Request For Proposal: Page 1 of 79
Request For Proposal: Page 1 of 79
Request For Proposal: Page 1 of 79
(TIDCO)
SELECTION OF CONSULTANT
FOR
DEVELOPMENT OF GREENFIELD AIRPORT
AT PARANDUR NEAR CHENNAI IN TAMIL NADU, INDIA
December, 2022
Managing Director
Tamil Nadu Industrial Development Corp. Ltd,
19-A, Rukmini Lakshmipathi Salai
Egmore, Chennai –600 008
Phone: 044-2855 4479/80
Page 1 of 79
TAMILNADU INDUSTRIAL DEVELOPMENT CORPORATION LTD
CIN-U65993TN1965SGC005327
The Government of Tamil Nadu has mandated Tamil Nadu Industrial Development Corporation
Limited (TIDCO) to select consultants for the development of a new GREENFIELD AIRPORT at
PARANDUR near Chennai in Tamil Nadu, India.
In this context, TIDCO invites proposals from the interested consultants for preparing Detailed
Techno Economic Report, for assisting in obtaining statutory clearances and assisting in
conducting bid process management for Proposed development Model for Greenfield Airport.
Interested Consultants can download the RFP document from the website www.tidco.com and
tntenders.gov.in. The Non-refundable Bid processing fee of Rs.25,000 (Rupees Twenty five
Thousand only) including GST in the form of Demand draft drawn in favour of Tamil Nadu
Industrial Development Corporation Ltd payable at Chennai shall be submitted at the time of
submission of Proposal. The Terms of Reference (ToR), pre-qualification criteria, evaluation
methodology and other terms and conditions are provided in the RFP.
MANAGING DIRECTOR
Tamilnadu Industrial Development Corporation Ltd
19-A, Rukmini Lakshmipathi Salai,
Egmore, Chennai – 600 008
Ph: 044 – 2855 4479/80
E-mail: cmd@tidco.com; Website: www.tidco.com
DIPR/1232/Tender/2022
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Disclaimer
i The information contained in this Request for Proposal document (“RFP”) or subsequently
provided to prospective 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 Bidders on the
terms and conditions set out in this RFP and such other terms and conditions subject to
which such information is provided.
ii This RFP is neither an agreement nor an offer by the Client to the prospective Bidders or
any other person. The purpose of this RFP is to provide interested parties with the
information that may be useful to them in the formulation of their Proposals (the
“Application”) pursuant to this RFP. This RFP includes statements, which reflect various
assumptions and assessments arrived at by the Client in relation to the Consultancy. Such
assumptions, assessments and statements do not purport to contain all the information
that each Applicant 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 Applicant 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. For the avoidance of
doubt, in case an Applicant places reliance on any aforesaid assumptions, assessments,
statements, data and information furnished by the Client and/or its consultants, in this RFP
or under any project report etc. then the same shall not in any manner bind/make liable
the Client and/or its consultants, employees or representatives, to indemnify the Applicant
in respect of any loss/damage/costs whatsoever arising out of or in connection with such
reliance placed by the Applicant on the aforesaid assumptions, assessments, statements,
data and information.
iii Information provided in this RFP to the Bidders may be on a wide range of matters, some
of which may depend upon interpretation of law. The information given is not intended to
be 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.
iv The Client, its employees, consultants and advisers make no representation or warranty
and shall have no liability to any person including any Applicant 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 this Selection Process.
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v The Client also accepts no liability of any nature whether resulting from negligence or
otherwise, howsoever caused, arising from reliance of any Applicant upon the statements
contained in this RFP.
vi 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.
vii The issue of this RFP does not imply that the Client is bound to select Bidder or to appoint
the Selected Bidder, as the case may be, for the Consultancy Services and the Client
reserves the right to reject all or any of the Proposals without assigning any reasons
whatsoever. In addition, the client reserves the right to suspend after contract award. In
the event of a court stay, arbitration, etc.
viii The possession or use of this RFP in any manner contrary to any applicable law is expressly
prohibited. The Bidder shall inform themselves concerning, and shall observe any
applicable legal requirements. The information does not purport to be comprehensive or
to have been independently verified. Nothing in this RFP shall be construed as legal,
financial or tax advice.
ix 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
be liable in any manner whatsoever for the same or for any other costs or other expenses
incurred by the Bidder in preparation or submission of the Proposal, regardless of the
conduct or outcome of the Selection Process.
x The Bidders are prohibited from any form of collusion or arrangement in an attempt to
influence the selection and award process of the Proposal. Giving or offering of any gift,
bribe or inducement or any attempt to any such act on behalf of the Bidder towards any
officer/employee/ advisor/ representative of the Client or to any other person in a position
to influence the decision of the Client for showing any favour in relation to this RFP or any
other contract, shall render the Bidder to such liability/penalty as the Client may deem
proper, including but not limited to rejection of the Proposal of the Bidder and forfeiture
of its Bid Security
xi Laws of the Republic of India are applicable to this RFP.
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TABLE OF CONTENTS
CONTENTS PAGE NO
SECTION 1 - LETTER OF INVITATION 7
SECTION 2 – DATA SHEET 8
SECTION 3 - INSTRUCTIONS TO BIDDERS 9
1. GENERAL 9
2. CLARIFICATION AND AMENDMENT TO RFP DOCUMENTS 12
3. PREBID MEETING 12
4. PREPARATION OF PROPOSAL 12
5. NEGOTIATIONS 19
6. SUBSTITUTION OF KEY PERSONNEL 19
7. AWARD OF CONTRACT 20
8 CONFIDENTIALITY 21
9. FRAUD AND CORRUPT PRACTICES 21
10. DISPUTE RESOLUTION 22
11. FORCE MAJEURE 23
12. LIQUIDATED DAMAGES 23
13. CONDITIONS OF TERMINATION OF THE CONTRACT 23
14. MISCELLANEOUS 24
SECTION 4 25
ELIGIBILITY CRITERIA AND EVALUATION METHODOLOGY 25
SECTION 5 31
TERMS OF REFERENCE 31
1.PREAMBLE 31
2.OBJECTIVE 31
3.SCOPE OF WORK 32
4. DELIVERABLES AND PAYMENT TERMS 42
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SECTION 6 - TECHNICAL AND FINANCIAL PROPOSAL SUBMISSION FORM AND 44
STANDARD FORMS
6A. TECHNICAL PROPOSAL SUBMISSION FORM 45
6B. FORMAT FOR POWER OF ATTORNEY FOR AUTHORIZED SIGNATORY 48
6C. FORMAT FOR POWER OF ATTORNEY FOR LEAD MEMBER OF CONSORTIUM 50
6D. FORMAT FOR JOINT BIDDING AGREEMENT 53
6E. FORMAT FOR INFORMATION ABOUT BIDDERS/CONSULTANCY FIRM 57
6F. FORMAT TO DEMONSTRATE TECHNICAL ELIGIBILITY 59
6G. FORMAT FOR PROVIDING EXPERIENCE OF THE CONSULTANT FOR TECHNICAL 60
EVALUATION
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SECTION 1
LETTER OF INVITATION
………. .2022
Madam / Sir,
Government of Tamil Nadu has mandated Tamil Nadu Industrial Development
Corporation Limited (TIDCO) (hereby termed as “Client”) to select a consultant for the
development of a Greenfield Airport at PARANDUR near Chennai in Tamil Nadu.
In this context TIDCO intends to invite proposals from the interested consultants for preparing
Detailed Techno Economic Report, for assisting in obtaining statutory clearances and assisting in
conducting bid process management for proposed Development Model for Greenfield Parandur
Airport (“Assignment”).
The RFP includes the following sections:
Section 1 - Letter of Invitation
Section 2 - Data Sheet
Section 3 - Instructions to Consultants
Section 4 - Minimum Qualification Criteria and Evaluation Process
Section 5 - Terms of Reference
Section 6 - Technical and Financial Proposal Submission Forms and Standard Forms
The detailed scope of services is provided in the Terms of Reference. We request you to kindly
submit the proposals duly completed as per this RFP on or before 3.00 PM on 06.01.2023.
Thanking you,
Yours sincerely,
Managing Director
Tamil Nadu Industrial Development Corporation Limited
19-A, Rukmini Lakshmipathi Salai,
Egmore, Chennai – 600 008
Ph: 044 – 2855 4029 Fax: 044 – 2855 3729
E-mail: cmd@tidco.com; Website: www.tidco.com
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SECTION 2
DATA SHEET
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SECTION 3
INSTRUCTIONS TO BIDDERS
1. GENERAL
1.1 The Client will select a consultant from among those who responded to the Letter of
Invitation, in accordance with the method of selection indicated in the Data Sheet. The
detailed description of the objectives, scope of services, deliverables and other
requirements relating to this consultancy are specified in this RFP. The consultant, for
participation in the selection process, may be a single entity or a group of entities (a
“Consortium” where the number of members in a consortium shall not exceed 3 (three)),
coming together to execute the assignment. The term consultant means the Single Entity
or the Consortium, as the case may be. The manner in which the proposal is required to
be submitted, evaluated and accepted is explained in this RFP.
1.2 The Bidder should submit a Power of Attorney as per the format specified in Section 6B,
authorising the signatory of the Bidder to sign and submit the Application and Bid.
1.3 In case of Consortium, the consultants who form part of the consortium shall not be
allowed to bid for the project individually. Further, one party cannot be a part of more
than one consortium. It is explicitly declared that such bids will be treated as non-
responsive, and shall not be considered for the project; and the bid security of both the
consortiums shall be forfeited.
1.4 The Team Leader must be from the Lead Member of the Consortium. Minimum
Qualification Criteria for Technical experience (one project) as refer the sl. no. 2 (a) under
clause 1.1 of Section – 4 shall be satisfied by the Lead member and Financial Eligibility
should be satisfied collectively by the consortium members.
1.5 In case of Consortium, it shall comply with the following additional requirements:
i. Number of members in a consortium shall not exceed 3 (three).
ii. The Proposal/Application should contain the information required for each member of
the Consortium; The Application should include a brief description of the roles and
responsibilities of individual members.
iii. Members of the Consortium shall nominate one member as the lead member (the “Lead
Firm”). The nomination(s) shall be supported by a Power of Attorney, as per the format
in this RFP, signed by all members of the Consortium.
iv. Members of the Consortium shall enter into a binding “Joint Bidding Agreement”, for the
purpose of submitting a Proposal. The Joint Bidding Agreement is to be submitted along
with the Application. The duties, responsibilities and powers of Lead firm and each firm
shall be specifically included in the Joint Bidding Agreement. It is expected that the Lead
Firm would be authorised to incur liabilities and to receive instructions and payments for
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and on behalf of the Consortium. The Client expects that Lead Firm should have maximum
responsibility pertaining to execution of the Assignment.
v. No change in the composition of the Consortium will be permitted by the Client during
the Selection Process and during the subsistence of the contract (in case the successful
bidder is a consortium).
1.6 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, with the bar subsisting as on the date of the Proposal Submission Date,
would not be eligible to submit a Proposal either by itself or through its Associate. For
purposes of this RFP, Associate, in relation to the Bidder, means a company in which that
Bidder has a significant influence, but which is not a subsidiary company of the company
having such influence and includes a joint venture company. The expression “ significant
influence” means control of at least twenty percent of total voting power, or control of or
participation in business decisions under an agreement; and the expression “ Joint
venture” means a joint arrangement whereby the parties that have joint control of the
arrangement have rights to the net assets of the arrangement;”
1.7 A Consultant or its Associate should have, during the last 3 (three) years, neither failed to
perform on any agreement, as evidenced by imposition of a penalty by an arbitral or
judicial authority or a judicial pronouncement or arbitration award against the Consultant
or its Associate, nor been expelled from any project or agreement nor have had any
agreement terminated for breach by such Consultant or its Associate.
1.8 The consultants are invited to submit a Technical Proposal and a Financial Proposal, as
specified in the Data Sheet for consulting services required for the assignment named in
the Data Sheet. The Proposal will be the basis for contract negotiations and ultimately for
a signed contract with the selected Consultant.
1.9 The Consultants must familiarise themselves with local conditions and take them into
account in preparing their Proposals. To obtain first-hand information on the Assignment
and on the local conditions, consultants are encouraged to pay a visit to the Client before
submitting a Proposal, and to attend a pre-bid meeting if one is specified in the Data
Sheet. Attending the pre-bid meeting is optional. The Consultant's representative should
contact the official named in the Data Sheet to arrange for their project site visit or to
obtain additional information on the pre-bid meeting. Consultants should ensure that
their officials are advised of the visit adequately in advance to allow them to make
appropriate arrangements.
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1.10 Please note that the costs of preparing the proposal and of negotiating the contract,
including a visit to the sites & Client, are not reimbursable as a direct cost of the
Assignment.
1.11 RFP document can be downloaded from the website www.tidco.com and
tntenders.gov.in. The Non-refundable Bid processing fee of Rs.25,000 (Rupees Twenty
five Thousand only) including GST in the form of Demand draft drawn in favour of Tamil
Nadu Industrial Development Corporation Ltd payable at Chennai shall be submitted
along with their Proposal.
1.12 A Bid Security(EMD) for an amount of Rs.5,00,000/- (Rupees Five Lakhs only) in the form
of a Crossed Demand draft payable at Chennai drawn in favour of “Tamilnadu Industrial
Development Corporation Ltd.” from any Scheduled bank shall be submitted along with
the Original Proposals. Proposals not accompanied by Bid Security will be treated as non
- responsive and will be liable to be rejected summarily. Bid Security of the successful
bidder will be returned upon receipt of the Performance Security. The Bid Security of the
unsuccessful bidders will be returned within two weeks of completion of the selection
process. The Client shall not be liable to pay any interest on the Bid Security and the same
shall be interest free.
1.13 The Bidder, by submitting its Application pursuant to this RFP, shall be deemed to have
acknowledged that without prejudice to the Client’s any other right or remedy hereunder
or in law or otherwise, the Bid Security may be forfeited and appropriated by the Client
for damages payable to the Client for, inter alia, the time, cost and effort of the Client in
regard to the RFP including the consideration and evaluation of the Proposal under the
following conditions:
i. If Bidder withdraws its Proposal during the period of its validity as specified in this
RFP and as extended by the Bidder from time to time.
ii. If Bidder refuses to accept the correction of arithmetical errors in its Proposal.
iii. In the case of the Selected Bidder, if the Bidder fails to reconfirm its commitments
during negotiations.
iv. In the case of a Selected Bidder, if the Bidder fails to accept the LOA.
v. In the case of a Selected Bidder, if the Bidder fails to sign the Contract or provide
the performance security within the specified time limit.
vi. If the Bidder is found to have a Conflict of Interest.
vii. If the firm has furnished incorrect information on qualification and experience.
1.14 Bid Processing fee and Bid Security may be paid electronically through their respective
internet banking enabled account via RTGS / NEFT to the account of Tamil Nadu Industrial
Development Corporation Ltd. The bank transaction details shall be submitted along with
the proposal. The bank account details are given below:
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Name of the Bank: Indian Bank
Account No: 422162951
IFSC No: IDIB000C032
Branch Name: Ethiraj Salai
1.15 Micro and small Enterprises if registered with any Government bodies specified by
Ministry of Micro, Small & Medium Enterprises with valid certificate duly issued by
Government of India are exempted for submitting the bid processing fee and Bid security.
2.2 At any time before the submission of Proposals, the Client may, for any reason, whether
at its own initiative or in response to a clarification requested by any firm, modify the RFP
documents by amendment. Any amendments shall be issued in writing through addenda.
Addenda shall be sent by facsimile, or electronic mail or shall be uploaded on the Client’s
website. The Client may at its discretion extend the deadline for the submission of
proposals.
3. PRE-BID MEETING
Pre-Bid Meeting of the Bidders will be convened at the date, time and place indicated in
the data sheet. A maximum of two representatives of each Bidder will be allowed to
participate on production of an authorisation letter from the Bidder. During the course
of Pre-Bid Meeting, the Bidders will be free to seek clarifications and make suggestions
for consideration of the Client. The Client will endeavor to provide clarifications and such
further information as it may, in its sole discretion, consider appropriate for facilitating a
fair, transparent and competitive selection process.
4. PREPARATION OF PROPOSAL
4.1 Consultants are requested to submit a Proposal written in the English language.
TECHNICAL PROPOSAL
4.2 In preparing the Technical Proposal, consultants 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.
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4.3 While preparing the Technical Proposal, consultants must give particular attention to the
following:
i. Team leader must be a full time employee of the sole firm or the Lead member firm in the
consortium.
ii. Proposed key professional staff (Project Core Team) must have the minimum experience
indicated in the clause - Minimum Qualification Criteria in Section-4 of the RFP.
iii. Alternative key professional staff shall not be proposed, and only one curriculum vitae
(CV) shall be submitted for each position.
iv. Reports to be issued by the consultants as part of this assignment must be in the language
specified in the Data Sheet.
v. Consultant is to ensure that the time allocated for the proposed key staff does not conflict
with the time allocated or proposed for any other assignment. The Client reserves the
right to request a workload projection (including time spent on other projects/clients) for
the key staff.
vi. The composition of the proposed Team and Task Assignment to individual personnel shall
be clearly stated.
vii. No key personnel shall be proposed for any position if the CV of the personnel does not
meet the requirements of the RFP.
viii. The key personnel shall remain available for the period as indicated in the RFP.
ix. The team leader shall be stationed in Chennai till the completion of this consultancy
assignment. The team listed in the proposal shall be the same for the entire assignment
period. The team shall be available in Chennai to meet any needs and for all meetings.
x. Each CV needs to have been recently signed by the key personnel and/or countersigned
by the authorised official of the Firm. At the time of submission of proposal, the scanned
copies of the signature of key personnel will be allowed but at the time of signing of
contract, the original signature will be required. However, in both the cases, original
counter signature of Authorised Signatory shall be required in original.
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xi. Client certifications or contract copy for the projects listed under the experience section
must contain the project attributes (size, fee, duration etc.) and the scope of work on the
projects.
xii. Consultant should form a Joint Venture/ Consortium with his Associate in case he wants
to submit the proposal using the experience/ strength of his Associate.
xiii. If the Consultant being a Consortium is qualified on the strength of the experience of a
member which is a foreign company or Indian company/ entity, requisite key personnel
from that foreign company or Indian company/ entity shall be fielded.
4.4 Bidders should note the Proposal Submission Date, as specified in Data Sheet, for
submission of Proposals. Any alteration / modification in the Proposal or additional
information or material supplied subsequent to the Proposal Due Date, unless the same
has been expressly sought for by the Client, shall be disregarded. Bidders shall not be
allowed to withdraw the proposal any time after submission of Proposal.
Task II (EIA,
Task I (DTER, OLS Task-III (Bid
EMP, SIA,
Core Team/Key including Master Documents and bid
MoEF & all
staff plan) process management) –
Clearances)
T+20 weeks T+87 weeks
T+104 weeks
Full project
Team leader Full project period Full project period
period
Airport sector Full project
Full project period Full project period
expert period
18 weeks + as
Airport planner As required As required
required
20 weeks + as
Financial specialist As required As required
required
Procurement
As required As required 87 weeks + as required
expert
Environmental 96 weeks +as
As required As required
specialist required
19 weeks +as
Social Expert As required As required
required
Support staff Required numbers and duration as required
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4.6 To facilitate evaluation of Proposals, the Client may, at its sole discretion, seek
clarifications from any Bidder regarding its Proposal. Such clarification(s) shall be provided
within the time specified by the Client for this purpose. Any request for clarification(s)
and all clarification(s) in response thereto, shall be in writing.
4.7 If Bidder does not provide clarifications sought under Clause 4.6 above within the
specified time, its Proposal shall be liable to be rejected. In case the Proposal is not
rejected, the Client may proceed to evaluate the Proposal by construing the particulars
requiring clarification to the best of its understanding, and the Bidder shall be barred from
subsequently questioning such interpretation of the Client.
4.8 The Proposal shall be accompanied by a certified copy of a legally binding Joint Bidding
Agreement in case of JV/consortium, in the format provided in this RFP, signed by all
firms/entities.
4.9 The Technical Proposal should provide the following information using the attached
Standard Forms:
i. A brief description of the consultant's organization
ii. Recent assignments of similar nature, the outline indicating inter alia, the profiles and
names of the staff provided, duration of the assignment, contract amount, and firm’s
involvement.
iii. Detailed Approach and Methodology and Activity Schedule for undertaking the
current assignment.
iv. List of the proposed staff team by specialty, and the tasks that would be assigned to
each staff team member.
v. CVs signed by the proposed key professional staff and the authorised representative
submitting the proposal
vi. In case of consortium, Technical Proposal shall contain the Joint Bidding Agreement
signed by the partners.
FINANCIAL PROPOSAL
4.10 In preparing the Financial Proposal, consultants are expected to take into account the
requirements and conditions of the RFP documents. The Financial Proposal should follow
Standard Forms. Financial Proposal shall be reasonable and inclusive of all the costs
associated with the Assignment, including but not limited to (a) remuneration for staff,
and (b) Other lump sum expenses such as subsistence (per diem, housing), transportation
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(national and local, for mobilization and demobilization), services and equipment
(vehicles, office equipment, furniture, and supplies), insurance, printing of documents,
surveys, etc.
4.11 The Financial Proposal should be a lump sum proposal inclusive of all the costs excluding
Goods and Services Tax associated with the assignment for all the tasks of the work
mentioned in the RFP. Consultants shall express the price of their services in Indian
Rupees.
4.12 The Data Sheet indicates how long the proposals must remain valid after the submission
date. During this period, the consultant is expected to keep ready to make available the
key professional staff proposed for the assignment. The Client will make its best efforts
to complete negotiations within this period. If the Client wishes to extend the validity
period of the proposals, the consultants who do not agree have the right not to extend
the validity of their proposals.
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placed in separate envelopes clearly marked “Bid Processing fee” & “Bid Security”, and
placed in the outer sealed envelope.
4.17 The completed Technical and Financial Proposal must be submitted at the submission
address on or before the time and date stated in the Data Sheet. Any proposal received
after the closing time for submission of proposals shall be returned unopened.
4.18 From the time the proposals are opened to the time the contract is awarded, if any
consultant wishes to contact the Client on any matter related to its proposal, they should
do so in writing at the address indicated in the Data Sheet. Any effort by the firm to
influence the Client in proposal evaluation, proposal comparison or contract award
decisions shall result in the rejection of the consultant's proposal.
4.19 Prior to evaluating Proposals, the Client will determine whether each Proposal is
responsive to the requirements of the RFP at each evaluation stage. The Client may, at its
sole discretion, reject any Proposal that is not responsive hereunder.
4.20 The Client reserves the right to reject any Proposal which is non-responsive and no
request for alteration, modification, substitution or withdrawal will be entertained by the
Client in respect of such Proposals. The Client will subsequently examine and evaluate
Proposals in accordance with the Selection Process detailed out in Section-4
TECHNICAL EVALUATION
4.21 The evaluation committee constituted by the Client will carry out its evaluation of the
Technical and Financial Proposals as per the RFP.
4.22 As part of the evaluation, the Technical proposal submission shall be checked to evaluate
whether the Bidder meets the prescribed Minimum Qualification Criteria listed in Section-
4. The Technical Proposal of the Bidders who meet the Minimum Qualification Criteria
would be further evaluated in accordance with the criteria set out in this RFP document.
4.23 The committee will carry out evaluation of proposals as per the point system specified in
the RFP. Technical Proposal will be evaluated on the basis of consultant’s experience,
proposed approach and methodology and Work Plan, and the experience of Key Persons.
Each responsive proposal will be given a mark (T).
4.24 Only those consultants whose Technical Proposals score 70 marks or more out of 100 shall
qualify for further consideration. A proposal shall be rejected at this stage if it fails to
achieve the minimum technical score.
4.28 The evaluation committee will determine whether the Financial Proposals are complete,
unqualified and unconditional. The cost indicated in the Financial Proposal shall be
deemed as final and reflecting the total cost of services.
Each Financial Proposal will be assigned a financial score (F). The Financial Proposal with
lowest cost (FM) will be given a financial score (SF) of 100. The Financial Scores of other
proposal will be computed as follows:
Proposals will finally be ranked according to their combined technical (ST) and financial
(SF) scores as follows:
Combined score S = ST x TW + SF x FW
Where S is the combined score, and TW and FW are weightage factor assigned to Technical
and Financial Proposals that shall be 0.80 and 0.20 respectively.
4.30 A bidder having the highest Combined Score(S) shall be declared as first ranked Bidder
and will be invited for negotiations. The second ranked Bidder shall be kept in reserve and
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may be invited for negotiations in case the first ranked Bidder withdraws, or fails to
comply with the requirements specified in the RFP document.
5. NEGOTIATIONS
5.1 The aim of the negotiations is to reach agreement on all points and initial a draft contract
by the conclusion of Negotiations.
5.2 Negotiations with selected Bidder will commence with a discussion of technical proposal,
the proposed methodology (work plan), costing, staffing and any suggestions without
affecting the scope of work. Agreement must then be reached on the final TORs, the
staffing and staff months, logistics and reporting, Deliverables, and payment term.
5.3 The Client will not consider substitutions in the proposed key personnel during contract
negotiations unless both parties agree that undue delay in the selection process makes
such substitution unavoidable or for reasons such as death or medical incapacity. Any
proposed substitute shall have equivalent or better qualifications and experience than
the original candidate and be submitted by the successful Bidder within the period
specified in the letter of invitation to negotiate.
5.4 Any need for substitution as a result of negligence on the part of the successful Bidder
such as non-confirmation of availability of key personnel before submission of proposal
may result in disqualification of the successful Bidder and bid security of such Bidder be
forfeited.
5.5 Changes agreed upon will then be reflected in the draft contract, including all tax liabilities
and all costs, etc.
5.6 The Contract will be awarded after successful negotiations, with the selected Bidder. In
the event the selected Bidder fails to reconfirm its commitments during negotiations such
that there arises a material deviation in the technical proposal as evaluated by the Client,
then the Client reserves the right to disqualify the proposal of the selected Bidder and
designate the next ranked Bidder as the selected Bidder and invite it for negotiations.
5.7 The Contract will be awarded after successful negotiations, with the qualified/selected
Bidder.
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and experienced personnel being provided to the satisfaction of the Client. Any
subsequent substitution of Key Personnel would call for reduction of remuneration by
30% of the remuneration of the personnel so replaced for the remaining period.
Substitutions undertaken at the time of contract negotiations shall be counted while
calculating the number of substitutions under this clause. Inability of consultant to deploy
Team Leader for the assignment will be grounds for termination by the Client.
7 AWARD OF CONTRACT
7.1 The contract will be awarded following negotiations. A Letter of Award (the “LOA”) will
be issued, in duplicate, by the Client to the Successful Bidder and the Successful Bidder
shall, within 7 (seven) days of the receipt of the LOA, sign and return the duplicate copy
of the LOA in acknowledgement thereof. In the event the duplicate copy of the LOA duly
signed by the Successful Bidder is not received by the stipulated date, the Client may,
unless it consents to extension of time for submission thereof, appropriate the Bid
Security of such Bidder, and the next highest ranking Bidder may be considered.
7.2.1 The Penalty for error/variation and Penalty for delay shall be recovered by appropriation
from the Performance Security or otherwise as provided in the Draft Contract.
7.2.2 If Selected Bidder fails to fulfil its obligations in terms of the Contract, the Performance
Security may be invoked by the Client as compensation.
7.2.3 If any amendment is issued to the Contract, the Selected Bidder shall, within 21 (twenty
one) days of issue of the amendment, furnish the corresponding amendment to the
Performance Security (as necessary), rendering the same valid in all respects in terms of
the contract, as amended.
7.2.4 The Client shall have the right to appropriate the Performance Security, in whole or in
part, in the event of breach of Contract or for recovery of penalty. Subject to the above
sub-clauses, the Client will release the Performance Security without any interest to the
Selected Bidder on completion of the firm’s contractual obligations.
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7.3 Execution of contract
After acknowledgement of the LOA, the Successful Bidder shall execute the Contract
Agreement within 7(Seven) days from the date of acknowledgement of LOA. The
Successful Bidder shall not be entitled to seek any deviation in the Agreement.
9.2 Without prejudice to the rights of the Client under the Clause herein-above, the rights
and remedies which the Client may have under the LOA or the Agreement, if a Bidder or
Consultant, as the case may be, is found by the Client to have directly or indirectly or
through an agent, engaged or indulged in any corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practice during the Selection Process,
or after the issue of the LOA or the execution of the Agreement, such Bidder or Consultant
shall not be eligible to participate in any tender or RFP issued by the Client during a period
of 2 (two) years from the date such Bidder or Consultant, as the case may be, is found by
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the Client to have directly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice, as the case may be.
9.3 For the purposes of this Clause, the following terms shall have the meaning hereinafter
respectively assigned to them:
i. “corrupt practice” means (i) offering, giving, receiving, or soliciting, directly or indirectly,
of anything of value to influence the action of any person connected with the Selection
Process (for avoidance of doubt, offering of employment to or employing or engaging in
any manner whatsoever, directly or indirectly, any official of the Client who is or has been
associated in any manner, directly or indirectly with the Selection Process or the LOA or
has dealt with matters concerning the Agreement or arising there from, before or after
the execution thereof, at any time prior to the expiry of one year from the date such
official resigns or retires from or otherwise ceases to be in the service of the Client, shall
be deemed to constitute influencing the actions of a person connected with the Selection
Process; or (ii) save as provided herein, engaging in any manner whatsoever, whether
during the Selection Process or after the issue of the LOA or after the execution of the
Agreement, as the case may be, any person in respect of any matter relating to the Project
or the LOA or the Agreement, who at any time has been or is a legal, financial or technical
consultant/ adviser of the Client in relation to any matter concerning the Project;
iii. “coercive practice” means impairing or harming or threatening to impair or harm, directly
or indirectly, any persons or property to influence any person’s participation or action in
the Selection Process;
iv. undesirable practice” means (i) establishing contact with any person connected with or
employed or engaged by the Client with the objective of canvassing, lobbying or in any
manner influencing or attempting to influence the Selection Process; or (ii) having a
Conflict of Interest; and
14.2 The Client, at its sole discretion and without incurring any obligation or liability, reserves
the right, at any time, to:
a. Suspend and/or cancel the Selection Process and/or amend and/or supplement the
Selection Process or modify the dates or other terms and conditions relating thereto;
b. Consult with any Bidder in order to receive clarification or further information;
c. Retain any information and/or evidence submitted to the Client by, on behalf of
and/or in relation to any Bidder; and/or
d. Independently verify, disqualify, reject and/or accept any and all submissions or other
information and/or evidence submitted by or on behalf of any Bidder.
14.3 All documents and other information provided by Client or submitted by a Bidder to Client
shall remain or become the property of Client. Bidders are to treat all information as
strictly confidential. Client will not return any Proposal or any information related thereto.
All information collected, analysed, processed or in whatever manner provided by the
Consultant to Client in relation to the consultancy shall be the property of Client.
14.4 The Client reserves the right to make inquiries with any of the clients mentioned by the
Bidders in support of their previous experience record.
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SECTION 4
AND
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4 Project Core Team – Bidder should have a dedicated core team as below
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iv Financial Expert Should have an MBA (Finance)/CFA/CA with minimum experience of
15 years in providing financial advisory services for infrastructure
Project.
Should have experience of preparation of financial model of atleast
one Airport project.
v Environmental Should have a B.E/B.Tech with Post Graduate degree in Environmental
expert studies or related field with minimum of 15 years of experience.
Note: For projects in currency other than INR, claimed by individual expert in their CV, the project
cost shall be converted to INR on the date of award (duly mentioning the conversion rates
adopted with dates).
1.2 The consultants are required to submit self-attested copies of the following:
i. Documents verifying the claim on experience as per above including the appointment
letter or work order or contract agreement and letter of successful completion from the
client. The experience or assignment period of 15 years shall be reckoned from
01.04.2007.
ii. Details of Permanent Account Number (PAN).
iii. GST Registration Certificate
iv. Company Registration certificate
v. Copy of company annual reports, audited Balance Sheets along with Profit and Loss
Account statements of the firm for best of three financial years within the last Six financial
years(The financial year being Year 2016-17,Year 2017-2018,Year 2018-19,Year 2019-
20,Year 2020-21 and Year 2021-22 or for different accounting period of year ending
2016,2017,2018,2019,2020,and 2021 ) shall be submitted.
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S. No Financial Year Annual Turnover Net worth
(Rs. in crore) (Rs. in crore)
1 2016-2017
2 2017-2018
3 2018-2019
4 2019-2020
5 2020-2021
6 2021-2022
1.3. The Bidder should have a dedicated core team with members as above Additional support
staff in sufficient numbers shall be proposed by the consultant. The Bidder shall also provide a
plan and short CVs of support staff as proposed for effective project delivery.
2. SELECTION PROCESS
2.1 Technical Evaluation Criteria
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(vi) Social Expert - 3 marks (max)
Qualifying Project – Undertaking SIA for infrastructure project of value of INR
500 crore
a. Qualifying project – 2 marks
b. Additional Projects with minimum value of INR 250 crore- 0.5 mark for
each project (maximum 1 marks)
Notes:
The bidder shall submit their company details, financial details, project experience details in the
Standard Form and this shall be considered for Eligibility qualification. Documentary proof for
Project experience such as work order/completion certificates from client clearly indicating the
nature/scope of work and actual date of completion for such work should be submitted. The
proposals submitted without this documentary proof shall not be evaluated.
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SECTION 5
TERMS OF REFERENCE
1. PREAMBLE
Tamil Nadu, spread across an area of 130,058 sq. km. and with a population of 72.14
million, is one of the most urbanised and industrialised states of India. Its strategic
location, a conducive business environment and a favourable ecosystem are some of the
key factors that have led to the State’s prominence as a business hub.
In addition to its economic development, the State also has a well-developed social
ecosystem. Tamil Nadu is home to many conglomerates and companies from several
foreign countries. Many companies from countries such as USA, UK, Republic of Korea,
Japan, Germany, France, etc. have a base in Tamil Nadu. More than 40,000 expats find a
conducive environment to live in Chennai due to the presence of major star hotels, quality
international and national educational institutions, latest state-of-the-art healthcare
facilities as well as quality and variety of food available across the State.
The state has 4 international airports at Chennai, Coimbatore, and Trichy and Madurai
and 2 domestic airports at Thoothukudi & Salem. Chennai airport is the 4th busiest airport
in the country handling 22.54 million passengers in 2018-19 (Pre-Covid year) constituting
a 6.5% share in India’s total passenger movement in 2018-19.
Chennai airport is expected to get saturated by 2028 as per traffic growth forecasts.
Considering the fast traffic growth, the Government of Tamil Nadu intends to develop a
Greenfield airport near Chennai. Towards this end, Government of Tamil Nadu is in the
process of identification of a site near Chennai for setting up a Greenfield Airport.
Tamilnadu Industrial Development Corporation (TIDCO) Ltd. has been appointed as the
nodal agency for development of the Greenfield Airport. TIDCO proposes to prepare a
Techno Economic Feasibility Report including survey, master plan, financial model,
mandatory clearances, bid management etc., for the Greenfield Airport site through a
consultant.
2. OBJECTIVE
The major objectives of this assignment are:
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iv. To prepare a detailed Master plan incorporating Airside facility, Land side facilities and
associated infrastructure facilities including commercial facilities, MRO facilities and other
facilities.
v. To identify infrastructure, its development phases and prepare cost estimates and
financial models for the project.
vi. To study and prepare a DTER conforming to the Greenfield Airport policy issued by the
Ministry of Civil Aviation.
vii. To prepare additional specific reports and documents as necessary to obtain the
required clearances for the proposed airport from various agencies and any statutory
authorities as may be required for implementation of the project.
viii. To undertake EIA (Environmental Impact Assessment) with EMP (Environmental
Management Plan) and Social Impact studies
ix. To prepare and submit documents and obtain required clearances/approvals from various
statutory agencies/authorities.
x. To recommend an institutional structures and development models under various
frameworks.
xi. To prepare documents including Project Information Memorandum, Bid Documents,
Concession Documents, EOI, RFP/RFQ for selection of Developer/JV Partner/executing
agency as per the Government approved development model.
xii. To assist in conducting bid process management for Proposed Development Model
3 SCOPE OF WORK
3.1 The above objectives of the assignment have been divided into three key tasks as given
below:
Task-1: Preparation of various elements of DTER namely (but not limited to) Traffic
Demand & Market Assessment, OLS study and related Charts, Master Plan, site
specific survey & studies, project cost, revenue & other financial estimations,
Project structuring and development options
Task-2: Preparation of EIA,EMP & SIA reports and all other specific reports and
documents required for obtaining ALL approvals/ clearances from various
ministries or directorates of Central and State Governments and obtaining the
required clearances and approvals except Greenfield Airport Site Clearance –
Location clearance
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3.2 DETAILED SCOPE OF WORK
b. Assess the peak hour operating capacity of Chennai Airport considering the designed
annual capacity of existing terminals and current additional capacity expansion, airside
infrastructure capacity and expansion constraints, if any, and operating standards as per
international guidelines.
c. Analyse the air traffic growth trends and subsequent projections on the demand & supply
scenario.
e. The Consultant shall assess and present a reasonable forecast of air, rail and road traffic
volume and requirements for passengers/tourists and goods/ commodities. Based on the
growth pattern, the base traffic estimated to be handled shall be projected over a time
horizon of 35 years. The projections in intervals of 5 years i.e.5th, 10th, 15th year etc.
shall be made to assess the facility requirements over a period of time.
f. The Consultant shall also assess and present a reasonable forecast of to& fro traffic
movements via road and rail connectivity to the proposed Greenfield Airport and
between the existing Chennai Airport as well as the proposed Greenfield Airport.
i The passengers, staff of various service providers, visitors, cargo etc that are
expected to travel between the existing and the proposed Greenfield Airport.
ii Passengers, staff of various service providers, visitors and cargo that will directly
reach the proposed Greenfield Airport from various part of Chennai
The estimation of the above should be on the basis of peak hour day and average day
numbers. Specific recommendations for efficient surface travel and stretch that need
improvement, their location etc should be documented.
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g. Assess various City side and Airside infrastructure facilities required to be developed to
cater to the projected traffic and also for development of multilevel parking, ground level
parking and commercial facilities on the land side. The land requirement for various
aeronautical service providers including flight catering services, passenger travel related
non-aeronautical services but exclusive of commercial development related areas should
be arrived at based on norms and best practices.
The Consultant should collect and assess (but not limited to) the following preliminary
details:
a. Analyze the air traffic growth trends and the demand & supply scenario for Aviation Hub,
MRO facilities, Aerospace and Commercial development and also assess the potential to
develop as an Aerotropolis and to identify corresponding land requirements.
b. The Study and reports shall be pursuant to the Regulatory framework overview and
approvals/clearances required for setting up of Greenfield Airports as per Greenfield
Airports Policy of the Ministry of Civil Aviation, Government of India
c. To identify existing civil and defence airports in the vicinity of the existing Chennai Airport
and the proposed Greenfield airport along with notified restrictions.
a. Locational features
b. Site Map, Regional Maps, Location on Survey of India Topo sheets, list and location of
DGPS pillar locations, list and location of DGPS control points. The DGPS instruments used
for survey shall meet the level of accuracy specified in ICAO recommendations.
c. OLS study survey to be carried out through competent surveyors who have previous
experience at airport. Those who are accredited to ISO 9001:2008 standards or operate
an equivalent professionally qualified surveyors and project managers to oversee the
survey. The surveyor shall have sufficient knowledge in aerodrome surveying techniques
and experienced aerodrome environment. They shall also have Competency to prepare
the Aerodrome charts as required and stated in relevant ICAO documents. Consultant
shall interact with AAI(Airports Authority of India) and be satisfied with the competency
of the OLS surveyors in conducting survey , preparation of charts etc.
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d. Assess the availability of supporting infrastructure like power supply, water supply,
sewerage system, waste disposal and transportation linkages like Road and Rail.
f. Surrounding Development, Population, Water, Noise & Air pollution and disturbances
g. Socio-Economic Data and Industrial Data in the Greater Chennai Region and around the
proposed Greenfield airport site
h. Preparation of the Techno-Economic Feasibility Report for setting up the proposed new
Greenfield Airport after taking into account obstacles if any in the path of aircraft
approach as per OLS survey findings. Consultant to account for other factors as may be
relevant. The technical assessment study should cover the activities such as (but not
limited to):
• Contour Survey
• Topographical Survey
• Geotechnical survey
• Meteorological Assessment,
• To identify the EHT/LT electric supply lines that are to be diverted within airport
area and approaches of runway(s)
i. Regional connectivity and the accessibility of the site: the consultant shall review the
existing connectivity of the site and propose additional connectivity requirements to
ensure seamless and fast travel to the proposed Airport.
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k. To assess the land requirement for project facilities both airside and land side to meet a
30 years planning horizon or 100 million Airport capacity and also on the basis of
maximum capacity utilization
The Master plan shall be carried out for the area of land envelop map available with TIDCO. The
requirement to integrate site data appropriately is part of the work of the Consultant. Client
expects this activity to go in parallel with preparation of Feasibility report.
a. Master Plan:
Preparation of Master Layout plan in conformity with ICAO and DGCA (CAR) guidelines,
Preparation of land use planning and zoning, Assessment of development
options/Recommendation of phase wise development, project schedule etc., be made and
supported. An airport master plan which should include, inter-alia, the requirements for the
following:
• Number and length of Runways and taxiways, number of aircraft parking stands and
other airfield facilities and development. These should be designed for the Critical
Aircraft type that is selected and proposed by the Consultant with scope for expansion
• Aviation Fuel Storage, Flight catering service units, Sewage Treatment and other
waste management systems etc
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• Reserved Activities service requirement –AAI for ATM/CNS, MET for observatory
radars etc., CISF, Custom house, Immigration, Intelligence unit, State Police,
Quarantine service, BCAS, DGCA etc.
b. The Consultant shall prepare a Master Plan to make the proposed Greenfield Airport as a
Hub and account for the following requirements (but not limited to):
• Short term & Long term parking space for cars, buses, cargo vehicles and staff vehicles.
• Interface with possible modes of surface transport including high speed rail/Metrorail
The Consultant shall re-assess the land requirements for the various components of the
Greenfield airport and other city side development which will generate non-aviation revenue at
the airport site.
The Consultant shall also determine the phase-wise development of the project and shall clearly
delineate exact extent of land parcel required for first phase of the project development.
With the above identification of the key facilities and associated areas, the Master Plan shall be
prepared showing the location of all airport facilities and ensure that the city side development
proposals are properly integrated with the overall development. The Consultant shall chalk out
bulk land/space allotment for various users in the Master Plan
A presentation on the Master Plan would be made by the Consultants, based on which inputs
from TIDCO/Government should be taken and the plan should be accordingly modified/fine-
tuned, before embarking on further detailed studies
c. Prepare 3D walkthrough of 5 minutes duration & 2minutes duration and physical Model of
not less than 6.5 feet x4 feet ( can be easily transportable, placed and secured) of the
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proposed project showing various components/ project facilities of the project along with
labeling of each component.
The Consultant shall undertake economic and financial assessment for the Project. The
analysis shall inter-alia cover the following:-
a. Cost Estimates: The Consultant shall make a cost estimate for pre-development, overall
land development, creation of infrastructures, its operation and maintenance
components involved in the proposed Greenfield Airport.
b. Phasing of the Development: The Consultant shall phase out the development so as to
optimize the investment requirement for the development of the Project and prepare
the items of work in different phases of the project and its project capital cost based on
line cost (abstract cost)
c. Revenue Estimate: The Consultant shall identify and estimate the various sources of
revenue that can be generated from all sources in the operation of the Project and
other development
d. Cash flow analysis: The Consultant shall perform a cash flow analysis on the operation
of the Project
e. Financial model: The Consultant shall prepare financial models to assess the key
financial parameters such as Project IRR, Equity IRR, DSCR, cash flows etc. The Financial
Model for the airport concession shall be prepared after accounting the following but
not limited to:
• Cost of equity, Financing, Depreciation norms and Tax related issues, etc.
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f. Sensitivity analysis: The Consultant shall carry out sensitivity analysis using financial
models to understand impacts of specific variables such as traffic, infrastructure costs,
tariffs, means of financing etc. on project financials.
h. Break-even analysis shall be conducted for the project which clearly specifies the break-
even point (number of passengers), break-even capacity (%), break-even income,
contribution per passenger and other factors for each stage of development of the
airport
i. Financial models with options for different debt/equity mix with its corresponding
rates shall be prepared for various scenarios and arrive at the optimum range of debt-
equity ratio by balancing the interests of shareholders and users.
j. The Consultant shall carry out economic impact analysis and work out the Economic
Rate of Return (ERR) for the Project. Principal financial viability indicators of the Project
including the Internal Rate of Return shall be worked out by the Consultants based on
projected profitability
k. The Consultant shall adopt suitable methodologies to assess the key economic benefits
likely to be generated from the Project in the form of direct, indirect and induced
impacts
l. The assessment of benefits during both construction and operational phases of the
Project shall be accessed
m. To prepare 1st Phase cost estimate for 20 million Passengers Terminal alongwith
associated airside and city side facilities for successful commissioning of Greenfield
Airport. CNS/ATM services, MET services and other mandatory services be estimated
including its civil, electrical works (other than equipment) and be shown separately. The
SPV will prepare appropriate Terminal model and its detailed engineering etc.
b. Determining the indicative structure for developing the Project - Optimize the Project
structure under various implementation options;
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d. Definition of the institutional framework for implementation of the Project
e. Risk Analysis – Mitigation measures for various risks such as natural hazards,
development risk, regulatory risk, commercial risk, financial risk, security risk or any
other risk associated with the project etc.
2.0 Task 2: Preparation of EIA & SIA and Obtaining all statutory approvals and necessary
clearances for the airport
The consultants shall also undertake necessary primary and secondary surveys to prepare
a complete Environment Impact Assessment Report (EIA) and Social Impact Assessment (SIA)
Report through a sector specific agency. The key activities include (but are not limited to) the
following:
a. Undertake ESIA studies and Preparation of Form 1, Form 1A, other forms and conceptual plan
• Submission of Form 1, Form 1 A, other forms and conceptual plan to Central Expert
Appraisal Committee (EAC) and/or to State Expert Appraisal Committee (SEAC) as
required.
• Primary and secondary data collection and generation for preparing EIA/ EMP report
• Suggest specific policies and strategies to minimize air, water, noise, energy and land
pollution
• Suggest strategies to improve efficient use of natural resources by (a) minimizing wastes
(b) encourage recycle and reuse (c) greater use of non-conventional sources and
technologies and by, (d) maintain adequate green cover
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• Preparation of Final SIA report
• Prepare/gather all the information as per application format or checklist format as desired
by regulatory authority for obtaining EC for the project.
• Preparing details of statutory clearances required based on the present statues and
obtaining such clearances.
• Preparing the necessary documentation and obtaining all necessary approvals including
but not limited to In-principle Approval MoD clearance, Environmental Clearances etc. as
required by the Greenfield Airports Policy from Steering Committee, DGCA, AAI, MOCA,
MoD, MoEFCC, CBEC, MoHA and other statutory agencies.
• Preparing a PERT chart with timelines for documentation, discussion with relevant
stakeholders and obtaining necessary approvals.
• Besides all statutory approvals, the consultant shall also be responsible for obtaining
approval of DTER and bid documents from the state and central government as required.
• The consultant has to ensure that all requirements of Guidelines for setting up of
Greenfield Airport issued by Ministry of Civil Aviation, Government of India are complied
with.
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3.0 Task 3: Bid Process management for the Government approved
development/implementation Model
i Assist in Preparation of standard bidding documents like RFQ, RFP, Contract agreement
and all relevant document till the identification and signing of the contract with the JV
Partner/developer/executing agency.
ii Assist in conducting the Pre – bid meetings with the prospective bidders, answering the
queries raised by the prospective bidders, evaluation of the bids received and selection
of the preferred Bidder.
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Preparation and submission of documents
to concerned Ministries for obtaining
Project clearance approval, in-principle
5 T+24 weeks 5%
approval, all other specific approvals, etc
from Central and State Governments and
authorities except MoEF
Obtaining clearances from various
Ministries/Departments and/or execution
6 T+64 weeks 10%
of MoU including project in-principle
approval as required except MoEF
T+104 weeks
7 Obtaining Environmental Clearance 20%
Task-III
Issue of Expression of Interest, RFQ, RFP for
8 T+54 weeks 5%
Bid process as required.
9 Submission of Bid Evaluation Report T+74 weeks 10%
T+83 weeks
Issue of Letter of Award (LoA) to the (subject to State and
10 10%
successful bidder Central Government
approvals)
11 Site mobilization of successful bidder T+87 weeks 10%
At each stage Consultant to submit one set of soft copy plus 3 sets of hard copies to TIDCO. With
regard to documents for various clearances, the required number of sets as required shall be
prepared and submitted.
The review committee will review the reports submitted by the consultant periodically. The
decisions/suggestions carried out will be reviewed in the subsequent meeting.
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SECTION 6
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6A. TECHNICAL PROPOSAL SUBMISSION FORM
[Location, Date]
From: (Name of Firm) TO: (Name and Address of TIDCO)
______________________
______________________
______________________
Subject: Tender for Selection of Consultant for Development of Greenfield Airport at
Parandur near Chennai- submission of Technical proposal
Dear Sir,
1. With reference to your RFP Document dated ………….., I/we, having examined all relevant
documents and understood their contents, hereby submit our Technical Proposal for
selection of Consultant for Development of Greenfield Airport at Parandur near Chennai.
The Proposal is unconditional and unqualified.
2. I/We agree to keep this offer valid for 180 (Ninety) days from the PDD (Proposal due date).
3. All information provided in the Proposal is true and correct and all documents accompanying
such Proposal are true copies of their respective originals.
4. This statement is made for the express purpose of appointment as the Consultant for the
aforesaid work.
5. I/We shall make available to the Client any additional information it may deem necessary or
require for supplementing or authenticating the Proposal.
6. I/We acknowledge the right of the Client to reject our application without assigning any
reason or otherwise and hereby waive our right to challenge the same on any account
whatsoever.
7. We further certify that we have not been barred or blacklisted by the Central Government,
any State Government, a Statutory Body, any Public Sector Undertaking or any Multi-lateral
funding agency, as the case may be, from participating in any project or bid, and that any such
bar, if any, does not subsist as on the proposal due date for this RFP.
8. I/We further certify that no investigation by a regulatory Client is pending either against us
or against our Associates or against our CEO or any of our Directors or equivalent / Proposed
Key Personnel for this assignment referenced to their official representation with us.
9. I/We declare that:
i. I/We have examined and have no reservations to the RFP Documents, including any
Addendum issued by the Client;
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ii. I/We do not have any conflict of interest in accordance with the terms of the RFP
Document;
iii. I/We have not directly or indirectly or through an agent engaged or indulged in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice, as defined in the RFP document, in respect of any tender or
request for Proposal issued by or any agreement entered into with the Client or any
other public sector enterprise or any government, Central or State; and
iv. I/We hereby certify that we have taken steps to ensure that in conformity with the
provisions of the RFP, no person acting for us or on our behalf will engage in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice.
10. I/We understand that you may cancel the Selection Process at any time and that you are
neither bound to accept any Proposal that you may receive nor to select the Consultant,
without incurring any liability to the Applicants in accordance with clauses of the RFP
document.
11. I/We certify that in regard to matters other than security and integrity of the country, we
or any of our Associates have not been convicted by a Court of Law or indicted or adverse
orders passed by a regulatory Client which would cast a doubt on our ability to undertake
the Consultancy for the Study or which relates to a grave offence that outrages the moral
sense of the community.
12. I/We further certify that in regard to matters relating to security and integrity of the
country, we have not been charge-sheeted by any agency of the Government or convicted
by a Court of Law for any offence committed by us or by any of our affiliates.
13. I/We hereby irrevocably waive any right or remedy which we may have at any stage at law
or howsoever otherwise arising to challenge or question any decision taken by the Client
[and/ or the Government of Tamil Nadu] in connection with the selection of Consultant or
in connection with the Selection Process itself in respect of the above mentioned Study.
14. I/We agree and understand that the Proposal is subject to the provisions of the RFP
document. In no case, shall I/we have any claim or right if Proposal is not opened or
rejected.
15. In the event of our firm being selected as the Consultant, I/we agree to enter into a Contract
in accordance with form 6 D of the RFP. We agree not to seek any changes in the aforesaid
form and agree to abide by the same.
16. The Financial Proposal is being submitted in a separate cover. This Technical Proposal read
with the Financial Proposal shall constitute the Application which shall be binding on us.
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17. If negotiations are held during the period of validity of the Proposal, we undertake to
negotiate in accordance with the RFP. Our Proposal is binding upon us, subject only to the
modifications resulting from negotiations in accordance with the RFP.
We understand you are not bound to accept any Proposal you receive
We remain,
Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Firm:
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6B. FORMAT FOR POWER OF ATTORNEY FOR AUTHORIZED SIGNATORY1
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney
in exercise of the powers hereby conferred shall and shall always be deemed to have been done
by us.
IN WITNESS WHEREOF WE, …………………………., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED
THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2022…..
For …………………………..
(Signature, name, designation and address)
Witnesses:
1.
(Notarised)
2.
Accepted
……………………………
(Signature)
1
To be submitted in original.
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(Name, Title and Address of the Attorney)
Notes:
▪ The mode of execution of the Power of Attorney should be in accordance with the procedure,
if any, laid down by the applicable law and the charter documents of the executant(s) and
when it is so required, the same should be under common seal affixed in accordance with the
required procedure.
▪ Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder
on behalf of the Bidder.
▪ For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney
is being issued. However, the Power of Attorney provided by Bidders from countries that have
signed the Hague Legislation Convention 1961 are not required to be legalised by the Indian
Embassy if it carries a conforming Appostille certificate.
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6C. FORMAT FOR POWER OF ATTORNEY FOR LEAD MEMBER OF CONSORTIUM2
Whereas the ……………………………….. (“the Client”) has invited Bids from interested parties for the
……………………………. Project (the “Project”).
Whereas, it is necessary for the Members of the Consortium to designate one of them as the
Lead Member with all necessary power and authority to do for and on behalf of the Consortium,
all acts, deeds and things as may be necessary in connection with the Consortium’s bid for the
Project and its execution.
We, ……………………..having our registered office at …………………….., M/s. …………………….. having our
registered office at …………………….., M/s. …………………….. having our registered office at
…………………….., and …………………….. having our registered office at …………………….., (hereinafter
collectively referred to as the “Principals”) do hereby irrevocably designate, nominate,
constitute, appoint and authorise M/S …………………….. having its registered office at
…………………….., being one of the Members of the Consortium, as the Lead Member and true and
lawful attorney of the Consortium (hereinafter referred to as the “Attorney”). We hereby
irrevocably authorise the Attorney (with power to sub-delegate) to conduct all business for and
on behalf of the Consortium and any one of us during the bidding process and, in the event the
Consortium is awarded the concession/contract, during the execution of the Project and in this
regard, to do on our behalf and on behalf of the Consortium, all or any of such acts, deeds or
things as are necessary or required or incidental to the qualification of the Consortium and
submission of its bid for the Project, including but not limited to signing and submission of all
applications, bids and other documents and writings, accept the Letter of Award, participate in
bidders’ and other conferences, respond to queries, submit information/ documents, sign and
execute contracts and undertakings consequent to acceptance of the bid of the Consortium and
generally to represent the Consortium in all its dealings with the Client, and/ or any other
Government Agency or any person, in all matters in connection with or relating to or arising out
2 To be submitted in original.
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of the Consortium’s bid for the Project and/ or upon award thereof till the Agreement is entered
into with the Client.
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney
in exercise of the powers hereby conferred shall and shall always be deemed to have been done
by us/ Consortium.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF
ATTORNEY ON THIS …………………. DAY OF ………. 2022.
For ……………………..
(Signature)
……………………..
(Name & Title)
For ……………………..
(Signature)
……………………..
(Name & Title)
For ……………………..
(Signature)
Witnesses:
1.
2.
………………………………………
(Executants)
Notes:
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▪ The mode of execution of the Power of Attorney should be in accordance with the procedure,
if any, laid down by the applicable law and the charter documents of the executant(s) and
when it is so required, the same should be under common seal affixed in accordance with the
required procedure.
▪ Also, wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder
on behalf of the Bidder.
▪ For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney
is being issued. However, the Power of Attorney provided by Bidders from countries that have
signed the Hague Legislation Convention 1961 are not required to be legalised by the Indian
Embassy if it carries a conforming Appostille certificate.
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6D. FORMAT FOR JOINT BIDDING AGREEMENT
(To be executed on Stamp paper of appropriate value)
THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of ………… 20….
AMONGST
1. ………… Limited, a company incorporated under the Companies Act, 2013¥ and having its
registered office at ………… (hereinafter referred to as the “First Party” which expression
shall, unless repugnant to the context include its successors and permitted assigns)
AND
2. ………… Limited, a company incorporated under the Companies Act, 2013 and having its
registered office at ………… (hereinafter referred to as the “Second Party” which
expression shall, unless repugnant to the context include its successors and permitted
assigns)
AND
3. {………… Limited, a company incorporated under the Companies Act, 2013 and having its
registered office at ………… (hereinafter referred to as the “Third Party” which expression
shall, unless repugnant to the context include its successors and permitted assigns)}
The above mentioned parties of the FIRST, SECOND AND THIRD PARTY are collectively
referred to as the “Parties” and each is individually referred to as a “Party”
WHEREAS,
(A) Tamilnadu Industrial Development Corporation (TIDCO), represented by its Chairman &
Managing Director and having its principal offices at 19-A, Rukmini Lakshmipathi Salai,
Egmore, Chennai - 600 008, INDIA (hereinafter referred to as the “Client” which
expression shall, unless repugnant to the context or meaning thereof, include its
administrators, successors and assigns) has invited Bids (the Bids”) by its Request for
Proposal No. ………… dated ………… (the “RFP”) for “Selection of Consultant for
development of Greenfield Airport near Chennai”
A Bidder who is registered abroad may substitute the words, viz “a company registered under the Companies Act,
2013” by the words, viz “a company duly organised and validly existing under the laws of the jurisdiction of its
incorporation”. A similar modification may be made in Recital 2, as necessary.
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(B) The Parties are interested in jointly bidding for the Project as members of a Consortium
and in accordance with the terms and conditions of the RFP document and other bid
documents in respect of the Project, and
(C) It is a necessary condition under the RFP document that the members of the Consortium
shall enter into a Joint Bidding Agreement and furnish a copy thereof with the Bid.
In this Agreement, the capitalized terms shall, unless the context otherwise requires, have
the meaning ascribed thereto under the RFP.
2. Consortium
2.1 The Parties do hereby irrevocably constitute a consortium (the “Consortium”) for the
purposes of jointly participating in the Bidding Process for the Project.
2.2 The Parties hereby undertake to participate in the Bidding Process only through this
Consortium and not individually and/ or through any other consortium constituted for
this Project, either directly or indirectly or through any of their Associates.
The Parties do hereby undertake to be jointly and severally responsible for all obligations
and liabilities relating to the Project and in accordance with the terms of the RFP, and the
Concession Agreement, till such time as the Financial Close for the Project is achieved
under and in accordance with the Concession Agreement.
Each Party represents to the other Parties as of the date of this Agreement that:
(a) Such Party is duly organised, validly existing and in good standing under the laws
of its incorporation and has all requisite power and authority to enter into this
Agreement;
(b) The execution, delivery and performance by such Party of this Agreement has
been authorised by all necessary and appropriate corporate or governmental
action and a copy of the extract of the charter documents and board resolution/
power of attorney in favour of the person executing this Agreement for the
delegation of power and authority to execute this Agreement on behalf of the
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Consortium Member is annexed to this Agreement, and will not, to the best of its
knowledge:
(ii) violate any Applicable Law presently in effect and having applicability to it;
(v) create or impose any liens, mortgages, pledges, claims, security interests,
charges or encumbrances or obligations to create a lien, charge, pledge,
security interest, encumbrances or mortgage in or on the property of such
Party, except for encumbrances that would not, individually or in the
aggregate, have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party from
fulfilling its obligations under this Agreement;
(c) This Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and
(d) There is no litigation pending or, to the best of such Party's knowledge, threatened
to which it or any of its Associates is a party that presently affects or which would
have a material adverse effect on the financial condition or prospects or business
of such Party in the fulfillment of its obligations under this Agreement.
5. Termination
This Agreement shall be effective from the date hereof and shall continue in full force and
effect until the execution of the Project is achieved under and in accordance with the
Agreement, in case the Project is awarded to the Consortium. However, in case the
Consortium is either not qualified for the Project or does not get selected for award of
the Project, the Agreement will stand terminated in case the Bidder is not qualified or
upon return of the Bid Security by the Client Authority to the Bidder, as the case may be.
6. Miscellaneous
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED
THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED
For and on behalf of
LEAD MEMBER by: SECOND PARTY
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
1. The mode of the execution of the Joint Bidding Agreement should be in accordance with
the procedure, if any, laid down by the Applicable Law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed
in accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter
documents and documents such as resolution / power of attorney in favour of the person
executing this Agreement for the delegation of power and Client to execute this
Agreement on behalf of the Consortium Member.
3. For a Joint Bidding Agreement executed and issued overseas, the document shall be
legalised by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney has been executed.
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6E FORMAT FOR INFORMATION ABOUT BIDDERS/CONSULTANCY FIRMS
(To be filled, signed and attached)
S.No. ITEMS DETAILS
i) Name of the Company
ii) Legal Status
(a)Postal address of the Registered (a)
Office
(b)Telephone no.(s) (b)
iii) (c)Fax No.(s) (c)
(d) Website, (d)
(e)Email (e)
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Signature, Name & Designation of the Authorized Signatory
This is to certify that (NAME OF THE CONSULTANTS)has received the payments shown
above against the respective years on account of fees from consultancy services excluding
audit and tax services.
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6F FORMAT TO DEMONSTRATE TECHNICAL ELIGIBILITY
(To be filled, signed and attached)
Relevant Services Carried Out in the Last 15 Years
Passengers)/Project
Date of Completion
Name of the Client
A brief description
Airport Capacity
Location, Country
of assignment
Name of the
Assignment
(From-To)
of the job
(Million
Period
cost
no.
Sl.
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6G FORMAT FOR PROVIDING EXPERIENCE OF THE CONSULTANT FOR TECHNICAL EVALUATION
Start Date (Month/Year): Completion Date Approx. Value of Services (In Rs./ US$):
(Month/Year):
Name of Associated Consultants, if any: No. of Months of Professional Staff, provided
by Associated Consultants:
Name of Senior Staff (Project Director/Coordinator, Team Leader) involved and functions performed:
Narrative Description of Project:
Description of Actual Services Provided by Your Staff:
Note: Completion Certificates shall be submitted along with the reference.
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6H. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING THE
ASSIGNMENT (WITH DETAILED WORK SCHEDULE)
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6I. TEAM COMPOSITION AND TASK ASSIGNMENTS
1. Key Staff
Relevant
Name of Summary of tasks
Proposed Educational Experience in
S. No the Key to be performed in
Position Qualification Number of
personnel the assignment
Years
1.
2.
3.
4.
5.
6.
7.
2. Support Staff
S. No Name Proposed Summary of tasks to be
Position performed in the assignment
1.
2.
3.
4.
5.
6.
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6J. FORMAT OF CURRICULUM VITAE (CV)
FOR PROPOSED PROFESSIONAL STAFF
1. Name
Photo of the 2. Position
Expert 3. Date of Birth
4. Education
From To Company Position Held
5.Employment
Record
6. Total Years
of Experience
7. Years of
Experience
Relevant to
the proposed
role
8.Brief Profile
9.Languages
10. Work Undertaken that Best Illustrates Capability to Handle the Task Assigned
Name of assignment of project:
Year: From: To:
Location:
Client:
Main project features:
Positions held:
Activities performed:
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Name of assignment of project:
Year: From: To:
Location:
Client:
Main project features:
Positions held:
Activities performed:
Certification
I, certify that to the best of my knowledge and belief, this CV correctly describes myself, my
qualifications, and my experience. I understand that any willful misstatement described
herein may lead to my disqualification or dismissal, if engaged.
Additionally, I also certify that I shall be available for the entire duration of the contract.
Signature of staff member Date:
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6K. FINANCIAL PROPOSAL SUBMISSION FORM
[Location, Date]
From: To:
(Name of Firm) (Address of TIDCO)
_____________________
______________________
Sir,
We, the undersigned offer to provide the consulting services for the above in accordance
with your Request for proposal dated xxxxx and our proposal (Technical and Financial proposal)
dated xxxxx. Our attached financial proposal is for the sum of Rs.……….. (Figures) (Rupees. Words
only/-).This amount is exclusive of all Goods and Services taxes estimated at INR …… (Figs)
(Rupees. Words only/-) after careful analysis of cost involved for the performance of the
complete work considering all parts of the Bidding Document.
Our financial proposal is binding upon us up to expiring of validity period of the proposal, i.e.
date xxx.
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 that you are not bound to accept any proposal you receive.
Item Amount in Rs.
Cost of the Financial Proposal Amount in Amount in Words
digits
(1) Remuneration
(2) Other Expenditure
Total Base Cost of the Financial Proposal: A
Tax (GST __ %) :B
Grand Total (A+B)
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Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of the Firm:
Address:
Note:
1. In case of difference in amount quoted in figures and words, the value in words shall be
considered for evaluation.
2. The breakup of expenses shall be provided by Consultancy Firm as given below Form.
3. The Financial Proposal is inclusive of all taxes i.e. income tax, professional tax and
education cess except GST (as applicable).
4. In the case of assignment dropped mid-way or at any time after award, the above rates
will be utilized for downsizing the payment on prorate basis of payment schedule.
I. Remuneration to Staff:
S. No. Key Professionals Name Rate Man Total Cost
Amount (Rs) Months Amount (Rs)
Total - A
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S. No. Support Staffs Name Rate Man Total Cost
Amount (Rs) Months Amount (Rs)
..
..
..
Total - B
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6L. DRAFT AGREEMENT OF CONTRACT FOR THIS ASSIGNMENT TO BE CARRIED OUT BY FIRM
2. For administrative purposes (Name of responsible staff of Client) has been assigned to
administer the assignment and to provide [Name of Consultant] with all relevant information
needed to carry out the assignment. The services will be required in (Name of Project) for about
__________ months, during the period from _______ to _______________.
3. The (Name of Client) may find it necessary to postpone or cancel the assignment and/or
shorten or extend its duration. In such case, every effort will be made to give you, as early as
possible, notice of any changes. In the event of termination, the (Name of Firms) shall be paid for
the services rendered for carrying out the assignment to the date of termination, and the [Name
of Firm] will provide the (Name of Client) with any reports or parts thereof, or any other
information and documentation gathered under this Contract prior to the date of termination.
4. The services to be performed, the estimated time to be spent, and the reports to be submitted
will be in accordance with the attached Description of Services.
5. This Contract, its meaning and interpretation and the relation between the parties shall be
governed by the laws of Union of India
6. This Contract will become effective upon confirmation of this letter on behalf of (Name of
Consultant) and will terminate on ___________________, or such other date as mutually agreed
between the (Name of Client) and the (Name of Consultants) or till the date of completion of the
assignment.
7. Payments for the services will not exceed a total amount of Rs. ________________.
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The (Name of Client) will pay (Name of Consultant), within 15 days of receipt of invoice after
approval of the report, which is as follows:
The above remuneration includes all the costs related to carrying out the services, including
overhead and including all taxes except GST.
8. The [Name of Consultants] will be responsible for appropriate insurance coverage. In this
regard, the [Name of Consultants] shall maintain workers compensation, employment liability
insurance for their staff on the assignment. The Consultants shall also maintain comprehensive
general liability insurance, including contractual liability coverage adequate to cover the
indemnity of obligation against all damages, costs, and charges and expenses for injury to any
person or damage to any property arising out of, or in connection with, the services which result
from the fault of the [Name of Consultants] or its staff. The risks and the coverage shall be as
follows:
(a) Third Party liability insurance with a minimum coverage of Value of assignment [cost of
assignment quoted by the Consultant];
(b) Professional Indemnity insurance, with a minimum coverage of Value of assignment [cost
of assignment quoted by the Consultant];
(c) employer’s liability and workers’ compensation insurance in respect of the Personnel of the
Consultant and of any Sub-Consultants, in accordance with the relevant provisions of the
Applicable Law, as well as, with respect to such Personnel, any such life, health, accident, travel
or other insurance as may be appropriate;
9. The [Name of Consultants] shall also indemnify and hold harmless the (Name of Client) against
any and all claims with respect to loss of profit, data or goodwill, or any other consequential,
incidental, indirect, punitive or special damages in connection with claims, demands, and/or
judgments of any nature brought against the (Name of Borrower) arising out of gross negligence
of the [Name of Consultants] in the provision of services under this contract. The liability of the
[Name of Consultants] under any circumstance shall not exceed one time of contract value or fee
paid to the Consultant, whichever, is lesser. However, this limitation on liability shall not apply to
losses or damages caused by the Consultant’s fraud or wilfulmis conduct and liability in this case
shall be actual as determined by the Good Industry Practice/Applicable law. The obligation under
this paragraph shall survive the termination of this Contract.
10. The Consultant agrees that, during the term of this Contract and after its termination, the
Consultant and any entity affiliated with the Consultant, shall be disqualified from providing goods,
works or services (other than the Services and any continuation thereof) for any project resulting
from or closely related to the Services.
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11. Either party may give notice for termination of this contract along with a rectification period
of 30 days. In the event of termination, the (Name of Consultants) shall be paid for the services
rendered for carrying out the assignment to the date of termination, and the [Name of
Consultant] will provide the (Name of Client) with any reports or parts thereof, or any other
information and documentation gathered under this Contract prior to the date of termination.
12. On issue of Letter of Award (LoA), an acceptance for co shall be sent by Consultants within 7
days and subsequently execute agreement with the Client within 7 days from the date of Accetance
of LoA. Failing to do adhere to this, the Client reserves the right to cancel the consultancy work by
forfeiting the EMD.
13. The Consultants shall mobilize the key personnel as per the schedule of activities indicated in
their technical proposal. The Consultants shall meet the Client with all the key personnel, as a
proof of mobilization and commence work within 2 weeks from the date of signing of contract
agreement. Failing to comply with this will be considered as non-mobilization of key personnel
and the Client reserves the right to cancel the consultancy work.
14. The Consultant shall furnish a Bank Guarantee amounting to 3% of the negotiated
consultancy value exclusive of all taxes, duties, levies in the form specified at the end of the RFP,
within 10 days from the date of issue of LoA. The format is enclosed in Form 6M
15. The Client shall have the right to invoke and appropriate the proceeds of the Performance
Security, in whole or in part, without notice to the Consultant in the event of breach of the work
assigned in the ToR or the finalized Agreement.
16. All reports, plans, drawings, specifications, designs, reports, bid documents and other
documents, design calculations, etc., submitted by the Consultants in the performance of the
Services shall become and remain the property of the Client. The Consultants may retain a copy
of such documents but shall not use them for purposes unrelated to this Contract without the
prior written approval of the Client. The various reports and documents prepared as part of this
assignment is not a public document and the reports / documents will always be the property of
the Client.
17. The Consultant undertake to carry out the assignment in accordance with the highest
standard of professional and ethical competence and integrity, having due regard to the nature
and purpose of the assignment, and to ensure that the staff assigned to perform the services
under this Contract, will conduct themselves in a manner consistent herewith.
18. The Consultant will not assign this Contract or sub-contract or any portion of it without the
Client’s prior written consent.
19. The [Name of Consultants] shall pay the taxes, duties fee, levies and other impositions levied
under the Applicable law and the Client shall perform such duties, in regard to the deduction of
such tax, as may be lawfully imposed.
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20. The [Name of Consultants] also agree that all knowledge and information not within the
public domain which may be acquired during the carrying out of this Contract, shall be, for all
time and for all purpose, regarded as strictly confidential and held in confidence, and shall not
be directly or indirectly disclosed to any person whatsoever, except with the (Name of Client)
written permission. Confidential information does not include any information which:
iii. later becomes publicly available without violation of this agreement or may be lawfully obtained
from a third party; or
21.1 Amicable Settlement: The Parties shall use their best efforts to settle amicably all disputes
arising out of or in connection with this Contract or the interpretation thereof.
(a) proceedings shall, unless otherwise agreed by the Parties, be held in Chennai.
(b) the English language shall be the official language for all purposes; and
(c) the decision of the sole arbitrator or of a majority of the arbitrators (or of the third arbitrator
if there is no such majority) shall be final and binding and shall be enforceable in court of
competent jurisdiction (Chennai), and the Parties hereby waive any objections to or claims of
immunity in respect of such enforcement.
22. This Contract may be terminated by either Party as per provisions set up below:
The Client may terminate this Contract in case of the occurrence of any of the events
specified in paragraphs (a) through (f) of this Clause. In such an occurrence the Client shall give
at least thirty (30) calendar days’ written notice of termination to the Consultant in case of the
events referred to in (a) through (d); at least sixty (60) calendar days’ written notice in case of
the event referred to in (e); and at least five (5) calendar days’ written notice in case of the event
referred to in (f):
a) If the Consultant fails to remedy a failure in the performance of its obligations hereunder, as
specified in a notice of suspension;
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b) If the Consultant becomes (or, if the Consultant consists of more than one entity, if any of its
members becomes) insolvent or bankrupt or enter into any agreements with their creditors for
relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or
receivership whether compulsory or voluntary;
c) If the Consultant fails to comply with any final decision reached as a result of arbitration
proceedings;
d) 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) calendar days;
e) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this
Contract;
f) If the Consultant fails to confirm availability of Key Experts as required as per ToR. Furthermore,
if the Client determines that the Consultant has engaged in Fraud and Corruption in competing
for or in executing the Contract, then the Client may, after giving fourteen (14) calendar days
written notice to the Consultant, terminate the Consultant's employment under the Contract.
The Consultant may terminate this Contract, by not less than thirty (30) calendar days’
written notice to the Client, in case of the occurrence of any of the events specified in paragraphs
(a) through (d) of this Clause.
a) If the Client fails to pay any money due to the Consultant pursuant to this Contract and not
subject to dispute within forty-five (45) calendar 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) calendar days.
c) If the Client fails to comply with any final decision reached as a result of arbitration.
d) If the Client 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 Client of the Consultant’s notice
specifying such breach.
Upon termination of this Contract by notice of either Party to the other, 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 purpose to a minimum. Upon termination of this Contract, the Client
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shall make the payments to the Consultant: for Services satisfactorily performed prior to the
effective date of termination
a. Definition
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 makes a Party’s
performance of its obligations hereunder impossible or so impractical as reasonably to be
considered impossible under the circumstances, and subject to those requirements, includes,
but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or
other adverse weather conditions, strikes, lockouts or other industrial action confiscation or
any other action by Government agencies.
Force Majeure shall not include (i) any event which is caused by the negligence or intentional
action of a Party or such Party’s Experts, Sub-consultants or agents or employees, nor (ii) any
event which a diligent Party could reasonably have been expected to both take into account
at the time of the conclusion of this Contract, and avoid or overcome in the carrying out of
its obligations hereunder.
Force Majeure shall not include insufficiency of funds or failure to make any payment
required hereunder.
b. 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, all with the objective of carrying
out the terms and conditions of this Contract.
c. Measures to be Taken
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.
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) calendar 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.
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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.
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 Client, shall either:
(a) demobilize, in which case the Consultant shall be reimbursed for additional costs they
reasonably and necessarily incurred, and, if required by the Client, in reactivating the
Services; or
(b) continue with the Services to the extent reasonably possible, in which case the
Consultant shall continue to be paid under the terms of this Contract and be reimbursed for
additional costs reasonably and necessarily incurred.
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 19.
a. Suspension
The Client may, by written notice of suspension to the Consultant, suspend part or all
payments to the Consultant hereunder if the Consultant fails to perform any of its obligations
under this Contract, including the carrying out of the Services, provided that such notice of
suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultant to
remedy such failure within a period not exceeding thirty (30) calendar days after receipt by
the Consultant of such notice of suspension.
24. Any dispute arising out of the Contract, which cannot be amicably settled between the parties,
shall be referred to adjudication/arbitration in accordance with the Arbitration & Conciliation Act
1996. The place of arbitration shall be at Chennai.
23. Conflict of Interests: The Consultant shall hold the Client’s interests paramount, without any
consideration for future work, and strictly avoid conflict with other assignments or their own
corporate interests.
Consultant Not to Benefit from Commissions, Discounts, etc.: The payment of the Consultant
shall constitute the Consultant’s only payment in connection with this Contract, 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 the Experts and agents of
them, similarly shall not receive any such additional payment.
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Furthermore, if the Consultant, as part of the Services, has the responsibility of advising the Client
on the procurement of goods, works or services, the Consultant shall comply with the TT Act, and
shall at all times exercise such responsibility in the best interest of the Client.
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 and any entity affiliated, shall be disqualified from providing goods, works or non-
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 its Experts
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.
Strict Duty to Disclose Conflicting Activities: The Consultant has an obligation and shall ensure
that its Experts shall have an obligation to disclose any situation of actual or potential conflict
that impacts their capacity to serve the best interest of their Client, or that may reasonably be
perceived as having this effect. Failure to disclose said situations may lead to the disqualification
of the Consultant or the termination of its Contract.
24. Confidentiality: Except with the prior written consent of the Client, the Consultant and the
Experts 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 the Experts make public the
recommendations formulated in the course of, or as a result of, the Services.
25. Accounting, Inspection and Auditing: The Consultant shall keep, accurate and systematic
accounts and records in respect of the Services and in such form and detail as will clearly identify
relevant time changes and costs. The Consultant shall permit, the Client and/or persons
appointed by the Client to inspect the Site and/or all accounts and records relating to the
performance of the Contract and the submission of the Proposal to provide the Services, and to
have such accounts and records audited by auditors appointed by the Client if requested by the
Client.
26. If the project is not completed within the scheduled time, then the Consultant shall extend
the validity of the Performance Security (Bank Guarantee) for period indicated in the Form 6M
format. Failing which the Performance Security shall be forfeited.
Place:
Date:
Thiru.________________ Thiru.______________________
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LIST OF ANNEXES TO CONTRACT AGREEMENT
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6M. FORMAT OF PERFORMANCE SECURITY IN THE FORM OF UNCONDITIONAL BANK
GUARANTEE
To
Managing Director
Tamilnadu Industrial Development Corporation Limited
19-A, Rukmini Lakshmipathi Salai, Egmore, Chennai – 600 008
We, ……………….. (indicate the name of Bank) undertake to pay to the Client any money so
demanded notwithstanding any dispute or disputes raised by the Consultant in any suit or
proceeding pending before any court or tribunal relating thereto, our liability under this present
being absolute and unequivocal. The payment so made by us under this bond shall be a valid
discharge of our liability for payment thereunder and the Consultant shall have no claim against
us for making such payment.
We, ……………….. (indicate the name of Bank) further agree that the Guarantee herein contained
shall remain in full force and effect during the period that would be taken for the performance
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of the said Agreement and that it shall continue to be enforceable till all the dues of the Client
under or by virtue of the said Agreement have been fully paid and its claims satisfied or
discharged or till the Client certifies that the terms and conditions of the said Agreement have
been fully and properly carried out by the said Consultant and accordingly discharges this
Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before
a period of twelve (24) months from the date of this Guarantee, we shall be discharged from all
liability under this Guarantee thereafter.
We, ………………… (indicate the name of Bank) further agree with the Client that the Client shall
have the fullest liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said Agreement or to extend time of
performance by the said Consultant from time to time or to postpone for any time or from time
to time any of the powers exercisable by the Client against the said Consultant and to forbear or
enforce any of the terms and conditions relating to the said Agreement and we shall not be
relieved from our liability by reason of any such variation, or extension being granted to the said
Consultant or for any forbearance, act or omission on the part of the Client or any indulgence by
the Client to the said Consultant or any such matter or thing whatsoever which under the law
relating to sureties would, but for this provision, have the effect of so relieving us.
This Guarantee will not be discharged due to the change in the constitution of the Bank or the
Consultant(s). We, ……………….. (indicate the name of Bank) lastly undertake not to revoke this
Guarantee during its currency except with the previous consent of the Client in writing.
For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to Rs. ***
* (Rupees ***** ) only. The Bank shall be liable to pay the said amount or any part thereof only
if the Client serves a written claim on the Bank in accordance with paragraph 2 hereof, on or
before [*** (indicate date falling 365 days after the date of this Guarantee)].
For ..............................................................
Name of Bank:
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6N. CHECKLIST FOR SUBMISSION
Bidder(s) are requested to organize their Proposals as per the following checklist:
Tick
S. Page
Description
No (Yes/ No.
No)
1 Technical Proposal Submission (Form 6A)
Copy of audited Balance Sheets along with Profit and Loss Account
(ii) statements of the firm for the last Six financial years and Annual
reports
CVs (no limit but preferably should not exceed five (5) pages for each
10
experts’ CV) (6J)
*****
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