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Chief General Manager (P&C) : Er. Bijoy Chandra Tripathy

This document is a 3rd corrigendum to the Request for Proposal for selecting a consultant and transaction advisor for operating, managing and developing the Biju Patnaik Aerospace Centre in Dhenkanal, Odisha. It modifies some details in the RFP, including changing the bid identification number, extending the dates for availability of the RFP on the website and for opening the technical bid. Bidders are advised to check the website for any further corrigenda before submitting their bids.

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amit khera
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© © All Rights Reserved
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0% found this document useful (0 votes)
163 views

Chief General Manager (P&C) : Er. Bijoy Chandra Tripathy

This document is a 3rd corrigendum to the Request for Proposal for selecting a consultant and transaction advisor for operating, managing and developing the Biju Patnaik Aerospace Centre in Dhenkanal, Odisha. It modifies some details in the RFP, including changing the bid identification number, extending the dates for availability of the RFP on the website and for opening the technical bid. Bidders are advised to check the website for any further corrigenda before submitting their bids.

Uploaded by

amit khera
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 138

Er.

Bijoy Chandra Tripathy


Chief General Manager (P&C)

No. HO/P&C/EST/E-2269/01/2023 26488 Date 22.08.2023

3rd Corrigendum to Invitation for Bid, Bid Indentification No.P&C/EST- E-89/2023-24


Name of the Work: “Selection of Consultant cum Transaction Advisor for Operation, Management
& Development of Biju Patnaik Aerospace Centre at Dhenkanal,Odisha”

Ref: RFP Notice letter No. 23401 dated 28.07.2023

Due to administrative reasons, the following modification/addition are being made to above
mentioned RFP document.
Sl.No. Reference no. in RFP As per RFP /1st Corrigendum Modified/Read as

01. Bid Identification No. P&C/ Request for Proposal (RFP)


EST/ E- 89/ 2023-24 for “Selection of Consultant
Request for Proposal (RFP) cum Transaction Advisor for
Selection of Consultant cum Operation, Management &
Transaction Advisor for Development of Biju
Operation, Management & Patnaik Aerospace Centre
Development of Biju Patnaik at Dhenkanal, Odisha
Aerospace Centre at (August 2023)” has been
Dhenkanal, Odisha (August revised and retendered.
2023)
02. Date of Availability of RFP(i)in 01.08.2023 17.00 hours to 21.08.2023 17.00 hours to
the www.tenderorissa.gov.in 24.08.2023 17.00 hrs 04.09.2023 17.00 hrs
03. Date of opening of Technical
(ii) 24.08.2023 17.30 hrs 04.09.2023 17.30 hrs
bid

Further details can be seen from the Government web site www.tendersorissa.gov.in.

Any further Addendum /corrigendum notice (if any) will uploaded in the web site
www.idco.in (Tender & Quotation) /www.tendersorissa.gov. in only. There will be no press
publication in this regard. Before finally uploading the bid, the bidders are requested to check the
corrigendum/ Addendum if any.

Sd/-
Chief General Manager (P&C)
Bid Identification No. P&C/ EST/ E- 89/ 2023-24

Request for Proposal (RFP)

Selection of Consultant cum Transaction


Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre
at Dhenkanal, Odisha
(August 2023)
REVISED

Odisha Industrial Infrastructure Development


Corporation (IDCO)
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

DISCLAIMER

The information contained in this Request for Proposal Document ("RFP") or any other
information subsequently provided to Bidders, whether verbally or in documentary or any
other form by or on behalf of the Client or any of its employees or advisers, is provided to the
Bidders on the terms and conditions set out in this RFP and such other terms and conditions
subject to which such information is provided.
This RFP is not an agreement and is neither an offer nor invitation by the Client to
the prospective Bidders or any other person. The purpose of this RFP is to provide interested
Bidders with information that may be useful to them in the formulation of their Proposals
pursuant to the RFP. This RFP includes statements, which reflect various assumptions and
assessments arrived at by the Client in relation to the Services. Such assumptions,
assessments and statements do not purport to contain all the information that each Bidder
may require. This RFP may not be appropriate for all persons, and it is not possible for the
Client, its employees or advisers to consider the objectives, technical expertise and
particular needs of each party who reads or uses this RFP. The assumptions, assessments,
statements and information contained in this RFP may not be complete, accurate, adequate
or correct. Each Bidder should, therefore, conduct its own investigations and analysis and
should check the accuracy, adequacy, correctness, reliability and completeness of the
assumptions, assessments and information contained in this RFP and obtain independent
advice from appropriate sources.
Information provided in this RFP to the Bidders is on a wide range of matters, some of
which depends upon interpretation of law. The information given is not an exhaustive account
of statutory requirements and should not be regarded as a complete or authoritative statement
of law. The Client accepts no responsibility for the accuracy or otherwise for any interpretation
or opinion on the law expressed herein.
The Client, its employees and advisers make no representation or warranty and shall
have no liability to any person including any Bidder under any law, statute, rules or regulations
or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost
or expense, which may arise from or be incurred or suffered on account of anything contained
in this RFP or otherwise, including the accuracy, adequacy, correctness, reliability or
completeness of the RFP and any assessment, assumption, statement or information
contained therein or deemed to form part of this RFP or arising in any way in thisselection
process.
The Client also accepts no liability of any nature whether resulting from negligence
or otherwise however caused or arising from reliance of any Bidder upon the statements
contained in this RFP.

2|Page
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

The Client may in its absolute discretion, but without being under any obligation to
do so, update, amend or supplement the information, assessment or assumption contained
in this RFP.
The issue of this RFP does not imply that the Client is bound to select a Bidder or to
appoint the selected Consultant, as the case maybe, to provide the Services and the Client
reserves the right to reject all or any of the Proposals without assigning any reasons
whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its Proposal including but not limited to preparation, copying, postage, delivery
fees, expenses associated with any demonstrations or presentations which may be required
by the Client or any other costs incurred in connection with or relating to its Proposal. All such
costs and expenses will remain with the Bidder and the Client shall not beliable in any manner
whatsoever for the same or for any other costs or other expenses incurred by a Bidder in
preparation or submission of the Proposal, regardless of the conduct or outcome of the
selection process.

Odisha Industrial Infrastructure Development Corporation (IDCO)


(A Government of Odisha Undertaking)
IDCO Towers, Janpath
Bhubaneswar -751022, Odisha
Email: [email protected]
Website: www.idco.in

3|Page
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha
Er. Bijoy Chandra Tripathy
Chief General Manager (P&C)
File No. IDCO/HO/ P&C/EST-E-2269/01/2023/ 23401 Date: 28.07.2023

BID IDENTIFICATION NO- P&C / EST/E - 32 / 2023-24


NOTICE INVITING REQUEST FOR PROPOSAL THROUGH
E-PROCUREMENT PORTAL OF GOVT. OF ODISHA
Odisha Industrial Infrastructure Development Corporation (IDCO) invites request for
Proposal from renowned consulting firms in the field of aviation sector through e- procurement
portal of Government of Odisha for "Selection of Consultant cumTransaction Advisor for
Operation, Management & Development of Biju Patnaik Aerospace Center at
Dhenkanal, Odisha".
Firms/ Agencies those having experience in similar work can submit their bids for this
proposal. The Bid Document comprising of eligibility criteria, Instruction to Bidders, Scope of
the work, etc. can be seen in e-procurement portal of Government of Odisha from 17:00 Hours
of dated 01.08.2023 to 17:00 Hours of Dt. 16.08.2023. No Pre-bid meeting will beheld,
however, prospective bidders can send queries email to [email protected].
The Bid document for the abovementioned work will be uploaded to e-procurement
portal between from 17:00 Hours of dated 01.08.2023 to 17:00 Hours of Dt. 16.08.2023.
The Technical Bid should consist of Credentials of the firm, completed/substantially completed
works of similar nature, turn over, PAN, GST RegistrationNumber and all other documents as
mentioned in the bid document, Cost of Bid Document amounting to Rs.11, 800/- (including
GST 18%, Non-refundable) online only and EMD/Bid Security amounting to Rs. 1,00,000.00/-
in the form of Bank Guarantee.
The Technical Bid will be opened online on dated 16.08.2023 at 05.30 PM at
IDCO Tower, Bhubaneswar in presence of the bidder or their authorized representative who
choose to be present. After evaluation of the Technical Bids, the date of opening of the
financial bid will be uploaded in e-procurement site in due course.
Any addendum/ corrigendum/ cancellation notice of RFP can also be seen in the IDCO
website www.idco.in as well as in e-procurement site www.tendersodisha.gov.in and will not
be published in newspapers.
IDCO has the right to accept or reject the Notice / RFP without assigning any reasons
thereof.
Sd/-

Chief General Manager (P&C)

4|Page
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

Table of Contents

DATA SHEET 7
LETTER OF INVITATION 9
1. Pre-Qualification Criteria: 12
2. Bid Processing Fee: 14
3. Earnest Money Deposit: 14
4. Validity of the Proposal: 15
5. Pre -bid Queries / Pre-bid Meeting: 15
6. Preparation and Submission of Proposal: 16
7. Opening of the proposal: 16
8. Evaluation of Proposal: 17
9. Evaluation Process: 20
10. Performance Bank Guarantee (PBG): 21
11. Contract Negotiation: 21
12. Award of Contract: 22
13. Extension of Contract Period: 22
14. Conflict of Interest: 22
15. Disclosure: 22
16. Anti-corruption Measure: 23
17. Language of Proposals: 23
18. Cost of Bidding: 24
19. Legal Jurisdiction: 24
20. Governing Law and Penalty Clause: 24
21. Confidentiality: 24
22. Amendment of the RFP Document: 25
23. Client’s right to accept any proposal and to reject any or all proposal(s): 25
24. Copyright, Patents and Other Proprietary Rights: 25
25. Replacement of Key Personnel: 25
26. Force Majeure: 26
27. Settlement of Dispute: 26
28. Disqualification of Proposal: 27
29. Liability: 27
30. Indemnity: 28
TERMS OF REFERENCE (TOR) 29

5|Page
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha
A. Background 29
B. SCOPE OF WORK: 29

C. Payment Schedule: For the service to be provided by the consultant IDCO shall make the following
payments to the consultant. 43
D. REVIEW PROCEDURE 44
TECH -1 46
TECH -2 48
TECH -3 50
TECH -4 51
TECH -5 52
TECH -6 53
TECH -7 54
TECH -9 55

TECH -10 58
TECH -11 59
CONTRACT FOR CONSULTANTS’ SERVICES 67

6|Page
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

DATA SHEET
Sl.N Particulars Details
1. Name of the Client Chief General Manager (P&C),
IDCO Towers, Unit-9, Janpath, Bhubaneswar
Odisha Industrial Infrastructure Development
Corporation (IDCO)
2. Method of Selection Quality & Cost Based Selection (QCBS): 70:30

3. Proposal Validity 120 Days


4. Date of Issue of RFP 28.07.2023, 5:00 PM
5. Availability of RFP Document 22.08.2023, 5:00 PM
6. Pre-bid meeting No pre-bid meeting will be held. However,
prospective bidders can send queries to
[email protected].

7. Proposal Due Date 04.09.2023 5:00 PM

8. Date of opening of Technical 04.09.2023, 5:30 PM


Proposal
9. Date of Technical Presentation To be notified later

10 Date of opening of Financial To be notified later

Proposal
11 Expected Date of Commencement October’ 2023
of Assignment
12 Bid Processing Fee (Non- Rs.11,800/-(Rupees eleven thousand eight hundred
Refundable) only) to be paid online

13 Earnest Money Deposit (EMD) Rs.1,00,000/-(Rupees One lakh only) to be paid


online
14 Performance Bank Guarantee 5 % of the contract agreement amount
(PBG)
15 Contact Person Name: Chief general Manager (P&C),
IDCO
E-mail ID: [email protected]

16 Place of Opening of Proposal: Odisha Industrial Infrastructure Development


Corporation (IDCO)
IDCO Towers, Unit-9, Janpath, Bhubaneswar-
751021

RFP can be downloaded from: www.tendersodisha.gov.in

7|Page
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

SECTION: 1
LETTER OF INVITATION

8|Page
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

LETTER OF INVITATION
Name of the Assignment: Selection of Consultant cum Transaction Advisor for Operation,
Management & Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

1. The Chief General Manager (P&C), Odisha Industrial Infrastructure Development


Corporation (IDCO, (the “Authority”), in accordance with the provisions under the
Guidelines for Engagement of Consultants and Outsourcing of Services issued in the
Office Memorandum No. 37323/F Dt. 30.11.2018 of the Finance Department, now
invites proposal from reputed agencies for “Selection of Consultant cum Transaction
Advisor for Operation, Management & Development of Biju Patnaik Aerospace
Centre at Dhenkanal, Odisha”
2. A bidder will be selected under Quality and Cost Based Selection procedure as
prescribed in the RFP Document in accordance with the procedures prescribed
herewith circulated vide Office Memorandum No. 37323/F, Dated: 30.11.2018 of
Finance Department, Govt. of Odisha.
3. This is an e-tendering process by Government of Odisha in IDCO. The proposal must
be submitted online only. In online mode, the electronic files are to be uploaded on
the tender Portal www.tendersodisha.gov.in.
4. Evaluation of the proposals shall be made as per the evaluation criteria mentioned in
the RFP prior to opening of financial proposal.
5. The two parts of the Proposal (Technical proposal and financial proposal) must be
submitted on-line with all pages numbered serially, along with an index of submission.
Submission in any other form shall not be acceptable. In the event, any of the
instructions mentioned herein have not been adhered to, the Client may reject the
Proposal.
6. The proposal, complete in all respect as specified in the RFP Document, must be
accompanied with a Non- refundable amount of Rs. 11,800/- (Rupees Eleven
thousand & Eight Hundred only including 18% GST) towards Bid Processing Fee
and EMD ofRs. 1,00,000.00 (to be paid online) as prescribed in the RFP failing which
the bid willbe rejected.
7. The Applicant must possess compatible Digital Signature Certificate (DSC) of Class-II
or Class-III. The online bidding procedure is indicated in the Section-8 of the RFP
document.
8. The last date and time for submission of proposal, date of opening of technical
proposals mentioned in the Bidder Data Sheet.
9. This RFP includes following sections:

9|Page
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

a) Letter of Invitation [Section – 1]


b) Information to the Bidder [Section – 2]
c) Terms of Reference [Section – 3]
d) Technical Proposal Submission Forms [Section – 4]
e) Financial Proposal Submission Forms [Section –5]
f) Bid Submission Checklist [Section –6]
g) Standard Form of Contract [Section –7]
h) Procedure under E-Tendering [Section –8]
i) Annexure [Bid Submission Checklist & Performance Bank Guarantee Format
provided]

10. While all information/data given in the RFP are accurate within the consideration of
scope of the proposed assignment to the best of the Client’s knowledge, the Client
holds no responsibility for accuracy of information, and it is the responsibility of the
bidder to check the validity of information/data included in this RFP. The Clientreserves
the right to accept / reject any / all proposals / cancel the entire selection process at any
stage without assigning any reason thereof.

Sd/-
Chief General Manager (P&C)
IDCO

10 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

SECTION: 2

INSTRUCTION TO BIDDERS

11 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

1. Pre-Qualification Criteria:

Before opening and evaluation of the technical proposals, each bidder will be assessed
based on the following pre-qualification criteria. The bidder is required to produce the
copies of the required supportive documents / information as part of their technical
proposal failing which the proposals will be rejected.
Sr. Pre-qualification/ Eligibility Criteria Supportive Documents
No
1 Bidder must be a Company as registered under Indian Certificate of
Companies Act, or a Society registered under The Societies Incorporation /
Registration Act, 1860 or a Trust registered under the Indian Partnership deed/ LLP Deed
Trusts Act, 1882 or a Partnership Firm registered under the
Indian Partnership Act, 1932 or a Limited Liability Partnership
registered under The Limited Liability Partnership Act, 2008
2 The bidder should have been in the consulting business for
more than 5 years from the date of Incorporation on the last
date of submission of the proposal.
3 a) The bidder should have a minimum 10 years’ experience Copies of Work Order /
in providing Consultancy/Advisory Services (which Engagement Letter /
includes tendering, planning, Economic Impact Contract Document and
assessments, capacity building), in the last 7 years (as Completion Certificate
on bid due date), for a Government Client/Public Sector from the previous Clients
Undertaking/Private client
b) The Bidder should have Successfully Completed OR The document should clearly
Currently Executing minimum 3 projects of value INR indicate date of award of work,
15.0 lakhs each & above in contract value and contract
Aviation/Defence/Skilling/MRO/Airport sector period.
OR
2 projects of value over INR 30.0 Lakhs (each) & above
in Aviation/Defence/Skilling/MRO/Airport sector.
Out of which, at least one eligible project shall be in
Aviation/Skilling/MRO Sector (Advisory to Defence/
DPSU's/ Private entities/ Central / State Government).
Eligible Project: Advisory services to
Aviation/Defence/Skilling/MRO sector in India or
abroad.

12 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha
c) Bidders having experience in designing, planning,
supervision of infrastructure in aviation sector shall be
preferred.

13 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

[Completion certificate or ongoing certificate from the


client along with work order/ contract agreement. If the
assignment is ongoing, valid extension letter will suffice]
4 The bidder must have average financial turnover of Rs. 20 Financial Details of the
Cr from consulting business only during the last 3 financial Bidder as per TECH- 3 along
years (FY 2021-22, FY 2020-21 and FY 2019-20) with certified Balance Sheet
and Profit/ Loss Statement of
last 3 years by CA.
5 Minimum two (2) of the Consultant’s team members must Self-Declaration from the
have hands-on experience in conceptualizing and setting up Bidder as per the format
at least one Aviation Training Centers in India or worldwide.
The team composition to be detailed in the bid submission
including their qualification and experience.

The Team Leader shall be responsible for successful


execution of the project till the end and the Consulting firm
cannot replace the Team Leader without the written consent
from C&T Dept./IDCO.

6 Bidder shall furnish an affirmative statement as to the Self-Declaration from the


existence of any potential conflict of interest on the part of the Bidder as per the format
bidder due to prior, current, or proposed agreements,
engagements, or affiliations with the Client.
7 The bidders shall submit a Power of Attorney in favour of the Copy of Power of attorney
bidder’s representative. (TECH-4)
8 The bidder should not have been blacklisted by any State Govt Self-Declaration by the Partner
/ Central govt / State or Central Govt PSU / any Agencyfor in case of LLP/ MD or
non-performance in last 5 years from date of submission Chairman, in as it’s a public
of bid. limited company

Please note - * Consortiums / Joint Ventures are not allowed. In case, any
proposal is received from Consortium/ Joint Venture, the same shall be rejected.

a. Documents / Formats need to be submitted along with TECHNICAL


PROPOSAL:

14 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

The bidders have to furnish the following documents duly signed in along with their
Technical Proposal:
 Filled in Bid Submission Check List in Original (Annexure-I).
 Covering letter (TECH– 1) on bidder’s letterhead requesting to participate in
the selection process.
 Bid Processing Fee & EMD as applicable.
 General Details of the Bidder (TECH – 2).
 Power of Attorney (TECH – 4) in favour of the person signing the bid on
behalf of the bidder.
 Comments / Suggestions regarding RFP / TOR (TECH - 7)
 Description of Approach & Methodology to undertake the assignment (TECH
- 8)
 CV of Key Personnel (TECH - 9)
 Proposed work plan to carry out the assignment (TECH - 10)

Bidders should submit the required supporting documents as mentioned above.


Bids not conforming to the eligibility criteria and non-submission of required
documents as listed above may lead to rejection of the bid. Submission of forged
documents will also result in rejection of the bid. Bidders are advised to study all
instructions, forms, terms & conditions and other important information as
mentioned in the RFP Document. The proposal must be complete in all respectand
indexed. Each page should be numbered and signed by the authorized
representative.

2. Bid Processing Fee:


The bidder must furnish as part of technical proposal, the required bid processing fee
amounting to Rs. 11,800/- (Rupees Eleven Thousand & Eight Hundred Rupees Only
including 18% GST) through online mode of transaction as prescribed in the RFP failing
which thebid will be rejected.

3. Earnest Money Deposit:


The bidder must furnish, as part of the technical proposal, an Earnest Money Deposit
(EMD) amounting to Rs. 1,00,000/ (Rupees One Lakh only) through online. The EMD of
unsuccessful bidders shall be refunded after finalization of selection process and award
of contract. The EMD of the successful bidder will be released only after furnishing of the
required Performance Bank Guarantee (PBG) and signing of the contract.

15 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

The EMD will be forfeited on account of the following reasons:

a) Bidder withdraws its proposal during the bid validity period as specified in
RFP

b) Bidder does not respond to requests for clarification of its proposal.

c) 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
qualification.

If the bidder fails to

i. provide any clarifications to the Client

ii. agrees to the decisions of the contract negotiation meeting

iii. sign the contract within the prescribed time period

iv. furnish required Performance Bank Guarantee in time.

v. Any other circumstance which holds the interest of the Client during the overall
selection process.

4. Validity of the Proposal:


Proposals shall remain valid for a period of 120 (One Hundred and Twenty) days from the date
of opening of the technical proposal. The Client reserves the rights to reject a proposal valid
for a shorter period as non-responsive and will make the best efforts to finalize the selection
process and award of the contract within the bid validity period. The bid validity period may be
extended on mutual consent.

5. Pre -bid Queries / Pre-bid Meeting:


a) Bidders are allowed to submit their queries in respect of the revised RFP document
and other details if any to IDCO through e-mail to [email protected] within 3 days from
its issuance.Clarifications to the above will be either uploaded on the tender portal of
Governmentof Odisha www.tendersodisha.gov.in or clarified through email to the
respective bidders for the purpose of preparation of proposal.
b) The pre-bid meeting shall not be held for the revised RFP.

16 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

6. Preparation and Submission of Proposal:


(i) Detail RFP may be downloaded from www.tendersodisha.gov.in and the
Application should be submitted online only. The procedure for E-Tendering is
enclosed in this RFP at Section 8.
(ii) The following shall be the form of various documents in the Application:
A. Only Electronic Form (to be uploaded on the Tender Portal)

(a) Technical proposal as per format prescribed in SECTION-4 of RFP including


documents as indicated in para ‘B’ below.
(b) Financial proposal in the excel document template uploaded by the Authority for
the assignment based on SECTION-5 of RFP. However as per Section 2-
Instruction to Bidders - Clause no.8 Evaluation of Proposal, Pt no v (Financial Bid),
Bidders have to fill the financial bid in details (1a, 1b, 2a and 2b) and submit the
same to client before issuance of Letter of Award. Bidders during filling up the BoQ
(Section -5- Financial proposal in the e procurement portal) shall combine (1a with
1b) and (2a with 2b) as mentioned in the Pt 8(v) Financial bid in the RFP document
and submit the consolidated figures for evaluation purpose only. The selected
bidder shall have to submit the detailed financial proposal break up (as per
Annexure 5a in section 5) before issuance of Letter of Award.
(iii) Deleted
(iv) It may be noted that the scanned copies can be prepared in PDF file format for
Technical Proposal and in excel format for Financial Proposal, uploaded by the
Authority in the designated locations.
(v) Each page of the two parts should be page numbered and in conformation to the
eligibility qualifications and clearly indicated using an index page. The Client will
not consider any proposal that arrives after the deadline as prescribed in the Bidder
Data Sheet. Any Proposal received after the deadline will be outrightly rejected by
the Client.
Any deviation from the prescribed procedures / information / formats / conditions shall
result in out-right rejection of the proposal. All the pages of the proposal have tobe
signed by the authorized representative of the bidder. Bids with any conditional offer
shall be outrightly rejected. All pages of the proposal must have to be sealed andsigned
by the authorized representative of the bidder.

7. Opening of the proposal:

(i) Completed proposal must be submitted on or before the time and date stated
in the Data Sheet.
17 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha
(ii) Opening of Proposals will be done through online.
(iii) For participating in the tender, the authorized signatory holding Power of
Attorney shall be the Digital Signatory. In case the authorized signatory holding
Power of Attorney and Digital Signatory are not the same, the bid shall be
considered non-responsive.

18 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

(iv) The Financial Proposal will be opened for the shortlisted applicants who qualify
for financial opening as per RFP. The date of opening of Financial Proposal will
be notified later.

8. Evaluation of Proposal:

A three-step evaluation process will be conducted as explained below for evaluation of


the proposals:
 Preliminary Evaluation (1st Stage): Submission of following documents /
information will be verified:
(i). Filled in Bid Submission Check List in Original (Annexure-I).
(ii). Covering letter (TECH– 1) on bidder’s letterhead requesting to participate in
the selection process.
(iii). Bid Processing Fee & EMD as applicable.
(iv). General Details of the Bidder (TECH – 2).
(v). Power of Attorney (TECH – 4) in favor of the person signing the bid on
behalf of the bidder.
(vi). Comments / Suggestions regarding RFP / TOR (TECH - 7)
(vii). Description of Approach & Methodology to undertake the assignment
(TECH - 8)
(viii). CV of Key Personnel (TECH - 9)
(ix). Proposed work plan to carry out the assignment (TECH - 10)

* Bids not complying with any of the above requirement will be out rightly
rejected at the discretion of the Client’s authority.
 TECHNICAL EVALUATION (2nd Stage): The Technical eligibility of the candidate
shall be assessed based on the following criteria.

(i). Evaluation criteria for Key Personnel is as follows:


S. N. Evaluation Criteria Maximum
Marks
1 Evaluation of Key Personnel 25
A Key Resources (8 nos.)
a) Team Leader-1 4
b) Deputy Team Leader cum Design Coordinator - 1 3
c) Simulation Expert -1 3
d) FTO Expert - 1 3

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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

e) Aviation Expert (MRO/Skilling) - 1 3


f) Finance Expert (Transaction Advisory) - 1 3
g) Contract Management Expert – 1 3
h) Structural Expert – 1 3
B Support Resources – (9 nos.)
i) MEP – 1
j) HVAC – 1
k) Infrastructure Expert – 1
l) Quantity Surveyor – 1
m) Site Engineer (Building) -1
n) Site Engineer (Roads) - 1
o) Junior Manager (Aviation) - 1
p) Junior Manager (Finance / Procurement) - 1
q) Electronics and Telecommunication Engineer - 1
2.0 Past Experience
2.1 The Bidder should have successfully completed OR currently executing 30
atleast 3 projects of value INR 15.0 lakhs each in
Aviation/Defence/Skilling/MRO sector for providing the services like
designing, planning, tendering, economic impact assessments, capacity
building etc)
OR
The Bidder should have successfully completed OR currently executing
atleast 2 projects of value INR 30 lakhs each in
Aviation/Defence/Skilling/MRO sector for providing the services like
designing, planning, tendering, economic impact assessments, capacity
building etc)
For meeting the minimum criteria: 20 Marks
For each ach Additional Project having e x p e r i e n c e i n skilling
domain: 5 Marks (maximum 10 Marks)
[Completion certificate or ongoing certificate from the client along
with work order/ contract agreement. If the assignment is ongoing,
valid extension letter will suffice]
CA certificate may be submitted in case for ongoing project.

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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha
3 The bidders shall have an annual average Turnover of minimum Rs.20 15
Crores during the last 3 financial years ending 2021-22.
For meeting the minimum criteria – 5 marks
For each additional Rs.25 crores as turnover an additional 2.5 marks shall
be given subject to maximum marks of 15 marks.

Technical Presentation – 30
a. Preparation of strategic road map – Approach and methodology
– 10 marks
b. Design, planning, Supervision of Infrastructure – 10 marks
c. Deployment of personnel – 10 marks

Total 100

A. Evaluation criteria for Key Personnel is as follows:


ii. Educational Qualification -- 20%
iii. Minimum Total Experience -- 30%
iv. Relevant Sector Experience -- 50%

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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

Interview Score as per relevant experience in respective field by IDCO’sInternal


Committee): 80%
V. Financial Bid:
The financial bid will be divided into 4 Parts;
Sr. Financial bid components Value in INR/ Percentage
No (%)
1a Lumpsum Consultancy services (C-1)- for, Value will be in INR ---(1a)
a. Preparation of Strategic Road Map
b. Demand and Supply Analysis
c. Existing Infrastructure and gap analysis
d. Financial planning and modelling
e. Project Structuring for selection of operator
f. Bid process management
g. Assistance during design and construction
h. According regulatory approval and compliance
i. Creation of operation and maintenance framework
and draft manual

1b. Lumpsum Manpower costs (C-2) (the unit rates on Value will be in INR ---(1b)
monthly basis shall be made available to the client by
the selected bidder before issuance of Letter of
Award),
a. Team Leader – 1
b. Simulation Expert – 1
c. FTO Expert – 1
d. Aviation Expert – 1
e. Finance Expert - 1

22 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha
2a Percentage of consultancy services (C-3) for Quote will be percentage (%)
Engineering Design (Site survey, preparation of DPR, of consultancy value on the
preliminary design, estimates per CPWD/OPWD code project cost (indicative of Rs,
for floating of EPC/ Turnkey Tender by IDCO/ Works 500 Cr.) - - (Y)
Dept.) for phase wise development for Biju Pattnaik
Aerospace Centre.
The indicative project will
change (increase/ decrease)
based on the site condition,
detailed survey, soil
exploration etc.), approved
project cost will be arrived
from A/A by the Authority.

Value will be in INR ---(2a)


2b Lumpsum Manpower (Construction Supervision) costs Value will be in INR ---(2b)
(C-4) for 36 months (the unit rates on monthly basis
shall be made available to the client by the selected
bidder before issuance of Letter of Award),
a. Deputy Team Leader – 1
b. Construction Management Expert – 1
c. Structural Expert – 1
d. MEP – 1
e. HVAC – 1
f. Infrastructure Expert – 1
g. Quantity Surveyor -1
h. Site Engineer Buildings – 1
i. Site Engineer Roads – 1
j. Junior Manager (Aviation) – 1
k. Junior Manager (Finance / Procurement)
l. Electronics and Telecommunication Engineer

Total Financial Quote {1(a+b) + 2(a+b)}

23 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

The selected bidder shall deploy resources as per the Manpower deployment schedule
as mentioned in the RFP at project site* / IDCO, Bhubaneswar in consultation with the
client. The client may ask the selected bidder to deploy any other experienced resources
for this project. Similar unit rates (months) shall be referred for consideration.

*project site means Dhenkanal / IDCO office Bhubaneswar / Commerce and Transport
Department, Bhubaneswar. Apart from the project site in Dhenkanal, IDCO shall arrange
an office space for the personnel required to deployed by the selected consultant in
Bhubaneswar for coordination with IDCO and Commerce and Transport Department.

The CEC (Consultant Evaluation Committee) will correct any computational errors. When
correcting computational errors, in case of discrepancy between partial amount and the
total amount, or between word and figures the former will prevail. For the purpose of
evaluation, the percentage quoted by the bidder shall be inclusive of all taxes& duties
(except GST which shall be paid extra at prevalent rates by the client). The Client will
reimburse or pay required statutory fees for processing of statutory approvals as required
by the competent authority of State Govt. or Central Govt. The Consultantwill have to
accord vetting of designs/ drawings as required or any other 3rd party certification or vetting
as required for setting up Aerospace centre and the cost for the same shall be reimbursed
by the client on submission of actual bills by the selected consultant.
v. Applicants should score at least 70 marks for being considered for opening of financial
bid. The financial offers of unsuccessful applicants will be returned without
opening.
vi. FINANCIAL EVALUATION (3rd Stage): The financial proposals of the bidders
qualifying the technical evaluation (2 nd Stage) only shall be opened at this stage
inthe presence of the bidder’s representative who wishes to attend the meeting
with proper authorization letter. The name of the bidder along with the quoted
financial price will be announced during the meeting.
vii. The lowest evaluated financial proposal (Fm) will be given a maximum financial
scoreof 100 points. The formula for determining the financial scores of other
proposals will be computed as follows:
Sf = 100 x Fm/F, in which “Sf” is the financial score, “Fm” is the lowest
price, and “F” the price of the Proposal under consideration.

9. Evaluation Process:
The highest evaluated Technical Proposal (Th) shall be given maximum TechnicalScore
(St) of 100. The formula for determining the Technical Scores (St) of all other proposals
is calculated as following:
24 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha
St = 100 x T/Th, in which “St” is the Technical Score, “Th” is the highest Technical Score
given, and “T” is the Technical Score of the proposal under consideration.
Proposals shall be ranked according to their combined technical (St) and financial (Sf)
scores using the weights (Tw = the weight given to the Technical Proposal (0.7); Pw = the
weight given to the Financial Proposal (0.3); T + P = 1) as following:
S = St x Tw + Sf x Pw,

25 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

The Selected Applicant shall be the First Ranked Applicant (having the highest combined
score). The Second and third Ranked Applicant shall be kept in reserve and may be invited
for negotiations in case the first ranked Applicant withdraws or fails to comply with the
requirements specified in the RFP document.

NOTE:

1. If more than one bidder has quoted same consultancy fees (in %) up to two decimals,
in that case, following method shall be adopted to break the ties between bidders
during financial bid evaluation:
a. The bidder who has scored maximum marks in the technical evaluation stage
out of 100 marks, shall be shortlisted as preferred bidder in that bucket list of
financial bid evaluation.
b. If still tie persists among bidders, having same marks in the technical evaluation
stage, in that case, the bidder who scored maximum marks in the technical
presentation out of 30 marks shall be shortlisted as preferred bidder in that
bucket list of financial bid evaluation.

10. Performance Bank Guarantee (PBG):

Within 12 days of notifying the acceptance of a proposal for award of contract, shortlisted
bidder shall have to furnish a Performance Bank Guarantee amounting to 5% of the
contract value from a scheduled commercial bank situated in Bhubaneswar in favour of
Chief General Manager (P&C), IDCO as per the format at Annexure-II, for a period of
three months beyond the entire contract period (calculated from the date of
effectiveness of the contract) as its commitment to perform services under the contract.
Failure to comply with the terms & conditions of the contract agreement shall constitute
sufficient grounds for the forfeiture of the PBG. The PBG shall be released immediately
after three months of expiry of contract provided there is no breach of contract on the
part of the qualified bidder. No interest shall be paid on the PBG.

11. Contract Negotiation:

Contract negotiation, if required will be held at a date, time and address as intimated to
the selected bidder/s. The bidder will, as a pre-requisite for attendance at the negotiations,
confirm availability of all the proposed staff for the assignment.Representative conducting
negotiations on behalf of the bidder must have written

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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

authority to negotiate and conclude a contract. Negotiation will be performed covering


technical and financial aspects, if any and availability of proposed professionals etc.

12. Award of Contract:

After completion of the contract negotiation stage, the Client will notify the successful
bidder in writing by issuing a Letter of Intent (LOI) for signing the contract and promptly
notifying all other bidders about the result of the selection process. The successful bidders
will be asked to sign the contract after fulfilling all formalities within 15 days of issuance of
the offer letter. After signing of the contract, no variation or modification ofthe terms of
the contract shall be made except by written amendment signed by both theparties. The
Contract period is 36 months starting from date of execution of contract agreement.
Contract Agreement shall be executed within 7 days from the date of issuance of LOA.

13. Extension of Contract Period:


Contract agreement duration may be extended beyond 36 months based on the actual
requirement by C&T Dept./ IDCO. The contract extension will have no financial implication
on lumpsum consultancy fees. Cost of actual manpower deployment shall only be borne
by the client as per unit rates beyond 36 months.

14. Conflict of Interest:

Conflict of interest exists in the event of:


(i). Conflicting assignments, typically monitoring and evaluation of the same project by
the empaneled bidder;
(ii). Consultants, agencies or institutions (individuals or organizations) who have a
business or family relation with the Client directly or indirectly; and
(iii). Practices prohibited under the anti-corruption policy of the Government of India and
Government of Odisha. The bidders are to be careful so as not to give rise to a
situation where there will be any conflict of interest with the Client as this would
amount to their disqualification and breach of contract.

15. Disclosure:

a. Bidders have an obligation to disclose any actual or potential conflict of interest.


Failure to do so may lead to disqualification of the bidder or termination of its contract.

27 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

 Bidders must disclose if they are or have been the subject of any proceedings
(such as blacklisting) or other arrangements relating to bankruptcy,
insolvency or the financial standing of the Bidder, including but not limited to
appointment of any officer such as a receiver in relation to the Bidder’s
personal or business matters or an arrangement with creditors, orof any
other similar proceedings.

b. Bidders must disclose if they have been convicted of, or are the subject of any
proceedings relating to:
 a criminal offence or other serious offence punishable under the law of the
land, or where they have been found by any regulator or professional body to
have committed professional misconduct;
 corruption including the offer or receipt of an inducement of any kind in
relation to obtaining any contract;
 failure to fulfill any obligations in any jurisdiction relating to the payment of
taxes or social security contributions.

16. Anti-corruption Measure:

(i). Any effort by Bidder(s) to influence the Client in the evaluation and ranking of
financial proposals, and recommendation for award of contract, will result in the
rejection of the proposal.
(ii). A recommendation for award of Contract shall be rejected if it is determined that the
recommended bidder has directly, or through an agent, engaged in corrupt,
fraudulent, collusive, or coercive practices in competing for the contract in question.
In such cases, the Client shall blacklist the bidder either indefinitely or for a stated
period of time, disqualifying it from participating in any related bidding process for the
said period.

17. Language of Proposals:

The proposal and all related correspondence exchanged between the bidder and the
Client shall be written in the English language. Supporting documents and printedliterature
that are part of the proposal may be in another language provided they are accompanied
by an accurate translation of the relevant passages in English with self- certification for
accuracy, in which case, for the purposes of interpretation of the Proposal, the translated
version shall govern.

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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

18. Cost of Bidding:

The Bidder shall bear all costs associated with the preparation and submission of its
proposal. The Client shall not be responsible or liable for those costs, regardless of the
conduct or outcome of the bidding process. A bidder is not allowed to submit more than
one proposal under the selection process. Alternate bids are also not allowed.

19. Legal Jurisdiction:


All legal disputes are subject to the jurisdiction of Civil Court of Bhubaneswar, Odisha only.

20. Governing Law and Penalty Clause:

The schedule given for delivery is to be strictly adhered to in view of the strict time schedule.
Any unjustified and unacceptable delay in delivery shall render the bidder liable for
liquidated damages and thereafter the Client holds the option for cancellation of the contract
for pending activities and completes the same from any other agency. The Client may
deduct such sum from any money from their hands due or become due to bidder. The
payment or deduction of such sums shall not relieve the bidder from his obligations and
liabilities under the contract. The rights and obligations of the Client and the bidder under
this contract will be governed by the prevailing laws of Government of India / Government
of Odisha. Failure on bidder’s part to furnish the deliverables as per the agreed timeline /
milestone will enforce a penalty @ 1% per week of subject to maximum of 10% of the
total contract value. The amount will be deducted from the subsequent payment. In
addition, the PBG amount may also be forfeited. The decision of the authority placing the
contract, whether the delay in development has taken place on account of reasons
attributed to the bidder shall be final. In such situations, the firm will bedebarred from
participation in future bids of this organization / department for next five years from the date
of this occurrence and notifications.

21. Confidentiality:

Information relating to evaluation of proposals and recommendations concerning awards


shall not be disclosed to the bidders who submitted the proposals or to other persons
not officially concerned with the process, until the publication of the award of contract. The
undue use by any Consultant of confidential information related to the process may result
in rejection of its proposal and may be subject to the provisions of the Client’s

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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

antifraud and corruption policy. During the execution of the assignment except with prior
written consent of the Client, the consultant or its personnel shall not at any time
communicate to any person or entity any confidential information acquired in the course
of the contract.

22. Amendment of the RFP Document:

At any time before submission of proposals, the Client may amend the RFP by issuingan
addendum at https://tendersodisha.gov.in. Any such addendum will be binding on all the
bidders. To give bidders reasonable time in which to take an addendum into account in
preparing their proposals, the Client may, at its discretion, extend the deadline for the
submission of the proposals.

23. Client’s right to accept any proposal and to reject any or all proposal(s):

The Client reserves the right to accept or reject any proposal, and to annul or amend the
bidding / selection / evaluation process and reject all proposals at any time prior to
award of contract award, without assigning any reason thereof and thereby incurring any
liability to the bidders.

24. Copyright, Patents and Other Proprietary Rights:

IDCO shall be entitled to all intellectual property and other proprietary rights including but
not limited to patents, copyrights and trademarks, with regard to documents and other
materials which bear a direct relation to or are prepared or collected in consequence or
in the course of the execution of this contract. At the Client’s request,the Consultant
shall take all necessary steps to submit them to the Client in compliance with the
requirements of the contract.

25. Replacement of Key Personnel:


The key professionals to be deployed under thiscontract must be dedicated in nature.
However, the Client reserves the right to request the Consulting Agency to replace the
assigned personnel if they are not performing to a level of satisfaction. The consultant
can’t change professionals without approval of IDCO. New resource shall be
interviewed by IDCO before deployment. After written notification, the Consultant will
provide CV of appropriate candidates withinSeven (7) days for review and approval. The
Consultant must replace the personnel within thirty (30) calendar days from the date of
approval of replacement. The existing

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Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

personnel shall continue to be deployed and function as required until such replacement
is made available. If one or more key personnel become unavailable / leave the project
for any reason in the midway under the contract, the Consultant must notify the Client at
least fourteen (14) days in advance and obtain the approval prior to making any
substitution. In notifying the Client, the Consultant shall provide an explanation of
circumstances necessitating the proposed replacement and submit justification and
qualification of replacement personnel in sufficient detail to permit evaluation of the impact
on the engagement. Acceptance of a replacement person by the Client shall not relieve
the consultant from responsibility for failure to meet the requirements of the contract.

In case of such a change, the Consultant shall ensure to provide replacement


professionals of same of better qualification and experience subject to approval of client.
Also, such replacements should be approved by client to ensure similar qualification and
experience.

26. Force Majeure:

For purpose of this clause, ‘’Force Majeure’’ means an event beyond the control of the agency
and not involving the agency’s fault or negligence and not foreseeable. Such events may
include, but are not restricted, wars or revolutions, fires, floods, riots, civil commotion,
earthquake, epidemics or other natural disasters and restriction imposed by the Government
or other bodies, which are beyond the control of the agency, which prevents or delays the
execution of the order by the agency If a force Majeure situation arises, the agency shall
promptly notify Client in writing of such condition, the cause thereof and the change that is
necessitated due to the condition. Until and unless otherwise directed by the Client in writing,
the Agency shall continue to perform its obligations under the contract as far as is reasonably
practical and shall seek all reasonable alternative means for performance not prevented by
the Force Majeure event. The agency shall advise Client in writing, the beginning and the end
of the above causes of delay, within seven days of the occurrenceand cessation of the
Force Majeure condition. In the event of a delay lasting for more than one month, if arising out
of causes of Force Majeure, Client reserve the right to cancel the contract without any
obligation to compensate the agency in any manner for any reason.

27. Settlement of Dispute:


Any dispute shall be settled amicably without any arbitration.

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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

28. Disqualification of Proposal:

The proposal is liable to be disqualified in the following cases as listed below:


 Proposal submitted without Bid Processing Fee & EMD as applicable
 Proposal not submitted in accordance with the procedure and formats as prescribed
in the RFP
 During validity of the proposal, or its extended period, if any, the bidder increases his
quoted prices
 Proposal is received in incomplete form
 Proposal is received after due date and time for submission of bid
 Proposal is not accompanied by all the requisite documents / information
 A commercial bid submitted with assumptions, conditions or uncertainty.
 Bids with any conditional technical and financial offer
 If the bidder provides any assumptions in the financial proposal or qualifies the
commercial proposal with its own conditions, such proposals will be rejected even if
the commercial value of such proposals is the lowest / best value
 Proposal is not properly signed
 Proposal is not conforming to the requirement of the scope of the work of the
assignment.
 Bidder tries to influence the proposal evaluation process by unlawful/corrupt/
fraudulent means at any point of time during the bid process
 If, any of the bid documents (including but not limited to the hard and soft/electronic
copies of the same, presentations during evaluation, clarifications provided by the
bidder), excluding the commercial bid, submitted by the bidder is found to contain any
information on price, pricing policy, pricing mechanism or any information indicative of
the commercial aspects of the bid;
 Bidders or any person acting on its behalf indulges in corrupt and
fraudulent practices
 Any other condition / situation which holds the paramount interest of the Client during
the overall section process.

29. Liability:

The Liability of the selected consultant under this agreement in any case shall not be beyond
the amount of fees payable to the selected consultant under this agreement.

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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
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30. Indemnity:

The Consultant at all times during the pendency of this agreement, keep the Government/
Authority Indemnified to an amount not exceeding the total fees payable to the consultant
under this agreement.

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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

TERMS OF REFERENCE (TOR)

A. Background
IDCO on behalf of the Government in C&T Department intends to appoint a consultant
to assist the Government/ IDCO in setting up an Aerospace Centre of Excellence which
would encompass a Flying Training Organization (FTO), Aircraft Type Training
Organization (ATO) and Cabin Crew Training Organization (CCTO) to start with. The
Aviation Centre will also expand for creating centre of excellence in providing training
into following courses or certification;

a. Aerospace & Occupational safety

b. Air traffic management

c. Aviation Maintenance Science

d. Applied Meteorology

e. Aviation Business Administration

f. Aviation Safety

g. Airworthiness Engineering

h. Unmanned Aircraft Maintenance system

i. Aeronautical Science

Or any other courses as directed or required by State Government

The Consultant is expected to create a Strategic Road map of the entire project and
support in the Transaction Advisory as well as Project Management. The Consultant
is also expected to Hand Hold the Department during the transition phase of 6 months.

B. SCOPE OF WORK:
The scope of this consultancy assignment has been divided into 2 (two) Parts;

1. Strategic Road Map and Advisory for overall development of Biju Pattnaik Aerospace
centre for next 5 to 10 years

Site Survey and investigation, Preparation of Detailed Project Report,, Detailed Design,
preparation of BoQ and estimate for EPC/ Turnkey Tender and supervision during construction.
2. for phase wise development of Biju Pattnaik Aerospace centre

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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

PART-I – Aviation Advisory


Phase 1: Strategic Roadmap

Stage 1: Market Survey of Flying Training Organization (FTO), Aircraft Type Training
Organization (ATO), Cabin Crew Training Organization (CCTO) and/ or any other
courses as per demand study

(i) Demand and Supply Balance


a) Industry outlook for the Civil Aviation – Domestic and International
b) To determine the requirement of skilled/ trained pilots, cabin crew and
technicians over the next 5-10 years and establish the current capacity available
in the country to meet this requirement.
c) Demand & Supply Balance (and Opportunities) in India and in International
(South-east Asian and MENA region).
d) An assessment of requisite initiatives to meet the potential requirement of
skilled/ trained pilots. This would include inter-alia,
 Assess the demand for training courses CPL, type training, conversion
training, refresher training, including re-certification / license renewal
requirements.
 Map requirement of trainers, staff, and technicians for the institute
e) Identification of right devices for aircraft, their configurations, associated training
equipment to meet the mandatory training requirements stipulated by the
different Authorities.
f) Ranking of the Type of Simulator and Training Equipment based on demand
exceeding future supply (Most Attractive, Potentially Attractive, Less Attractive
etc.)

(ii) Competitive Positioning


a) Competitive landscape
b) Competition Data analysis with respect to existing training organization
c) To propose a High-Level Vision of The Centre’s Offer & Positioning based on
the competitive landscape.

Stage 2: Gap Analysis

a) Review of existing infrastructure, training facilities and manpower.

b) To assess the current capacity of the institute in providing training services,


identify current competition and analyze relative standing of the institute in the
civil aviation training industry.

35 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

c) To analyze the existing airport in terms of length, width, expansion possibilities,


parallel runway, wind directions, survey reports on obstacles.

d) Assess the infrastructure needs for development of the institute and


requirement of aircrafts, equipment etc. for the curriculum needs also
expanding into type rating, refresher training infrastructure requirements.

e) Augmentation plan for facility, aircraft and simulators.

f) Assess the existing Fee structure and timelines for training w.r.t. to national and
international competitors.

g) Relevant Policy support from State/Central, Department/IDCO of Civil Aviation.

Stage 3: Transaction Advisory

(i) Financial Appraisal of the Project

a) To undertake financial appraisal of the Project including estimation of


revenues, estimation of operating costs, assessment of capital
expenditure etc.

b) To prepare a financial model for a period of 5 to 10 years.

c) To undertake Scenario & Sensitivity Analysis.

(ii) Project Structuring

a) The consultant shall also assist the Department in exploring various


business models including PPP/GOCO framework for structuring the
project.

b) Benchmark the business models adopted for similar education / training


institutes in the country and abroad.

c) Suggesting best practices in the skilling (FTO, ATO) from the leading
institutions.

d) The consultant shall also assist in finalizing the revenue sharing model
for the Project.

(iii) Risks and Contingencies

a) Prepare Risks Assessment/Matrix and Contingencies Plan

b) The consultant shall prepare Risk evaluation and mitigation plan for
further actions.

Phase 2: Tendering Advisory

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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

Stage 1: Tendering Process


The consultant shall provide services to Department in the bid process for the
proposed transaction. The consultant shall assist the Department/IDCO in the bid
process for selection of the right service provider from among the bidders and till
the signing of the Agreement. The scope of the consultant shall include the
following:
(i) EOI Formulation:
a) Preparation of the tender strategy
b) Formulation of the Expression of Interest (EoI) for inviting bidders.
c) Issuing EoI and receiving responses
d) Comparative statement of Bidder and finalization of bidders
(ii) RFP formulation and Issue
a) Assistance in preparation of bid documents, RFQ-cum-RFP document.
b) Issuing the RFP to selected bidders for inviting Technical & Financial bids.
c) The scope of the consultant would include participation in Pre-Proposal
Conference and answering questions or issuing clarifications with the
approval of the Department.
(iii) Selection of the bidder
a) Receipt of the Technical & Financial Bids/ Responses.
b) Evaluation of financial and technical bids as per prescribed bid evaluation
criteria
c) Declaration of the winner.
(iv) Contract Agreement formulation and signing
a) Assistance in preparation of Agreements – The consultant shall aid the
Department/IDCO in developing the project agreement.
b) Assist in execution of the concession agreement/project agreement/Work
Orders.
c) Signing of agreement between the concerned parties.

Phase 3: Infrastructure Design and Construction

Stage 1: Design
a) To closely work with Engineering team to draw up the following design
documentsbased on the requirements of the Aerospace Center.
 Structural drawings for Civil and PEB structure
 MEP drawings (HVAC, Plumbing, Electrical, and Firefighting drawings)
 3D Exterior and Interior
 Physical 3D model(s)

37 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

 Other relevant drawings.


b) To closely work with Engineering Consultants to draft standard BOQ for Civil
and MEP works.
c) To identify the Power capacity to meet Aerospace Center needs.
d) To work with the concerned authorities/contractors to obtain the relevant
documents i.e., soil testing, environmental permissions, wildlife clearance,
obstruction survey etc.

Stage 2: Implementation oversight


a) To oversee the construction of the facility including the Centre’s classrooms,
briefing rooms, and practical training areas, cabin crew training facilities
including mock aircraft cabins, simulator pads, Runway, Taxiways, Apron,
Ground Lighting, ILS, VoR equipment, Student & Staff Housing, etc., onbehalf
of the Department/IDCO.
b) To oversee the project by coordinating with contractors and service providers,
such as electrical contractors, HVAC specialists, and IT professionals, to
ensure seamless integration of civil work with the overall project.
c) To facilitate Steering Committee Meetings regularly to monitor the project’s
progress and address any issues.
d) To compile periodic reports on the overall project progress.

Stage 3: Readiness Check and Handover


a) Periodic check based on agreed project construction milestones.
b) Facilitate with various Stakeholders for facility handover.

Phase 4: Ready for Training

Stage 1: Regulatory Approval and Compliance


a) To prepare a roadmap for accepting the training equipment in consultation with
the OEMs and the Operator
b) To map the requirement of resources i.e. trainers, staff and technicians for the
institute
c) To assist the Operator in drawing up a Compliance Monitoring System
document and make available to the Authority based on EASA regulation CS-
FSTDA Issue 2 and Part ORA.
d) To oversee the preparation of regulatory submission documents and manuals
by the Operator/OEMs.
e) To assist the Center in securing the final approvals from the competent
authorities.

38 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

Stage 2: Plant Acceptance Test


a) To assist the Operator in reviewing the Acceptance Test Manual (ATM) prior to
the In-Plant acceptance starting date.
b) Advise possible corrections or additions to the ATMs.
c) Oversee the In-plant acceptance activities in coordination with the Operator
and OEMs

Stage 3: Site Acceptance Test


a) To monitor the briefing and debriefing sessions with the OEM’s and the
pilots/engineers for site acceptance program.
b) To prepare a plan for organizing the workload for efficiency and full coverage.
c) To debate about the problems found and define the gravity level with a target
date for cure.
d) To oversee the sign-off of the Site Acceptance in order to present the
equipment for authority evaluation.

Stage 4: Qualification
a) To assist and advise the operator to prepare the simulator and training
equipment qualification for the civil aviation authority.

Phase 5: Post Implementation Support

Stage 1: Infrastructure set-up leading to Operationalization of the Center


a) Expediting all the support that can be provided by the State Government in
terms of infrastructure augmentation and other support.
b) Operationalization support through an appointed committee.

Stage 2: Business Strategy for Augmentation and Growth


a) Assisting with plan for infrastructure and manpower augmentation for growth.
b) Assisting with the Development Strategy for augmentation and growth.
c) Drawing a high-level concept for growth strategy.

Stage 3: Handholding
a) Advise the Department/IDCO on issues that may arise during the transition
period form the date of execution of the necessary agreement(s) with the
Selected Party/ Operator.
b) Assist Department/IDCO in resolving any issues that may arise during the first
6 months from the date of execution of agreement(s) with the Selected
Party/ATI Operator and Department/IDCO.
c) Advise on Aviation Policy support (State & Central) to the Department/IDCO
and the operator.

39 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

d) Preparation of O&M framework including AMC model for the infrastructure


created as well as Plant & Machinery.

40 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

PART-II – Infrastructure Development


The Infrastructure development in Birasal will comprise of the following,
a. Operational Area Development
• Construction of Parallel runway, taxiway
• Construction of high speed taxi exit
• Extension of apron entry and exit taxiways
• Runway and taxiway lighting system
• Precision approach and path indicators
• Construction of rainwater drainage
• Installation of ILS and VOR equipment
b. Operations and Technical Buildings
• Construction of Simulator Housing Complex
• Construction of flight operations building in Birasal, Hirakud and Tusura
c. Site Development, Student and staff accommodation and recreation
• Site development
• Student and staff housing
• Housing for 330 student pilots
• Housing for 100 students
• Accommodation for 240 staff
• Kitchen and dining area for 370 students and staff in birasal
• Kitchen and dining for 100 student and staff at hirakud and tusura
• Reception and library with amphitheatre
• 500 seater auditorium
• Recreation area
The scope of work shall inter alia means but not limited to the following;Site Survey and investigation,
Preparation of Detailed Project Report,, Detailed Design, preparation of BoQ and estimate for EPC/
Turnkey Tender, selection of contractor and supervision during construction.

a. Preparation of Master Plan/ Zoning Plan

i. The consultant is to undertake survey, geotechnical investigation or any other


survey or investigation required for master plan and preliminary design and
estimates for EPC/ Turnkey Tender.
ii. The master planning & zoning with infrastructure designing complying the fire
norms of NBC guideline.
iii. Landscaping and reforestation duly considering the existing pattern(to the

41 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha
extent possible)
iv. Individual building locations and grouping, functional zoning duly considering
the existing pattern (to the extent possible).
v. Other common facilities, logistical facilities like security, compound wall gate,
Surveillance etc.
vi. Roads, walk ways, cycle paths and other minor access ways duly considering
the existing pattern(to the extent possible)
vii. Water distribution lines, pumping stations. Storage tanks, and treated water
lines for flushing and Horticulture duly considering the existing pattern(to the
extent possible)
viii. Storm water collection system and rain water harvesting system duly
considering the existing pattern (to the extent possible).
ix. Solid waste management system, sewerage, collection tanks, treatment and
disposals duly considering the existing pattern (to the extent possible).
x. Integrated Building management system as required as possible with the
existing pattern.
xi. The lay out shall be designed with all the parameters to suit the large area
development provisions of 4 GRIHA (Green Rating for Integrated Habitat
Assessment). The outcome will be the Master Plan in 3D computer imageand
Architectural concepts/drawings/Design for all the proposed new
buildings/infrastructure and for realigning the existing infrastructure.
Stage 1 - Concept Design

1. Site Investigations & Surveys:

a) Undertake Topographical surveys, as required to document existing site


conditions. The following survey shall be undertaken as and where
required:

42 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

 Plot boundary and land revenue survey for the land parcels which
needs to be incorporated in the design.

 Traffic Survey

 Utilities Survey

 Geotechnical Survey

The above surveys shall be carried out under prior intimation to DH,
IDCO whose representative should inspect and monitor duringthe
process.

b) The Consultant shall review and confirm that the surveys have been
performed in adequate detail for their preparation of design. The consultant
shall be responsible for accuracy of surveys.

2. Existing Context Analysis:

a) Architectural Design Elements: The Consultant shall study and recommend


appropriate design elements that could form a part of the overall design language
of the public realm including future public facilities.

b) Infrastructure investigation: The Consultant shall perform a detailed review of


available data of infrastructure services and amenities within the project area.

c) Utilities: The Consultant shall identify any utilities and amenities that will require
relocation or adjustment, temporary or permanent for the project. For this purpose
the consultant shall interact and undertake joint site visits with linedepartments of
State Government/ Agencies and submit MOMs on the same.

g) Utility Corridor: The Consultant scope will map the existing utilities and proposed
suitable space provisions for utility corridor in the further development or
augmentation of Utility Corridor, if required.

3. Concept Plan (At least 03 Options)

Deliverables for Stage 1

1. Site Surveys Drawings


2. Preliminary Concept Plan including:

a) Location Plan

b) Master plans indicating street network and open space strategies, building
typology and building height strategies, along with infrastructure layout
schemes.

43 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

c) Conceptual site Plan at appropriate scale (1:100)

d) Plan, Sections, Elevations of Buildings/ Infrastructure component (scale


1:100) (Structurally coordinated )

e) Vehicular & Pedestrian circulation

f) Building Massing

g) Preliminary Area Summary

h) Preliminary Interior Space Planning

i) Schematic landscape plan

2. PowerPoint presentation summarizing the above deliverables.

3. At least 10 indicative images rendered to give the idea of the schematic.

Review and modify as necessary after IDCO feedback and any other relevant information,
until Sign - Off for Schematic Design within stipulated time (as per contract agreement). 7
days time is reserved for consultant to incorporate feedback from IDCO/ C&T Deptt. and
submit the deliverable for go ahead to next phase of the assignment.

Stage 2 – Schematic Design

This stage will be conducted as agreed in Concept Design Stage closure. This stage will
commence after 100% completion of CD of the agreed phase/phases.

1. A detailed and accurate Soil Test and/ or any other survey/ investigation as required
shall be undertaken by the consultant.

2. Preparation of building design drawings based on Concept design consisting of


sketches, drawings and images of perspectives with area statements.

3. Review the overall Concept Design with respect to key Engineering and building
design Inputs.

4. Review all statutory bye-laws in detail and ensure that the schematic design caters
to requisite parameters of the local development rules. (Liaison architect shall review
the concept design and provide all relevant codal inputs).

5. The Consultant shall prepare material specifications and techniques, which are
sensitive to the local context and principles of sustainability.

6. The Consultant shall suggest design concepts to accentuate the vistas, vantage
points, and accordingly suggest options for illumination for areas deemed essential.

44 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

7. The Consultant shall develop plans showing the vehicular and pedestrian access,
streetscape, lighting, storm water drainage and other work.

8. The Consultant shall submit preliminary concept for all the relevant components
supported by 3D visualizations along with a preliminary cost estimate.

9. The Consultant shall prepare and complete all finishes' schedules, material
specifications and techniques, which are sensitive to the local context and principles
of sustainability.

10. The Consultant shall incorporate existing utility requirements including relocation work
to be accomplished by the Contractor into the construction and phasing drawings as
approved.

11. Prepare estimate as per OPWD norms. The estimate shall also include the items
which are not present in OPWD norms, on prevailing market rate along with
justification, specification.

12. The consultant shall survey for sources of materials for construction and ensure
testing & acceptance before recommending the lead statement. The consultant shall
submit the lead statement certified by DH.

13. The Consultant shall have to prepare quantity estimates as required for EPC/ Turnkey
Tender and specifications of all services, general engineering works and landscaping
specify environment friendly options with proven technology proposed to be
incorporated for the works to be carried out at site.

14. During preparation of designs, if any new component is required to be added in


addition as per requirement of the consultant, the same may be incorporated in the
designs.

15. The Consultant shall submit the design and modify it if considered necessary by the
Consultant. Site inspections for finalization of above details shall be conducted by
the Consultant.

16. Prepare appropriate physical and digital three-dimensional models (in the desired
scale), visual displays and aids to adequately convey the design development, as
per requirement of Consultant.

17. Prepare high quality animation videos (3-minutes length) of the proposed design to be
used as promotional material for marketing and branding.

18. Obtain the approval of the Consultant and submit 7 copies of approved hard copy of
site plan in A3 or higher size (layout plan).

45 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

Power Supply and Water Supply scope;

1. Electrification scheme shall cover the followings.


a) Internal Electrification
b) Electrification to the work tables
c) LT power distribution using Distribution boards, bus-ducts, rising mains and
cables
d) Sub-station and control room
e) External illumination such as Area Lighting, Façade Lighting, Street lighting
etc.
f) DG power back system
g) HVAC system complete with both High side and Low side.
h) Firefighting complete
i) Lifts
j) Renewable power usage
k) Design of External services like sewerage, drainage, firefighting, etc.
l) Detailed structural design including MEP, HVAC, etc
m) While planning for different components of fire fighting works, the detail
norms/ specification/ guidelines as per NBC 2016 Vol-4 and fire department
of Odisha be followed.
n) In the planning of the building suitable provision for fire doors, fire evacuation
system be properly planned

The scheme should take into account energy conservation as per the Odisha Energy
Conservation Building Code (OECBC) guidelines
2. Water supply scheme shall cover the followings.
a) Design for adequate water storage facility for Buildings/ Infrastructure
Components, underground / semi underground storage tank, pumping
arrangement and pipeline connections.
b) Proper design of rain water harvesting structures as per guidance of CGWB and
State Board be followed with provision for adequate numbers keeping in view the
intensity of rainfall and terrace area etc
c) The building should be planned for a Zero Discharge Complex both for waste
water as well as rain water
d) External water supply scheme from source and distribution in entire 100 acres
campus.
e) Study and design of STP along with O&M framework.
Deliverables for Stage 2

46 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

Deliverables by the consultant for SCHEMATIC DESIGN STAGE shall include the following:-

1. Integrated Master Plan (including existing Infrastructure)


a. Complete master plan of the project showing location of buildings, roads, open
spaces and parking elements for new development and existing structures.
b. Sections through key pedestrian and vehicular access roads along with
relevant cardinal dimensions.
c. Clear delineation of the project site limit lines
d. Primary spot elevations
e. Cardinal street elevation(s)+
f. Levels of Buildings
2. Building Floor Plans
a. Plans of all floors showing structural system, vertical transportation elements,
core elements, vertical shafts, floor elevations
b. Key dimensions, bay sizes, structural grid and overall dimensions
c. General notes indicating major extent of materials and any special conditions
of equipment.
d. Area Summary
e. Floor Curve Ratio.
3. Building Sections
a. Sections through building to show relevant conditions including vertical
transportation and adjacent conditions
b. Floor to floor height
c. Ceiling heights
d. Schematic section details keyed
4. Building Elevations
a. Major elevations with extent of glazing type proposed and mullion spacing
with design wind pressure indicated.
b. Texture, projections, corbellings, claddings, if any.
c. Overall dimensions

This Stage will be considered complete after IDCO’s written approval of the Schematic design
and request to move to the next stage.7 days’ time is reserved for consultant to incorporate
feedback from IDCO/ C&T Deptt. and submit the deliverable for go ahead to nextphase of the
assignment.

Stage-3: Statutory Approvals Stage

47 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

1. Prepare and submit reports / drawings / submissions necessary for statutory approvals
and ensure compliance with codes, standards and legislation, as applicable.
2. Incorporating necessary changes or making modifications in the designs based on
inputs received from the statutory authorities.
3. Obtaining all statutory approvals from all the local authorities including associated
liaisoning.
4. All works for submission including fee payment to authorities shall be borne by the
consultant and shall be reimbursed by IDCO on production of original receipt

15 days’ time is reserved for consultant to incorporate feedback from IDCO/ C&T and submit
the deliverable for go ahead to next phase of the assignment. This Stage will be considered
complete after IDCO’s written approval of Detailed Design stage and request to move to the
next stage.

Stage 4 – Preparation of Tender Documents

1. The Consultant shall prepare the EPC/ Turnkey tender document for selection
of Contractor for execution of the project.

2. Prepare tender drawings, specifications and schedule of quantities sufficient


to prepare estimate of cost and tender documents including code of practice
covering aspects like mode of measurement, method of payments, quality
control procedures on materials & works and other conditions of contract.

3. The consultant shall be required to prepare Program Evaluation Review


Technique (PERT) chart to monitor the progress of work on fortnightly basis.
Deliverables for Stage 4

Prepare final tender drawings and comprehensive EPC/ Turnkey Tender documents after
approval of detailed design and incorporating IDCO’s comments.

Stage-5: On boarding of contractor


The consultant shall undertake the bid process management process by assisting the client in,
1. Preparation of Tender call notice,
2. Publication of tender
3. Conducting pre bid meetings and issuance of pre bid clarifications
4. Evaluation of technical and financial proposals
5. Issuance of Letter of Award (LoA)
6. Execution of Contract Agreement

48 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha
Stage -6: Supervision during Construction period

a. The Client shall make available site office space for the supervision staffs of the
consultant for daily monitoring during the construction period.

b. The following shall be made available for the supervision staffs,

• 5 Desktops

• 1 printer

• Office Space for at least 15 staffs with AC, water and electricity connection

• One four wheeler for project work.

49 | P a g e
C. Manpower Deployment Schedule, Qualification and Experience

S.No. Positions Qualifications Period of engagement


and deployment
1 Team a. Shall have 36 months at Site
Leader - minimum 15 years
1 of professional
experience.
b. MBA / M.E / M.tech / Similar
post graduate degree
c. Shall have handled
major infrastructure
projects as Team
Leader
2 Deputy a. B. Arch with 12 months at Site
Team M.Arch / M. Plan.
Leader b. Shall have
cum minimum 10 years
Design of experience
Coordinat c. Shall have design
or – 1 and
implementation
experience of
infrastructure
projects
3 Simulatio  Shall have flight simulation 9 months (7 days each
n Expert experience with a month for 36 months)
–1 comprehensive
competence in Electronics,
Software, Mechanics,
Hydraulics, Electricals,
Pneumatics, Sound, Visual
and aircraft systems.
 Shall have the experience
of simulator acceptance,
evaluation and
compliance.

50 | P a g e
4 FTO  Shall have a Postgraduate 9 months (7 days each
expert – degree in Engineering / month for 36 months)
1 Management
 Shall have the experience in
Flight Training Industry with
a background on FTA
Management.
5 Aviation  Shall have a Postgraduate 9 months (7 days each
Expert – degree in Engineering / month for 36 months)
1 Management
 Shall have over 5 years of
experience in MRO /
Project Management /
Skilling
6 Finance  Shall have a Postgraduate 12 months (10 days
Expert - 1 in Management / Finance each month for 36
/ Business Economics / months)
Chartered Accountatnt

 Shall have atleast 15 years


of experience

 Shall have the experience


of evaluating and analysing
the financial implications of
policies, schemes, and
projects
7 Construct  BE (Civil) and Post graduate 30 months
ion degree in construction
Manage management with atleast 10
ment years of experience in
Expert – infrastructure project
1 management

8 Structural  BE (Civil) and with atleast 7 12 months


Expert – years of experience in
1 infrastructure project
management / designing.

51 | P a g e
9 MEP  BE (Civil) and with atleast 7 24 months
Expert - 1 years of experience in
infrastructure project
management / designing.
1 HVAC  BE (Civil) and with atleast 7 18 months
0 Expert – years of experience in
1 infrastructure project
management / designing.
1 Infrastruc  BE (Civil) and with atleast 7 30 months
1 ture years of experience in
Expert – infrastructure project
1 designing / supervision.

1 Quantity  BE (Civil) and with atleast 7 30 months


2 Surveyor years of similar experience
–1
1 Site  BE (Civil) and with atleast 5 30 months
3 Engineer years of similar experience
(Buildings
)–1
1 Site  BE (Civil) and with atleast 5 30 months
4 Engineer years of similar experience
(Roads &
Infra) – 1
1 Junior  B.E and Post Graduate 36 months
5 Manager Degree in related field with 0-
(Aviation) 3 years of experience
–1
1 Junior  B.E and Post Graduate 36 months
6 Manager Degree in related field with 0-
(Finance 3 years of experience
/
procurem
ent) – 1
1 Electronic  B.E in Electronics and 12 months
7 s and Telecommunication with
Telecom atleast 5 years of experience

52 | P a g e
municatio in related field.
n
Engineer

The following personnel shall be available at Site for 7 days each month. Beyond 7 days, the
client shall pay for the accommodation charges of the personnel as per actuals.

D. Payment Schedule: As per the table in the Financial Bid, payments shall be made
4 (four) different types of services,

j. C1 – Lumpsum payment -

S.No Milestones Timelines from the date of Percentage of


execution of contract quotation mentioned
agreement (T) in 1a.
1 a. Preparation of Strategic T+30 days 20%
Road Map

2 b. Demand and Supply T+45 days 10%


Analysis
c. Existing Infrastructure
and gap analysis
3 d. Financial planning and T+60 days 20%
modelling of new
infrastructure, capacity
enhancement.
e. Project Structuring for
selection of operator
f. Submission of Tender
documents
4 g. Completion of Bid T+ 90 days 20%
process management till
execution of contract
agreement
5 h. Assistance in According As and when required 15%
regulatory approval and
compliance

53 | P a g e
6 i. Submission of operation T+120 days 15%
and maintenance
framework and draft
manual

ii. C2 – Manpower Deployment -


Monthly payment on actual deployment at Site for the following personnel shall be
made based on the unit rate quoted by the selected bidder in 1b.
a. Simulation Expert
b. FTO Expert
c. Aviation Expert
d. Finance Expert

iii. C3 – Engineering Design (lumpsum payment) -

S.N Milestones Timelines from the Percentage of


o. date of execution quotation
of contract mentioned in 2a.
agreement (T)
1 Site surveys, Investigations T+30 days 15%
2 Submission of concept plan and T+45 days 10%
approval
3 Submission of Detailed T+90 days 20%
designing, estimates, BoQ and
approval
4 Submission of T+120 days 20%
Tender documents
(EPC/Turnkey) and
approval
5 Evaluation of T+150 days 15%
proposals,
submission and
approval
6 Execution of T+180 days 10%
Contract with

54 | P a g e
Contractor
7 Commissioning and As per 10%
handover of the actual
facility (phase wise)
after getting all
statutory clearances

Obtaining all types of statutory clearances like (Fire NOC, Building Plan, Consent to
establish, Environment clearance etc) shall be the responsibility of the selected bidder.
Statutory fees towards obtaining all the applicable clearances required for this project
shall be reimbursed by the client on submission of actual bills.

iv. C4 - Manpower deployment for Construction Supervision


The Selected bidder shall be paid on monthly basis for the following personnel based
on actual deployment for design coordination, project management and construction
supervision

a. Team Leader
b. Deputy Team Leader – 1
c. Contract Management Expert – 1
d. Structural Expert – 1
e. MEP – 1
f. HVAC – 1
g. Infrastructure Expert – 1
h. Quantity Surveyor -1
i. Site Engineer Buildings – 1
j. Site Engineer Roads – 1
k. Junior Manager (Aviation) – 1
l. Junior Manager (Finance / Procurement) - 1

55 | P a g e
E. REVIEW PROCEDURE

The deliverables mentioned above shall be reviewed by 3 nos. of committees. Two Internal
committees headed under the chairmanship of CGM (P&C) and MD, IDCO and 3rd committee
will be headed under the chairpersonship of Principal Secretary, C&T Department.

56 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

Section: 4

Technical Proposal Submission Forms

57 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

TECH -1
COVERING LETTER
(ON BIDDER’S LETTER HEAD)

[Location, Date]
To,

The Chief General Manager (P&C),


Odisha Industrial Infrastructure Development Corporation (IDCO)
IDCO Towers, Unit 9, Janpath
Bhubaneswar- 751021, Odisha

Subject: Selection of Consultant cum Transaction Advisor for Operation, Management


& Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha
Dear Sir,

I, the undersigned, offer to provide the services for the proposed assignment in respect to your
Request for Proposal No. , Dated: . I hereby submit the proposal which includes this technical
proposal. Our proposal will be valid for acceptance up to 120 Days and I confirm that this
proposal will remain binding upon us and may be accepted by you at any timebefore this
expiry date.
All the information and statements made in this technical proposal are true and correct and I
accept that any misinterpretation contained in it may lead to disqualification of our proposal.
If negotiations are held during the period of validity of the proposal, I undertake to negotiate
on the basis of the proposal submitted by us. Our proposal is binding upon us and subject to
the modifications resulting from contract negotiations.
I have examined all the information as provided in your Request for Proposal (RFP) and offer
to undertake the service described in accordance with the conditions and requirements of the
selection process. I agree to bear all costs incurred by us in connection with the preparation
and submission of this proposal and to bear any further pre-contract costs. In case, any
provisions of this RFP/ ToR including of our technical & financial proposal is found to be
deviated, then your department shall have rights to reject our proposal including forfeiture of
the Earnest Money Deposit absolutely. I confirm that, I have the authority to submit the
proposal and to clarify any details on its behalf.

58 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

I understand you are not bound to accept any proposal you receive. I remain,
Yours faithfully,

Authorized Signatory with Date and Seal:

Name and Designation:

Address of Bidder:

59 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

TECH -2
Bidder’s Organization (General Detail)

Sl. Description Full Details


No.
1 Name of the Bidder

2 Address for communication:


Tel :
Fax:
Email id:

3 Name of the authorized person


signing & submitting the bid on
behalf of the Bidder:
Mobile No. :
Email id :

4 Registration / Incorporation
Details
Registration No:
Date & Year. :

5 Local office in Odisha


If Yes, Please furnish contact Yes / No
details
6 Bid Processing Fee Details
Amount:
Online reference No. :
Date:
Name of the Bank:
7 EMD Details
Amount :
Online reference No.:
Date:
Name of the Bank:

60 | P a g e
RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

8 PAN Number

9 Govt. of Odisha and Services Tax


Identification Number (GSTIN)
10 Willing to carry out assignments as YES
per the scope of work of the RFP

11 Willing to accept all the terms YES


and conditions as specified in the
RFP

Authorized Signatory [In full and initials]:

Name and Designation with Date and Seal:

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TECH -3
Bidder Organization (Financial Details)
Financial Information in INR
Details FY19-20 FY20-21 FY21-22 Average
Average Annual Turnover (in
Crore) from consulting / advisory
services.

Supporting Documents:

Audited certified financial statements for the last Three FYs (preceding the Financial year in
which the proposal is due) (Submission of copies of Income & Expenditure Statement and
Balance Sheet for the respective financial years is mandatory along with this form).

Filled in information in this format must have to be jointly certified and sealed by the CA
and the authorized representative of the bidder and to be furnished in original along
with the technical proposal failing which the proposal will be out rightly rejected. No
scanned copy will be entertained.

Signature and Seal of the Company Auditor with Date in original

Authorized Signatory [In full initials with Date and Seal]:

Communication Address of the Bidder:

[NB: No Scanned Signature will be entertained]

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TECH -4
FORMAT FOR POWER OF ATTORNEY
(On Bidder’s Letter Head)

I,_, the (Designation) of (Name of the Organization) in witness whereof certify that <Name of
person>is authorized to execute the attorney on behalf of <Name of Organization>,
<Designation of the person>of the company acting for and on behalf of the company under
the authority conferred by the <Notification / Authority order no.>Dated <date of
reference>has signed this Power of attorney at <place> on this day of <day><month>,
<year>.

The signatures of <Name of person>in whose favour authority is being made under the
attorney given below are hereby certified.

Name of the Authorized Representative:

(Signature of the Authorized Representative with Date)

CERTIFIED:
Signature, Name & Designation of person executing attorney:

Address of the Bidder:

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TECH -5
(BIDDER’S PAST EXPERIENCE DETAILS)
Table -1 (List of completed assignments only of similar nature** in any sector during
last seven years

Sl. Period Name of the Name *Contract Date of Date of Remark


no. Assignment of the Value (in Award / Completion s if any
with details Client INR) and Commencem of
thereof Duration in ent of assignment
Month assignment

A B C D E F G H
1
2
3
4
5

Authorized Signatory [In full and initials]:

Name and Designation with Date and Seal:

Note: Bidders are requested to furnish the list of assignments of similar undertaken as
per the above prescribed format only. Information not conforming to the above format
will be treated as non-responsive. Copies of the Work order / Contract Document /
Completion Certificate from the previous Clients need to be furnished along with the
above information.

**Please refer to Section-2 of RFP for definition of Similar nature of Works.

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TECH -6
INFORMATION REGARDING ANY CONFLICTING ACTIVITIES AND DECLARATION
THEREOF

Are there any activities carried out by your Consultant which are of conflicting nature
as mentioned in Section 2: [Information to the Bidder] under Eligibility Criteria: Para (4).
If yes, please furnish details of any such activities.

If no, please certify,

IN BIDDER’ S LETTER HEAD

I, hereby declare that our Consultant as Individual is not indulged in any such activities which
can be termed as the conflicting activities as mentioned in Section 2: [Information to the
Bidder] under Eligibility Criteria: Para (4).

I, also acknowledge that in case of misrepresentation of any of the information, our proposal
/ contract shall be rejected / terminated by the Client which shall be binding on us.

Authorized Signatory [In full initials with Date and Seal]:

Communication Address of the Bidder:

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TECH -7
Comments and Suggestions on the Terms of Reference / Scope of Work and
Counterpart Staff and Facilities to be provided by the Client

A: On the Terms of Reference / Scope of Work:

[The consultant needs to present and justify in this section, if any modifications to the Terms
of Reference he is proposing to improve performance in carrying out the assignment (such
as deleting some activity considering unnecessary, or adding another, or proposing a different
phasing of the activities / study process modifications). Such suggestions should beconcise
and to the point, and incorporated in the technical proposal. Modification / suggestion will not
be taken into consideration without adequate justification. Any change in manpower resources
will not be taken into consideration]

B: On Input and Facilities to be provide by the Client:

[Comment here on inputs and facilities to be provided by the Client with respect to the Scope
of Work and Study Implementation]
Authorized Signatory [In full and initials]: Name and Designation with Date and
Seal:

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TECH -9
Format of Curriculum Vitae (CV) for Proposed Key Personnel

1. Proposed Position:
[For each position of key professional separate form Tech B-6 will be prepared]
2. Name of Firm :
3. Name of Staff :
4. Date of Birth :
5. Years with Firm :
6. Nationality :
7. Education :
[Indicate college / university and other specialized education of staff member, giving names
of institutions, degrees obtained, and dates]
8. Membership in Professional Associations:
9. Other Trainings :
10. Countries of Work Experience:
11. Languages :
[For each language indicate proficiency: excellent, Govt. of Odishad, fair, or poor; in
speaking, reading, and writing]

12. Employment Record:

[Starting with present position, list in reverse order every employment held by staff member
since graduation, giving for each employment (see format here below): dates of employment,
name of employing organization, positions held. For experience in last ten years, also give
types of activities performed and Client references, where appropriate as per the prescribed
format given below]

From [Year] To [Year]


Procuring Entity Name:
Position Held:

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Details of the Task Assigned


[List all tasks to be performed under this
Assignment/job]

13. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned

[Among the Assignment/jobs in which the staff has been involved, indicate the following
information for those Assignment /jobs that best illustrate staff capability to handle the tasks
listedunderpoint12.]

Name of the Project


Year
Location
Name of the Client
Project Feature
Position Held
Activities Performed

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Certification:

I, the undersigned, certify that to the best of my knowledge and belief that this CV correctly
describes my qualifications and past experiences. I will undertake this assignment for the full
project duration in terms of roles and responsibilities assigned in the technical proposal or any
agreed extension of activities thereof. I understand that any misstatement herein leads to
disqualification of CV.

Date:

Signature of Key Professional with Date

Authorized Signatory [In full and initials]:

Name and Designation with Date and Seal:

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TECH -10

PROPOSED WORKPLAN TO CARRY OUT THE ASSIGNMENT

Week

Sequence
of Study
1 2 3 4 5 6 7 8
Activities
/ Sub
Activities

Indicate all main activities / sub activities of the proposed assignment including delivery of
reports (Inception. and Final Reports) and other associate sub-activities

Authorized Signatory [In full and initials]:

Name and Designation with Date and Seal:

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TECH -11
FORMAT FOR BID SECURITY DECLARATION
(Deleted)

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Section: 5

Financial Proposal Submission Forms

Please refer to BOQ and submit rates as per the BOQ uploaded in the e-tendering
portal.

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SECTION 5 (Annexure 5A)


Detailed Break up of Financial Proposal

1a. Lumpsum Financial quotation of Consultancy fees (C-1) for the components as
mentioned from Pt.No. a to Pt. No. i

Sr. Financial bid components Value in INR/ Percentage


No (%)
1a Lumpsum Consultancy services (C-1)- for, Value will be in INR ---(1a)
a. Preparation of Strategic Road Map
Bidders shall put lumpsum
b. Demand and Supply Analysis value in INR for the scope of
work mentioned from Pt.No.
c. Existing Infrastructure and gap analysis a to Pt. No. i
d. Financial planning and modelling
e. Project Structuring for selection of operator
f. Bid process management
g. Assistance during design and construction
h. According regulatory approval and compliance
i. Creation of operation and maintenance framework
and draft manual

Table - 1

1b. Lumpsum Manpower costs (C-2) (the unit rates on monthly basis shall be made available to
the client by the selected bidder before issuance of Letter of Award),
S.No Positions Unit Rate Minimum nos. of Total Rate
(Monthly) in INR months for In INR
deployment at
(a) (b) site
(c) (d)= (b)x(c)
1 Team Leader 36
2 Simulation Expert 9
3 FTO Expert 9
4 Aviation Expert 9
5 Finance Expert 12

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2a. Percentage of consultancy services (C-3) for Engineering Design (Site survey, preparation of
DPR, preliminary design, estimates per CPWD/OPWD code for floating of EPC/ Turnkey Tender
by IDCO/ Works Dept.) for phase wise development for Biju Pattnaik Aerospace Centre

Sr. Financial bid components Value in INR/ Percentage


No (%)
2a
Percentage of consultancy services (C-3) for The indicative project cost for
Engineering Design (Site survey, preparation of DPR, infrastructure Development is
preliminary design, estimates per CPWD/ OPWD code Rs.500 Crores. It is only for
for floating of EPC/ Turnkey Tender by IDCO/ Works the purpose of bidding only.
Dept.) for phase wise development for Biju Pattnaik Bidders need to put lumpsum
Aerospace Centre value as consultancy fees for
the mentioned scope of work
in this table in the e
procurement portal. IDCO
shall convert the lumpsum
value into percentage based
on the indicative project cost
of Rs. 500 crores.

2b. Lumpsum Manpower (Construction Supervision) costs (C-4) for 36 months

S.No Positions Unit Rate Minimum nos. of Total Rate


(Monthly) in months for In INR
INR deployment at
(a) site
(b) (c) (d)= (b)x(c)
1 Deputy Team 12
Leader
2 Contract 30
Management Expert
3 Structural Expert 12
4 MEP 24
5 HVAC 18
6 Infrastructure Expert 30
7 Quantity Surveyor 30
8 Site Engineer 18
Buildings
9 Site Engineer 30
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Roads
10 Junior Manager 36
(Aviation)
11 Junior Manager 36

(Finance /
Procurement)
12 Electronics and 18
Telecommunication
Engineer

Note: Bidders shall fill up this Annexure 5A (Break of financial quotation) and the highest (evaluated)

ranked bidder shall submit the same to IDCO during negotiation meeting (as per Clause no 11 – Negotiation
meeting stated in Section 2 Instruction to Bidders). Bidders shall combine the financial quotation of 1a and
1b as per the above table and put the financial quotation value in Pt 1 of the BoQ table (Price Schedule) in
the e-procurement portal. Similarly, Bidders shall combine the financial quotation of 2a and 2b as per the
above table and put the financial quotation value in Pt 2 of the BoQ table (Price Schedule) in the e-
procurement portal. The total of Pt. 1 and 2 in the BoQ (Price schedule) of the technically qualified bidders
shall be evaluated.

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Section 6

Bid Submission Check


List

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Annexure – I

Sl. Description Submitted Page No.


No. (Yes/No)

TECHNICAL PROPOSAL (ORIGINAL UPLOADED)


1 Filled in Bid Submission Check List (ANNEXURE-I)

2 Covering Letter (TECH -1)


3 Bid Processing Fee of Rs. /- online
4 General Details of the Bidder (TECH - 2)
5 Power of Attorney (TECH - 4) in favour of the person
signing the bid on behalf of the bidder.
6 Self-Declaration on Potential Conflict of Interest
(TECH - 6)
7 Undertaking for not have been black-listed by any
Central / State Govt./any Autonomous bodies during
its business career.
8 Comments and Suggestions (TECH – 7)
9 Description of Approach, Methodology & Work Plan
(TECH - 8)
10 CV of Key Professionals (TECH – 9)
11 Resource deployment Plan (TECH – 10)
12 EMD

Undertaking:

o All the information have been submitted as per the prescribed format and
procedure.
o Each part has been separately bound with no loose sheets and each page of
all the two parts are page numbered along with Index Page.
o All pages of the proposal have been sealed and signed by the authorized
representative.

Authorized Signatory [In full and initials]:

Name and Designation with Date and Seal:

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Annexure – II
PERFORMANCE BANK GUARANTEE FORMAT

To,

The Chief General Manager (P&C),


Odisha Industrial Infrastructure Development Corporation (IDCO)
IDCO Towers, Unit 9, Janpath
Bhubaneswar- 751021, Odisha

Subject: Selection of Consultant cum Transaction Advisor for Operation,


Management & Development of Biju Patnaik Aerospace Centre at
Dhenkanal, Odisha

WHEREAS (Name and address of the Consultant) (hereinafter called “the Consultant”)
has undertaken, in pursuance of RFP No dated to
undertake the service “Selection of Consultant cum Transaction Advisor for Operation,
Management & Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha”
(herein called contract) AND WHEREAS it has been stipulated by Chief General Manager
(P&C), IDCO, Odisha in the said contract that the Consultant shall furnish you with a bank
guarantee by a scheduled commercial bank recognized by you for the sum specified therein
as security for compliance with its obligations in accordance with the contract; AND
WHEREAS we have agreed to give the supplier such a bank guarantee; NOW THEREFORE
we hereby affirm that we are guarantors and responsible to you, on behalf of the Consultant,
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 consultant to be in defaultunder the contract
and without cavil or argument, any sum or sums within the limits 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.
We hereby waive the necessity of your demanding the said debt from the consultant before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the contract
to be performed there under or of any of the contract documents which may be made between
you and the consultant shall in any way release us from any liability underthis guarantee
and we hereby waive notice of any such change, addition or modification.

This performance bank guarantee shall be valid until the day of , <Year>
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Our branch at Bhubaneswar (Name & Address of the Bank) is liable to pay the guaranteed
amount depending on the filing of claim and any part thereof under this Bank Guarantee only
and only if you serve upon us at our Bhubaneswar branch a written claim or demand and
received by us at our Bhubaneswar branch on or before Dt otherwise bank shall be
discharged of all liabilities under this guarantee thereafter.

…………………………….
(Signature of the authorized officer of the Bank)
………………………………………………………….
Name and designation of the officer
………………………………………………………….
………………………………………………………….
Seal, name & address of the Bank & Branch

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Section 7

Standard form of Contract

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Contents

I. Form of Contract
II. General Conditions of Contract
1. General Provisions
2. Commencement, Completion, Modification and Termination of Contract
3. Obligations of the Consultant
4. Consultants’ Personnel and Sub-Consultants
5. Obligations of the Employer
6. Payments to the Consultant
7. Fairness and Good Faith
8. Settlement of Disputes
9. Liquidated Damages
10. Miscellaneous Provisions

III. Special Conditions of Contract

IV. Appendices
Appendix A – Description of Services
Appendix B - Reporting Requirements
Appendix C - Staffing Schedule
Appendix D - Cost Estimates
Appendix E - Duties of the Employer
Appendix F- Duties of the Consultant
Appendix G- Minutes of Negotiation Meeting and Letter for Revised Financial Quotation

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DRAFT

CONTRACT FOR CONSULTANTS’ SERVICES

Between

Chief General Manager (P&C), Odisha Industrial Infrastructure Development Corporation


(IDCO)

And

XXXX

Dated:

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I. Form of Contract

This CONTRACT (hereinafter called the “Contract”) is made the XXth day of the month of
Month, Year, between Odisha Industrial Infrastructure Development Corporation (IDCO)
through Chief General Manager (P&C), IDCO (office address), [name of employer]
(hereinafter called the “Employer”), of the First Part and, XXXXXXX a company duly organized
and existing under the law of India and having its registered office at XXXXXXXXXXXX, State,
India (hereinafter called the “Consultant”) of the Second Part.

WHEREAS

(a) the Consultant, having represented to the “Employer” that he has the required
professional skills, personnel and technical resources, has offered to provide in
response to the Tender Notice dated issued by the Employer;

(b) the “Employer” has accepted the offer of the Consultant to provide the services
on the terms and conditions set forth in this Contract.

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NOW, THEREFORE, IT IS HEREBY AGREED between the parties as follows:

1. The following documents attached hereto shall be deemed to form an integral


part of this Contract:
(a) The General Conditions of Contract;
(b) The Special Conditions of Contract;
(c) The following Appendices:
Appendix A: Description of Services

Appendix B: Reporting Requirements

Appendix C: Staffing schedule

Appendix D: Total Cost of Services

Appendix E: Duties of the “Employer”

Appendix F: Duties of the “Consultant”

Appendix G: Pre-Bid Minutes & Corrigendum

Appendix H: Minutes of Negotiation Meeting

Appendix I: Letter of Intent (LOI)

Appendix J: Minutes of Kick-Off Meeting

Appendix K: Performance Bank Guarantee

Appendix L: Bank Account Details of Consultant

Appendix M: Board Resolution for Authorized Signatory

Appendix N: Insurance(s) taken by the Consultant for Resources (Clause


3.4)

2. The mutual rights and obligations of the “Employer” and the Consultant shall
be as set forth in the Contract, in particular:
(a) the Consultants shall carry out and complete the Services in accordance with the
provisions of the Contract and
(b) the “Employer” shall make payments to the Consultant in accordance with the
provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be


signed in their respective names as of the day and year first above written.

Signed by -----

1. For and on behalf of IDCO


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2. For and on behalf of XXXXXXXXX

In presence of (Witnesses)

i.) A

ii.) B

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General Conditions of Contract


1. GENERALPROVISIONS

Definitions: Unless the context otherwise requires, the following terms


whenever used in this Contract have the following meanings:

a) “Applicable Law” means the laws and any other instruments having the force of law
in Odisha for the time being.

b) “Agency” means any private or public entity that will provide the Services to the
“Client” under the Contract.

c) “Contract” means the Contract signed by the Parties and all the attached documents
listed in its Clause 1, that is the General Conditions (GC), the Special Conditions (SC)
and the Appendices.

d) “Day” means calendar day.

e) “Effective Date” means the date on which this Contract comes into force and effect
pursuant to Clause GC 2.1.

f) “Foreign Currency” means any currency other than the currency of the “Client’s”
country.

g) “GC” means these General Conditions of Contract.

h) “Government” means the Government of Odisha

i) “Local Currency” means Indian Rupees.

j) “notice” Written communication sent to Address for communication mentioned in


contract.

k) “Party” means the “Client” or the Agency, as the case may be, and “Parties” means
both of them.

l) “Personnel” means professionals and support staff provided by the Agency assigned
to perform the Services or any part thereof; “Foreign Personnel” means such
professionals and support staff who at the time of being so provided had their domicile
outside the Government’s country; “Local Personnel” means such professionals and
support staff who at the time of being so provided had their domicile inside the
Government’s country; and “Key Personnel” means the Personnel referred to in
Clause GC 4.2(a).

m) “Reimbursable expenses” means all assignment-related costs [such as travel,


translation, report printing, secretarial expenses, subject to specified maximum
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limits in the Contract].

n) “SC” means the Special Conditions of Contract by which the GC may be amended
or supplemented.

o) “Services” means the work to be performed by the Agency pursuant to thisContract,


as described in Appendix A hereto.

p) “Third Party” means any person or entity other than the “Client”, or the Agency.

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

Relationship Between the Parties

Nothing contained herein shall be construed as establishing a relationship ofmaster


and servant or of principal and agent as between the “Employer” and the Consultant.
The Consultant, subject to this Contract, has complete charge of Personnel and
Sub-Consultants, if any, performing the Services and shall be fully responsible for
the Services performed by them or on their behalf hereunder.

Law Governing Contract: This Contract, its meaning and interpretation, and
the relation between the Parties shall be governed by the applicable laws of
India.

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

Notices

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 in the SC.

A Party may change its address for notice hereunder by giving the other Party
notice in writing of such change to the address specifiedin the SC.

Location: The Services shall be performed at such locations as are specified in


Appendix A hereto and, where the location of a particular task is not so specified,
at such locations, as the “Employer” may approve.

Authority of Lead Partner: Deleted

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Authorized Representatives: Any action required or permitted to be taken,


and any document required or permitted to be executed under this Contract by
the “Employer” or the Consultant may be taken or executed by the officials
specified in the SC.

Taxes and Duties: The Consultant, Sub-Consultants and Personnel shall be


liable to pay such direct and indirect taxes, duties, fees and other impositions
levied under the applicable laws of India.

Fraud and Corruption

Definitions: It is the Employer’s policy to require that Employers as well as


Consultants observe the highest standard of ethics during the execution of the
Contract. In pursuance of this policy, the Employer defines, for the purpose of
this provision, the terms set forth below as follows:

a. “corrupt practice” means the offering, receiving, or soliciting, directly or


indirectly, of anything of value to influence the action of a public official in
the selection process or in contract execution;

b. “fraudulent practice” means a misrepresentation or omission of facts in


order to influence a selection process or the execution of a contract;

c. “collusive practices” means a scheme or arrangement between two or more


consultants, with or without the knowledge of the Employer, designed to
establish prices at artificial, non- competitive levels;

d. “coercive practices” means harming or threatening to harm, directly or


indirectly, persons or their property to influence their participation in a
procurement process, or affect the execution of a contract;

Measures to be taken by the Employer

a. The Employer may terminate the contract if it determines at any time that
representatives of the consultant were engaged in corrupt, fraudulent,
collusive or coercive practices during the selection process or the execution
of that contract, without the consultant having taken timely and appropriate
action satisfactory to the Employer to remedy the situation;

b. The Employer may also sanction against the Consultant, including


declaring the Consultant ineligible, either indefinitely or for a stated period
of time, to be awarded a contract if it at any time determines that the

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Consultant has, directly or through an agent, engaged in corrupt, fraudulent,


collusive or coercive practices in competing for, or in executing, an
Employer-financed contract;

Commissions and Fees

At the time of execution of this Contract, the Consultants shall disclose any
commissions or fees that may have been paid or are agreed to be paid to
agents, representatives, or commission agents with respect to the selection
process or execution of the contract. The information disclosed must include
at least the name and address of the agent, representative, or commission
agent, the amount and currency, and the purpose of the commission or fee.

2. 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 the “Employer’s notice to the Consultant instructing the
Consultant to begin carrying out the Services. Effectiveness of Contract shall start
from the Commencement date of assignment.

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

Commencement of Services: The Consultant shall begin carrying out the Services
not later than the number of days after the Effective Date specified in the SC.

Expiration of Contract: Unless terminated earlier pursuant to Clause GC 2.9


hereof, this Contract shall expire at the end of such time period after the Effective
Date as specified in the SC.

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.

Modifications or Variations:

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(a) Any modification or variation of the terms and conditions of this Contract,
including any modification or variation of the scope of the Services, may only be
made by written agreement between the Parties. Pursuant to Clause GC 7.2 here
of, however, each Party shall give due consideration to any proposals for
modification or variation made by the other Party.

(b) In cases of substantial modifications or variations, the prior written consent of


the Employer is required.

Force Majeure

Definition

a. For the purposes of this Contract, “Force Majeure” means an event which
is beyond the reasonable control of a Party, is not foreseeable, is
unavoidable and not brought about by or at the instance of the Party
claiming to be affected by such events and which has caused the non-
performance or delay in performance, and which makes a Party’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 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 the Party invoking
Force Majeure to prevent), confiscation or any other action by Government
agencies.

b. 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 Sub-Consultants or 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 the conclusion of this Contract and avoid
or overcome in the carrying out of its obligations hereunder.

Subject to clause 2.7.2, Force Majeure shall not include insufficiency of funds
or inability No Breach of Contract: The failure of a Party to fulfill any of its
obligations hereunder shall not be considered to be a breach of, or default
under, this Contract insofar as such inability arises from an event of Force
Majeure, provided that the Party affected by such an event has taken all
reasonable precautions, due care and reasonable alternative measures,
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all with the objective of carrying out the terms and conditions of this
Contract.

Measures to be Taken:

a. A Party 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.

b. A Party affected by an event of Force Majeure shall notify the other


Party of such event as soon as possible, and in any case not later than
fourteen (14) 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.

c. Any period within which a Party shall, pursuant to this Contract, complete
any action or task, shall be extended for a period equal to the time during
which such Party was unable to perform such action as a result of Force
Majeure.

d. During the period of their inability to perform the Services as a result of an


event of Force Majeure, the Consultant, upon instructions by the
“Employer”, shall either:

i. demobilize, or

ii. Continue with the Services to the extent possible, in which case
the Consultant shall continue to be paid proportionately and on
prorata basis, under the terms of this Contract.

e. In the case of disagreement between the Parties as to the existence or


extent of Force Majeure, the matter shall be settled according to Clause
GC8.

Suspension : The “Employer” may, by written notice of suspension to the


Consultant, suspend all payments to the Consultant hereunder if the Consultant fails
to perform any of its obligations under this Contract, including the carrying outof the
Services, provided that such notice of suspension (i) shall specify the natureof the
failure, and (ii) shall allow the Consultant to remedy such failure, if capableof being
remedied, within a period not exceeding thirty (30) days after receipt by

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the Consultant of such notice of suspension.

Termination

By the “Employer”: The “Employer” may terminate this Contract in case of


the occurrence of any of the events specified in paragraphs (a)through
(h) of this Clause GC 2.9.1.1.

a. If the Consultant fails to remedy a failure in the performance of its


obligations hereunder, as specified in a notice of suspension pursuant to
Clause GC 2.8 hereinabove, within thirty (30) days of receipt of such
notice of suspension or within such further period as the “Employer” may
have subsequently approved in writing.

b. If the Consultant becomes (or, if the Consultant 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.

c. Deleted

d. If the Consultant, in the judgment of the “Employer”, has engaged in


corrupt or fraudulent practices in competing for or in executing this
Contract.

e. If the Consultant submits to the “Employer” a false statement which has


a material effect on the rights, obligations or interests of the “Employer”.

f. If the Consultant places itself in position of conflict of interest or fails to


disclose promptly any conflict of interest to the Employer.

g. If the consultant fails to provide the quality services as envisaged under


this Contract. The Consultancy Monitoring Committee (CMC) formulated
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 CMC may decide to give one chance to the consultant to
improve the quality of the services.

h. If, as the result of Force Majeure, the Consultant is unable to perform a


material portion of the Services for a period of not less than sixty (60)
days.

i. If the “Employer”, in its sole discretion and for any reason whatsoever,
decides to terminate this Contract.
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2.9.1.1 In such an occurrence the “Employer” shall give a not less than thirty (30)
days’ written notice of termination to the Consultants, and sixty (60) days’
in case of the event referred to in (h).

By the Consultant: The Consultant may terminate this Contract, by not less
than thirty (30) days’ written notice to the “Employer”, in case of the
occurrence of any of the events specified in paragraphs (a) through (d) of this
Clause GC2.9.2.

a. If the “Employer” fails to pay any money due to the Consultant pursuant
to this Contract and not subject to dispute pursuant to Clause GC 8 hereof
within forty-five (45) days after receiving written notice from the Consultant
that such payment is overdue.

b. If, as the result of Force Majeure, the Consultant is unable to perform a


material portion of the Services for a period of not less than sixty (60)
days.

c. Deleted

d. If the “Employer” is in material breach of its obligations pursuant to this


Contract and has not remedied the same within forty-five (45) days (or
such longer period as the Consultant may have subsequently approved in
writing) following the receipt by the “Employer” of the Consultant’s notice
specifying such breach.

Cessation of Rights and Obligations: Upon termination of this Contract


pursuant to Clauses GC 2.2 or GC 2.9 hereof, or upon expiration of this
Contract pursuant to Clause GC 2.4 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 obligationof
confidentiality set forth in Clause GC 3.3 hereof, (iii) the Consultant’sobligation
to permit inspection, copying and auditing of their accounts and records set
forth in Clause GC 3.6 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 2.9.1 or GC 2.9.2 hereof, the
Consultant 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

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purpose to a minimum. With respect to documents prepared by the Consultant


and equipment and materials furnished by the “Employer”, the Consultant shall
proceed as provided, respectively, by Clauses GC 3.9 or GC
3.10 hereof.

Payment upon Termination: Upon termination of this Contract pursuant to


Clauses GC2.9.1 or GC 2.9.2 hereof, the “Employer” shall make the following
payments to the Consultant:

a. If the Contract is terminated pursuant to Clause 2.9.1 (g), (h) or 2.9.2,


remuneration pursuant to Clause GC 6.3(h) (i)hereof for Services
satisfactorily performed prior to the effective date of termination, and
reimbursable expenditures pursuant to Clause GC 6.3(h)(ii) hereof for
expenditures actually and reasonably incurred prior to the effective date
of termination;

b. If the agreement is terminated pursuant of Clause 2.9.1 (a) to (f), the


consultant shall not be entitled to receive any agreed payments upon
termination of the contract. However, the “Employer” 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 the
Employer. Applicable Under such circumstances, upon termination, the
client may also impose liquidated damages as per the provisions of
Clause 9 of this agreement. The consultant will be required to pay any
such liquidated damages to client within 30 days of termination date.

Disputes about Events of Termination: If either Party disputes whether an


event specified in paragraphs (a) through (g) of Clause GC 2.9.1 or in Clause
GC 2.9.2 hereof has occurred, such Party may, within forty-five
(45) days after receipt of notice of termination from the other Party, refer the
matter to Clause GC 8 hereof, and this Contract shall not be terminated on
account of such event except in accordance with the terms of any resulting
arbitral award.

3. OBLIGATIONS OF THE CONSULTANT

General

Standard of Performance :The Consultant shall perform the Services and


carry out their obligations hereunder with all due diligence, efficiency and
economy, in accordance with generally accepted professional standards

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and practices, and shall observe sound management practices, and employ
appropriate technology and safe and effective equipment, machinery,
materials and methods. The Consultant shall always act, in respect of any
matter relating to this Contract or to the Services, as faithful adviser to the
“Employer”, and shall at all times support and safeguard the “Employer’s
legitimate interests in any dealings with Sub-Consultants or Third Parties.

Conflict of Interests :The Consultant shall hold the “Employer’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 Consultant
shall promptly disclose the same to the Employer and seek its instructions.

Consultant not to benefit from Commissions, Discounts, etc. :

a. The payment of the Consultant pursuant to Clause GC 6 hereof shall


constitute the Consultant’s only payment in connection with this
Contract and, subject to Clause GC 3.2.2 hereof, the Consultant 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 Consultant shall use its
best efforts to ensure that any Sub-Consultants, as well as the
Personnel and agents of either of them, similarly shall not receive any
such additional payment.

b. Furthermore, if the Consultant, as part of the Services, has the


responsibility of advising the “Employer” on the procurement of goods,
works or services, the Consultant shall comply with the Employer’s
applicable procurement guidelines, and shall at all times exercise such
responsibility in the best interest of the “Employer”. Anydiscounts or
commissions obtained by the Consultant in the exercise of such
procurement responsibility shall be for the account of the “Employer”.

Consultant and Affiliates Not to Engage in Certain Activities : The


Consultant agrees that, during the term of this Contract and after its
termination, the Consultant and any entity affiliated with the Consultant, as
well as any Sub-Consultants and any entity affiliated with such Sub-

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Consultants, shall be disqualified from providing goods, works or services


(other than consulting services) resulting from or directly related to the
Consultant’s Services for the preparation or implementation of the project.

Prohibition of Conflicting Activities :The Consultant shall not engage,


and shall cause their Personnel as well as their Sub-Consultants and 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.

Confidentiality :Except with the prior written consent of the “Employer”, the
Consultant and the 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 Consultant and its Personnel make public the recommendations
formulated in the course of, or as a result of, the Services.

Insurance to be Taken out by the Consultant : The Consultant (i) shall take out
and maintain, and shall cause any Sub-Consultants to take out and maintain
insurance, at their (or the Sub-Consultants’, as the case may be) own cost buton
terms and conditions approved by the “Employer”, insurance against the risks, and
for the coverage specified in the SC, and (ii) at the “Employer’s request, shall
provide evidence to the “Employer” showing that such insurance has been taken
out and maintained and that the current premiums therefore have been paid.

Accounting, Inspection and Auditing: The Consultant (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 “Employer” or its designated
representative and/or the Employer, and up to five 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 “Employer” or the Employer,
if so required by the “Employer” or the Employer as the case may be.

Consultant’s Actions Requiring “Employer’s Prior Approval: The Consultant


shall obtain the “Employer’s prior approval in writing before taking any of the
following actions:

(a) Any change or addition to the Personnel listed in Appendix C.

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(b) Subcontracts: the Consultant may subcontract work relating to the


Services to an extent and with such experts and entities as may be
approved in advance by the “Employer”. Notwithstanding such approval,
the Consultant shall always retain full responsibility for the Services. In the
event that any Sub-Consultants are found by the “Employer” to be
incompetent or incapable or undesirable in discharging assigned duties,
the “Employer” may request the Consultant to provide a replacement,
with qualifications and experience acceptable to the “Employer”, or to
resume the performance of the Services itself.

Reporting Obligations: The Consultant shall submit to the “Employer” thereports


and documents specified in Appendix B hereto, in the form, in thenumbers and
within the time periods set forth in the said Appendix. Final reports shall be
delivered in CD ROM in addition to the hard copies specified in said Appendix.

Documents Prepared by the Consultant to be the Property of the


“Employer”: All plans, drawings, specifications, designs, reports, other
documents and software prepared by the Consultant for the “Employer” under this
Contract shall become and remain the property of the “Employer”, and the
Consultant shall, not later than upon termination or expiration of this Contract,
deliver all such documents to the “Employer”, together with a detailed inventory
thereof. The Consultant may retain a copy of such documents, but shall not use
anywhere, without taking permission, in writing, from the Employer and the
Employer reserves right to grant or deny any such request. If license agreements
are necessary or appropriate between the Consultant and third parties for
purposes of development of any such computer programs, the Consultant shall
obtain the “Employer’s prior written approval to such agreements, and the
“Employer” shall be entitled at its discretion to require recovering the expenses
related to the development of the program(s) concerned.

Equipment, Vehicles and Materials Furnished by the “Employer”: Equipment,


vehicles and materials made available to the Consultant by the“Employer”, or
purchased by the Consultant wholly or partly with funds provided by the
“Employer”, shall be the property of the “Employer” and shall be marked
accordingly. Upon termination or expiration of this Contract, the Consultant shall
make available to the “Employer” an inventory of such equipment, vehicles and
materials and shall dispose of such equipment and materials in accordance with

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the “Employer’s instructions. While in possession of such equipment, vehicles and


materials, the Consultant, unless otherwise instructed by the “Employer” in writing,
shall insure them at the expense of the “Employer” in an amount equal totheir full
replacement value.

Equipment and Materials Provided by the Consultants: Equipment or


materials brought into the Government’s country by the Consultant and the
Personnel and used either for the Project or personal use shall remain the property
of the Consultant or the Personnel concerned, as applicable.

4. CONSULTANTS’ PERSONNEL AND SUB-CONSULTANTS

General: The Consultant shall employ and provide such qualified andexperienced
Personnel and Sub-Consultants as are required to carry out the Services.

Description of Personnel:

a. The title, agreed job description, minimum qualification and estimated period of
engagement in the carrying out of the Services of each of the Consultant’s Key
Personnel are as per the consultant’s proposal and are described in Appendix
C. If any of the Key Personnel has already been approved by the “Employer”,
his/her name is listed as well.

b. If required to comply with the provisions of Clause GC 3.1.1 hereof,


adjustments with respect to the estimated periods of engagement of Key
Personnel set forth in Appendix C may be made by the Consultant by
written notice to the “Employer”, 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 6.1(b) of this
Contract. Any other such adjustments shall only be made with the
“Employer’s written approval.

c. If additional work is required beyond the scope of the Services specified in


Appendix A, the estimated periods of engagement of Key Personnel set
forth in Appendix C may be increased by agreement in writing between
the “Employer” and the Consultant. In case where payments under this
Contract exceed the ceilings set forth in Clause GC 6.1(b) of this Contract,
this will be explicitly mentioned in the agreement.

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Approval of Personnel: The Key Personnel and Sub-Consultants listed by title


as well as by name in Appendix C are hereby approved by the “Employer”. In
respect of other Personnel which the Consultant proposes to use in the carrying
out of the Services, the Consultant shall submit to the “Employer” for review and
approval a copy of their Curricula Vitae (CVs). If the “Employer” 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 “Employer”.

Removal and/or Replacement of Personnel:

a. Except as the “Employer” may otherwise agree, no changes shall be


made in the Personnel. If, for any reason beyond the reasonable control
of the Consultant, such as retirement, death, medical incapacity, among
others, it becomes necessary to replace any of the Personnel, the
Consultant shall forthwith provide as a replacement a person of
equivalent or better qualifications.

b. If the “Employer” (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 of any
of the Personnel, then the Consultant shall, at the “Employer’s written
request specifying the grounds therefore, forthwith provide as a
replacement a person with qualifications and experience acceptable to
the “Employer”.

c. Any of the Personnel provided as a replacement under Clauses (a) and


(b) above, as well as any reimbursable expenditures (including
expenditures due to the number of eligible dependents) the Consultants
may wish to claim as a result of such replacement, shall be subject to
the prior written approval by the “Employer”. The rate of remuneration
applicable to a replacement person will be the rate of remuneration paid
to the replacement person. Also (i) the Consultant shall bear all additional
travel and other costs arising out of or incidental to anyremoval and/or
replacement, and (ii) the remuneration to be paid for anyof the Personnel
provided as a replacement shall not exceed the remuneration which
would have been payable to the Personnel replaced.

Resident Project Manager: If required by the SC, the Consultant shall ensure

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that at all times during the Consultant’s performance of the Services a resident
project manager, acceptable to the “Employer”, shall take charge of the
performance of such Services.

5. OBLIGATIONS OF THE “EMPLOYER”

Assistance and Exemptions: Unless otherwise specified in the SC, the


“Employer” shall use its best efforts to ensure that the Government shall:

a. Provide the Consultant, Sub-Consultants and Personnel with work permits


and such other documents as shall be necessary to enable the Consultant,
Sub-Consultants or Personnel to perform the Services.

b. Arrange for the Foreign Personnel to be provided promptly with all


necessary entry and exit visas, residence permits, exchange permits, and
any other documents required for their stay in India.

c. Issue to officials, agents and representatives of the Government all such


instructions as may be necessary or appropriate for the prompt and
effective implementation of the Services.

d. Provide to the Consultant, Sub-Consultants and Personnel any suchother


assistance as may be specified in the SC.

Change in the Applicable Law Related to Taxes and Duties : If, after the date
of this Contract, there is any change in the Applicable Laws of India with respect
to taxes and duties, which are directly payable by the consultant for providing the
services i.e. service tax or any such applicable tax from time to time, which
increases or decreases the cost incurred by the Consultant in performing the
Services, then the remuneration and reimbursable expenses otherwise payable to
the Consultant under this Contract shall be increased or decreased accordingly
by agreement between the Parties hereto, and corresponding adjustments shall
be made to the ceiling amounts specified in Clause GC 6.1(b).

Services, Facilities and Property of the “Employer”:

(a) The “Employer” shall make available to the Consultant and its Personnel, for
the purposes of the Services and free of any charge, the services, facilities and
property described in Appendix-E at the times and in the manner specified in said
Appendix E.

(b) In case that such services, facilities and property shall not be made available
to the Consultant as and when specified in Appendix E, the Parties shall agree

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on any time extension that it may be appropriate to grant to the Consultant for
the performance of the Services.

Payment: In consideration of the Services performed by the Consultant under this


Contract, the “Employer” shall make to the Consultant such payments and insuch
manner as is provided by Clause GC 6 of this Contract.

Counterpart Personnel: Deleted

6. PAYMENTS TO THECONSULTANT

Total Cost of the Services

a. The total cost of the Services payable is set forth in Appendix D as per
the consultant’s proposal to the Employer and as negotiated thereafter.

b. Except as may be otherwise agreed under Clause GC 2.6 and subject


to Clause GC 6.1(c), payments under this Contract shall not exceed the
amount specified in Appendix-D.

c. Notwithstanding Clause GC 6.1(b) hereof, if pursuant to any of the


Clauses GC 4.2 (c) or 5.2 hereof, the Parties shall agree that additional
payments shall be made to the Consultant in order to cover any
necessary additional expenditures not envisaged in the cost estimates
referred to in Clause GC 6.1(a) above, the ceiling or ceilings, as the case
may be, set forth in Clause GC 6.1(b) above shall be increased by the
amount or amounts, as the case may be, of any such additional
payments.

Currency of Payment: All payments shall be made in Indian Rupees. [In case the
payment is to be made in the currency other that Indian Rupees, the same shall
be mentioned instead of Indian Rupees]

Terms of Payment: The payments in respect of the Services shall be made as


follows :

a. The consultant shall submit the invoice on a monthly basis and as per
the milestone payment mentioned in the RFP document.. The payment
shall be released upon approval of the MPR by the concern CGMs.

b. Deleted

c. Final Payment: The final payment as specified in SC 12 shall be made


only after the final report and a final statement, identified as such, shall
have been submitted by the Consultant and approved as satisfactory by
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the “Employer”. The Services shall be deemed completed and finally


accepted by the “Employer” and the final report and final statement shall
be deemed approved by the “Employer” as satisfactory ninety (90)
calendar days after receipt of the final report and final statement by the
“Employer” unless the “Employer”, within such ninety (90) day period,
gives written notice to the Consultant specifying in detail deficiencies in the
Services, the final report or final statement. The Consultant shall
thereupon promptly make any necessary corrections, and thereafter the
foregoing process shall be repeated. Any amount, which the “Employer”
has paid or caused to be paid in accordance with this Clause in excess of
the amounts actually payable in accordance with the provisions of this
Contract, shall be reimbursed by the Consultant to the “Employer” within
thirty (30) days after receipt by the Consultant of notice thereof. Any such
claim by the “Employer” for reimbursement must be made within twelve
(12) calendar months after receipt by the “Employer” of a final report and
a final statement approved by the “Employer” in accordance with the
above.

d. For the purpose of payment under Clause 6.3 (b) above, acceptance
means; acceptance of the deliverables by the Employer after submission
by the consultant and the consultant has made presentation to the
CMC/Employer (Mention this if presentation is required) with /without
modifications to be communicated in writing by the Employer to the
consultant.

e. If the deliverables submitted by the consultant are not acceptable to the


Employer / CMC, reasons for such non-acceptance should be recorded
in writing; the Employer shall not release the payment due to the
consultant. This is without prejudicing the Employer’s right to levy any
liquidated damages under clause 9. In such case, the payment will be
released to the consultant only after it re- submits the deliverable, and
which is accepted by the Employer.

f. All payments under this Contract shall be made to the accounts of the
Consultant specified in the SC.

g. With the exception of the final payment under (c) above, payments do not
constitute acceptance of the Services nor relieve the Consultant of any
obligations hereunder, unless the acceptance has been
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communicated by the Employer to the consultant in writing and the


consultant has made necessary changes as per the comments /
suggestions of the Employer communicated to the Consultant.

h. In case of early termination of the contract, the payment shall be made to


the consultant as mentioned herewith:

i. Assessment should be made about work done from the previous


milestone, for which the payment is made or to be made till the
date of the termination. The consultant shall provide the details
of persons reasonably worked during this period with supporting
documents. Based on such details, the remuneration shall be
calculated based on the man month rate as specified.

ii. A reasonable assessment of the reimbursable and miscellaneous


expenses shall be made based on details furnished by the
consultant in this regard with supporting documents and based on
the assessment of the work done and the respective rates as
provided. Wherever such an assessment is difficult, the rates
should be arrived at by calculating the amount on pro-rata basis.
The total amount payable shall be the amount calculated as per
(i) and (ii) above plus any applicable tax.

7. FAIRNESS AND GOOD FAITH

Good Faith: The Parties undertake to act in good faith with respect to each other’s
rights under this Contract and to adopt all reasonable measures toensure 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, and that, if during the term of this Contract either Party believes that this
Contract is operating unfairly, the Parties will use their best efforts to agree on
such action as may be necessary to remove the cause or causes of such
unfairness, but no failure to agree on any action pursuant to this Clause shall give
rise to a dispute subject to arbitration in accordance with Clause GC 8 hereof.

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8. 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 of 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 30 days after receipt.

Deleted.

Deleted.

Deleted.

9. LIQUIDATED DAMAGES

The parties hereby agree that due to negligence of act of any party, if the other
party suffers losses, damages the quantification of which may be difficult, and
hence the amount specified hereunder shall be construed as reasonable estimate
of the damages and both the parties agree to pay such liquidated damages, as
defined hereunder as per the provisions of this Contract.

The amount of liquidated damages under this Contract shall not exceed 10 % of
the total value of the contract as specified in Appendix D.

The liquidated damages shall be applicable under following circumstances:

a. If the deliverables are not submitted as per schedule as specified in


Appendix- D of the Contract Agreement, the Consultant shall beliable
to pay @ 1% of fees pertaining to default deliverable per week,
subject to maximum of 10% of the total contract value.

b. If the deliverables are not acceptable to the Employer as mentioned in


Clause 6.3 (e), and defects are not rectified to the satisfaction of the
Employer within 30 days of the receipt of the notice, the Consultant shall
be liable for Liquidated Damages for an amount equal to 1% of total cost
of the services for every week or part thereof for the delay.

10. MISCELLANEOUS PROVISIONS:

i. “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.

ii. Any failure or delay on the part of any Party to exercise right or power under this

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Contract shall not operate as waiver thereof.

iii. The Consultant shall notify the Employer of any material change in their status, in
particular, where such change would impact on performance of obligations under
this Contract.

iv. Each member/constituent of the Consultant, in case of a consortium, shall be jointly


and severally liable to and responsible for all obligations towards the
Employer/Government for performance of works/services including that of its
Associates/Sub Contractors under the Contract.

v. The Consultant shall at all times indemnify and keep indemnified the Employer
against all claims/damages etc. for any infringement of any Intellectual Property
Rights (IPR) while providing its services under the Project.

vi. The Consultant shall at all times indemnify and keep indemnified the Employer
against any claims in respect of any damages or compensation payable in
consequences of any accident or injury sustained or suffered by its (the
Contractor’s/Consultant’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 Contractor/Consultant.

vii. The Consultant shall at all times indemnify and keep indemnified the Employer
against any and all claims by Employees, Workman, Contractors, sub-contractors,
suppliers, agent(s), employed engaged or otherwise working for the Contractor, in
respect of wages, salaries, remuneration, compensation or the like.

viii. All claims regarding indemnity shall survive the termination or expiry of the
Contract.

ix. 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 Consultant for any engagement, service or employment in any capacity in any
office or establishment of the Government of India or the Employer.

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II. Special Conditions of Contract:

Ref. of
SC Amendments of, and Supplements to, Clauses in the
GC
Clause General Conditions of Contract
Clause

1.5 The addresses are:


1. “Employer”: Odisha Industrial Infrastructure Development Corporation
(IDCO), IDCO Towers, Unit-9, Janpath, Bhubaneswar, Khurda, Odisha –
1. 751021.
Attention: Chief General Manager (P&C)
2. Divisional Head

2. 1.7 Deleted
1.8 The Authorized Representatives are:
For the “Employer”: CGM (P&C), IDCO
3.
For the Consultant:

2.1 1. Signing of Contract Agreement


4. 2. Employer’s notice to the Consultant instructing the Consultant to
begin carrying out the Services
5. 2.2 The time period shall be 21 days
6. 2.3 The time period shall be effective from date of commencement of contract
7. 2.4 The time period shall be 36 months from the date of commencement of
contract.
3.4 The risks and the insurance coverage shall be as follows: Third Party motor
vehicle liability insurance in respect of motor vehicles operated in the
Government’s country by the Consultant or its Personnel or any Sub-
Consultants or their Personnel, should be insured as per existing Motor
Vehicles Act;
(a) Third Party liability insurance, with a minimum coverage of INR Ten
Lakhs;
8.
(b) Professional liability insurance to cover the employer against any
loss suffered by the employer due to the professional service provided by
the Consultant, with a minimum coverage equivalent to consultancy value
of the assignment.

(c) Workers’ compensation insurance in respect of the Personnel of the


Consultant and of any Sub-Consultants, in accordance with the
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relevant provisions of the Applicable Laws of India, as well as, with respect
to such Personnel, any such life, health, accident, travel or other insurance
as may be appropriate and
(d) Insurance against loss of or damage to

(i) equipment purchased in whole or in part with funds provided under


this Contract,

(ii) the Consultant’s property used in the performance of the Services,


and

(iii) any documents prepared by the Consultant in the performance of


the Services, by theft, fire or any natural calamity.
4.5 The Team Leader will be the Resident Project Manager for this assignment
9.

5.1 Deleted
10.

11. 6.1 (b) The ceiling in local currency is INR XXXXXXXX Only
6.3 The employer shall approve Deliverables / Raise objections within 30 days
12.
of receipt of the Deliverables.
6.3 (f) The account details of Consultant are as follows:

1. For lump-sum contracts (i.e. INR XXXXXXXXXXXX only) payment will be


made1 based on milestones indicated for each activity as below:

Activities:

AND

2. For Time-Based Contracts


a) Deleted

1 GST shall be paid extra as applicable


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13. 8.3 No Arbitration

14. 10
10. Miscellaneous provisions:

i. “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.

ii. Any failure or delay on the part of any Party to exercise right or
power under this Contract shall not operate as waiver thereof.

iii. The Consultant shall notify the Employer of any material change in
their status, in particular, where such change would impact on
performance of obligations under this Contract.

iv. Each member/constituent of the Consultant, in case of a consortium,


shall be jointly and severally liable to and responsible for all
obligations towards the Employer for performance of works/services
including that of its Associates under the Contract.

v. The Consultant shall at all times indemnify and keep indemnified the
Employer against all claims/damages etc. for any infringement of
any Intellectual Property Rights (IPR) while providing its services
under the Project.

vi. The Consultant shall at all times indemnify and keep indemnified the
Employer against any claims in respect of any damages or
compensation payable in consequences of any accident or injury
sustained or suffered by its (the Consultant’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 Consultant.

vii. The Consultant shall at all times indemnify and keep indemnified the
Employer against any and all claims by Employees, Workman,
suppliers, agent(s), employed engaged or otherwise working for the
Consultant, in respect of wages, salaries, remuneration,
compensation or the like.

viii. All claims regarding indemnity shall survive the termination or expiry
of the Contract.

ix. It is acknowledged and agreed by all Parties that there is no

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representation of any type, implied or otherwise, of any absorption,


regularization, continued engagement or concession or preference
for employment of persons engaged by the Consultant for any
engagement, service or employment in any capacity in any office or
establishment of the Employer.

15. 11
(New Limitation of the Consultants’ Liability towards the “Employer”
Claus)
In case of gross negligence or willful misconduct on the part of the
Consultants or on the part of any person or firm acting on behalf of the
Consultants in carrying out the Services, the Consultants, with respect to
damage caused by the Consultants to the Client's property, shall not be liable
to the Client:
i) for any indirect or consequential loss or damage; and
ii) for any direct loss or damage;

A. For the amount not exceeding total payments for Professional Fees
and Reimbursable Expenditures made or expected to be made to
the Consultants hereunder OR
B. the proceeds, the Consultants may be entitled to receive from any
insurance maintained by the Consultants to cover such a
liability, whichever of (A) or (B) is higher.

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IV.
APPENDICS

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Appendix A: Description of the Services

Details as
per TOR

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Appendix B: Reporting Requirements

Please refer TOR

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Appendix C: Staffing Schedule

The Consultants Key personnel and all other Professional / Sub Professional / Support
Staff/Sub-Consultancy personnel shall work on all working days as per Government of
Odisha Calendar and as required by the client for completion of work. The Consultant shall
work as per the work program of the Contractor. In this context, in case the work plan of
the Consultant needs suitable modifications, the same shall be carried out and submitted
to the client for consideration. The Consultant hours of work normally shall match with that
of Contractor’s activities on the site. No extra remuneration shall be claimed or paid for
extra hours of work required in the interest of project completion.

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Appendix D: Total Cost of Services In

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Appendix E: Duties of the “Employer”

Please refer TOR

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Section 8

Procedure under E-Tendering

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Procedure to participate in online bidding- e-procurement

1. PARTICIPATING IN THE BID IN THE E-PROCUREMENT PORTAL:

The Contractor/Bidder intending to participate in the bid is required to register in the


Portal using his /her active personal/ official e-mail ID as his Login ID and attach his/her
valid Digital Signature Certificate (DSC) to his/her unique Login ID. The DSC used
must be of appropriate class (Class II or Class III) issued from a registered Certifying
Authority such as n-Code, Sify, TCS, MTNL etc. He/ She has to submit the relevant
information as asked for about the firm/ contractor. The portal registration of the bidder/
firm is to be authenticated by the State Procurement Cell after verification of original
valid certificates/ documents such as (i) PAN and (II) Registration Certificate (RC)/
GST Registration Certificate and GSTIN (for procurement of goods) of the concerned
bidder. The time period of validity in the portal is at par with validity of RC/ GST
Registration Certificate and GSTIN. Any change of information by the bidder is to be
re-authenticated by the State Procurement Cell. After successful authentication, bidder
can participate in the online bidding process.

Contractor not registered with Government of Odisha, can participate in the e-


procurement after necessary enrollment in the portal but have to subsequently register
themselves with the appropriate registering authority of the Sate Governmentbefore
award of the work as per prevalent registration norms of the State.

a) To log on to the portal the Contractor/Bidder is required to type his/her


username and password. The system will again ask to select the DSC and
confirm it with the password of DSC. For each login, a user’s DSC will be
validated against its date of validity and also against the Certificate Revocation
List (CRL) of respective CAs stored in system database. The system checks
the unique ID, password and DSC combination and authenticates the login
process for use of portal.
b) The tender documents uploaded by the Tender Inviting Officer in the website
https://tendersodisha.gov.in will appear ot the “Active Tenders” Section of the
homepage. Only a small notification will be published in the newspaper
specifying the work details along with mention of the specific website for details.
The publication of the tender will be for specific period of time till the last date
of submission of bids as mentioned in the ‘Invitation for Bid’ after

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which the same will be removed from the list of Active tenders. Any bidder can
view or download the bid documents from the web site.
c) Contractor exempted from payment of EMD will be able to participate in the
tender directly by uploading documentary evidences towards his eligibility for
such exemption.
d) The software application has the provision of payment of cost of tender
document through payment gateways of authorized bankers by directly
debiting the account of the bidders.

Furnishing scanned copy of such documents is mandatory along with the


tender documents otherwise his/her bid shall be declared as non-responsive
and thus liable for rejection. Bidders participating through Joint Venture shall
declare the authorized signatory through Memorandum of Understanding duly
registered and enroll in the portal in the name and style of the joint venture
company. It is mandatory that the DSC issued in the name of the authorized
signatory is used in the portal.
In the case of any failure, malfunction, or breakdown of the electronic system
used during the e-procurement process, the tender inviting officer shall not
accept any responsibility for failures or breakdowns other than in those systems
strictly within theirown control.
Any third party/company/person under a service contract for operation of e-
procurement system in the State or his/their subsidiaries or their parent
companies shall be ineligible to participate in the procurement processes that
are undertaken through the e-procurement system irrespective of who
operates the system.
For submission of Bids through the E-Procurement Portal, the bidder shall
upload the scanned copy/copies of document in prescribed format wherever
warranted in support of eligibility criteria and qualification information. The
online bidder shallhave to produce the original documents in support of the
scanned copies and statements uploaded in the portal before the specified
date as per DTCN.
Each bidder shall submit only one bid for one package. A bid is said to be
complete if accompanied by cost of bid document and appropriate bid security.
The system shall consider only the last bid submitted through the E-
Procurement portal.
The bidder may ask question related to tender online in the e-procurement
portal usinghis/her DSC, provided the questions are raised within the period of
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seeking clarification as mentioned in tender call notice/Bid. The Officer inviting
the Bid/ Procurement Officer- Publisher will clarify quarries related to the
tender.

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The details of drawings and documents pertaining to the works available with
the officer inviting the Bid as well as in the office of the Superintending
Engineer and Executive Engineer as mentioned in the Contract Data will be
open for inspection by the bidders. The bidder is required to download all the
documents for preparation of his bid. It is not necessary for the part of the
Bidder to up-load other Bid documents (after signing) while up-loading his
bid. He is required to upload documents related to his eligibility criteria and
qualification information and Bill of Quantities duly filled in. It is assumed that
while participating in the bid, the bidder has referred all the drawings and
documents. Seeking any revision of rates or backing out of the bid claiming
for not having referred to any or all documents provided in the Bid by the
Officer Inviting the Bid will be construed as plea to disrupt the bidding process
and insuch cases the bid security shall be forfeited.
Any addendum / corrigendum/ cancellation of tender shall be published in
thewebsite https://tendersodisha.gov.in, notice board and through paper
publication and such notice shall form part of the bidding documents.
The system generates a mail to those bidders who have already uploaded
their tenders and those bidders if they wish can modify their tenders. The
bidders are required to which the website till last date and time of bid
submission for any addendum/ corrigendum/ cancellation thereof. Tender
inviting authority is not responsible for communication failure of system
generated mail.

All the volumes/documents shall be uploaded / provided in the portal by the Officer inviting
the bid. The bidder shall carefully go through the document and prepare the required
documents and upload the scanned documents in Portable Document Formatto the
portal in the designated locations of Technical Bid. He will fill up the rates of items or
percentage in the BOQ downloaded for the work in designated Cell and up loads the same
in designated locations of Financial Bid. Bidders are to submit only the original BoQ
uploaded by publisher after entering the relevant fields without any
alteration/deletion/modification. Multiple BoQ submission shall lead to cancellation of bid.
In case of item rate tender, bidders shall fill in their rates other than Zero value in the
specified cells. In the percentage rate tender, the bidder quoting Zero value is valid and
will be taken as Schedule of Rates. Submission of document shall be effected by using
DSC of appropriate class.

2. PAYMENT OF EMD/ BID SECURITY AND COST OF BID DOCUMENTS:

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The Bidder shall furnish, as part of his Bid, a Bid security for the amount mentioned
under NIT/Contract Data in online mode. Non-submission of bid security within the

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designated period shall debar the bidder from participating in the on-line bidding
system and his portal registration shall be cancelled. His name shall also be informed
to the registering authority for cancellation of his registration.
The EMD will be 1,00,000.00/- including GST is to be paid online.
Deleted.
The tender accepting authority will verify the originals of all the scanned
documents of the successful lowest bidder only within 5 days of opening of the
tender (price bid). In the eventuality of failure on the part of the lowest
successful bidder to procedure the original documents, he will be debarred in
future from participating in tender for 3 years and will be blacklisted by the
competent authority. In such as situation, successful L-2 bidder will be
required to produce his original documents for consideration of his tender at
the negotiated rate equal to L1 bidder.
Contractor exempted from payment of EMD will be able to participate in the
tender directly by uploading documentary evidences towards his eligibility for
such exemption.
Government of Odisha has introduced e-payment gateway in to the portal for
payment of cost of Bid and Bid Security/ Earnest Money Deposit. The process
of using e- payment gateway is mentioned in the “Procedure for Electronic
receipt, accounting and reporting of Cost of Tender Paper and Earnest Money
Deposit on submission of bids”. .

3. FORMAT AND SIGNING OF BID:

(Logging to the Portal)-The Contractor/ Bidder is required to type his/her Login ID and
Password. The system will again ask to select the DSC and confirm it with the password
of DSC as a second stage authentication. For each login, a user’s DSC will be validated
against its date of validity and also against the Certificate Revocation List (CRL) of
respective CAs stored in system database.

The system checks the unique Login ID, Password and DSC combination and
authenticates the login process for use of portal.

The bidder can download the tender of his choice and save it in his system and undertake
the necessary preparatory work off-line and upload the completed tender at his
convenience within the final date and time of submission. The bidder shall only submit
single copy of the required documents and Price Bid in the portal. In the Financialbid, the
bidder cannot leave any figure blank. He has to only write the figures; the words
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will be self-generated. The Bidders are advised to upload the completed Bid document
well ahead of the last date & time of receipt to avoid any last moment problem of power
failures etc.

The Bidder shall go through the Bid carefully and list the documents those are
asked for submission. He shall prepare all documents including Declaration
form, price bid etc. and store in the system.
The bidder shall log on to the portal with his DSC and move to the desired
tender for uploading the documents in appropriate place one by one
simultaneously checking the documents. Once the Bidder makes sure that all
the documents have been up-loaded in appropriate place he clicks the submit
button to submit the bid to the portal.
The bids once submitted cannot be retrieved or corrected. Tender cannot be
pre- opened and cannot be submitted after due date and time. Therefore only
after satisfyingthat all the documents have been uploaded, the Bidder should
activate submit button.
In the e-procurement process each processes are time stamped. The system
canidentify each individual who has entered in to the portal for any bid and the
time of entering in to the portal.
The Bidder should ensure clarity of the document uploaded by him to the portal
especially the scanned documents by taking out sample printing. Non-
submission of legible documents may render the bid non-responsive.
However, the Officer inviting the Bid if so desires can ask for legible copies or
original copies for verification with in a stipulated period provided such
document in no way alters the Bidder’s price bid. If the Bidder fails to submit
the original documents with in the stipulated date, his bid security shall be
forfeited.

4. SUBMISSION OF BIDS:-

The bidder shall carefully go through the tender and prepare the required
documents. The bid shall have a Technical Bid and a Financial Bid. The
Technical bid generally consists of GSTIN, PAN, Registration Certificate,
Affidavits, Profit Loss statement, Joint venture agreement, List of similar
nature of works, work in hand, list of machineries and any other information
required by OIT. The Financial Bid shall consist of the Bill of Quantities (BOQ)
and any other price related information/ undertaking including rebates.
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Bidders are to submit only the original BOQ (in .xls format) uploaded by
Procurement Officer Publisher (Officer Inviting Tender) after entering the
relevant fields without any alteration/ deletion/ modification. Multiple BOQ
submission by bidder shall lead to cancellation of bid. In case of items rate
tender, bidders shall fill in their rates other than

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zero value in the specified cells without keeping it blank. In the percentage rate tender the
bidder quoting zero percentage is valid and will be taken at par with the estimated rate of
the work put to tender.
The bidder shall upload the scanned copy/ copies of document in support of
eligibility criteria and qualification information in prescribed format in Portable
Document Format (PDF) to the portal in the designated locations of Technical
Bid.
The bidder shall write his name in the space provided in the specified location
in the Protected Bill of Quantities (BOQ) published by the Officer Inviting
Tender. The bidder shall type rates in figure only in the rate column of
respective items(s) without any blank cell in the rate column in case of item
rate tender and type percentage excess or less up to two decimal place only in
case of percentage rate tender.
The bidder shall log to the portal with his/ her DSC and move to the desired
tender for uploading the documents in appropriate place one by one
simultaneously checking the documents.
Bids cannot be submitted after due date and time. The bids once submitted
cannot be viewed, retrieved or corrected. The Bidder should ensure
correctness of the Bid prior to uploading and take print out of the system
generated summery of submission to confirm successful uploading of bid. The
bids cannot be opened even by the OIT or the Procurement Officer Publisher/
opener before the due date and time of opening.
Each process in the e-procurement is time stamped and the system can
defect the time of log in of each user including the Bidder.
The Bidder should ensure clarity/ legibility of the document uploaded by him to the portal.
The system shall require all the mandatory forms and fields filled up by the
contractor during the process of submission of the bid/ tender.
The bidder should check the system generated confirmation statement on the
status of the submission.
The bidder should upload sufficiently ahead of the bid closure time to avoid
traffic rush and failure in the network.
The Tender Inviting Officer is not responsible for any failure, malfunction or
breakdownof the electronic system used during the e-procurement process.
The Bidder is required to upload documents related to his eligibility criteria
and qualification information and Bill of Quantity duly filled in. It is not
necessary for the part of the bidder to upload the drawing and the other Bid
documents (after signing) while uploading his bid. It is assumed that the
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bidder has referred all the drawings and documents uploaded by the Officer
Inviting the Bid.

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The Bidder will not be able to submit his bid after expiry of the date and time of
submission of bid (server time). The date and time of bid submission shall
remain unaltered even if the specified date for the submission of bids declared
as a holiday for the Officer Inviting the Bid.
The ‘Online bidder’ shall digitally sign on all statement’s documents, certificates
uploaded by him, owning responsibility for their correctness/ authenticity as per
IT ACT 2000. If any of the information furnished by the bidder is found to be
false/ fabricated/bogus, his EMD/BID Security shall stand forfeited and his
registration in the portal shall be blocked and the bidder is liable to be
blacklisted.
5. SECURITY OF BID SUBMISSION:

a. All bid data uploaded by the Bidder to the portal will be encrypted by the DSC of the
opener(s). The system shall require all the mandatory forms and fields filled upby
the contractor during the process of submission of the bid/tender.
b. The Bid shall be received in encrypted format by the system which can only be
decrypted / opened by the authorized openers only on or after the due date and
time.

6. DEADLINE FOR SUBMISSION OF THE BIDS :

6.1 The online bidding will remain active till the last date and time of the bid submission.
Once the date and time (Server date and time) is over, the bidder will not be able to
submit the bid. The date & time of bid submission shall remain unaltered even if the
specified date for the submission of bids declared as a holiday for the Officer inviting
the Bid.

7. RESUBMISSION AND WITHDRAWAL OF BIDS :

Resubmission of bid by the Bidders for any number of times before the
final dateand time of submission is allowed.
Resubmission of bid shall require uploading of all documents including
price bidafresh.
If the bidder fails to submit his modified bids within the pre-defined time of
receipt, the system shall consider only the last bid submitted.

8. LATE BIDS :
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8.1 The system shall reject submission of any bid through portal after closure of the receipt
time. For all purpose the server time displayed in the e-procurement portal shall be
the time to be followed by the bidder and concerned officers.

9. MODIFICATION AND WITHDRAWAL OF BIDS :

In the E-Procurement Portal, it is allowed to modify the bid any number of times
before the final date and time of submission. The bidder shall have to log on to
the system and resubmit the documents as asked for by the system including
the price bid. In doing so, the bids already submitted by the bidder will be
removed automatically fromthe system and the latest bid only will be admitted.
But the bidder should avoid modification of bid at the last moment to avoid
system failure or malfunction of internet or traffic jam or power failure. If the
bidder fails to submit his modified bids within the designated time of receipt,
the bid already in the system shallbe taken for evaluation.
In the E-Procurement Portal, withdrawal of bid is allowed. But in such case he
has to write a letter with appropriate reasons for his withdrawal addressed to
the Officer inviting the bid and up load the scanned document to portal in the
respective bid before the closure date and time of receipt of the bid. The
system shall not allow any withdrawal after expiry of the closure time of the
bid.

10. OPENING OF THE BID:

Bid opening date is specified during tender creation or can be extended with
corrigendum. This date is available in IFB, tender document as well as the
home page of portal. Bid opening can be done by the authorized users which
are defined during the tender publication / approval stage. The bids are
encrypted using there public keysand can be decrypted only on or after the Bid
Opening due date and time. The bid openers private key will be required to
open the bids and all the openers have to log on to the portal during that time.
The bidders who participated in the on line bidding can witness opening of the
bid from any system logging on to the portal with the DSC away from opening
place. Contractors are not required to be present during the bid opening at
the opening location if they so desire.

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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

Each activity is date and time stamped with user details. For time stamping,
server time is taken as the reference.
In the event of the specified date of bid opening being declared a holiday for the
Officer inviting the Bid/Engineer-in-Charge, the bids will be opened at the
appointed time on the next working day.
In case bids are invited for more than one package, the order for opening of
the “Bid” shall be that in which they appear in the “Invitation for Bid”.
The Bid openers; who have been pre-defined shall log on to the portal with
their respective DSC. Unless all the Officers who have been declared as
Opening officers, log on the portal with their DSC the Tender cannot be
opened.
In case of non-responsive tender the officer Inviting tender should complete
the e- Procurement process by uploading the official letter for cancellation/ re-
tender.

11. EVALUATION OF BIDS:-

All the opened bids shall be downloaded and printed for taking up evaluation.
The officer authorized to open the tender shall sign and number on each page
of the documents downloaded and furnish a certificate that “the documents
as availablein the portal containing nos. of pages”.
After opening of technical bid, the bidder may be asked in writing / online (in
their registered e-mail ID) to clarify on the uploaded documents provided in the
Technical Bid, if necessary, with respect to any doubts or illegible documents
required for Technical Evaluation. The Officer Inviting Tender may ask for any
other document of historical nature during Technical Evaluation of the tender.
Provided in all such cases, furnishing of any document in no way alters the
bidders price bid. Non- submission of legible documents may render the bid
non- responsive. The authority inviting bid may reserve the right to accept any
additionaldocument.
The bidders will respond in not more than 7 days of issue of the clarification
letter, failing which the bid of the bidder will be evaluated on its own merit
Immediately, on receipt of these clarifications, the Evaluating Officers;
predefined in the system for the bid, will finalize the list of responsive bidders.
They will log on to the site with their DSC and record their comments on the
Technical evaluation page in the system. The Officer Inviting the Bid if also the
accepting authority, shalllog on to the system with his digital signature and
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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha
check the technical evaluation. He can either accept or pass on to the
evaluating officers for re-evaluation. Upon

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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

acceptance of technical evaluation by the Accepting authority in the system, the


system shall automatically generate letter to all the responsive bidders and the
system shall forward the letter to all the responsive bidder that their technical bid has
been evaluated responsive with respect to the data/information furnished by him and
the letter shall also intimate him the date & time of opening of financial bid.The
system shall also inform the non-responsive bidders in their e-mail ID that theirbid
has been found non-responsive.
The Technical evaluation of all the bids shall be carried out up as per the
information furnished by the Bidders. But evaluation of the bid does not
exonerate the bidders from checking their original documents and if at a later
date the bidder is found to have misled the evaluation through wrong
information, action as per relevant clause of DTCN shall be taken against the
bidder/contractor.
The Procurement officer-Evaluators will evaluate bid and finalized list of
responsivebidders.
Opening of price bid and evaluation of lowest bidder is subject to satisfaction of
otherqualification information.
The financial bids of the technically responsive bidders shall be opened on the
due date of opening. The Procurement Officer-Openers shall log on to the
system in sequence and open the financial bids.
The Financial Bid will be opened on the notified date & time in the presence of
bidders or their authorized representative who wish to be present.
At the time of opening of “Financial Bid”, the names of the bidders whose
technical bids were found responsive will be announced and the bids of only
those bidders willbe opened. The remaining bids will be rejected.
The responsive bidders’ name, the bid prices, the item wise rates, the total
amount of each item in case the item rate tender and percentage above or
less in case of percentage rate tenders will be announced. Any discounts and
withdrawals, and such other details as the officer inviting the tender may
consider appropriate, will be announced by him or his authorized
representatives at the time of opening.
Rebate/discount offer if any uploaded to the system shall be declared and
recordedfirst.
The Financial bid of the bidders shall be opened one by one by the
designated officers. The system shall auto-generate the Comparative
statement.
The Bidder can witness the principal activities and view the
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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha
documents/summary reports for that particular work by logging on to the
portal with his DSC from anywhere.

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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

Procurement Officer-Openers shall sign on each page of the download BOQ


and theComparative Statement and furnish a certificate to that respect.
System provides an option to Procurement Officer Publisher for reconsidering
the rejected bid with the approval of concern Chief Engineer/ Head of
Department.

12. CLARIFICATION AND NEGOTIATION OF BIDS:

For examination, evaluation, and comparison of bids, the officer inviting the bid
may,at his discretion, ask the lowest bidder for clarification of his rates including
reductionof rate on negotiation and breakdowns of unit rates.
On opening of the price bid the system shall arrange the financial bids in order
of their value (L1 first, followed by L2, L3 ….) for subsequent evaluation. The
evaluation status (Sheet) will be visible to all the participating bidders after
openingon their respective logins. Each activity is recorded in the system with
date and time stamping.
13. NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT:

In the E-Procurement Portal, the system shall generate the template of award
letterand the Officer Inviting the Bid shall mention the amount of Performance
Security and additional security required to be furnished in the letter and
intimate the biddersin his email ID.
The Employer/ Engineer-in-Charge shall notify acceptance of the work prior to
expiry of the validity period by cable, telex or facsimile or e-mail confirmed by
registered letter. This letter of Acceptance will state the sum that the
Engineer-in- Charge will pay the contractor in consideration of execution and
completion of the works by the contractor as prescribed by the contract and
the amount of performance security and Additional Performance Security
required to befurnished. The issue of the letter of Acceptance shall be treated
as closure of the Bid process and commencement ofthe contract.
The Contractor after furnishing the required acceptable Performance Security
and Additional Performance Security, “Letter of Proceed” or “Work Order” shall
be issued by the Engineer-in-Charge with copy thereof to the Procurement
Officer- Publisher. The Procurement Officer-Publisher shall upload the
summery and declare theprocess as complete.
If the L1 bidder does not turn up for agreement after finalization of the tender
then he shall be debarred from participation in bidding for three years and
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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha
action will be

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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

taken to blacklist the contractor. Besides the consortium/ JV/firm where such an
agency/ firm already happens to be or is going to be a partner/ member/ proprietor
, he/ they shall neither be allowed for participation in bidding for three years nor
his/ their application will be considered for registration and action will be initiated to
blacklist him/ them. In that case, the L2 bidder, if fulfils other required criteria would
be called for drawing agreement for execution of work subject to condition that the
L2 bidder negotiates at par with the quoted y the L1 bidder, otherwise the tender will
be cancelled.
14. BLOCKING OF PORTAL REGISTRATION

If the registration Certificate of the contractor is cancelled/ suspended by the


registering authority/ blacklisted by the competent authority his portal
registration shall be blocked automatically on receipt of information to that
effect.
The portal registration blocked in the ground mentioned in the above Para- 11.1
shall be unblocked automatically in receipt of revocation order of cancellation/
suspension/ blacklisting from the concerned authority.
The Officer Inviting Tender shall make due inquiry and issue show cause
notice to the concerned contractor who in turn shall furnish his reply, if any,
within a fortnight from the date of issue of show cause notice. Thereafter the
Officer Inviting Tender is required to issue an intimation to the defaulting
bidder about his unsatisfactory reply and recommend to the Chief Manager
(Tech) for blocking of portal registration within 10 days of intimation to the
defaulting bidder regarding hisunsatisfactory reply with intimation to the
Registering Authority and concerned Chief Engineer/ Heads of Office if any of
the following provisions are violated.
Fails to furnish original Technical Documents before the designated officer
within the stipulated date and time.
Backs out from the bid on any day after the last date of receipt of tender till
expiryof the bid validity period (including till the extended bid validity period)
Fails to execute the agreement within the stipulated date.
If any of the information furnished by the bidder is found to be false/
fabricated/ bogus.
Accordingly the officer Inviting Tender shall recommended to the Chief
Manager (Tech) State Procurement Cell, Odisha for blocking of portal
registration of bidder and simultaneously action shall also be initiated by
OFFICER INVITING TENDER for blacklisting as per Appendix-XXXIV of
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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha
OPWD code Volume-II.

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RFP for Selection of Consultant cum Transaction Advisor for Operation, Management &
Development of Biju Patnaik Aerospace Centre at Dhenkanal, Odisha

The minimum period of blocking of Portal Registration shall in no case be less


than180 days.

DISCLAIMER

The Applicant must read all the instructions in the RFP and submit the same accordingly.

Sd/-
Chief General Manager (P&C)
Odisha Industrial Infrastructure Development Corporation
(IDCO)

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