in for the works detailed in the table. Sr. No
Name of work
2 Conceptualizing, Producing, Directing & Executing a Grand Opening Ceremony to celebrate Haryana Swaran Jayanti Celebrations at Tau Devi Lal Stadium, Gurugram
Approxi mate value of works (Rs.) 3 750.00 lacs
Earnest money (Rs.)
Cost of document /E-service fee (Rs.)
4 30.00 lacs
6 30 (Thirty) Days
Date & time for bid preparation to Hash submission 7 04.09.2016 17:01 Hrs. to 15.09.2016 21:00 Hrs.
For further details and e-tendering schedule visit website http://haryanapwdbandr.org/ https://haryanaeprocurement.gov.in
For & on behalf of Governor of Haryana. Superintending Engineer Gurgaon Circle PWD B&R Br. Gurgaon
DETAIL NOTICE INVITING TENDER
The Governor of Haryana invites the bids from eligible bidders through online bids in the website: http://haryanaeprocurement.gov.in for the work detailed in the table.
Name of work
2 Conceptualizing, Producing, Directing & Executing a Grand Opening Ceremony to celebrate Haryana Swaran Jayanti Celebrations at Tau Devi Lal Stadium, Gurugram
Approxi mate value of works (Rs.) 3 750.00 lacs
E/Money Societies/ Contractor (Rs.)
Cost of document /E-service fee (Rs.)
4 30.00 lacs
6 30 (Thirty) Days
Date & time for bid preparation to Hash submission 7 04.09.2016 17:01 Hrs. to 15.09.2016 21:00 Hrs.
Bidding documents can be downloaded from the portal http://haryanaeprocurement.gov.in. Earnest money, tender document fee and e-service fee have to be deposited as per instructions to bidders of bid document. The payment of tender document fee shall be made by eligible bidders online directly through internet banking accounts and e-service fee through debit cards and internet banking accounts. The payment for EMD can be made / submitted physically. However the details of the EMD are required to be filled/provided scan copy at the time of ‘Online Bid Preparation Stage; the bidders are required to keep EMD details ready beforehand. Intending bidders will be mandatorily required to online Sign-up (create user account) on the website http://haryanaeprocurement.gov.in to be eligible participate in the e-tender. He / she will be required to deposit EMD physically in the form as mentioned in the bid document. The interested bidders shall have to pay mandatorily e-Service fee (Non refundable) of Rs.1000/- (Rupees one thousand only) online by using the service of secure electronic gateway. The secure electronic gateway is an online interface between bidders & online payment authorization networks.
The contractual agencies can submit their tender documents as per the dated mentioned in the key dates below:Sr. PWD B&R Stage No. 1. Release of Tender 2.
Start Date and Time
04.09.2016 09.00 Hrs. 04.09.2016 17.01 Hrs.
Expiry Date and Time 04.09.2016 Upto 17.00 Hrs. 15.09.2016 Upto 21.00 Hrs.
16.09.2016 09.00 Hrs.
16.09.2016 Upto 14.00 Hrs.
16.09.2016 14.01 Hrs.
16.09.2016 Upto 17.00 Hrs.
Online Bid preparation & submission (Bidder Stage) Manual Submission of additional documents
Date & time of Control Transfer of Bids opening of Technical Bids/s 5. Date & time of opening of Financial Bids/s
To be announced later on
Pre bid meeting will be held on 09.09.2016 at 14.00 Hrs. in Haryana Bhawan, New Delhi to clarify the issue and to answer questions on any matter that may be raised at that stage. Important Note: 1.
The bidders have to complete ‘Bid Preparation & Submission’ stage on schedule time as mentioned above. If any bidder to complete his/her aforesaid stage in the stipulated online time schedule for this stage, his/her bid status will be considered as ‘bids not submitted’.
Bidder must confirm & Check his/her bid status after completion of his/her all activities for e-bidding
Bidder can rework on his/her bids even after completion of ‘Bid Preparation & Submission stage’ (Bidder Stage), subject to the condition that the rework must take place during the stipulated time frame of the bidder stage.
The Bidders can download the bidding documents from the Portal http://haryanaeprocurement.gov.in. The tender document fee has to be deposited online directly through internet banking accounts and e-service fee through debit cards / internet banking accounts during the Bid Preparation and Hash Submission stage and Bid Security has to be submitted in a separate sealed BS envelope. The bidders shall have to pay the Tender Document Fee as mentioned against the work at the time of Bid Preparation and Hash Submission stage. The Bid Security / earnest
money will have to be in any one of the form as specified in the bidding document. The BS envelop has to reach in the office of the Executive Engineer, Provincial Division No.II, PWD B&R Br., Gurgaon on 1 6 . 0 9 . 2 0 1 6 (upto 14:00 Hrs.) However, as the details of the Bid Security are required to be filled at the time of Bid Preparation and Hash Submission stage, the Bidders are required to keep the BS ready appropriately. 5.
The tender shall be submitted by the tenderer in the following three separate envelops : 1. Earnest Money Envelope ‘BS’ (scanned copy online and
hard 2. N.I.T. and Technical Bid 3. Tender in Form – A (Price Bid)
copy in physical form) Envelope ‘T I’ (on line) Envelope ‘C I’ (on line)
Note: Online Bidders are required to submit the physical BS in a physical BS Envelop – ‘BS’. Price Bids and Technical Bid are to be submitted mandatory online and shall not be accepted in any physical form. Reference of the BS is to be mentioned online. Above envelop, as applicable, shall be kept in a big outer envelop, which shall also be sealed, In the first instance, the Envelop – ‘BS’ of all the Bidders containing the Bid Security shall be opened online and physically. If the Earnest Money is found proper, Technical Bid shall be opened in the presence of such contractors who choose to be present. The Financial Offer in Envelop in ‘CI’ shall be opened (online) only if the tenderers meet the qualification criteria as per the Bid document. The date of opening of Financial Bid shall be fixed at the time of opening of Technical Bid. The Contractual Agencies will submit the necessary documents as under. Envelope ‘BS’ – Bid Security Envelope Physical BS Envelop – The Bid Security will have to be in any one of the fours as specified in the bidding document. Online BS Envelope—Reference details of the Bid Security instrument and scanned copy of the Bid Security. In case financial bid is submitted but Bid Security has not been submitted by any bidder, then bidder would be debarred from further tendering in Haryana PWD (B&R) for a period of minimum 1 years. Adjustment of tender document fees of the Contractors / Agencies:1. “Single tender shall normally not be considered unless there are special circumstances to do so. In such eventuality, decision to accept the single tender shall be as prescribed in the rules. If special circumstances are not present,
tenders shall be re-called. If re-tendering again results in a single tender, its acceptance may be considered with proper justification and reasons” 2. Those bidders shall not be required to pay tender document fees, who choose to submit bids again on tender being re-called on account of single tender / bid being received on first call. Envelope ‘CI’ – Price Bid Envelope Information related to Price Bid of the tender to be submitted mandatory online The envelope marked BS shall be submitted clearly marking the name of agency and name of work. The contractual Agencies can submit their tender documents as per the dates mentioned in the key Dates above. CONDITONS:1) 2) 3)
4) 5) 6) 7) 8)
DNIT & Prequalification criteria can be seen on any working day during office hours in office of the undersigned. Conditional tenders will not be entertained & are liable to be rejected. In case the day of opening of tenders happens to be holiday, the tenders will be opened on the next working day. The time and place of receipt of tenders and other conditions will remain unchanged. The undersigned reserve the right to reject any tender or all the tenders without assigning any reason. The societies shall produce an attested copy of the resolution of the Co-Operative department for the issuance of tenders. The tender without earnest money/bid security will not be opened. The jurisdiction of court will be at Gurgaon. The tender of the bidder who does not satisfy the qualification criteria in the bid documents are liable to be rejected. Summarily without assigning any reason and no claim whatsoever on this account will be considered. The bid for the work shall remain open for acceptance during the bid validity period to be reckoned from the last date of ‘manual submission of BS. If any bidder/ tenderer withdraws his bid/ tender before the said period or makes any modifications in the terms and conditions of the bid, the said earnest money shall stand forfeited. Bids would require to be valid for 120 days from the date of bid closing i.e. from last date of manual submission of EMD. In case the last day to accept the tender happens to be holiday, validity to accept tender will be the next working day. Superintending Engineer Gurgaon Circle, PWD B&R Br., Gurgaon.
1. 2. 3. 4. 5. 6. 7. 8.
Copy forwarded to the followings for information and wide publicity. The Engineer-in-Chief, Haryana PWD B&R Br., Chandigarh. Deputy Commissioner, Gurgaon. All the Superintending Engineer, Haryana PWD B&R Br. All the Executive Engineer, Haryana PWD B&R Br. All Contractors /societies/consultants of appropriate class. Manager Union Co. operative Societies department, Gurgaon. Assistant Registrar Co. operative department, Gurgaon. Superintendent/ C.H.D. / Notice Board. Superintending Engineer Gurgaon Circle, PWD B&R Br., Gurgaon.