Uttar Pradesh State Industrial Development Authority
Uttar Pradesh State Industrial Development Authority
Uttar Pradesh State Industrial Development Authority
for
appointment of program management consultant for providing
comprehensive Consultancy Services including preliminary report,
detailed project report, master planning, and transaction advisory for
Bulk Drug Park in Lalitpur Uttar Pradesh
July 2020
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SECTION 1: INSTRUCTION TO BIDDER & TERMS AND CONDITIONS:
1.1. Proposals are invited from reputed firms to provide consultancy services for appointment of
program management consultant for providing comprehensive Consultancy Services
including preliminary report, detailed project report, master planning, and transaction
advisory for Bulk Drug Park in Lalitpur in Uttar Pradesh
1.2. The bids are to be submitted through e-Tendering process using e-Tender Portal of Uttar
Pradesh (https://etender.up.nic.in) only as notified in this tender document.
1.3. The financial bid of only those bidders who are qualified in the technical bid fulfilling the
eligibility criteria and qualification shall be opened.
1.4. Aspiring bidders who are not registered with UP electronics corporation Ltd should register
themselves after obtaining user ID & password and then participate in e-Tendering.
1.5. Bidders can access tender documents on the e-Tender Portal i.e. etender.up.nic.in, fill them
and submit the completed tender document through e-Tender Portal.
1.6. Bidders should attach all the scanned copies of certificates pertaining to their eligibility
criteria, qualification information documents, attested from Notary failing which the bid will
not be considered. Physical documents submitted without uploading in e-Tender portal shall
not be considered for evaluation. The bidder shall upload the similar work done certificate
issued by the competent authority. Work done certificate issued from the Government,
Government undertaking Board, Authorities etc. shall be considered for technical bid
evaluation.
1.7. The work shall be commenced with all earnestness within 15 days from the date of issue of
work order, failing which it would be presumed that he is not interested in the work and
appropriate action will be taken to get the work done through alternate agency.
1.8. Corrigendum/Modifications/Corrections/Cancellation/Postpones/Clarifications/Extension
etc. if any, will be published in the website of Uttar Pradesh State Industrial Development
Authority as well as on etender.up.nic.in.
1.9. CEO, “Uttar Pradesh State Industrial Development Authority” reserves the right to
accept/reject any or all tender without assigning any reasons.
1.10. If any of the dates mentioned above is declared as holiday, the next working day will hold
good without any change in the timings indicated.
1.11. Even though the bidders meet the eligibility criteria, they are subjected to be disqualified if
they have:-
a) Made misleading or false representations in the forms, statements and attachments
submitted in proof of the qualification requirement and / or;
b) Record of poor performance such as abandoning the works, not properly completing the
contract, inordinate delays in completion, litigation history or financial failures, etc.,
c) Do not fulfil the minimum required experience of proposed key staff as mentioned in bid
document.
1.12. Financial bid for the work shall be unconditional. Conditional offers by bidders will be
rejected.
1.13. The financial bid shall be valid for a period of 90 days from the last date of submission of
bids.
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1.14. The rates shall be quoted for the whole work (including all components) as may be assigned
and shall be inclusive of all taxes/GST.
1.15. No advance/mobilization amount will be provided.
1.16. The whole field survey work, data processing and presentation of complete records and
maps shall be carried out within the time limit specified in the scope of work.
1.17. The decision of the CEO, Uttar Pradesh State Industrial Development Authority shall be final
and binding on the contracting firm/company in the matters of determination of quality
and quantity of work done, acceptance or otherwise of the work done.
CEO
Uttar Pradesh State Industrial Development Authority.
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2. SECTION 2. Information to Bidders
2.1. Introduction:
2.1.1. Uttar Pradesh State Industrial Development Authority is desirous of obtaining
comprehensive Consultancy Services including preliminary report, detailed project
report, master planning, and transaction advisory for Bulk Drug Park in Lalitpur in
Uttar Pradesh
2.1.2. The Bidders are invited to submit a Technical Proposal and a Financial Proposal to
provide “Appointment of program management consultant for providing
comprehensive Consultancy Services including preliminary report, detailed project
report, master planning, and transaction advisory for Bulk Drug Park in Lalitpur in
Uttar Pradesh” through competitive bidding.
2.1.3. The bidders must familiarize themselves with local conditions and accordingly taking
them into account in preparing the Proposal.
2.1.4. The department will provide the inputs specified in the data sheet and make available
relevant project data and reports.
2.1.5. Please note that (in) the costs of preparing the proposal and of negotiating the
contract, including a visit to the project site, are not reimbursable as a direct cost of
the assignment, and (ii) the department is not bound to accept any of the proposals
submitted without assigning any reason.
2.1.6. Consortium/Joint venture for executing the project is allowed. In case of consortium,
the Bidder consortium shall submit a valid agreement among the members. The
maximum number of members allowed in a consortium is three (3) including Lead
Member. Bidder must submit JV/Consortium agreement (notarized) clearly
mentioning role & responsibilities and stake of each member. Bidder/Consortium
members cannot be part of multiple bid individually or as a member of Consortium.
The Bidder in case of a single entity, or Lead Bidder, in case of a consortium, should
be a profit making entity in the last 3 years and also in case of a consortium all the
members should be profit-making in the last three years.
In the event the Consortium is declared as the selected Bidder and awarded the
Project, it shall incorporate a Joint Venture for entering into an agreement with the
Uttar Pradesh State Industrial Development Authority within 15 days of issue of letter
of award and for performing all its obligations as the Authorise in terms of the
agreement for the Project.
The lead bidder must have more than 50% stake (scope of work/ payment) in the
consortium and each member must have at least 10% stake. In case of consortium,
lead member should have all the requisite prequalification criteria as mentioned in
the document as mentioned in 2.3,2.
Lead bidder must be ultimately legally liable and responsible for all the negotiation
and discussion with the authority. The Uttar Pradesh State Industrial Development
Authority will only deal with the lead member of consortiums for all the purposes.
2.1.7. Ernest Money Deposit The Bidder are requested to submit EMD of INR 5,00,000.00
(Rupees Five Lakh Only) along with the Technical Bid.
a) Any tender not accompanied by an acceptable earnest money deposit and not
secured in the payment modes as indicated below shall be rejected by the
department as non-responsive.
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b) The earnest money deposit of unsuccessful tenderers will be returned within 30
days from the end of the tender validity period.
c) The earnest money deposit of the successful Tenderer will be discharged when
the bidder has signed the Agreement and furnished the required Performance
Security.
d) The Earnest Money Deposit may be forfeited:
i. If the bidder withdraws from the tender after bid opening during the
period of tender validity,
ii. In case of a successful bidder, if the Bidder fails within the specified time
limit to:
a. Sign the Agreement; or
b. Furnish the required Security deposit
e) The RFP/tender document cost of INR 10,000/- + 1800/- (G.S.T.) = Rs. 11800/-
(Rupees Eleven Thousands and Eight hundred only) is to be paid only using RTGS
in favour of RTGS/NEFT in favour of UPSIDC Ltd. payable at Kanpur (Bank Name
IDBI Bank, Branch- Mall Road, Kanpur A/c No. 0090102000040637 IFSC Code:
IBKL0000090). The bidder has to upload the transaction slip with UTR number
along with the bid.
f) The Bidder shall pay the Earnest Money Deposit (EMD) as FDR pledged into Uttar
Pradesh State Industrial Development Authority and upload the FDR receipt on e-
tender.
g) FDR receipt should reach the department prior to the date of opening of technical
bid.
h) The bidders bid will be evaluated only on confirmation of receipt of the payment.
2.1.8. Any entity which has been barred by the central Government, any state government,
a statutory authority or a public sector undertaking, as the case may be, from
participating in any project, and the bar subsists as on the date of proposal, would not
be eligible to submit a proposal either by itself or through its associate.
2.2. Modification
At any time before the submission of Proposals, the department may, for any reason,
whether at its own initiative or in response to a clarification requested by an interested firm,
modify the RFP documents by amendment. The amendment will be published in e-Tender
portal only. The department may at its discretion extend the deadline for the submission of
Proposals.
2.3. Preparation of Proposal
Technical Proposal
2.3.1. In preparing the Technical Proposal, bidders are expected to examine the documents
comprising this RFP in detail. Material deficiencies in providing the information
requested may result in rejection of a Proposal.
2.3.2. The minimum eligibility criteria for Bidder to be eligible for technical evaluation:
S.NO. Minimum Qualification Criteria Supporting document
1 The Sole Bidder or the Lead Bidder in case of a The bidder shall be required
JV/Consortium must have/shall open (on selection) an office to submit a true copy of its
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in India, and should be registered as private company Incorporation Certificate
incorporated in India under the (Indian) Companies Act along with Technical
1956/2013 or a company incorporated under equivalent law Proposal. In case of
abroad or Limited Liability Partnership (LLP) incorporated consortium, all members
under the Limited Liability Partnership Act 2008 or shall meet the above
equivalent act/law abroad. condition. A certificate of
incorporation and PAN Card
must be furnished with
technical proposal.
2 The sole bidder/Lead Bidder/Consortium member should
not have been blacklisted /debarred/termination of contract
by any Government / Government Board / Corporation /
Company/Statutory Body / PSU company/ Non-
Government/Private Agencies and Funding Agencies in the
last 10 years.
3 Experience in Master Planning, feasibility Study, Detailed Work Order along with
Project Report, selection of engineering and construction completion certificate
agency for integrated township/industrial area of not less
than 750 acres or two projects of 400 acres or 3 projects of
200 acres in India or abroad.
4 Average annual turnover of INR 100 Crores from consultancy Certificate from Statutory
services for last 3 financial years i.e. 2017-18, 2019-20, Auditor certifying
2019-20 the annual turnover
5 Should have a minimum Annual turnover of more than Rs. 50 Certificate from Statutory
Crores from Government Consulting Services in India in each Auditor certifying
of the last three financial years i.e. i.e. 2017-18, 2019-20, the annual turnover from
2019-20 Government
Consulting Services
• Only completed Projects will be eligible for evaluation.
2.3.3. The Technical Proposal should provide the information using the forms as mentioned
in section 8 and give the following:
a) A brief description of the firm and a list of recent experience on assignments (Section
8B of a similar nature.
b) Any comments or suggestions on the terms of reference and the data, services and
facilities to be provided by the client (section 8C), and a description of the
methodology (work plan) by which the firm proposes to execute the services,
illustrated, as appropriate, with bar charts of activities and graphics, or the Program
Evaluation Review Technique (PERT) type (Section 8D). The decision to consider the
suggestion is reserved with the client only.
c) The composition of the proposed staff team, the tasks that would be assigned to each
staff team member, and their duration (Section 8E).
d) CVs should be signed by the proposed professional staff and the authorized
representative submitting the proposal (Section 8F), Key information should include
number of years working for the firm/entity, and degree of responsibility held in
various assignments.
e) Estimates of the total staff effort (professional and support staff, staff duration) to be
provided to carry out the assignment supported by bar chart diagrams showing the
time proposed for each key staff team member (Sections 8G, 8H).
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f) Names of specific sub-selected bidders, consulting firms to carry out reconnaissance
survey, topographic survey, and total station survey, etc. to be indicated. Preference
will be given to the bidder if they have own survey team.
g) Equipment and Names of technical software to be specifically used for detailed
designs and drawings as per section 8J.
h) Any additional information requested in the data sheet.
2.3.4. The Technical Proposal shall not include any financial information.
Financial Proposal
2.3.5. The financial proposal shall be a lump sum quote inclusive of all expenses, GST, taxes,
duties, cess, all types of taxes etc., as applicable which will be the ceiling contract price.
However, the break-up of costs for arriving at the lump sum contract price shall be
submitted by the successful bidder before executing the agreement and same shall be
a part of agreement.
2.3.6. In preparing the Financial Proposal, Bidder are expected to take into account the
requirements and conditions of the RFP document. The lump sum fee shall be all
inclusive, containing all costs associated with the assignment, including (a)
remuneration for staff (foreign and local, in the field and at headquarters), and (b)
reimbursable such as subsistence (per diem, housing), transportation (international
and local wherever required, for mobilisation and demobilisation), services and
equipment (vehicles, office equipment, furniture, and supplies), office rent, insurance,
printing of documents and surveys, GST/all taxes, duties, levies and other impositions
imposed under the applicable law, on the bidder and their personnel unless the Data
Sheet specifies otherwise.
2.3.7. Commissions and gratuities, if any, paid or to be paid by Bidder and related to the
assignment will be specified in the financial proposal submission form.
2.3.8. Cost must be expressed, and will be paid, in the currency mentioned in the data sheet.
2.3.9. The Data Sheet shows for how many days after the submission date the proposals must
remain valid, during this period; bidder is expected to keep available the professional
staff proposed for the assignment. The department will make its best effort to complete
negotiations within this period. If the proposal validity period is extended, the Bidder
have the right not to maintain their Proposals.
2.3.10. An agreement in usual format shall be drawn up and entered into with the successful
bidder for the consultancy work entrusted to him on negotiated terms and conditions
within the stipulated time.
2.4. Submission of Bid
2.4.1. The Bidder shall submit the bids separately i.e., “Technical” and “Financial” electronically
online in e-Tender portal.
2.4.2. The last date for submitting bids electronically in e-Tender portal on or before as
mentioned in the e-Tender Portal.
2.4.3. Late Bids are not allowed
2.4.4. Modification: The bidder can modify his bid before the last date of submission of bids.
2.4.5. Withdrawal of Bids: The bidder can withdraw his bid before the last date of submission
of bids.
2.4.6. Bid Opening
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a) The Technical Bids will be opened on as mentioned in the e-Tender portal. In the
event of the announced date of bid opening being declared a holiday for the
department, the Bids shall be opened at the specified time and location on the next
working day.
b) Bid opening will be done online and after opening, the Bidders name, the list of
documents submitted by the bidder will be recorded by the department.
c) All the bidders may be called for technical presentation on a subsequent date to be
notified by the client.
d) After evaluation of the technical proposal, the financial bid of only those who are
assessed to be eligible shall be opened on a subsequent date to be notified by
department. Only Eligible bidders shall be invited to be present for the “Financial Bid”
opening.
e) Evaluation of the Eligibility of bidders shall be done independently by the
department.
2.5. Proposal Evaluation
General
2.5.1. Bidders shall not contact the department on any matter relating to their Proposal from
the time of opening of the Technical Proposal till the contract is awarded. If a firm wishes
to bring additional information to the notice of the client, it should do so in writing at the
address indicated in the Data Sheet as indicated in Clause no.9. Any effort by the firm to
influence the department in the department's Proposal evaluation, Proposal comparison
or contract award decisions may result in the rejection of the Bidder's Proposal.
2.5.2. Evaluators of Technical Proposals shall have no access to the Financial Proposals until
the technical evaluation is completed.
Evaluation of Technical Proposals
2.5.3. The Technical bids of only the firms satisfying the eligibility criteria will be evaluated
further.
2.5.4. The high level Evaluation Committee appointed by the department will carry out the
technical evaluation of Proposals on the basis of the following evaluation criteria and
points system. Each evaluated Proposal will be given a technical score
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Max
SN Technical Evaluation Criteria Supporting Document
Marks
The bidder should have average annual Turnover
from in last three financial years (Turnover in Rs. Extracts from the audited
Crore.) Balance sheet and Profit & Loss;
► ≥100 Crores &< 150 Crores: 6 Marks
1 ► ≥150 Crores &< 200 Crores: 7 Marks 10 Marks OR
► ≥200 Crores &<300 Crores: 8 Marks
► ≥300 Crores: 10 Marks Certificate from the statutory
auditor
All value in INR
The bidder should have experience in Land option,
feasibility Study, Master Planning, , Detailed
Work order + Completion
Project Report and project monitoring for
Certificates from the client;
integrated Industrial
Park/SEZ/Township/Estate/City/Area
OR
► ≥750 acre: 10 Marks/per project (max two
2 20 Marks
project)
Work Order + Self Certificate of
► ≥400 acre &< 750 acre: 6 Marks/project
Completion (Certified by the
(max three projects)
Statutory Auditor);
► ≥200 acre &<400 acres: 4 Marks/project
(max four projects)
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Pharmaceutical Expert ( 1 number)
Minimum 15 year
► 15 to 20 Year Experience (5 Marks)
► Above 20 Year Experience (10 Marks)
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Qualification of Professional Staff
Minimum
Post Minimum
Full Time Staff
Sl. No. Qualification Numbers Specific expertise
Required
Experience Required
Required
Should have Masters in
Architecture /Civil Engineering
/Urban Planning (preferably
Masters in Planning) with
1 Master Planner 12 years 1 experience of designing of large
integrated projects/townships &
cities/Industrial Cities/ industrial
parks/ industrial clusters/SEZ etc.
Should have Masters in
Infrastructure Planning/
Engineering with experience in
2 Infrastructure Expert 10 years 1 integrated infrastructure (roads,
drainage, water supply, Drainage,
sewerage, power,
telecommunication etc).
Should be an MBA (Finance) /
Economist with experience in
market study, demand & supply
assessment, project funding and
3 Finance/PPP Expert 10 Years 1 familiarity of various PPP
approach for project development
and implementation, financial
structuring of similar
infrastructure project.
Master in Environmental
Science or Engineering or
equivalent with experience in
environmental impact assessment,
4 Environment Expert 10 years 1
resettlement and rehabilitation,
environmental management plan,
sustainability and clean
development mechanism.
The Team proposed is minimum for marking purpose only. The bidder will need to deploy additional
resources as per the project requirement to meet the delivery timelines. The bidder will have to
deploy at least two resources onsite for project coordination and day to day activities.
Note: The Financial Bid of the technically qualified bidders who score at least 70 marks (technical
score) will only be opened.
2.6. Financial Bid Evaluation
The Bidder shall be selected on the basis of Quality cum Cost Based System (QCBS), whereby
Technical Proposal will be allotted weightage of 70% and Financial Proposal will be allotted
weightage of 30%. The Proposal with the lowest bid shall be given a financial score of 100 and the
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other proposals shall be given financial scores that are inversely proportionate to lowest Financial
Proposal as stated below. The total score, both technical and financial, shall be obtained by weighing
the quality and cost score and adding them up.
Financial Proposals of only those Applicants who scores at least 70% marks in Technical Proposal
evaluation shall be opened and evaluated as per financial evaluation criteria.
The Financial Proposals shall be given scores as follows:
Sf= 100X Fm/ Financial Proposal of Applicant under consideration
Fm: Lowest Financial Proposal
Sf: Financial Score
For selection of selected bidder, final ranking will be determined based on the combined total score
for each Bidder separately. This will be done by applying a weight of 0.70 (or 70%) and 0.30 (or 30%)
respectively to the technical and financial scores of each qualifying Proposal.
The Total Score of Technical Proposal and Financial Proposal shall be computed as follows:
Total Score = (Tm X 0.70) + (Sf X 0.30)
Tm : Technical Marks
Sf: Financial Score
a) The quoted price shall be in Indian Rupees.
b) All quoted prices shall be inclusive of all taxes/GST.
c) Any conditional financial bid would be summarily rejected.
Correction of Arithmetic Errors
Provided that the bid is substantially responsive, the competent Proposal Evaluation
Committee shall correct arithmetical errors on the following basis: -
If there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price shall be
corrected, unless in the opinion of the tendering authority (Uttar Pradesh State Industrial
Development Authority) there is an obvious misplacement of the decimal point in the unit
price, in which case the total price as quoted shall govern and the unit price shall be corrected;
If there is an error in a grand-total, corresponding to the addition or subtraction of sub-total,
the sub-total shall prevail and the grand-total shall be corrected; and
2.7. Award of Contract
The bidder scoring the highest score in the bid evaluation will be awarded with the contract.
The successful consulting firm is expected to commence the assignment by the date specified
in the data sheet.
2.8. Performance Guarantee & Performance Clause
2.8.1. Performance Guarantee:
Performance Guarantee for an amount equivalent to 10% of the contract amount of
the successful bidder (Total Consultancy fee charged for the complete work) is to be
given to Uttar Pradesh State Industrial Development Authority towards Performance
of the successful consulting firm. This Performance Guarantee shall be in the form of
Bank Guarantee issued by a Nationalized Bank / Scheduled Bank in the format to be
approved by Uttar Pradesh State Industrial Development Authority and shall be
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submitted at the time of executing the agreement which shall be valid for the total
project duration.
2.8.2. Performance Clause:
Bidder shall be expected to fully comply with all the provisions of the `Terms of
Reference‟, and shall be fully responsible for preparation of reports as per Terms of
Reference (ToR), keeping up the time schedule. Non-compliance of the provisions of
the Contract Agreement and other schedules by the Bidder, non-adherence to the
provision of ToR and non-adherence to the time schedule prescribed under ToR shall
amount to non-performance.
In the event of non-performance by the Bidder, Uttar Pradesh State Industrial
Development Authority will retain the right to forfeit the Performance Guarantee.
2.9. Data Sheet :
Sr.
Particulars Details
No.
1. RFP/ Tender Availability 06/08/2020 after 1100 HRS
2. Pre-Bid Meeting 13/08/2020 at 15:00 HRS
3. Last Date of Bid Submission 18/08/2020 at 1600 HRS
4. Technical Proposal Opening 19/08/2020 at 1100 HRS
5. Technical Presentation 19/08/2020 at 13:00 HRS
6. Financial Bid Opening 21/08/2020 at 11:00 HRS
7. Letter of Award 22/08/2020 at 11: 00 HRS
8. Start Date To be intimated to Selected Bidder
INR 10,000/- + 1800/- (G.S.T.) = Rs.
9. Cost of Tender (RTGS) 11800/- (Rupees Eleven Thousand and
Eight hundred only)
Earnest Money Deposit (EMD) in
10. INR 5,00,000 (Rupees five lakhs Only)
the form of FDR
11. Performance Bank Guarantee 10% of the Total Fee
12. Website for Tender Documents https://etender.up.nic.in
13. Method of Selection QCBS 70:30
Uttar Pradesh State Industrial
Development Authority
UPSIDA Complex, A-1/4 Lakhanpur
14. Contact Details
Kanpur-208024
Telephone: 0512-2582851, 2582852,
2582853
1.1. No inputs will be provided by the client except for available relevant data and reports
available with the department.
1.2. The language(s) to submit proposals is in English only
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The Bidder has to deploy other experts as per the project requirement as when required at the
project site.
The Technical Proposal should include:
i. Details of back up facilities available with them in respect of surveying facilities,
computer facilities and drafting assignments.
ii. The Composition of the proposed onsite and offsite team
iii. Details to demonstrate capacity to mobilize resources properly so as to complete the
assignment in time.
iv. Bidder will be called for Technical presentation in front of high level committee.
1.3. Taxes: All taxes shall be included in the offer.
1.4. The currency in which the proposals can be expressed and contract payments will be made
is: Indian Rupees.
All the quotations should be made in Indian Rupees only including all taxes/duties, GST etc.
with no escalation charge and the price bid should contain no conditions. Otherwise, the offer
may, at the discretion of Uttar Pradesh State Industrial Development Authority be rejected.
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SECTION 3: Terms of Reference
Background
► Drugs play a vital role in healthcare delivery in the country. Continuous supply of drugs is
necessary to ensure delivery of affordable healthcare to the citizens. Any disruption in supply
of drugs can have significant adverse impact on drug security of the country.
► Indian pharmaceutical industry is the 3rd largest in the world by volume and 14th largest in
terms of value. India contributes 3.5% of total drugs and medicines exported globally.
However, despite these achievements, India is significantly dependent on import of some of
the critical basic raw materials, viz., bulk drugs that are used to produce the finished dosage
formulations. India imports bulk drugs largely for economic considerations. Bulk drugs
accounted for 63% of the total pharmaceutical imports in the country during 20 18-19.
► Future growth of pharmaceutical sector is contingent upon our ability to ensure un-
interrupted supply of quality bulk drugs and our capacity to upscale their manufacturing
during emergency situations. Self-reliance in manufacturing of bulk drugs is, therefore, highly
desirable.
► With a view to significantly bring down the manufacturing cost of bulk drugs and thereby
increase the competitiveness of the domestic bulk drug industry by providing easy access to
standard testing & infrastructure facilities, a Scheme called "Promotion of Bulk Drug Parks"
has been approved by the Government of India on 20th March 2020.
► The Scheme has been notified vide Gazette notification no. - 31026/16/2020- Policy, dated - 2
1/07/2020.
Objective
► To promote setting up of bulk drug parks in the country for providing easy access to world
class Common Infrastructure Facilities (CIF) to bulk drug units located in the park in order to
significantly bring down the manufacturing cost of bulk drugs and thereby make India self-
reliant in bulk drugs by increasing the competitiveness of the domestic bulk drug industry.
► To help industry meet the standards of environment at a reduced cost through innovative
methods of common waste management system.
► To exploit the benefits arising due to optimization of resources and economies of scale.
Introduction
Government of Uttar Pradesh has nominated UPSIDA as State Implementation Agency for day to day
management of Bulk Drug Park. UPSIDA being a nodal organization invites proposal from reputed
organization for providing consultancy services as per the scope of work mentioned below.
Government of Uttar Pradesh has identified an area of approximately 2000 Acres at Lalitpur district
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Detailed Scope of Work
Part: 1
Preliminary Proposal as per Annexure 1 of the Guidelines of the Scheme “Promotion of Bulk
Drug Parks”
• Preparation of preliminary layout of the proposed site with proportionate land use
• Rough estimation of construction costs (based on some standard design of pharma parks),
operation and maintenance costs, costs on support infrastructure development and
infrastructure improvement in/around surrounding area, cost of R&R, etc. as part of its
preliminary financial analysis and appraisal of the Project.
• Projected land lease rate (annual rent per square meter in Rs.) to be offered to bulk drug
manufacturing units to be set up in the park.
• Preliminary assessment of the financial viability of the Project including impact of various
incentives being given in the Scheme of Bulk Drug park and pharma policy of Uttar Pradesh
• To provide an overview of the prevailing core physical infrastructure and natural resources
at/around site including connectivity with road/ports/rail/air & other urban centres and
markets. On basis of this assessment the study shall enlist the major/minor external and
internal infrastructure needed to make bulk Drug Park successful.
• Assessment of impact on infrastructure demand in terms of water, sewerage, power and
communications.
• Assessment of infrastructure needed to treat and/or recycle effluents/waste
water/sewage/solid waste or any pollutants released from the industrial units
• Study of sources of water to ensure uninterrupted supply to industrial units and adequate
augmentation of other utilities like electric supply, sewerage lines, storm water drainage,
steam, parking facilities, solid waste management etc.
• Recommendations on the necessary distribution and regulatory infrastructure to be created.
• Assessment report on Availability of technical manpower
o Specialised research institutes in Pharmaceutical sector with Number, Name, Address
and recognition status
o Medical, Bio-Technology and Pharmacy colleges- Number, Name, Address and
recognition status Institute recognised by concerned State or Central body only shall
be considered.
• Assessment report on number of Pharmaceutical and Auxiliary clusters in Uttar Pradesh:
o Pharmaceutical Clusters — Name and location of each cluster in the State
o Auxiliary units of chemicals used in pharmaceutical sector — Name and location of
approved units engaged in the manufacturing of pharmaceutical sector
• Locational analysis of the site that whether the land is in proximity to any of the eco sensitive
zone of protected area.
• Other work to be carried out w.r.t annexure 1 of the Scheme "Promotion of Bulk Drug Parks"
enclosed with the proposal.
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Part: 2
DPR, Master Planning, EIA, Appointment of Engineering, Procurement and Construction
Agency, Project and Construction Management
Master Planning
i. Uttar Pradesh State Industrial Development Authority shall take decision on the proposed
options suggested by the selected bidder for development of Integrated Sustainable Industrial
Township. selected bidder shall prepare the master plan for the selected area for
development of Integrated Sustainable Industrial Township
ii. The selected bidders shall plan the areas for each activity/ component like industrial,
residential, public, transportation, green areas, utilities, etc. based on accepted international
planning standards, proposed measures for augmentation of external linkages, for physical
and social infrastructure, protected zones and rehabilitation areas etc. selected bidder is
required to provide the draft planning specification for all the infrastructure requirements as
per the above.
iii. Propose new development norms for area such as land use, FAR, setback, building height etc.
iv. Master Plan should be prepared such that the Project will be a self-sustaining project with all
infrastructure facilities.
v. The selected bidder needs to study a broader perspective of the proposed area and through a
scientific analysis of various parameters, come up with recommendations on the final
delineation / boundaries of the Area in terms of districts / revenue blocks.
vi. Preparation of Base Map for the delineated Area containing important existing natural,
physical features, settlements, transportation and other infrastructure, ecologically sensitive
areas, on a GIS Platform/ satellite image. The categories of land uses, symbols and colours to
be used to depict various features/ facilities shall be as per National Urban Information
System (NUIS) guidelines/ Survey of India Sheets.
vii. Preparation of a layout master plan indicating proposed overall land use and provide details
of Area required for each land use type as a percentage of total area, Percentage of saleable
land for each land use type, Access Road System and Connectivity to various plots, Integration
with the external transport infrastructure such as Highways/ MRTS.
viii. Preparation of detailed plans for commercial, recreational and social infrastructure ensuring
requisite residential, educational, health care, social, commercial, recreational, allied urban
infrastructure facilities for development of Integrated Sustainable Industrial Township
ix. Selected bidder has to indicate for each infrastructure facility whether it will be developed
upfront, in total, in parts or in phases. The design service deliverables should conform to the
relevant guidelines and byelaws. Development within each plot is to be taken up individually
by the allottees and hence is excluded from the scope of work.
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x. Recommend development control guidelines and regulation for entire project as well as for
the plot level based on the standard planning norms or national/international best practices.
i. Topographic survey using total station equipment shall be conducted and a contour map shall
be prepared showing contour line drawn at an interval of 0.5m, it shall also indicate all the
prominent existing features such as roads, railway tracks, colonies, (independent houses also),
power lines, water bodies, farms, gardens, fields etc., Fences if found shall be marked. Few
reference stones shall be marked on the survey map and their level shall be enlisted (smaller
to larger scales). Providing and fixing of boundary stones at an interval of 50m and additionally
wherever bends occurs as per the directions of Engineer In charge.
ii. Block level survey of the area using latest technology shall be taken up to assess the
type/cost/feasibility of the acquisition/ resumption of land.
iii. Surveying the alignment of the roads, drains, water supply pipeline and others taking cross
sections at every 30m interval longitudinally and laterally at 5m intervals up to the road width.
Preparation of longitudinal section at every 30m interval and 5m intervals at CD works and
road intersections. Preparing L-section and Cross section of the roads taken at 30m intervals
etc.,
iv. Collection of copies for the acquired survey numbers from Revenue Uttar Pradesh State
Industrial Development Authority plotting the same and incorporating in the survey drawings
as per the sketch provided from \Land Acquisition Section.
v. Feasibility report on plot contiguous area of acquisition, acquisition rates, plot configuration
and sale price.
vi. All lands acquired for this project shall be clearly marked on Revenue (Village) Survey Maps
with Survey numbers, Part numbers, Structure details, Khata holder so that land acquisition
can be speedily proceeded.
vii. Survey of external infrastructure availability on the selected land, distance from the land
possibility & need of upgradation etc.
viii. Availability of specific infrastructure such as treatment plant in vicinity etc.
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The layout plan of the Industrial Area to be prepared as per the guidelines in conformity with
Town Planning Norms, The Industrial area layout plan shall be submitted along with line
estimate for comprehensive Development of the Industrial Area in hard and soft copies.
Adequate area for gardens, open spaces, civic amenities and common and specific facilities
shall be provided. There shall be a well-defined hierarchy of roads along with cross drainages,
storm water drains, culverts etc., with proper linkages to existing roads network which shall
meet the present-day traffic demands. The size of plots (and their percentage) shall be as per
the approved norms
The sites shall be numbered as per the latest street numbering procedure. The scheme shall
also have necessary water supply plan which includes details identifying the source of water
supply, estimation of water requirement, water supply pipeline network. It should also include
details of electrical supply, estimation of power requirements (internal, feeder lines,
substation, etc.,), Location & Design of CETP covering disposal of rejects if any. The design
should be based on pollution norms as per National Pollution Control Board, relevant IS codes,
guidelines and other relevant codes.
Suitable location for installing Effluent and sewage treatment plant shall be indicated in the
layout map & the suggested treatment for sewage if needed to be designed considering the
options:-
The reconnaissance survey shall cover the area through which alignment of Roads within
the Industrial Area would be fixed and shall form the basis for identification of the extent
of the field surveys. The following are to be done before detailed survey:
i. Reconnaissance Survey
iii. Selection of optimal alignment in consultation with Uttar Pradesh State Industrial
Development Authority
Inventory
A new inventory shall be established so that the following information is available.
ii. Trees (within ROW), No., Name of species and girth to be given
iii. Land use (agriculture, barren, built-up, village, urban) in ROW and adjoining area.
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iv. Utility lines, incl. type and location, each utility type to be marked out and shown including
presence of underground utility services.
vi. The inventory shall be presented in tabular format giving chainages and lengths of registered
features.
vii. Photographs representing typical issues and having a bearing on design should also be taken.
viii. Regular test pits shall be dug at the ROW at regular intervals as specified by IRC for finding
out the following.
a) Information about soil, vegetation, flooding and drainage pattern along the
Project Road and areas identified for industrial township/park.
b) All necessary hydrological and other data for storm water and sub-surface
drainage systems design;
The hydraulic investigations shall be carried out in accordance with relevant IRC
Standard and supplemented by other relevant sources of information. Hydraulic
calculations shall be made following these Guidelines in order to design CD works,
embankment heights, etc. to justify and provide the basis for the Preliminary
engineering design/checking of all crossings, drainage systems, retaining walls/stone
pitching including preliminary costing.
Soils Investigations
Test pits shall be dug along the alignment. The minimum distance within such sections
shall be 200 mts, but closer intervals shall be used where swelling soils and other
unsuitable soils appear to be present. Test pits shall be 1.5m x 1.5m and shall be dug to
1.5m depth. The soil strata shall be recorded, and samples taken at 1.0m depth shall be
tested as follows:
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• Test pits shall also be dug at locations where new CD works are to be provided.
Sampling and testing shall be as described above.
Preliminary Design
Based on the traffic studies, Right-of-way (ROW) and geotechnical investigations, the
selected bidder shall develop all possible preliminary designs and strip maps necessary
for the project.
iii. The selected bidder will design / suggest a methodology for treatment of effluent in line
with the requirements of CPCB, SPCB & various orders/expectations of NGT/SC.
iv. The selected bidder will analyse the type of effluents to be discharged and accordingly
propose the CETP/ZLD. The selected bidder should also analyse and propose the renewable
power sources for operation of the CETP/ZLD.
d) The selected bidder will make an assessment of the operating cost and
financial impact on allottees.
h) Analyse all data collected and all available field survey data.
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• Provision of roadside facilities, bus stops, bus bay, and other
facilities
• Storm water drain
• Rainwater harvesting
• STP/ CETP with wastewater management
• Solid waste management covering, collection and disposal
• Preparation of detailed drawings & estimates for all the above works
• Any other details required the project may also be worked out
• Details to be collected from the selected bidder in consultations with
the concerned authorities / personals and preliminary designs are
to be provided.
j) This will inter alia include:
ii. selected bidders must ensure that various plans/ schemes envisaged must be in
compliance with notified plans, policy and regulatory framework; and
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iii. Submitting 5 hard copies and one soft copy in MS Word and PDF format for reports,
MS-Excel/Spreadsheet for database/survey findings/analyses, AUTOCAD and PDF
format for drawings/plans, GIS file formats for spatial database.
iv. The selected bidder is required to procure at their own cost Satellite and aerial
Images wherever required.
v. Latest data of about 6 months recent prior to the date of award of project. In the event
of non- availability of such data, subsequent archive data would be considered while
keeping in view the other concerned aspects to ensure quality imagery.
f) All the intermediate and process output in both soft and hard copies to be
returned to the department in compatible GIS formats;
ii. The Consultant shall also assist the Authority in conducting public hearings and
addressing the comments and suggestions received during the EIA process with a view
to getting environmental clearance from the competent authority
Transaction advisory for selection of Engineering and construction agency
i. Preparation of bid documents such as EOI, RFQ, RFP and Concession Agreement for
projects proposed to be implemented on PPP/O&M/EPC or any other format; based on
review of the feasibility reports prepared for the project.
ii. Assistance in conducting pre-bid meetings, preparing responses to the queries etc.;
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vi. Assistance in preparation of reports outlining actual achievement levels vis-à-vis
planned development and interventions required for fast tracking projects;
Project Construction Management
V. Scope Management
VI. Cost Management
Note: Other Key Professionals and Other professional support staff will be deployed onsite
during the Project Construction Management, other resources will have to be made available
as per the requirement of the project to make .
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Section 4 : Payment Schedule
2.10. Payment schedule Part -1 of Scope of Work
Percentage of Time Line
total amount to be
Sl. No. Completion of Part of Scope/ Milestone released
* In case the timeline is not met 10% fee quoted will be deducted for every one day delay in submission
Note: In case the preliminary proposal is not approved by Government of India, UPSIDA reserve the right to
terminate the contract further. UPSIDA will pay the consultant for the milestone achieved and
accepted/approved by UPSIDA
2.11. Payment schedule Part -2 of Scope of Work
Sl. No. Completion of Part of Scope/ Percentage of total amount to Timeline
Milestone be released
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Release of Second Instalment from 20% of the Amount Quoted Part
7 Within X+8 months
GOI 2 of scope of work
Release of Third Instalment from 20% of the Amount Quoted Part
8 Within X+16 months
GOI 2 of scope of work
Release of Fourth Instalment from 20% of the Amount Quoted Part
9 Within X+24 months
GOI 2 of scope of work
Note:
a) The selected bidder is required to procure at their own cost Satellite and aerial Images wherever
required.
b) Latest data of about 6 months recent prior to the date of award of project. In the event of non- availability
of such data, subsequent archive data would be considered while keeping in view the other concerned
aspects to ensure quality imagery.
c) Selected bidders' responsibilities would include:
• Geo-referencing of satellite imageries;
• Procurement of satellite imageries;
• Sensor merging to get the merged product with higher resolution;
• Thematic Mapping and Quality Control;
• Preparation and submission of digital maps in ESRI file format;
• All the intermediate and process output in both soft and hard copies to be returned to the client in
compatible GIS formats;
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Section 5: Report and Deliverables
The Bidder shall submit reports both in hard and soft copies in English and in MS-WORD/MS-EXCEL/MS-
ACCESS format or any other standard format for GIS, Engineering and Architecture drawing mutually agreed.
Each of the reports will be presented to Uttar Pradesh State Industrial Development Authority as an audio-
visual presentation.
Deliverables
SN Deliverables
1 Preliminary Proposal
2 DPR
3 EIA report
4 Environment Clearance
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Section 6 : Information & Instructions to Bidders
2.12. Specific responsibilities of the bidder
The Bidder shall be fully responsible for collecting data and information from Government agencies.
All information, data and reports obtained from the Government agencies in the execution of the
services shall be properly reviewed and analysed by the Bidder. The responsibility for the
correctness of using such data shall rest with the Bidder. All such information, data and reports shall
be treated as confidential.
The Bidder shall be responsible for arranging necessary living accommodation, office facilities,
transportation, equipment supplies, surveys, investigations, testing, secretarial services and all
other input required for the purpose of the services.
The Bidder shall make his own arrangements for document reproduction, printing and reproduction
of all study reports during the course of the study.
2.13. Obligations of the Client
Liaison and Access
The Uttar Pradesh State Industrial Development Authority shall provide liaison with other
Government agencies and Uttar Pradesh State Industrial Development Authority s for the
introduction of the Bidder.
2.14. Terms and Conditions: Applicable Post Award of Contract
2.14.1. Termination Clause
a. Uttar Pradesh State Industrial Development Authority may, without prejudice to any other
remedy for breach of contract, by a written notice of default of at least 60 days sent to the
selected Bidder, terminate the Contract in whole or in part (provided a cure period of not less
than 90 days is given to the selected Bidder to rectify the breach):
i. If the selected Bidder fails to deliver any or all quantities of the Service within the time
period specified in the Contract, or any extension thereof granted by Uttar Pradesh
State Industrial Development Authority ; or
ii. If the selected Bidder fails to perform any other obligation under the Contract within
the specified period of delivery of service or any extension granted thereof; or
iii. If the selected Bidder, in the judgment of the Uttar Pradesh State Industrial
Development Authority is found to be engaged in corrupt, fraudulent, collusive, or
coercive practices in competing for or in executing the Contract.
iv. If the selected Bidder commits breach of any condition of the Contract
v. If Uttar Pradesh State Industrial Development Authority terminates the Contract in
whole or in part, amount of Performance Guarantee shall be forfeited.
2.14.2. Termination for Default
a. Uttar Pradesh State Industrial Development Authority may, without prejudice to any other
remedy for breach of contract, by a written notice of default of at least 60 days sent to the
selected Bidder, terminate the Contract in whole or in part(provided a cure period of not less
than 90 days is given to the selected Bidder to rectify the breach):
b. If the selected Bidder fails to deliver any or all quantities of the Service within the time period
specified in the Contract, or any extension thereof granted by Uttar Pradesh State Industrial
Development Authority ; or
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c. If the selected Bidder fails to perform any other obligation under the Contract within the
specified period of delivery of Service or any extension granted thereof; or
d. If the selected Bidder, in the judgment of the Uttar Pradesh State Industrial Development
Authority is found to be engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for or in executing the Contract.
e. If the selected Bidder commits breach of any condition of the Contract
f. If Uttar Pradesh State Industrial Development Authority terminates the Contract in whole or
in part, amount of Performance Guarantee shall be forfeited.
2.14.3. Termination for Insolvency
Uttar Pradesh State Industrial Development Authority may at any time terminate the Contract by
giving a written notice of at least 60 days to the selected Bidder, if the selected Bidder becomes
bankrupt or otherwise insolvent. In such event, termination will be without compensation to the
selected Bidder, provided that such termination will not prejudice or affect any right of action or
remedy that has accrued or will accrue thereafter to Uttar Pradesh State Industrial Development
Authority.
2.14.4. Termination for Convenience
a. Uttar Pradesh State Industrial Development Authority by a written notice of at least 60 days
sent to the selected Bidder, may terminate the Contract, in whole or in part, at any time for its
convenience. The Notice of termination shall specify that termination is for Uttar Pradesh State
Industrial Development Authority’s convenience, the extent to which performance of the
selected Bidder under the Contract is terminated, and the date upon which such termination
becomes effective.
b. In such case, Uttar Pradesh State Industrial Development Authority will pay for all the pending
invoices as well as the work done till that date by the selected bidder.
c. Depending on merits of the case the selected Bidder may be appropriately compensated on
mutually agreed terms for the loss incurred by the Contract if any due to such termination.
d. Limitation of Liability- In no event shall either party be liable for consequential, incidental,
indirect, or punitive loss, damage or expenses (including lost profits). The selected Bidder shall
not be liable to the other hereunder or in relation hereto (whether in contract, tort, strict
liability or otherwise) for more than the value of the fees to be paid (including any amounts
invoiced but not yet paid) under this Agreement.
2.14.5. Termination by Uttar Pradesh State Industrial Development Authority
a. The Uttar Pradesh State Industrial Development Authority may, by not less than 60 days‟
written notice of termination to the Technical Bidder, such notice to be given after the
occurrence of any of the events, terminate this Agreement if:
i. The selected Bidder fails to remedy any breach hereof or any failure in the
performance of its obligations hereunder, as specified in a notice of suspension, within
thirty (30) days of receipt of such notice of suspension or within such further period
as the Uttar Pradesh State Industrial Development Authority may have subsequently
granted in writing;
ii. The selected Bidder becomes insolvent or bankrupt or enters into any agreement with
its creditors for relief of debt or take advantage of any law for the benefit of debtors or
goes into liquidation or receivership whether compulsory or voluntary;
iii. The selected Bidder fails to comply with any final decision reached as a result of the
Dispute Resolution mechanism/proceedings.
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iv. The selected Bidder submits to the Uttar Pradesh State Industrial Development
Authority a statement which has a material effect on the rights, obligations or interests
of the Uttar Pradesh State Industrial Development Authority and which the selected
Bidder knows to be false;
b. Any document, information, data or statement submitted by the in its Proposals, based on
which the selected Bidder was considered eligible or successful, is found to be false, incorrect
or misleading; or As the result of Force Majeure, the selected Bidder is unable to perform a
material portion of the Services for a period of not less than sixty (60) days.
c. If the Uttar Pradesh State Industrial Development Authority would like to terminate the
Contract for reasons not attributable to the selected Bidder’s performance, they will need to
clear all invoices for the Services up to the date of their notice along with 1 month fee pro-rata
fee out of the total fee.
d. If the Uttar Pradesh State Industrial Development Authority would like to terminate the
Contract for reasons attributable related to the selected Bidder’s performance, the
government will give a rectification notice for 3 months to the selected bidder/ Advisor in
writing with specific observations and instructions.
2.14.6. Termination by the selected Bidder
a. The selected Bidder may, by not less than 60 days written notice to the Uttar Pradesh State
Industrial Development Authority such notice to be given after the occurrence of any of the
events, terminate this Agreement if:
i. Uttar Pradesh State Industrial Development Authority is in material breach of its
obligations pursuant to this Agreement and has not remedied the same within forty-
five (45) days (or such longer period as the Technical Selected bidder may have
subsequently agreed in writing) following the receipt by the Uttar Pradesh State
Industrial Development Authority of the selected Bidder’s notice specifying such
breach
ii. If there are more than 2 unpaid invoices and Uttar Pradesh State Industrial
Development Authority fails to remedy the same within 45 days of the submission of
the last unpaid invoice
iii. As the result of Force Majeure, the selected Bidder is unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or
iv. The Uttar Pradesh State Industrial Development Authority fails to comply with any
final decision reached as a result of the Dispute Resolution mechanism/proceedings.
v. Upon termination of this Agreement all pending payments due till the date of the
termination of the Contract will be made by Uttar Pradesh State Industrial
Development Authority to the selected Bidder within 30 days of the Contract
termination
2.14.7. Consequences of Termination
a. In the event of termination of the Contract due to any cause whatsoever, [whether consequent
to the stipulated term of the Contract or otherwise], Uttar Pradesh State Industrial
Development Authority shall be entitled to impose any such obligations and conditions and
issue any clarifications as may be necessary to ensure an efficient transition and effective
business continuity of the Service(s) which the Vendor shall be obliged to comply with and
take all available steps to minimize loss resulting from that termination/ breach, and further
allow the next successor Vendor to take over the obligations of the erstwhile Vendor in
relation to the execution/ continued execution of the scope of the Contract.
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b. Nothing herein shall restrict the right of Uttar Pradesh State Industrial Development Authority
to invoke the Uttar Pradesh State Industrial Development Authority Guarantee and other
guarantees, securities furnished, enforce the Deed of Indemnity and pursue such other rights
and/ or remedies that may be available Uttar Pradesh State Industrial Development Authority
under law or otherwise.
c. The termination hereof shall not affect any accrued right or liability of either Party nor affect
the operation of the provisions of the Contract that are expressly or by implication intended to
come into or continue in force on or after such termination.
6.1 Liquidated Damages
a. Notwithstanding Uttar Pradesh State Industrial Development Authority’s right to cancel the
order, Liquidated Damages (LD) for late delivery at 1% (One percent) of the undelivered
portion of order value per week will be charged for every week’s delay in the specified delivery
schedule subject to a maximum of 10% of the value of the contract. No Damage will be charged
in case of force measure beyond control of the Bidder.
b. Please note that the above LD for delay in delivery and delay in commissioning are
independent of each other and shall be levied as the case may be.
c. Uttar Pradesh State Industrial Development Authority reserve its right to recover these
amounts by any mode such as adjusting from any payments to be made by Uttar Pradesh State
Industrial Development Authority to the Bidder. Liquidated damages will be calculated on per
week basis.
d. The cumulative and aggregate limit of LD for delay in delivery and LD for delay in
commissioning would be limited to maximum of 10% of the total Professional Fee. The
aggregate liability of the selected bidder/ Advisor shall in no event exceed the total value of
the fee received under this Contract.
2.14.8. Dispute Resolution Mechanism
The Uttar Pradesh State Industrial Development Authority and the supplier shall make
every effort to resolve amicably by direct negotiations, any disagreement or dispute,
arising between them under supply order.
2.14.9. Notices
Notice or other communications given or required to be given under the Contract shall
be in writing and shall be e-mailed followed by hand-delivery with acknowledgement
thereof, or transmitted by pre-paid registered post or courier. Any notice or other
communication shall be deemed to have been validly given on date of delivery if hand
delivered & if sent by registered post than on expiry of seven days from the date of
posting.
2.15. Force Majeure
Force Majeure is herein defined as any cause, which is beyond the control of the selected
Bidder or Uttar Pradesh State Industrial Development Authority as the case may be which they
could not foresee or with a reasonable amount of diligence could not have foreseen and which
substantially affect the performance of the Contract, such as:
a. Natural phenomenon, including but not limited to floods, droughts, earthquakes and epidemics.
b. Acts of any government, including but not limited to war, declared or undeclared priorities,
quarantines and embargos.
c. Terrorist attack, public unrest in work area provided either party shall within 10 days from
occurrence of such a cause, notifies the other in writing of such causes. The Bidder or Uttar
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Pradesh State Industrial Development Authority shall not be liable for delay in performing his/
her obligations resulting from any force majeure cause as referred to and/ or defined above. Any
delay beyond 30 days shall lead to termination of Contract by parties and all obligations
expressed quantitatively shall be calculated as on date of termination. Notwithstanding this,
provisions relating to indemnity, confidentiality survive termination of the Contract.
Force Majeure shall not include any events caused due to acts/ omissions of such Party or result
from a breach/ contravention of any of the terms of the Contract, Proposal and/ or the Tender.
It shall also not include any default on the part of a party due to its negligence or failure to
implement the stipulated/ proposed precautions, as were required to be taken under the
Contract. The failure or occurrence of a delay in performance of any of the obligations of either
party shall constitute a Force Majeure event only where such failure or delay could not have
reasonably been foreseen, or where despite the presence of adequate and stipulated safeguards
the failure to perform obligations has occurred. In such an event, the affected party shall inform
the other party in writing within five days of the occurrence of such event. The Uttar Pradesh
State Industrial Development Authority will make the payments due for Services rendered till
the occurrence of Force Majeure. However, any failure or lapse on the part of the Selected Bidder
in performing any obligation as is necessary and proper, to negate the damage due to projected
force majeure events or to mitigate the damage that may be caused due to the above mentioned
events or the failure to provide adequate disaster management/ recovery or any failure in
setting up a contingency mechanism would not constitute force majeure, as set out above.
In case of a Force Majeure, all Parties will endeavour to agree on an alternate mode of
performance in order to ensure the continuity of Service and implementation of the obligations
of a party under the Contract and to minimize any adverse consequences of Force Majeure.
2.16. Failure to agree with Terms and Conditions of the RFP
Failure of the successful Bidder to agree with the Terms & Conditions of the RFP shall constitute
sufficient grounds for the annulment of the award, in which event Uttar Pradesh State Industrial
Development Authority may award the contract to the next best value Bidder or call for new
Proposals from the interested Bidders or invoke the PBG of the most responsive Bidder.
2.17. Deployment
The proposed team is required to work in close coordination with the department. Whenever
required, the proposed team has to follow the working hours, working days and Holidays of
Uttar Pradesh State Government/Uttar Pradesh State Industrial Development Authority .
2.18. Contract Performance Guarantee
a. Within 30 days after the receipt of notification of award of the Contract from the Uttar Pradesh
State Industrial Development Authority the successful Bidder shall furnish Performance
Guarantee for an amount equivalent to 10% of the contract amount of the successful bidder
(Total Consultancy fee charged for the complete work) is to be given to Uttar Pradesh State
Industrial Development Authority towards Performance of the successful consulting firm. This
Performance Guarantee shall be in the form of Bank Guarantee issued by a Nationalized Bank
/ Scheduled Bank in the format to be approved by Uttar Pradesh State Industrial Development
Authority. and shall be submitted at the time of executing the agreement which shall be valid
for the total project duration.
b. The proceeds of the performance guarantees shall be payable to the Purchaser as
compensation for any loss/ penalties resulting from the Suppliers failure to complete its
obligations under the Contract.
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c. The performance guarantee will be discharged by the purchaser and returned to the Supplier
within 60 days following the date of completion of the Suppliers performance obligations,
including any warranty obligations under the Contract if any.
2.19. Statutory Requirements
During the tenure of this Contract, nothing shall be done by the Selected Bidder in
contravention of any law, act and/ or rules/ regulations, there-under or any amendment
thereof governing inter-alia customs, stowaways, foreign exchange etc. and shall keep Uttar
Pradesh State Industrial Development Authority indemnified in this regard.
2.20. Contract administration
a. Either party may appoint any individual/organization as its authorized representative
through a written notice to the other party. Each Representative shall have the authority to:
i. Exercise all of the powers and functions of his/ her Party under this Contract, other
than the power to amend this Contract and ensure proper administration and
performance of the terms hereof; and
ii. Bind his or her Party in relation to any matter arising out of or in connection with this
Contract.
iii. The Selected Bidder shall be bound by all undertakings and representations made by
the authorized representative of the Selected Bidder and any covenants stipulated
hereunder, with respect to this Contract, for and on their behalf.
iv. For the purpose of execution or performance of the obligations under this Contract, the
Uttar Pradesh State Industrial Development Authority representative would act as an
interface with the nominated representative of the Selected Bidder. The Selected
Bidder shall comply with any instructions that are given by the Uttar Pradesh State
Industrial Development Authority representative during the course of this Contract in
relation to the performance of its obligations under the terms of this Contract and the
Tender.
v. A committee comprising of representatives from the Uttar Pradesh State Industrial
Development Authority and the Selected Bidder shall meet on a quarterly basis to
discuss any issues/ bottlenecks being encountered. The Selected Bidder shall draw the
minutes of these meetings and circulate to the Uttar Pradesh State Industrial
Development Authority.
2.21. Right of Monitoring, Inspection and Periodic Audit
The Uttar Pradesh State Industrial Development Authority reserves the right to inspect and
monitor/ assess the progress/ performance at any time during the course of the Contract, after
providing due notice to the Selected Bidder. The Uttar Pradesh State Industrial Development
Authority may demand, and upon such demand being made, the selected Bidder shall provide
with any document, data, material or any other information required to assess the progress of
the project. The Uttar Pradesh State Industrial Development Authority shall also have the right
to conduct, either itself or through any another selected bidder/ advisor as it may deem fit, an
audit to monitor the performance by the Selected Bidder of its obligations/ functions in
accordance with the standards committed to or required by the Uttar Pradesh State Industrial
Development Authority and the Selected Bidder undertakes to cooperate with and provide to
the Uttar Pradesh State Industrial Development Authority / any other Selected bidder/
Advisor/ Agency appointed by the Uttar Pradesh State Industrial Development Authority all
documents and other details as may be required by them for this purpose. Any deviations or
contravention identified as a result of such audit/ assessment would need to be rectified by
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the Selected Bidder failing which the Uttar Pradesh State Industrial Development Authority
may, without prejudice to any other rights that it may have, issue a notice of default.
2.22. Information Security
The Selected Bidder shall not carry and/ or transmit any material, information, layouts,
diagrams, storage media or any other goods/ material in physical or electronic form, which are
proprietary to or owned by the Uttar Pradesh State Industrial Development Authority out of
premises, without prior written permission from the Uttar Pradesh State Industrial
Development Authority .
The Selected Bidder shall, upon termination of this agreement for any reason, or upon demand
by Uttar Pradesh State Industrial Development Authority whichever is earliest, return any and
all information provided to the Selected Bidder by Uttar Pradesh State Industrial Development
Authority including any copies or reproductions, both hard copy and electronic.
2.23. Indemnity
The Selected Bidder shall execute and furnish to the Uttar Pradesh State Industrial
Development Authority a Deed of Indemnity in favour of the Uttar Pradesh State Industrial
Development Authority in a form and manner acceptable to the Uttar Pradesh State Industrial
Development Authority indemnifying Uttar Pradesh State Industrial Development Authority
from and against any costs, loss, damages, expense, claims including those from third parties
or liabilities of any kind how-so-ever suffered including patent, copyright, trademark and trade
secret, arising or incurred inter-alia during and after the Contract period out of:
a. Negligence or wrongful act or omission by the Selected Bidder or it’s team or any Agency/
Third Party in connection with or incidental to this Contract; or
b. Any breach of any of the terms the Selected Bidder’s Proposal as agreed, the Tender and
this Contract by the Selected Bidder, its Team or any Agency/ Third Party.
c. The indemnity shall be to the extent of Total Professional Fee in favour of the Uttar Pradesh
State Industrial Development Authority.
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3. Section 7: Technical Proposal
8A Technical proposal submission form
8B Bidders Firm’s References
8C Bidders Firm’s comments and suggestions on the Terms of Reference
8D Approach paper on methodology and work plan for performing the assignment.
8E Composition of the team and task(s) of each team member.
8F Curriculum vitae of proposed professional staff
8G Time schedule for professional personnel.
8H Activity (work) schedule.
8I Summary Sheet – Relevant Project Experience
8J Equipment and Names of Technical Software.
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8A. TECHNICAL PROPOSAL SUBMISSION FORM
[Location, Date]
To,
The CEO
Uttar Pradesh State Industrial Development Authority
Office Address
We, the undersigned, offer to provide comprehensive Consultancy Services including preliminary
report, detailed project report, master planning, and transaction advisory for Bulk Drug Park in
Lalitpur in Uttar Pradesh in accordance with your Request for Proposal dated [Date], and our Proposal.
We are hereby submitting our Proposal which includes this Technical Proposal, and a Financial
Proposal.
If negotiations are held during the period of validity of the Proposal, i.e. before [Date] we undertake to
negotiate on the basis of the proposed staff. Our Proposal is binding upon us and subject to the
modifications resulting from contract negotiations.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Bidder:
Address:
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8B. FIRM'S REFERENCES
Relevant Services carried out that best illustrate qualifications. Using the format below, provide
information on each reference assignment for which your firm/entity, either individually as a
corporate entity or as one of the major companies within an association, was legally contracted.
Name of Firm:
37
8C. BIDDER'S COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE
1.
2.
3.
4.
5.
38
8D. APPROACH PAPER ON METHODOLOGY AND WORK PLAN FOR PERFORMING THE
ASSIGNMENT
Please structure this text in a manner corresponding to the Scope of Work, as given in the Terms
of Reference.
39
8E. COMPOSITION OF THE TEAM PERSONNEL, AND TASK(S) OF EACH TEAM MEMBER
1.
2.
3.
4.
5.
40
8F. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF
1. Name:
2. Position:
2. Education:
4. Brief Profile
5. Countries of
Work
Experience
6. Languages
7. Representative
Projects
Nature of Work:
Year:
Location:
Company:
Position Held:
Main Features:
Activities Performed:
Nature of Work:
Year:
Location:
Company:
Position Held:
Main Features:
Activities Performed:
Name:
Signature:
41
8G. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
1 Subtotal (1)
2 Subtotal (2)
3 Subtotal (3)
4 Subtotal (4)
----
-
Title: ____________________________________
Address: _________________________________
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8H. ACTIVITY (WORK) SCHEDULE
Week
Sl. No. Item of Activity (Work)
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th …..th …..th
43
8I. SUMMARY SHEET - Relevant Project Experience
Remarks to
Prime / Value of Date of Actual date
Name of Description Stipulated explain any
Project sub- Contract issue of of
the of the period of delay in
Name selected for work completion
Employer Work completion completion
bidder applicant order (*)
of work
44
8J. Equipment & Name of Technical Software for use of Bidders only
2 Proposed Equipment’s……
3 Proposed Equipment’s….
4 Proposed Equipment’s…..
45
4. Section 9. Financial Proposal
9A. Financial Proposal submission form.
46
9A. FINANCIAL PROPOSAL SUBMISSION FORM
[Location, Date]
______________________
We, the undersigned, offer to provide the consulting services for providing comprehensive
Consultancy Services including preliminary report, detailed project report, master planning,
and transaction advisory for Bulk Drug Park in Lalitpur in Uttar Pradesh in accordance with
your Request for Proposal dated [Date], and our Proposal (technical and Financial Proposals).
Our attached financial proposal is for the sum of [Amount in words and figures].
Our financial proposal shall be binding upon us subject to the modifications resulting from
contract negotiations, up to expiration of the validity period of the Proposal, i.e., [Date].
We undertake that, in competing for (and, if the award is made to us, in executing) the above
contract, we will strictly observe the laws against fraud and corruption in force in India namely
“Prevention of Corruption Act 1988”.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of the Bidder:
Address:
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9B: FINANCIAL BID
1800 – 2000
1 Part 1- Preliminary Proposal
Acres
Total
* The area is tentative and payment will be made as per actual area analysed/approved by Uttar
Pradesh State Industrial Development Authority.
Note: Amount Quoted for Part 1 of the Scope of work should not be more than 2% of the Amount
Quoted for the Part 2 of the Scope of work as mention in the RFP above
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