TaxTMI 
TaxTMI 
RFP for selection of agency for Brass Paperweight Lions
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....FP for selection of agency for Brass Paperweight Lions <br>News and Press Release<br>Dated:- 11-1-2016<br><BR>============= Document 1 DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION Ministry of Commerce and Industry, Government of India National Competitive Bidding (NCB) APPOINTMENT OF AGENCY FOR DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION REQUEST FOR PROPOSAL 1 JANUARY 2016 NOTICE INVITING REQUEST FOR PROPOSAL DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION REQUEST FOR PROPOSAL (RFP) FOR SELECTION OF AGENCY FOR PRODUCTION AND SUPPLY OF GIVEAWAYS FOR DEPARTMENT OF BRASS PAPERWEIGHT LIONS FOR DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION NATIONAL COMPETITIVE BIDDING The Department of Industrial Policy & Promotion, Ministry of Commerce and Industry, Government of India, following a successful launch of the Make in India initiative and to provide greater momentum to the 'Make in India' initiative, is organizing a landmark event called the "Make in India Week" in Mumbai from Feb 13-Feb 18, 2016. The Department proposes to procure 7000 brass paperweight lions to be used as giveaways during the week. The salient features of the project, eligibility criteria and prescri....
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....bed formats for submission can be accessed in the RFP document uploaded on the website: http://dipp.nic.in Interested applicants are requested to submit their responses to the RFP on Central Public Procurement Portal (http://eprocure.gov.in) on or before 18th January, 2016 till 3:00 PM. The submissions must be addressed to: Deputy Secretary (BE-III), Department of Industrial Policy and Promotion Ministry of Commerce & Industry, Government of India Udyog Bhawan New Delhi-110011 2 Disclaimer 1. 2. This RFP document is neither an agreement nor an offer by Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India (hereinafter referred to as DIPP) to the prospective Applicants or any other person. The purpose of this RFP is to provide information to the interested parties that may be useful to them in the formulation of their proposal pursuant to this RFP. DIPP does not make any representation or warranty as to the accuracy, reliability or completeness of the information in this RFP document and it is not possible for DIPP to consider particular needs of each party who reads or uses this RFP document. This RFP includes s....
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....tatements which reflect various assumptions and assessments arrived at by DIPP in relation to the statement of work. Such assumptions, assessments and statements do not purport to contain all the information that each Applicant may require. Each prospective Applicant should conduct its own investigations and analyses and check the accuracy, reliability and completeness of the information provided in this RFP document and obtain independent advice from appropriate sources. 3. 4. DIPP will not have any liability to any prospective Applicant/ Firm/ or any other person under any laws (including without limitation the law of contract, tort), the principles of equity, restitution or unjust enrichment or otherwise for any loss, expense or damage which may arise from or be incurred or suffered in connection with anything contained in this RFP document, any matter deemed to form part of this RFP document, the award of the Assignment, the information and any other information supplied by or on behalf of DIPP or their employees, any Agency or otherwise arising in any way from the selection process for the Assignment. DIPP will also not be liable in any manner whether resultin....
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....g from negligence or otherwise however caused arising from reliance of any Applicant upon any statements contained in this RFP. DIPP will not be responsible for any delay in receiving the proposals. The issue of this RFP does not imply that DIPP is bound to select an Applicant, for the supply order and DIPP reserves the right to accept/reject any or all of proposals submitted in response to this RFP document at any stage without assigning any reasons whatsoever. DIPP also reserves the right to withhold or withdraw the process at any stage with intimation to all who submitted the RFP Application. 3 5. 6. The information given is not exhaustive on account of statutory requirements and should not be regarded as a complete or authoritative statement of law. DIPP accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on the law expressed herein. DIPP reserves the right to change/ modify/ amend any or all provisions of this RFP document. Such revisions to the RFP / amended RFP will be made available on the website of DIPP and CPPP portal. Section 1. Letter of Invitation New Delhi Date: January 2016 The Department of Industrial Polic....
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....y & Promotion, Ministry of Commerce and Industry, Government of India, following a successful launch of the Make in India initiative and to provide greater momentum to the 'Make in India' initiative, is organizing a landmark event called the "Make in India Week" in Mumbai from Feb 13-Feb 18, 2016. The Department proposes to procure 7000 brass paperweight lions to be used as giveaways during the week. The salient features of the project, eligibility criteria and prescribed formats for submission can be accessed in the RFP document uploaded on the website: http://dipp.nic.in The procurement will be selected as per Cost Based Selection (CBS). Based on technical evaluation, a list of technically qualified Applicants shall be prepared. The Financial Proposals of all technically qualified Applicants will be opened and evaluated by the Tender Evaluation. The award will be made to the lowest financial bid from among the technically qualified applicants. The RFP includes the following documents: SECTION 1: Letter of Invitation SECTION 2: Instructions to Applicants SECTION 3: Technical Proposal - Standard Forms SECTION 4: Financial Proposal - Standard forms SECTION 5: Terms ....
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....of Reference SECTION 6: Standard format of Work Order All clarifications/ corrigenda will be published only on the website of DIPP. The official website for accessing the information related to this RFP is: www.dipp.nic.in (the "Official Website") along with Central Public Procurement Portal (eprocure.gov.in/eprocure/app). Yours sincerely, Deputy Secretary DIPP 5 Section 2. Instructions to Applicants 2.1 Introduction 2.1.1 The Client named in the Data Sheet will select an organization in accordance with the method of selection specified in the Data Sheet. Applicants are advised that the selection of Agency shall be on the basis of an evaluation by Client through the selection process specified in this RFP (the "Selection Process"). Applicants shall be deemed to have understood and agreed that no explanation or justification for any aspect of the Selection Process will be given and that Client's decisions are final without any right of appeal whatsoever. 2.1.2 The Applicants are invited to submit Technical and Financial Proposals (collectively called as "the Proposal"), as specified in the Data Sheet, for the supply order required for the Assignment. The Propos....
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....al will form the basis for grant of work order to the selected agency. The agency shall carry out the assignment in accordance with the Terms of Reference of this RFP (the "TOR"). 2.1.3 The Applicant shall submit the Proposal in the form and manner specified in this RFP. The Proposal shall be submitted as per the forms given in relevant sections herewith. 2.1.4 Applicants shall bear all costs associated with the preparation and submission of their proposals, and their participation in the Selection process, and presentation including but not limited to postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by Client or any other costs incurred in connection with or relating to its Proposal. The Client is not bound to accept any Proposal, and reserves the right to annul the selection process at any time prior to grant of work order, without thereby incurring any liability to the Applicants. 2.1.5 Client requires that the Applicant hold Client's interests' paramount, avoid conflicts with other assignments or its own interests, and act without any consideration for future work. The applicant shall not accept or engage i....
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....n any assignment that may place it in a position of not being able to carry out the assignment in the best interests of Client and the Project. 2.1.6 It is the Client's policy to require that the Applicants observe the highest standard of ethics during the Selection Process and execution of work/assignment. In pursuance of this policy, the Client: (i) will reject the Proposal for award if it determines that the Applicant has engaged in corrupt or fraudulent activities in competing the work order in question; (ii) will declare an Applicant ineligible, either indefinitely or for a stated period of time, to be awarded any contract or work order if it at any time determines that the Applicant has engaged in corrupt or fraudulent practices in competing for and in executing the work order. 2.1.7 Arbitration: If any dispute or difference of any kind whatsoever arises between the parties in connection with or arising out of or relating to or under this RFP, the parties shall promptly and in good faith negotiate with a view to its amicable resolution and settlement. In the event no amicable resolution or settlement is reached within a period of ten (10) days from the date on....
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.... which the above-mentioned dispute or difference arose, such dispute or difference shall be finally settled by Secretary, DIPP, whose decision shall be final. 2.1.8 Termination of Assignment: Client will have the right to terminate the assignment by giving ten (10) days written notice. In the event of termination for no fault of Applicant, the Client will reimburse all the expenses incurred by the Applicant (upon submission of proof) including closing-up of the project. If the assignment is terminated due to the fault of the Applicant or in case of termination of the assignment by the Applicant for reasons not attributable to the Client, the Client will forfeit the performance security of the Applicant. 2.1.9 The Applicant shall submit his proposal in three covers containing details of EMD, Technical Proposal and Financial Proposal respectively on Central Public Procurement Portal (http://eprocure.gov.in/eprocure/app). 2.1.10 Based on technical evaluation, a list of technically qualified Applicants shall be prepared. The Financial Proposals of all technically qualified Applicants will be opened and evaluated by the Tender Evaluation Committee. 2.1.11 Number of Propo....
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....sals: No Applicant shall submit more than one Application. 2.1.12 Right to reject any or all Proposals: (i) Notwithstanding anything contained in this RFP, the Client reserves the right to accept or reject any Proposal and to annul the Selection Process and reject all Proposals, at any time without any liability or any obligation for such acceptance, rejection or annulment, and without assigning any reasons thereof. (ii) Without prejudice to the generality of above, the Client reserves the right to reject any Proposal if: a) at any time, a material misrepresentation is made or discovered, or b) the Applicant does not provide, within the time specified by the Client, the supplemental information sought by the Client for evaluation of the Proposal. (iii) Such misrepresentation/ improper response by the Applicant may lead to the disqualification of the Applicant. If such disqualification/ rejection occurs after the Proposals have been opened and the highest ranking Applicant gets disqualified/ rejected, then the Client reserves the right to consider the next best Applicant, or take any other measure as may be deemed fit in the sole discretion of the Client, including a....
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....nnulment of the Selection Process. 2.1.13 Acknowledgement by Applicant 2.2 (i) It shall be deemed that by submitting the Proposal, the Applicant has: a) made a complete and careful examination of the RFP; b) received all relevant information requested from the Client; accepted the risk of inadequacy, error or mistake in the information provided in the RFP or furnished by or on behalf of the Client; d) satisfied itself about all matters, things and information, including matters herein above, necessary and required for submitting an informed Application and performance of all of its obligations there under; e) acknowledged that it does not have a Conflict of Interest; and f) agreed to be bound by the undertaking provided by it under and in term hereof. (ii) The Client and/ or its advisors/ consultants shall not be liable for any omission, mistake or error on the part of the Applicant in respect of any of the above or on account of any matter or thing arising out of or concerning or relating to RFP or the Selection Process, including any error or mistake therein or in any information or data given by the Client and/ or its consultant. Clarification and amendment of ....
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....RFP documents Applicants may seek clarification on this RFP document, within four (4) days of the date of issue of this RFP document. Any request for clarification must be sent by standard electronic means (PDF and word file)/ fax to the Client's office addressed to: Deputy Secretary (BE-III), Department of Industrial Policy and Promotion Ministry of Commerce & Industry, Government of India Udyog Bhawan New Delhi-110011 Email: [email protected] The Client will endeavour to respond to the queries prior to the Proposal Due Date. The Client will post the reply to all such queries on its official website and CPPP portal. 2.2.1 At any time before the submission of Proposals, the Client may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Applicant, modify the RFP documents by an amendment. All amendments/ corrigenda will be posted only on the Client's Official Website. In order to afford the Applicants a reasonable time for taking an amendment into account, or for any other reason, the Client may at its discretion extend the Proposal Due Date. 2.3 Earnest Money Deposit 2.3.1 A Earnest Money Deposit in the fo....
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....rm of a Demand Draft/ Bank Guarantee, from a scheduled Indian Bank in favour of Pay and Account Officer, DIPP, New Delhi', payable at New Delhi, for the sum of Rs 3,00,000/- (Rupees three Lakhs Only) shall be required to be submitted by each Applicant. The Bank Guarantee shall be in the format of Form 3E. 2.3.2 The Demand Draft/ Bank Guarantee in original shall be placed in an envelope and marked as "EMD- [name of assignment]" and "Not to be opened except in the presence of evaluation committeeâ€. In addition, a scanned copy (in pdf format) shall also be uploaded on Central Public Procurement Portal (hereinafter referred to as CPPP). Bids received without the specified Earnest Money Deposit Bid Security will be summarily rejected. 2.3.3 Client will be entitled to forfeit and appropriate the Earnest Money Deposit as mutually agreed loss and damage payable to Client in regard to the RFP without prejudice to Client's any other right or remedy under the following conditions: (i) If an Applicant engages in a corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice as envisaged under this RFP (including the Standard Form ....
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....of work order); (ii) If any Applicant withdraws its Proposal during the period of its validity as specified in this RFP and as extended by the Applicant from time to time, (iii) If the Applicant commits any breach of terms of this RFP or is found to have made a false representation to Client. 2.3.4 Any entity which has been barred by the Central Government, any State Government, a statutory authority or a public sector undertaking, as the case may be, from participating in any project and the bar subsists as on the date of the Proposal Due Date, would not be eligible to submit a Proposal. 2.3.5 An Applicant should have, during the last 3 (three) years, neither failed to perform on any agreement, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Applicant or its Associate, nor been expelled from any project or agreement nor have had any agreement terminated for breach by such Applicant or its Associate. 2.4 Preparation of proposal 2.4.1 Applicants are requested to submit their Proposal in English language and strictly in 8 the formats provided in this RFP. The Client will evaluat....
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....e only those Proposals that are received in the specified forms and complete in all respects. 2.4.2 In preparing their Proposal, Applicants are expected to thoroughly examine the RFP Document. 2.4.3 The technical proposal should provide the documents as prescribed in clause 2.9.4 along with photocopy of PAN Card and latest income-tax return. No information related to financial proposal should be provided in the technical proposal. 2.4.4 Failure to comply with the requirements spelt out above shall lead to the deduction of marks during the evaluation. Further, in such a case, Client will be entitled to reject the Proposal. However, if any information related to financial proposal is included in the technical proposal the applicant shall be disqualified and his proposal will not be considered. 2.4.5 The Proposals must be digitally signed by the Authorized Representative (the "Authorized Representative") as detailed below: (i) by the proprietor in case of a proprietary firm; (ii) by a partner, in case of a partnership firm and/or a limited liability partnership; or (iii) by a duly authorized person holding the Power of Attorney, in case of a Limited Company or a corpo....
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....ration; or 2.4.6 Applicants should note the Proposal Due Date, as specified in Data Sheet, for submission of Proposals. Except as specifically provided in this RFP, no supplementary material will be entertained by the Client, and the evaluation will be carried out only on the basis of Documents received by the closing time of Proposal Due Date as specified in Data Sheet. Applicants will ordinarily not be asked to provide additional material information or documents subsequent to the date of submission, and unsolicited material if submitted will be summarily rejected. For the avoidance of doubt, the Client reserves the right to seek clarifications in case the proposal is non- responsive on any aspects. 2.4.7 Financial proposal: While preparing the Financial Proposal, Applicants are expected to take into account the various requirements and conditions stipulated in this RFP document. The Financial Proposal should be a lump sum Proposal inclusive of all the costs including but not limited to all taxes associated with the work order. (i) All the costs associated with the work order shall be included in the Financial Proposal. The total amount indicated in the Financial P....
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....roposal shall be without any condition attached or subject to any assumption, and shall be final and binding. In case any assumption or condition is indicated in the Financial Proposal, it shall be considered non-responsive and liable to be rejected. 2.4.8 The proposal should be submitted as per the standard Financial Proposal submission forms prescribed in this RFP. 2.4.9 Applicants shall express the price of their supply order in Indian Rupees only. Submission, receipt and opening of proposals 2.5 2.5.1 2.5.2 The Proposal shall be submitted through e-procurement portal CPPP. The procedure for filing of e-tender is provided on the portal. Files uploaded on the portal should have file name in accordance to following format [form_name.applicant_name]. Applicant name should contain only first two words of its name. The Authorized Representative of the Applicant should authenticate EMD Details, Technical and Financial proposal using his digital signatures. The Authorized Representative's authorization should be confirmed by a written power of attorney by 9 2.5.3 2.5.4 2.5.5 2.6 the competent authority accompanying the Proposal. The Applicant shall submit his pr....
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....oposal in three covers containing details of EMD, Technical Proposal and Financial Proposal respectively. No proposal shall be accepted after the closing time for submission of Proposals. After the Proposal submission until the grant of the work order, if any Applicant wishes to contact the Client on any matter related to its proposal, it should do so in writing at the Proposal submission address. Any effort by the firm to influence the Client during the Proposal evaluation, Proposal comparison or grant of the work order decisions may result in the rejection of the applicant's proposal. Proposal Evaluation The proposal shall be evaluated only if: Technical Proposal the Technical Proposal is received in the form specified in this RFP; it is accompanied by the Earnest Money Deposit as specified in this RFP; it is received by the Proposed Due Date including any extension thereof in terms hereof; (iii) (iv) it does not contain any condition or qualification; and (v) it is not non-responsive in terms hereof. Financial Proposal The Financial Proposal is received in the form specified in this RFP; it is received by the Proposed Due Date including any extension thereo....
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....f in terms hereof; (i) (ii) (iii) (iv) It is not non-responsive in terms hereof. it does not contain any condition or qualification; and 2.7 Grant of Work Order 2.7.1 After selection, a Work Order will be issued, in duplicate, by the Client to the Successful Applicant and the Successful Applicant shall, within 2 (two) days of the receipt of the work order, sign and return the duplicate copy of the work order in acknowledgement thereof. In the event the duplicate copy of the work order duly signed by the Successful Applicant is not received by the stipulated date, the Client may, unless it consents to extension of time for submission thereof, appropriate the Earnest Money Deposit of such Applicant as mutually agreed genuine pre-estimated loss and damage suffered by the Client on account of failure of the Successful Applicant to acknowledge the work order, and the next highest ranking Applicant may be considered. 2.8 Confidentiality Information relating to evaluation of proposals and recommendations concerning grant of the work order shall not be disclosed to the applicants who submitted the proposals 10 or to other persons not officially concerned with the pr....
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....ocess, until the winning firm has been notified that it has been given the work order. 2.9 Fraud and corrupt practices 2.9.1 The Applicants and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Selection Process. Notwithstanding anything to the contrary contained in this RFP, the Client will reject a Proposal without being liable in any manner whatsoever to the Applicant, if it determines that the Applicant has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice (collectively the "Prohibited Practices") in the Selection Process. In such an event, the Client will, without prejudice to its any other rights or remedies, forfeit and appropriate the Earnest Money Deposit, as mutually agreed genuine pre-estimated compensation and damages payable to the Client for, inter alia, time, cost and effort of the Client, in regard to the RFP, including consideration and evaluation of such Applicant's Proposal. 2.9.2 Without prejudice to the rights of the Client under this Clause, hereinabove and the rights and re....
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....medies which the Client may have under the WORK ORDER or the Agreement, if an Applicant, is found by the Client to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Selection Process, or after the issue of the WORK ORDER or the execution of the Agreement, such Applicant shall not be eligible to participate in any tender or RFP issued by the Client during a period of 2 (two) years from the date such Applicant or as the case may be, is found by the Client to have directly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as the case may be. 2.9.3 For the purposes of this Clause, the following terms shall have the meaning hereinafter respectively assigned to them: 2.9.3.1 "corrupt practice†means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of any person connected with the Selection Process (for avoidance of doubt, offering of employment to or employing....
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.... or engaging in any manner whatsoever, directly or indirectly, any official of the Client who is or has been associated in any manner, directly or indirectly with the Selection Process or the WORK ORDER or has dealt with matters concerning the Agreement or arising there from, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the Client, shall be deemed to constitute influencing the actions of a person connected with the Selection Process; or (ii) save as provided herein, engaging in any manner whatsoever, whether during the Selection Process or after the issue of the WORK ORDER or after the execution of the Agreement, as the case may be, any person in respect of any matter relating to the Project or the WORK ORDER or the Agreement, who at any time has been or is a legal, financial or technical consultant/ adviser of the Client in relation to any matter concerning the Project; a) b) ì´ "fraudulent practice†means a misrepresentation or omission of facts or disclosure of incomplete facts, in order to influence the Selection Proce....
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....ss; "coercive practice" means impairing or harming or threatening to impair or harm, directly or indirectly, any persons or property to influence any person's participation or action in the Selection Process; "undesirable practice" means (i) establishing contact with any person connected with or employed or engaged by the Client with the objective of canvassing, 11 2.10 lobbying or in any manner influencing or attempting to influence the Selection Process; or (ii) having a Conflict of Interest; and "restrictive practice" means forming a cartel or arriving at any understanding or arrangement among Applicants with the objective of restricting or manipulating a full and fair competition in the Selection Process. Miscellaneous 2.10.1 The Selection Process shall be governed by, and construed in accordance with, the laws of India and the Courts at New Delhi shall have exclusive jurisdiction over all disputes arising under, pursuant to and/or in connection with the Selection Process. 2.10.2 The Client, in its sole discretion and without incurring any obligation or liability, reserves the right, at any time, to: 2.10.2.1 suspend and/or cancel the Selection Process and/or....
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.... amend and/or supplement the Selection Process or modify the dates or other terms and conditions relating thereto; 2.10.2.2 consult with any Applicant in order to receive clarification or further information; 2.10.2.3 retain any information and/or evidence submitted to the Client by, on behalf of and/or in relation to any Applicant; and/or 2.10.2.4 independently verify, disqualify, reject and/or accept any and all submissions or other information and/or evidence submitted by or on behalf of any Applicant. 2.10.3 It shall be deemed that by submitting the Proposal, the Applicant agrees and releases the Client, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the exercise of any rights and/or performance of any obligations hereunder, pursuant hereto and/or in connection herewith and waives any and all rights and/ or claims it may have in this respect, whether actual or contingent, whether present or future. 2.10.4 All documents and other information provided by Client or submitted by an Applicant to Client shall ....
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....remain or become the property of Client. Applicants may be, are to treat all information as strictly confidential. Client will not return any Proposal or any information related thereto. All information collected, analyzed, processed or in whatever manner provided by the Applicant to Client in relation to the assignment shall be the property of Client. 2.10.5 The Client reserves the right to make inquiries with any of the clients listed by the Applicants in their previous experience record. 2.11 Tentative schedule for selection process The Client will endeavour to follow the following schedule: Date of issue of RFP Proposal Due Date Jan 7,2016 January 18, 2016 2.12 Data Sheet Reference Description Section 1, The main objective of the assignment is production and supply of 7000 brass Point 2 paperweight lions. 12 Section 1, The method of selection is Cost Based Selection (CBS). Point 3 2.1.1 2.1.3 2.2 2.7.6 2.8.3 The name of Client is: "Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India" The proposal of the applicant shall be valid for 60 (sixty) days from the Proposal Due Date. Clarification must be r....
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....equested on or before 12.01.2016. Applicants shall share the MS Word file in soft copy of pre-bid queries at the time of requesting clarifications. The address for requesting clarification is: Deputy Secretary (BE-III), DIPP Udyog Bhawan, New Delhi-110011 The last date of submission of Proposal is 18.01.2016 before 3:00 pm (IST). The proposal will be submitted on CPPP. The address for submission of EMD/Bank Guarantee is, Deputy Secretary (BE-III), DIPP Udyog Bhawan, Applicants must submit: 2.9.9 . Technical proposal Financial proposal The applicant to state cost in Indian Rupees only. 3 The Client reserves the right to reject any Proposal which is non-responsive and no request for alteration, modification, substitution or withdrawal will be entertained by the Client in respect of such Proposals. However, client reserves the right to seek clarifications or additional information from the applicant during the evaluation process. The Client will subsequently examine and evaluate Proposals in accordance with the Selection Process detailed out below. 3.1.1 Technical Evaluation: The evaluation committee ("Evaluation Committeeâ€) appointed by the Client wil....
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....l carry out the evaluation of Proposals on the basis of the following evaluation criteria and points system. If required, the Client may seek specific clarifications from any or all Agency(ies) at this stage. The Client shall determine the Agency that qualifies for the next phase after reviewing the clarifications provided by the Agency(ies). Each evaluated Proposal will be given a technical score (St) as detailed below. The maximum points/ marks to be given under each of the evaluation criteria are: S No. 1 Evaluation Criteria Points Document Form 3A Profile and track record of the agency, including experience of 20 the agency in the field of production 13 2 Agency output based on previous work undertaken and sample 20 Agency material submitted with the Technical Proposal Form 3B 3 Sample for paperweight 60 60 Form 3C 1.Product finish - Edges of the paperweight, clean cutting 2. Packaging design - creativity, finishing quality, material used 3. Colour - Final colour of the paperweight and it's closeness to gold 4. Weight lightness of the paperweight 5. Gear inscriptions - pattern closeness to design and finish 3.1.2 The proposal of the Agency shall b....
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....e ranked on the basis of technical score (St) and the Agency having the minimum score of 60 will be considered for the purpose of next stages of evaluation. Financial Evaluation: The agency will be selected as per Cost Based Selection (CBS). Based on technical evaluation, a list of technically qualified Applicants shall be prepared. The Financial Proposals of all technically qualified Applicants will be opened and evaluated by the Tender Evaluation. The award will be made to on the lowest financial bid from among the technically qualified applicants. The information of this date and time may be sent by registered letter, facsimile, or electronic mail. 14 Section 3. Technical Proposal - Standard Forms Form 3A: Profile and track record of the agency, including experience of the agency in the field of production [Location, Date] Here give a brief on profile and track record of the agency, including experience of the agency in the field of production along with relevant documents. 15 Form 3B: Sample of previous work undertaken and sample material submitted with the Technical Proposal [Location, Date] Here give a brief of previous work undertaken and previous samples....
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.... material submitted with the relevant documents. (Upload a PDF coloured copy of the image of the sample) 16 Form 3C: Sample of paperweight [Location, Date] Here give a sample of the paperweight submitted with the relevant documents. (Upload a PDF coloured copy of the image of the sample) 17 1. Form 3D: Format of Bank Guarantee for Earnest Money Deposit BG No. Date: 2. 3. In consideration of you, Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India, Udyog Bhawan, New Delhi - 110 011 (hereinafter referred to as the "Authority" which expression shall, unless repugnant to the context or meaning thereof, include its administrators, successors and assigns) having agreed to receive the proposal of [Name of company], (hereinafter referred to as the "Bidder" which expression shall unless it be repugnant to the subject or context thereof include its successors and assigns), for appointment as Agency for [name of assignment] pursuant to the RFP Document dated [date] issued in respect of the Assignment and other related documents including without limitation the draft work order for supply order (hereinafter collectively ....
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....referred to as RFP Document, we [Name of the Bank] having our registered office at [registered address] and one of its branches at [branch address] (hereinafter referred to as the "Bank"), at the request of the Bidder, do hereby in terms of relevant clause of the RFP Document, irrevocably, unconditionally and without reservation guarantee the due and faithful fulfillment and compliance of the terms and conditions of the RFP Document by the said Bidder and unconditionally and irrevocably undertake to pay forthwith to the Authority an amount of Rs. [in figures] ([in words]) (hereinafter referred to as the "Guarantee") as our primary obligation without any demur, reservation, recourse, contest or protest and without reference to the Bidder if the Bidder shall fail to fulfill or comply with all or any of the terms and conditions contained in the said RFP Document. Any such written demand made by the Authority stating that the Bidder is in default of the due and faithful fulfillment and compliance with the terms and conditions contained in the RFP Document shall be final, conclusive and binding on the Bank. We, the Bank, further agree that the Authority shall be the sole ....
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.... judge to decide as to whether the Bidder is in default of due and faithful fulfillment and compliance with the terms and conditions contained in the RFP Document including, Document including without limitation, failure of the said Bidder to keep its Proposal valid during the validity period of the Proposal as set forth in the said RFP Document, and the decision of the Authority that the Bidder is in default as aforesaid shall be final and binding on us, notwithstanding any differences between the Authority and the Bidder or any dispute pending before any court, tribunal, arbitrator or any other authority. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable under this Guarantee without any demur, reservation, recourse, contest or protest and without any reference to the Bidder or any other person and irrespective of whether the claim of the Authority is disputed by the Bidder or not, merely on the first demand from the Authority stating that the amount claimed is due to the Authority by reason of failure of the Bidder to fulfill and comply with the terms and conditions contained in the RFP Document including without limitation, failu....
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....re of the said Bidder to keep its Proposal valid during the validity period of the Proposal as set forth in the said RFP Document for any reason whatsoever. Any such demand made on the Bank shall be conclusive as regards amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding 18 4. 5. 6. 7. 8. 9. 10. 11. 12. Rs. [in figures] ([in words]). This Guarantee shall be irrevocable and remain in full force for a period of 60 (sixty) days from the Proposal Due Date and a further claim period of thirty (30) days or for such extended period as may be mutually agreed between the Authority and the Bidder, and agreed to by the Bank, and shall continue to be enforceable until all amounts under this Guarantee have been paid. The Guarantee shall not be affected by any change in the constitution or winding up of the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the Bank with any other person. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the Bank as the principal debtor. The Authority shall have the fullest lib....
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....erty without affecting in any way the liability of the Bank under this Guarantee from time to time to vary any of the terms and conditions contained in the said RFP Document or to extend time for submission of the Proposals or the Proposal validity period or the period for conveying of Letter of Acceptance to the Bidder or the period for fulfillment and compliance with all or any of the terms and conditions contained in the said RFP Document by the said Bidder or to postpone for any time and from time to time any of the powers exercisable by it against the said Bidder and either to enforce or forbear from enforcing any of the terms and conditions contained in the said RFP Document or the securities available to the Authority, and the Bank shall not be released from its liability under these presents by any exercise by the Authority of the liberty with reference to the matters aforesaid or by reason of time being given to the said Bidder or any other forbearance, act or omission on the part of the Authority or any indulgence by the Authority to the said Bidder or by any change in the constitution of the Authority or its absorption, merger or amalgamation with any oth....
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....er person or any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of releasing the Bank from its such liability. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or made if addressed to the Bank and sent by courier or by registered mail to the Bank at the address set forth herein. We undertake to make the payment on receipt of your notice of claim on us addressed to [Name of bank along with branch address] and delivered at our above branch which shall be deemed to have been duly authorized to receive the said notice of claim. It shall not be necessary for the Authority to proceed against the said Bidder before proceeding against the Bank and the guarantee herein contained shall be enforceable against the Bank, notwithstanding any other security which the Authority may have obtained from the said Bidder or any other person and which shall, at the time when proceedings are taken against the Bank hereunder, be outstanding or unrealized. We, the Bank, further undertake not to revoke this Guarantee during its currency except with the previous express consent of t....
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....he Authority in writing. The Bank declares that it has power to issue this Guarantee and discharge the obligations contemplated herein, the undersigned is duly authorized and has full power to execute this Guarantee for and on behalf of the Bank. For the avoidance of doubt, the Bank's liability under this Guarantee shall be restricted to Rs. [in figures] ([in words]). The Bank shall be liable to pay the said 19 amount or anypart thereof only if the Authority serves a written claim on the Bank in accordance with paragraph 8 hereof, on or before [date]. Signed and Delivered by [name of bank] By the hand of Mr./Ms. [name], it's [designation] and authorized official. (Signature of the Authorized Signatory) (Official Seal) Notes: • The Bank Guarantee should contain the name, designation and code number of the officer(s) signing the Guarantee. • The address, telephone number and other details of the Head Office of the Bank as well as of issuing Branch should be mentioned on the covering letter of issuing Branch. 20 20 Form 3E: Technical Proposal Submission Form [Location, Date] Deputy Secretary, (BE-III) DIPP, Udyog Bhawan, New Delhi-110011 RFP date....
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....d [date] for selection for [name of assignment] Madam, With reference to your RFP Document dated [date], we, having examined all relevant documents and understood their contents, hereby submit our Technical Proposal for selection as [name of assignment]. The Proposal is unconditional and unqualified. We are submitting our Proposal as [name of the applicant]. If negotiations are held during the period of validity of the Proposal, we undertake to negotiate in accordance with the RFP. Our Proposal is binding upon us, subject only to the modifications resulting from negotiations in accordance with the RFP. We understand you are not bound to accept any Proposal you receive. Further: 1. 2. 3. 4. 5. We acknowledge that Client will be relying on the information provided in the Proposal and the documents accompanying the Proposal for selection of the Agency for production of giveaways, and we certify that all information provided in the Proposal and in the supporting documents is true and correct, nothing has been omitted which renders such information misleading; and all documents accompanying such Proposal are true copies of their respective originals. This statemen....
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....t is made for the express purpose of production and supply of giveaways. We shall make available to Client any additional information it may deem necessary or require for supplementing or authenticating the Proposal. We acknowledge the right of Client to reject our application without assigning any reason or otherwise and hereby waive our right to challenge the same on any account whatsoever. We certify that in the last 3 (three) years, we have neither failed to perform on any assignment or contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Applicant, nor been expelled from any project, assignment or contract by any public authority nor have had any assignment or contract terminated by any public authority for breach on our part. 21 24 6. We declare that: 7. 8. 9. 10. 11. 12. 13. a) We have examined and have no reservations to the RFP, including any Addendum issued by the Authority; b) We do not have any conflict of interest in accordance with the terms of the RFP; c) We have not directly or indirectly or through an agent engaged or indulged in any corrupt p....
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....ractice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as defined in the RFP document, in respect of any tender or request for proposal issued by or any agreement entered into with Client or any other public sector enterprise or any government, Central or State; and d) We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice. We understand that you may cancel the selection process at any time and that you are neither bound to accept any Proposal that you may receive nor to select the Agency, without incurring any liability to the Applicants. We certify that in regard to matters other than security and integrity of the country, we or any of our affiliates have not been convicted by a court of law or indicted or adverse orders passed by a regulatory authority which would cast a doubt on our ability to undertake the Project or which relates to a grave offence that outrages the moral sense of the community. We further certify that in regard to matters relating to securi....
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....ty and integrity of the country, we have not been charge-sheeted by any agency of the Government or convicted by a court of law for any offence committed by us or by any of our affiliates. We further certify that neither we nor any of our consortium members have been barred by the central government, any state government, a statutory body or any public sector undertaking, as the case may be, from participating in any project or bid, and that any such bar, if any, does not subsist as on the date of this RFP. We further certify that no investigation by a regulatory authority is pending either against us or against our affiliates or against our CEO or any of our Directors/Managers/ employees. We hereby irrevocably waive any right or remedy which we may have at any stage at law or howsoever otherwise arising to challenge or question any decision taken by Client in connection with the selection of Agency or in connection with the selection process itself in respect of the above mentioned Project. We agree and understand that the proposal is subject to the provisions of the RFP document. In no case, shall we have any claim or right of whatsoever nature if the Project is....
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.... not awarded to us or our proposal is not opened or rejected. The Financial Proposal is being submitted in a separate cover. This Technical Proposal read with the Financial Proposal shall be binding on us. 22 14. We agree and undertake to abide by all the terms and conditions of the RFP Document. We remain, Yours sincerely, Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm: Address: Telephone: Fax: (Name and seal of the Applicant/Member in Charge) 23 Section 4. Financial Proposal - Standard Forms 24 24 Form 4A: Financial Proposal Submission Form To Deputy Secretary (BE-III), DIPP, Udyog Bhawan, New Delhi-110011 [Location] [Date] Madam, Subject: Supply order for [name of assignment]. We, the undersigned, offer to provide the supply order for [name of assignment] in accordance with your Request for Proposal dated [date] and our Proposal. Our attached Financial Proposal is for the sum of [amount(s) in words and figures]. Our Financial Proposal shall be binding upon us subject to the modifications resulting from arithmetic correction, if any, up to expiration of the validity period of the Proposal, i.e. [date]. We....
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.... undertake that, in competing for (and, if the award is made to us, in executing) the above assignment, we will strictly observe the laws against fraud and corruption in force in India namely "Prevention of Corruption Act 1988". We understand you are not bound to accept any Proposal you receive. Yours sincerely, Authorized Signature [In full and initials]: Name and Title of Signatory: Name Address: of Firm: 25 Form 4B: Summary of Costs Form 4B: Summary of Costs Sr. No. Item Description Qty 1. Brass paper weight lions 7000 Cost (inclusive of all taxes) (Rs.) 1. The Specifications are mentioned in the Scope of Work. 2. The cost should be a lump sum Proposal inclusive of all the costs. All the costs associated with the work order shall be included in the Financial Proposal. The total amount indicated in the Financial Proposal shall be without any condition attached or subject to any assumption, and shall be final and binding. In case any assumption or condition is indicated in the Financial Proposal, it shall be considered non-responsive and liable to be rejected. 26 26 Scope of work: Section 5. Terms of Reference 1. Production and supply of 7000 b....
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....rass paperweight lions to be used as giveaways during Make in India Week with Specifications: Base Material: Brass Colour: Gold Size: 4 height x12 inch width (approx) Thickness: 7-10mm Wooden/cardboard box for cover with foam inside. Design to be matched to the picture attached. 2. Terms of Payment to the Selected Agency 1. Advance payment will not be considered. 2. The final payment, shall be released only after completion of the required work. The delivery of the 7000 paperweight lions has to be made within 15 days of receipt of work order. 3. The Service Tax/ VAT component shall be paid as applicable and as per actuals. 4. For facilitating Electronic transfer for funds the selected agency will be required to indicate the name of the Bank and Branch, account number (i.e. bank names, IFSC Code and Bank A/c No.) and also forward a cheque leaf duly cancelled to verify the details furnished. These details should also be furnished on the body of every bill submitted for payments by the selected agency. 27 22 Section 6. Standard Form of Work Order STANDARD FORM OF WORK ORDER FOR Between [Name of client] [Name of [Date] 28 I. Form of Work Order Work order ....
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....to undertake [name of assignment] The Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India, Udyog Bhawan,, New Delhi-110001, India, hereinafter referred to as the "Client" which expression unless repugnant to context or meaning thereof shall include its successors, affiliates and assigns) has: a) b) requested the Agency to provide certain supply order as defined in the General Conditions attached to this work order (hereinafter called the "Supply order"); and The Agency, having represented to the Client that they have the required professional skills, personnel and technical resources, have agreed for production and supply of giveaways provide the supply order on the terms and conditions set forth in this assignment. NOW THEREFORE the Client hereto hereby agrees as follows: 1. The following documents attached hereto shall be deemed to form an integral part of this work order: 1. Terms of reference 2. Cost Estimate 2. The mutual rights and obligations of the Client and the Agency shall be as set forth in the 3 work order; in particular: a) The Agency shall ensure in accordance with the provisions of the work order....
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....; and b) Client will make payments to the Agency in accordance with the provisions of the work order. Commencement, completion, modification and termination of work order 3.1.1 Effectiveness of work order: This Work order shall come into effect on the date the work order is assented to by the Agency, or such other date as may be stated. 3.1.2 Modification: Modification of the terms and conditions of this work order, including any modification of the scope of the Supply order or of the work order Price, may only be made by written agreement between the Parties. 3.1.3 Force Majeure Neither party will be liable in respect of failure to fulfill its obligations, if the said failure is entirely due to Acts of God, Governmental restrictions or instructions, natural calamities or catastrophe, epidemics or disturbances in the country. Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or by or of such Party's agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected both to take into account at the time of being assigned the work, and avoid or overcome with utmost persisten....
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....t effort in the carrying out of its obligations hereunder. A Party affected by an event of Force Majeure shall immediately notify the other Party of such event, providing sufficient and satisfactory evidence of the nature and cause of 29 such event, and shall similarly give written notice of the restoration of normal conditions as soon as possible. 3.1.3.1 No Breach of Work order: The failure of a party to fulfill any of its obligations under the Work order shall not be considered to be a breach of, or default under this Work order insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event: a) has taken all precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Work order, and b) has informed the other party as soon as possible about the occurrence of such an event. c) the dates of commencement and estimated cessation of such event of Force Majeure; and d) the manner in which the Force Majeure event(s) affects the Party's obligation(s) under the Work order. 3.2 Termination 3.2.1 By the client: The Client may terminate this Work order, written noti....
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....ce of termination to the Agency, to be given after the occurrence of any of the events specified in this clause: a) b) c) d) f) g) if the Agency do not remedy a failure in the performance of their obligations under the Work order, within a period of seven (7) days, after being notified or within such further period as the Client may have subsequently approved in writing; within fifteen (15) days, if the Agency become insolvent or bankrupt; if, as the result of Force Majeure, the Agency are unable to perform a material portion of the Supply order for a period of not less than fifteen (15) days; within fifteen (15) days, if the Agency fails to comply with any final decision reached as a result of arbitration proceedings pursuant to relevant clauses hereof; within seven (7) days, if the Agency submits to the Client a false statement which has a material effect on the rights, obligations or interests of the Client. If the Agency places itself in position of conflict of interest or fails to disclose promptly any conflict of interest to the Client; within seven (7) days, if the Agency, in the judgment of the Client has engaged in Corrupt or Fraudulent Practices in c....
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....ompeting for or in executing the Work order; if the Client, in its sole discretion and for any reason whatsoever, within a period of fifteen (15) days' decides to terminate this Work order. 3.2.2 Payment upon termination: Upon termination of this Work order, the Client will make the following payments to the Consultants: a) b) Remuneration pursuant to relevant clauses for Supply order satisfactorily performed prior to the effective date of termination; If the Work order is terminated pursuant to Clause 3.3.1a), b), d), e) or f), the Agency shall not be entitled to receive any agreed payments upon termination of the Work order. However, the Client may consider to make payment for the part satisfactorily performed on the basis of the quantum merit as assessed by it, in its sole discretion, if such part is of economic utility to the Client. Under such circumstances, upon termination, the Client may also impose liquidated 30 4 damages as per the provisions of relevant clauses of this Work order. The Agency will be required to pay any such liquidated damages to Client within 30 days of termination date. 3.2.3 Disputes about Events of Termination: If either Party disp....
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....utes Termination of the work order under relevant clauses hereof, such Party may, within forty-five (45) days after receipt of notice of termination from the other Party, refer the matter to arbitration under relevant clauses hereof, and this Work order shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award. 3.3 Obligations of the Agency 3.3.1 General: The Agency shall ensure delivery of the giveaways 3.3.2 Liability of the Agency: Subject to additional provisions, if any, in this work order the Agency's liability under this Work order shall be as provided by the Applicable Law. 3.4 Obligations of the client 3.4.1 Assistance and Exemptions: the Client will use its best efforts to ensure that the Government will provide the Agency with work permits and such other documents as necessary to enable the Agency to perform the Supply order: 3.5 Payments to the Agency 3.5.1 Advance payment will not be considered. 3.5.2 The final payment, shall be released only after completion of the required work 3.5.3 The Service Tax/ VAT shall be paid as applicable. 3.5.4 For facilitating Electronic transfer for funds the sel....
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....ected agency will be required to indicate the name of the Bank and Branch, account number (i.e. bank names, IFSC Code and Bank A/c No.) and also forward a cheque leaf duly cancelled to verify the details furnished. These details should also be furnished on the body of every bill submitted for payments by the selected agency. 3.5.5 Currency: The price is payable in local currency i.e. Indian Rupees. 3.6 Settlement of disputes 3.6.1 Amicable Settlement: The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Work order or its interpretation. 3.6.2 Disputes Settlement: Any dispute between the Parties as to matters arising out of and relating to this Work order that cannot be settled amicably within thirty (30) days after receipt by one Party of the other Party's request for such amicable settlement may be submitted by either Party for settlement in accordance with the provision specified in the SC. 3.7 Liquidated damages 3.7.1.1 If the selected Consultant fails to complete the Assignment, within the period specified under the work order, action including blacklisting of the agency as may be deemed fit by 'DIPP....
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....'. Miscellaneous 4.1 Assignment and Charges 4.1.1 The Work order shall not be assigned by the Agency save and except with prior consent in writing of the Client, which the Client will be entitled to decline without assigning any reason whatsoever. 4.1.2 The Client is entitled to assign any rights, interests and obligations under this Work order to third parties. 4.1.3 Indemnity: The Agency agrees to indemnify and hold harmless the Client from and 31 against any and all claims, actions, proceedings, lawsuits, demands, losses, liabilities, damages, fines or expenses (including interest, penalties, attorneys' fees and other costs of defence or investigation (i) related to or arising out of, whether directly or indirectly, (a) the breach by the Agency of any obligations specified in relevant clauses hereof; (b) the alleged negligent, reckless or otherwise wrongful act or omission of the Agency including professional negligence or misconduct of any nature whatsoever in relation to Supply order rendered to the Client; (c) any Supply order related to or rendered pursuant to the Work order (collectively "Indemnified matter"). As soon as reasonably practicable after the re....
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....ceipt by the Client of a notice of the commencement of any action by a third party, the Client will notify the Agency of the commencement thereof; provided, however, that the omission so to notify shall not relieve the Agency from any liability which it may have to the Client or the third party. The obligations to indemnify and hold harmless, or to contribute, with respect to losses, claims, actions, damages and liabilities relating to the Indemnified Matter shall survive until all claims for indemnification and/or contribution asserted shall survive and until their final resolution thereof. The foregoing provisions are in addition to any rights which the Client may have at common law, in equity or otherwise. 4.1.4 Notices: Unless otherwise stated, notices to be given under the Work order including but not limited to a notice of waiver of any term, breach of any term of the Work order and termination of the Work order, shall be in writing and shall be given by hand delivery, recognized international courier, mail, telex or facsimile transmission and delivered or transmitted to the Parties at their respective addresses specified in the SC. The notices shall be deemed to....
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.... have been made or delivered (i) in the case of any communication made by letter, when delivered by hand, by recognized international courier or by mail (registered, return receipt requested) at that address and (ii) in the case of any communication made by telex or facsimile, when transmitted properly addressed to such telex number or facsimile number. 4.1.5 Severability: If for any reason whatever any provision of the Work order is or becomes invalid, illegal or unenforceable or is declared by any court of competent jurisdiction or any other instrumentality to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not be affected in any manner, and the Parties will negotiate in good faith with a view to agreeing upon one or more provisions which may be substituted for such invalid, unenforceable or illegal provisions, as nearly as is practicable. Provided failure to agree upon any such provisions shall not be subject to dispute resolution under the Work order or otherwise. 4.1.6 Professional Liability Insurance: Agency will maintain at its expense, Professional Liability Insurance including coverage for error....
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....s and omissions caused by Agency 's negligence, breach in the performance of its duties under this Work order from an Insurance Company permitted to offer such policies in India, for a period of one year beyond completion of Supply order commencing from the Effective Date, (i) For an amount not exceeding total payments for Professional Fees made or expected to be made to the Agency hereunder or (ii) the proceeds, the Agency may be entitled to receive from any insurance maintained by the Agency to cover such a liability, whichever of (i) or (ii) is higher with a minimum coverage of [insert amount and currency]. 32<BR> News - Press release - PIB....