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1 TENDER DOCUMENT No.502/11/2015-16/I&PA Government of India Ministry of New and Renewable Energy **** Subject: Tender for conceptualizing, designing and fabricating the Tableau of Ministry of New and Renewable Energy for Republic Day Parade at Raj Path on 26 th January, 2016. Ministry of New and Renewable Energy (MNRE) invites technical and financial bids in sealed covers from reputed Agencies/Firms/Organizations hereinafter referred to as the ‘Agency’ who are experienced in conceptualizing, fabricating and setting up theme based pavilions/exhibitions and tableaux, for conceptualizing, designing and fabricating the Tableau of MNRE for participating in the Republic Day Parade on 26.1.2016 on the theme “Mega Watt to Giga Watt – Making the sun brighter, even at night”. (Theme of the Republic Day Tableau may be changed by MNRE/Ministry of Defence (MOD) at short notice and the Agencies will be required to furnish fresh designs as per requirement). A proposal can contain more than one design and sketches of the design as seen from different angles. The selection process is multi-stage. The Quality Cum Cost Based Selection (QCCBS) shall be adopted for selection of the Consultant, whereby the technical proposals will be allotted a weightage of 70% while the financial proposals will be allotted 30% weightage. Technical and financial bids will be evaluated by a Tender Evaluation Committee of MNRE. After selection of the Agency, the conceptualized proposal(s) shall be put up before the Expert Committee of MOD. The selection of any one of the proposals would mean finalization of the theme and design for the renewable energy Tableau. No cost will be paid for these initial proposals. The Agency awarded the job, will then submit, within the stipulated time period, three- dimensional model on the theme and design finalized. Assessment of three- dimensional model will be done by the Expert Committee. Only on final selection of the three-dimensional model of the proposed Tableau by the Expert Committee, MNRE will award the job of preparation and presentation of the Tableau to the organization concerned. The Tender Evaluation Committee of MNRE reserves the right to accept or reject any offer without assigning any reason. Detailed information and Tender forms can be downloaded from the website of MNRE (www.mnre.nic.in). The last date for submission of proposals is 07.09.2015 upto 11.00 A.M. The bids will be opened on 07.09.2015 at 11.30 A.M. in the Conference Room, Block No.14, CGO Complex, New Delhi. Proposals should be submitted to Under Secretary (I&PA), MNRE, Room No. 907, Paryavaran Bhawan, Complex, Lodi Road, New Delhi- 110003. Submission of proposals by the Agency/Firm/Organization will imply that it has read all the documents and made itself fully aware of the terms and conditions of the job.

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TENDER DOCUMENT

No.502/11/2015-16/I&PA Government of India

Ministry of New and Renewable Energy ****

Subject: Tender for conceptualizing, designing and fabricating the Tableau of

Ministry of New and Renewable Energy for Republic Day Parade at Raj Path on 26th January, 2016.

Ministry of New and Renewable Energy (MNRE) invites technical and

financial bids in sealed covers from reputed Agencies/Firms/Organizations hereinafter referred to as the ‘Agency’ who are experienced in conceptualizing, fabricating and setting up theme based pavilions/exhibitions and tableaux, for conceptualizing, designing and fabricating the Tableau of MNRE for participating in the Republic Day Parade on 26.1.2016 on the theme “Mega Watt to Giga Watt – Making the sun brighter, even at night”. (Theme of the Republic Day Tableau may be changed by MNRE/Ministry of Defence (MOD) at short notice and the Agencies will be required to furnish fresh designs as per requirement). A proposal can contain more than one design and sketches of the design as seen from different angles. The selection process is multi-stage. The Quality Cum Cost Based Selection (QCCBS) shall be adopted for selection of the Consultant, whereby the technical proposals will be allotted a weightage of 70% while the financial proposals will be allotted 30% weightage. Technical and financial bids will be evaluated by a Tender Evaluation Committee of MNRE. After selection of the Agency, the conceptualized proposal(s) shall be put up before the Expert Committee of MOD. The selection of any one of the proposals would mean finalization of the theme and design for the renewable energy Tableau. No cost will be paid for these initial proposals. The Agency awarded the job, will then submit, within the stipulated time period, three-dimensional model on the theme and design finalized. Assessment of three-dimensional model will be done by the Expert Committee. Only on final selection of the three-dimensional model of the proposed Tableau by the Expert Committee, MNRE will award the job of preparation and presentation of the Tableau to the organization concerned. The Tender Evaluation Committee of MNRE reserves the right to accept or reject any offer without assigning any reason. Detailed information and Tender forms can be downloaded from the website of MNRE (www.mnre.nic.in). The last date for submission of proposals is 07.09.2015 upto 11.00 A.M. The bids will be opened on 07.09.2015 at 11.30 A.M. in the Conference Room, Block No.14, CGO Complex, New Delhi. Proposals should be submitted to Under Secretary (I&PA), MNRE, Room No. 907, Paryavaran Bhawan, Complex, Lodi Road, New Delhi- 110003. Submission of proposals by the Agency/Firm/Organization will imply that it has read all the documents and made itself fully aware of the terms and conditions of the job.

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2. Scope of Work

(i) The work has to be undertaken on a turnkey basis and will include all aspects of fabrication of tableau i.e. from conceptualization, making of designs, modification of designs from time to time as per the requirement and instructions, presentation of the designs before the Tender Evaluation Committee (TEC) of MNRE and Ministry of Defence, fabrication of the models, modifications thereof as per requirements and instructions, presentation of the model before the Tender Evaluation Committee of MNRE and Ministry of Defence and upon selection of the model, fabrication of the actual Tableau as per the requirement, specifications, time schedule and instructions by the MNRE and Ministry of Defence.

(ii) The job would also encompass providing of suitable/appropriate lyrics,

composing of music, arrangements of artists and actual pre-recording of the music for use in the tableau.

(iii) Arrangements of choreography as per requirement including arrangements

of artists, folk dance troupes, any other skilled/unskilled persons, etc. for live demonstration and for sunning of tableau on trailer.

(iv) The job will also involve actual presentation and display of Tableau during

the Republic Day Parade, full dress rehearsal and rehearsals (if required) prior to 26.1.2016 and maintenance of required services at the time of presentation at MNRE and during the event.

(v) The turnkey project would also include any other work that may have direct

or indirect bearing with the fabrication and presentation of the tableau and may facilitate the project in any manner. Information about MNRE and relevant inputs as required will be made available by the Ministry.

(vi) MNRE will have the right to modify, change, accept or reject the work in

totality or any part thereof or cancel the project at any stage without assigning any reason whatsoever.

(vii) The copyright of the work shall vest with the Ministry and it would have

rights on the awards won, if any. (viii) The Agency should use state of art technologies and be free of any

infringement of IPR (Intellectual Property Rights) of any third party. (ix) In case infringement of Intellectual Property Rights (IPR) of any third

Party(ies) takes place, the Agency hired by MNRE for fabricating the tableau is liable for payment of compensation to the aggrieved third party. It shall be responsible to indemnify MNRE and shall be required to pay

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license fee and any other payment to the third/other party required for settling the matter.

(x) The decision of MNRE about the quality of services will be final and shall

not be challenged by the Agency on any ground whatsoever.

3. Time-frame

(i) The Agency selected for the execution of the job has to complete the Tableau as per the deadlines and time schedules fixed by the Ministry of Defence for completion of the various stages of the work and any time schedule to be fixed by the MNRE so as to enable this Ministry to fine tune the processes involved in fabrication as per requirement from time to time before the display.

(ii) MNRE/Ministry of Defence will have the right to make necessary

modifications/alterations in the layout till the last moment in order to ensure that a quality product is finally put on display.

(iii) Failure to meet the time schedule will invite penalty @ 5% of the Contract

Value per day. (iv) After the event is over, the Agency shall be responsible for dismantling and

removing the materials as per the prescribed time schedule of the Ministry of Defence and shall be liable to pay any demurrage that might be imposed by Ministry of Defence for non-compliance of dismantling schedule.

(v) Dismantling and removal of the material have to be done by the Agency at

its own cost and hence the same may be factored in the financial quote. (vi) Dismantling should be done in such a manner as to enable the MNRE to

use the model in any way it deems fit. 4. Terms and Conditions

(i) Agencies should have experience of conceptualization of theme, fabrication and display of Republic Day Tableaux at the National level at least for three years (copy substantiating the claim should be enclosed).

(ii) Agencies should have a minimum annual turnover of Rs. 1.00 Crore at least

for three years during the last five years (copy substantiating the claim should be enclosed).

(iii) Agencies must have experienced creative personnel like visualizers or

concept Director, fabricators etc. either on its rolls or on retainer basis (copy

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substantiating the claim should be enclosed). (iv) Such Agencies that have won prizes/commendations for Tableau designed

by them in the Republic Day Parade in the previous years will be assigned additional weightage (copy substantiating the claim should be enclosed).

(v) Agencies must be registered with the competent authority for VAT/Service

Tax. (vi) All the pages of the tender document should be signed by the authorized

signatory. 5. Documents required to be submitted along with the bid

The Agency bidding for the above shall furnish the following documents along with the bid:

(i) Attested copies of certificates/work-orders for any theme based fabrication showing experience of conceptualization of theme, fabrication and display either of Republic Day Tableaux or at National level or State level exhibitions over three years.

(ii) Valid Service Tax Registration Certificate. (iii) Latest Income Tax return along with copy of PAN card of last three

years. (iv) Earnest Money Deposit (EMD)/Bid Security of Rs.1,00,000/-(Rupees

One Lakh only) in the form of Demand Draft in favour of the DDO, MNRE payable at New Delhi, valid for a period of 45 days beyond the final bid validity period. The same will be returned to unsuccessful bidders, after the tender process is completed. Interest shall not be payable on the Earnest Money Deposit.

(v) Declaration as given in ANNEXURE-I. (vi) Declaration of Non-tampering of Documents in case of downloaded

tender, in the format given in ANNEXURE-II. (vii) Certificate of Near Relative not working in MNRE, in the format given in

ANNEXURE-III. (viii) The bid security may be forfeited:

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a) If the bidder withdraws his/her bid during the period of validity specified in the bid form.

b) If the successful bidder fails to sign contract within one week of the issue of letter of intent.

c) If the successful bidder fails to furnish performance security.

In either case, the bidder will not be eligible to participate in any tender initiated by MNRE for same item for three years from the date of issue of NIT. The bidder will not approach the court against the decision of MNRE in this regard.

Failure to furnish all the information required as per Bid Documents or submission of bids not substantially responsive to the Bid Documents in every respect may result in rejection of the Bid. All the pages of the Tender Document and certificates shall be duly signed by the bidder. 6. Submission of Technical and Financial Bids

As a part of the proposal, the Agencies will have to submit two separate Sealed Envelopes placed within an outer envelope as mentioned below:-

(i) First envelope containing “Technical Bid” should contain particulars in the format at ANNEXURE-IV regarding eligibility criteria and treatment of the theme as follows:

(a) experience of conceptualization of theme, fabrication and display of Republic Day Tableau at the National Level and State level. (b) details of annual turnover for the last five years along with Chartered Accountant’s certificate indicating turnover of the Agency. (c) details of experience of creative personnel like Visualizers, Concept Directors, Fabricators, etc. (d) details of prizes won. (e) registration of the Agency with the competent authority for VAT/Service Tax. (f) the treatment suggested for the theme selected by the Ministry. Besides a narrative explanation, the treatment should contain drawings and designs explaining the manners in which the theme can be presented. The Agencies can present more than one design for the theme.

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(g) Earnest Money Deposit (EMD)/Bid Security of Rs.100,000/- (Rupees Lakh only). As per details given at Para 5 (iv) above of Documents required to be submitted along with the bid.

(h) Forfeiture of EMD. As per details given at Para 5 (viii) above of Documents required to be submitted along with the bid.

(ii) Second envelope containing “Financial Bid” should comprise of the

consolidated cost estimates as per the format given at ANNEXURE-V. The Agencies are required to understand the work properly before quoting the rates. Short listing will be made on the assessment of the technical bid, i.e. eligibility criteria and treatment of the theme and its presentation in the form of drawings and designs.

7. Submission of Bid

The bids should be duly sealed and submitted to Under Secretary (I&PA), MNRE, Room No. 907, Paryavaran Bhawan, CGO Complex, Lodi Road, New Delhi- 110003. Any bid received after the specified time and date for submission of bids shall be rejected and returned to the bidder unopened. Bidders will not be permitted to alter or modify their bids after expiry of the deadline for receipt of bids. 8. Tender Opening

(i) The bids shall be opened in the presence of the bidder or their authorized representatives, who wish to be present at the time of opening of bids on the due date, at their own cost. In case the date fixed for the opening of the bids is declared as holiday by the Government of India, the revised schedule will be notified. However, in the absence of such notification, bids will be opened on the next working day, time and venue remaining unaltered.

(ii) The bidder should be available on that day to explain and present their concept to the MNRE’s Evaluation Committee.

9. Evaluation of Technical and Financial Bids

The evaluation of bids shall be carried out in two stages, i.e. technical and financial. The Technical Bids will be evaluated and assigned a weightage of 70 Marks, on the basis of the following parameters:

S.No. Remarks Marks

1. Relevant experience of conceptualization of theme, fabrication and display of Republic Day Tableau at the National or State level:

15

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(A maximum of two Marks shall be awarded for each fabrication and presentation in the Republic Day Parade at National level while one Mark shall be assigned for fabrication/presentation of Tableau at State Level)

2. Presentation on Treatment of Theme and Quality of Fabrication Technique: (The treatment of Theme and Quality of Fabrication Technique shall be assigned 20 Marks and 15 Marks respectively)

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3. Award/ commendations for fabricating Republic Day Tableau 5

4. Infrastructure and Financial status of the Organization: (i) Details of manpower/key professionals like Visualizers or Concept Director, fabricators, etc. and materials. (ii) Details of annual turnover for the last five years

10

TOTAL 70

Opening and Evaluation of Technical Bids: Technical Bids shall be first opened and evaluated. The Tender Evaluation Committee of MNRE shall evaluate the Technical Bids on the basis of the responses to the scope of work, applying the evaluation criteria, sub-criteria, and point system specified as above.

Evaluations will be based on creative/innovative evidence submitted by the Agency with respect to evaluation / selection criteria. Responsive bids will be given a Quality Score (QS) and the bids receiving marks greater than or equal to cut-off mark (35) will be eligible for further consideration. The QS will have a weightage of 70%. A Bid shall be rejected at this stage, if it does not respond to any of the conditions, scope of works or if it fails to achieve the minimum QS (35) Opening and Evaluation of Financial Bids: Financial bids will be opened only for short-listed Agencies. The decision of the MNRE with regard to selection of Agency will be final and binding and no communication in this regard will be entertained.

After the technical evaluation is completed, MNRE shall inform in writing to the Agencies (having scored minimum QS of 35) the time and location for opening the Financial Bids. The attendance of the Agencies at the opening of Financial Bids is optional, but it shall be recorded and signed by all present.

Financial Bids shall be opened only of the Agencies who have secured the minimum QS of 35, publicly in presence of the Agencies/representatives who choose to attend. These Financial Bids of the Agencies shall be recorded. The Financial Bids will be allotted a weightage of 30%. The bid with the lowest cost shall be given a Cost Score (CS) of 100 and other bids would be given CS that is inversely proportional in relation to their prices.

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The Tender Evaluation Committee will correct any computational errors. When correcting computational errors, in case of discrepancy between a partial amount and the total amount, or between word and figures the former will prevail. In addition, activities and items described in the Technical Bid but not priced, shall be assumed to be included in the prices of other activities or items.

The ‘Total Score’ (TS) for each Agency will be calculated by weighing the respective QS (Quality Score) and CS (Cost Score) as per the formulae (TS = 0.7 x QS + 0.3 x CS). On the basis of combined weighted score for quality and cost, the Agencies shall be ranked in terms of total score obtained. The bid obtaining the highest total combined score in evaluation of quality and cost will be ranked as H-1 followed by the bids securing lesser score as H2, H3, etc. For Example: - In a particular case of selection of consultant, it was decided to have minimum qualifying marks for technical qualifications as 35 and the weightage of the technical bids and financial bids was kept as 70 : 30. In response to the Notice Inviting Tender, 3 proposals, A, B & C were received. The Tender Evaluation Committee awarded them 35, 40 and 45 marks respectively in the technical evaluation. The minimum qualifying marks were 35.

All the 3 proposals were, therefore, found technically suitable and their financial proposals were opened after notifying the date and time of bid opening to the successful participants. The Tender Evaluation Committee examined the financial proposals and evaluated the quoted prices as under Proposal Evaluated Cost A. Rs.120. B. Rs.100. C. Rs.110.

Using the formula LEC / EC, where LEC stands for lowest evaluated cost and EC stands for evaluated cost, the committee gave them the following points for financial proposals: A : 100 / 120 x 100 = 83 points B : 100 / 100 x 100 = 100 points C : 100 / 110 x 100 = 91 points

In the combined evaluation, thereafter, the Tender Evaluation Committee calculated the combined technical and financial score as under: Proposal A : 35 x 0.70 + 83 x 0.30 = 49.4 points. Proposal B : 40 x 0.70 + 100 x 0.30 = 58.0 points Proposal C : 45 x 0.70 + 91 x 0.30 = 58.8 points.

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The three proposals in the combined technical and financial evaluation were ranked as under: Proposal A: 49.4 points : H3 Proposal B: 58.0 points : H2 Proposal C: 58.8 points : H1

Proposal C at the evaluated cost of Rs.110 was, therefore, declared as winner and recommended for negotiations/approval, to the competent authority. 10. Performance Security Deposit

In case of award of work, a sum of 10% of the total value of cost shall be deposited by the selected bidder as Performance Security in the form of Bank Guarantee within 7 days of issue of LOI. The deposit shall be in the form of an irrevocable Bank Guarantee issued by a Scheduled Commercial Bank in favour of the MNRE, as per the format given at ANNEXURE-VI. On submission of this Bank Guarantee, the EMD shall be refunded. This Bank Guarantee shall be released only after successful completion of the consultancy assignment. Bank Guarantees issued by the following Banks would only be accepted:-

State Bank of India and its subsidiaries. Any Indian Nationalized Bank

IDBI or ICICI Bank

Bank guarantee will remain valid for a period of sixty days beyond the date of completion of all contractual obligations (i.e. date to be indicated). 11. Award of Contract

MNRE shall consider placement of letter of intent to the bidder whose offers have been found technically, and financially acceptable. The bidder shall within 7 days of the issue of the letter of intent give his/her acceptance and sign agreement with MNRE. 12. Signing of Contract

Signing of Agreement shall constitute the award of hiring contract on the bidder. 13. Annulment of Award

Failure of the successful bidder to comply with any of the tender/contract conditions shall constitute sufficient ground for the annulment of award and

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forfeiture of the bid security in which event MNRE may make the award to any other bidder at the discretion of MNRE or call for new bids. 14. Right to Accept or Reject MNRE reserves the right to accept or reject any bid or to accept whole or a portion of tender as it may deem fit, without assigning any reason. 15. Termination of Contract

MNRE may, without prejudice to any other right/remedy for breach of contract, terminate the contract in whole or in parts:

(i) If the Agency fails to arrange the supply of any or all of the deliverables within the period specified in the contract or any extension thereof granted by the MNRE.

(ii) If the Agency fails to perform any other obligations under the contract

agreement. (iii) MNRE may, without prejudice to any other rights under the law or the

contract provided, get the hiring done at the risk and the cost of the Agency, in the above circumstances.

(iv) Notwithstanding anything contained herein, MNRE also reserves the

right to terminate the contract at any time or stage during the period of contract, by giving notice in writing without assigning any reason and without incurring any financial liability to the Agency.

16. Termination for Insolvency

MNRE may also by giving written notice and without compensation to the Agency, terminate the contract if the Agency becomes unwilling, bankrupt or otherwise insolvent without affecting its right of action or remedy as hirer. 17. Force Majeure

(i) If any time, during the continuance of this contract, the performance in whole or in part by either party or any obligation under this contract shall be prevented or delayed by reason of any War, or Hostility, Acts of the public enemy, Civil commotion, Sabotage, Fires, Floods, Explosions, Epidemics, Quarantine Restrictions, Strikes, Lockouts or Act of God (hereinafter referred to as events) provided notice of happening of any such eventuality is given by either party to the other within 21 days from

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the date of occurrence thereof, neither party shall by reason of such claim for damages against the other in respect of such non-performance or delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such event may come to an end or cease to exist, and the decision of the MNRE as to whether the work has been so resumed or not shall be final and conclusive, provided further that if the performance, in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 60 days either party may, at his option, terminate the contract.

(ii) Provided also that if the contract is terminated under this clause, the

MNRE shall be at liberty to take over from the Agency at a price to be fixed by the MNRE which shall be final, all un-used, un-damaged and acceptable materials, bought out components and stores in the course of manufacture in possession of the contractor at the time of such termination of such portions thereof as the purchaser may deem fit excepting such materials bought out components and stores as the contracts may with the concurrence of the MNRE elect to retain.

18. Arbitration

In the event of any question, dispute or difference arising under the Agreement, or in connection thereof, except as to matter, the decision of which is specifically provided elsewhere under the Agreement, the same shall be referred to an Arbitral Tribunal, hereinafter called the “TRIBUNAL” consisting of sole Arbitrator to be appointed upon nomination made by Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India.

The venue of Arbitration shall be New Delhi or anywhere in India, as may be fixed by the TRIBUNAL. The Arbitration proceedings shall be conducted in accordance with the provisions of Arbitration and Conciliation Act 1996, as amended or replaced from time to time. 19. Jurisdiction

The decision of the majority of arbitrators shall be final and binding upon both Parties. The expenses of the arbitration, as determined by the arbitrators shall be shared equally by MNRE and the Agency. However, expenses incurred by each Party in connection with the preparation, presentation shall be borne by the Party itself. All Arbitration awards shall be in writing and shall state the reasons for the award. 20. Dispute Settlement

Performance of the Contract is governed by the terms and conditions of the Contract. In case any dispute arises between the Parties regarding any matter under

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the Contract, either Party of the Contract may send a written Notice of Dispute to the other Party. The Party receiving the Notice of Dispute will consider the Notice and respond to it in writing within fifteen (15) days after receipt. If that Party fails to respond within fifteen (15) days, or the dispute cannot be amicably settled within thirty (30) days following the response of that Party, clause 17 of above shall become applicable. 21. Indemnity

The Agency shall indemnify the MNRE in respect of any damages, claims, loss or action against MNRE for acts of commission or omission on the part of the Agency, its agents or servants. 21. Late Bids

(i) Tenders will not be received after the specified time of closing of the tender and the same shall be rejected and returned unopened to the bidder. It is the sole responsibility of the tenderer to ensure timely submission of tender.

(ii) The tenderer shall quote the rate only in English or Hindi, both in words

and figures, in the manner as specified for every mentioned item separately.

(iii) In the case of illiterate tenderers, a witness should attest the tendered rate.

Rates quoted in words will have precedence over the rates quoted in figures.

(iv) All corrections, additions and alterations in the entries and tender papers

will be signed in full by the tenderer with date. No errors or overwriting shall be permissible unless signed by the tenderer with date.

(v) The tender shall contain the name, address of residence and place of

business of tenderer and shall be signed by the tenderer with his usual signature. Partnership firms shall furnish full names and addresses, in case of the authorised representative, a duly certified copy of the power of attorney, signs it in that behalf shall accompany the tender. In case of the partnership firm, attested true copy of the partnership deed must be submitted along with the tender. Similarly in case of company, the attested copy of Memorandum of Article &Association shall be submitted along with the tender document.

(vi) The tenderer shall certify and sign on each and every page of tender

document at the bottom left hand corner and also sign wherever required

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in the tender document as to his acceptance of each term and condition of the contract. All signatures in the tender document shall be dated.

(vii) Earnest Money shall be paid by Demand Draft drawn on any

Nationalized or Scheduled Bank drawn in favour of the MNRE as mentioned in the Notice Inviting Tender. Earnest Money in cash or in the form of cheque or in any other form will not be accepted.

(viii) Interest shall NOT be payable on the Earnest Money deposit. (ix) The Earnest Money of the successful tenderer will be adjusted towards

security deposit and of the unsuccessful tenderer will be refunded without interest within reasonable time after final decision of the tender, normally within six months from the date of opening of tenders.

23. Breach of Contract

The breach of contract is the failure or refusal to perform the said contract. Any breach of contract by one party to it gives the other party an immediate cause of action and a right to damages as compensation for loss following from the breach of contract. A breach occurs where a party to the contract repudiates or fails to perform one or more of the obligations imposed upon him by the contract. The failure to perform may take place when the time for performance has arrived or even before that. Thus, the "Breach of Contract" mentioned above covers (a) the Anticipatory Breach and (b) the Present Breach. 24. Terms of Payments

Payment shall be made to the Agency as per the following schedule:-

(i) 50% of the total contract value shall be released on award of contract after final selection of three-dimensional model of the proposed Tableau by the Expert Committee of Ministry of Defence.

(ii) 50% of the total contract price shall be paid after submission of the final bill after satisfactory completion and display of the Tableau, as detailed in the scope of work.

(iii) Deduction at source for income tax or any other tax as applicable shall be

made as per law. (iv) MNRE shall not be liable for any default of payment by the Agency to the

parties involved or engaged by it for this project. (v) MNRE will not bear any additional cost of any kind for any work that at

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the Agency may have to undertake in course of the project beyond agreed amount as per tender.

(vi) In case of default of any kind including failure to fulfil the terms and

conditions of the job agreement/tender, MNRE can forfeit the security deposit provided by the Agency.

(vii) A remuneration of Rs.40,000/- (Rupees Forty Thousand Only) shall be

paid to the Agency selected for preparation of Model by the Tender Evaluation Committee of MNRE in case Model is not finally selected by the Expert Committee of Ministry of Defence for Republic Day Parade.

MNRE reserves the right to reject/cancel the tender at any time without

assigning any reason. Proposals, complete in all respects, should be submitted to Under Secretary(I&PA), MNRE, Room No.907, Paryavaran Bhawan, CGO Complex, Lodi Road, New Delhi-110003. 25. Other Miscellaneous Conditions

(i) MNRE reserves the right to counter offer price against price quoted by the bidder.

(ii) MNRE reserves the right to disqualify such bidders for a suitable period

who fail to honour their bid without sufficient ground. (iii) The tenderer must read carefully all the terms, conditions and

specifications before filling up the tender schedule and his quotation. (iv) In respect of the matters pertaining to this contract, tenderer shall not

directly or indirectly bring or attempt to bring any political or outside influences or intervention through any association, union or organisation. All disputes, differences, clarifications etc. arising out of this contract will be represented by tenderer himself or by his legal representative at Delhi only.

(v) The Tenderer shall be bound by all terms, conditions and specifications as

detailed in this tender document. (vi) It may be noted that the tender notice is only for fixing a contract and

shall not be construed as invitation to bid for providing the job i.e. there is no guarantee for award of work without assigning any reason whatsoever may be.

(vii) Any tenderer participating in this tender should make sure that he will be

able to carry out the work in the contract.

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ANNEXURE-I

DECLARATION

I, __________________________________Son/Daughter/Wife of Shri__________________________________ Proprietor/Director/authorized signatory of the Agency/Firm/Organisation, mentioned above, is competent to sign this declaration and execute this tender document; 2. I have carefully read and understood all the terms and conditions of the tender and undertake to abide by them; 3. The information / documents furnished along with the above application are true and authentic to the best of my knowledge and belief. I / we, am / are well aware of the fact that furnishing of any false information / fabricated document would lead to rejection of my tender at any stage besides liabilities towards prosecution under appropriate law.

Signature of authorized person Full Name: Date: Place: Seal :

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ANNEXURE-II

DECLARATION REGARDING DOWNLOADED DOCUMENT I / We, Proprietor/ Partner(s)/ Director(s) of M/s. __________________________________________ hereby declare that I / We have not tampered the Tender Document No.502/11/2015-16/I&PA dated ……………… downloaded from the website of MNRE (http://mnre.gov.in). Signature --------------------------------- Name ----------------------------------- Name & address of the firm: ----------------------- ------------------------------------------------------- ------------------------------------------------------- ------------------------------------------------------- ------------------------------------------------------- -----------------------------------------------------

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ANNEXURE-III

DECLARATION REGARDING NEAREST RELATIVES I/ We declare, 1. That I or any of my partner am/is neither working in any capacity in anywhere in the MNRE, nor am/is removed/ dismissed from service of MNRE. 2. That none of my near relatives are working in any capacity in MNRE nor am/is removed/ dismissed from service of MNRE.

Or

The details of my near relatives working in MNRE are as under:

S.No.

Name and Address

Capacity in which working Office in which working

3. That in case of change of partners or change in constitution of the firm, I shall abide by the conditions of the contract and shall bring any change to the knowledge of the O/o Under Secretary (I&PA), MNRE, New Delhi immediately. 4. (i) That I /We shall intimate the names of persons working in MNRE related to our employees who are working with me /us in any capacity or are subsequently employed by me/us.

(ii) That none of my employees is a removed/dismissed employee of either any unit of MNRE. 5. That I/ We am/are aware that any breach of the condition would render the contract liable for termination along with cancellation of any other existing contracts and forfeiting of my/our Earnest Money Deposit /Security deposit held by Under Secretary (I&PA), MNRE, New Delhi.

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6. If at any time, it is found that the information given above is incorrect/ incomplete, the contract is liable to be terminated without assigning any reason and the Security Deposit shall be forfeited and legal actions shall be initiated without any prejudice to the rights of the O/o Under Secretary (I&PA), MNRE, New Delhi to debar the firm from entering into future contracts. Signature of authorized person Full Name: Date: Place: (Capacity in which he is signing)___________________ NOTE: The term “relatives” means wife/husband/parents and grandparents/children/ grandchildren / brothers/ sister /uncles/aunts/cousins and their corresponding in-laws.

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ANNEXURE-IV

TECHNICAL BID FORMAT

S.No. Description of Job Details of Documents being attached

substantiating the claim

1. Relevant experience of conceptualization of theme, fabrication and display of Republic Day Tableaux at the National level and State level.

2. Presentation on treatment of Theme and Quality of Fabrication Technique of Tableaux.

3. Award/commendations for fabricating Republic Day Tableaux.

4. Infrastructure and Financial status of the Organization (a) Details of manpower/key Professionals like Visualizers or Concept Director, Fabricators, etc. and materials of Company (b) Details of annual turnover for the last five years

5. Treatment suggested for the theme (A narrative explanation must be enclosed)

It is hereby certified that the information, as indicated above, is correct.

Signature Name of the person with designations Name of the Firm: Address: Tel. No. : Fax No. : Mobile No. :

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ANNEXURE-V

FINANCIAL BID FORMAT

I, authorized representative of the Agency/Firm/Organisation, hereby quote the rate inclusive of all incidental expenses and taxes for the following job of MNRE Tableau-2016 on behalf of my Agency/Firm/Organization :-

S.No. Description of Job Rate in figures and words

1. Conceptualizing, designing, structuring, fabricating and dismantling the Tableau of MNRE for participating in the Republic Day Parade 2016

These rates include all material, labour charges and incidental charges for

fabrication and Presentation of MNRE Tableau at Republic Day Parade-2016 at Raj Path, New Delhi.

I, undertake to abide by the terms & conditions as laid down in the Tender Document of Ministry of New and Renewable Energy, follow the instructions given by the Tender Evaluation Committee (MNRE) as well as Expert Committee of Ministry of Defence, Government of India, from time to time. Signature Name of the person with designation : Name of the Firm/Agency/Organisation : Address: Tel. No. : Fax No. Mobile No.

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ANNEXURE-VI

BANK GUARANTEE FORMAT On a stamp paper of minimum Rs-------------------- (From any Nationalized or Scheduled Bank) To

Under Secretary (I&PA), Ministry of New and Renewable Energy Room No.907, Paryavaran Bhawan, CGO Complex, Lodi Road, New Delhi-110003.

Dear Sir, In consideration of your agreeing to accept Bank Guarantee for Rs…………………… towards Security Deposit, Messrs. …………………..... Having its/ their office/ registered office at ……………………………….. (hereinafter called the contractor) towards Security Deposit for the due performance of the Contract entered into by them for the……………… ………… …… at …………………………… in accordance with the due fulfillment of the said Contract or of the terms and conditions contained therein, we hereby undertake and agree to indemnify and keep you indemnified to the extent of Rs. …………………….. (Rupees………… …………… …………. Only. In the event of any loss or damages, costs, charges or expenses caused to or suffered by you by reason of any breach of non-observance on the part of the Contractor of any of the terms and conditions contained in the said Contract, we shall on demand and without reference to the Contractor irrevocably and unconditionally pay you in full satisfaction of your demand the amounts claimed by you; provided that our liability under this guarantee Shall not at any time exceed Rs……………… (Rupees…… ……… ……… ………only). The guarantee herein contained shall remain in full force and effect till you certify that the terms and conditions of the said contract have been fully and properly carried out by the contractor, and that contractor has furnished necessary deposit or fresh guarantee towards his obligation during the Defect Liability Period of the works or till this guarantee is duly discharged by you in writing. We also agree that your decision as to whether the contractor has committed any breach or non-observance of the terms and conditions of the said Contract shall be final and binding on us.

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We undertake to pay to the Employer any money so demanded not withstanding any dispute or disputes raised by the contractors(s) in any suit or proceeding pending before any court or Tribunal relating thereto, our liability under this present being absolute and unequivocal. The payments made by us under this bond shall be a valid discharge of our liability for payment thereunder and the contractors(s) shall have no claim against us for making a payment. This guarantee shall continue to be in full force and effect upto and inclusive of ………………………………. Notwithstanding the above limitation, we shall honor and discharge the claims preferred by you within thirty days of the expiry of this guarantee. We shall not revoke this guarantee during its currency except with your previous consent in writing. This guarantee shall not be affected by any change in the constitution of our Bank or of the tenderer Agency. Your neglect or forbearance in the enforcement of the payment of any money, the payment whereof is intended to be hereby secured or the giving of time for the payment hereto shall in no way relieve us of our liability under this guarantee. Dated this …………………………….. Day of …………………………, 2013 Faithfully For (AUTHORISED SIGNATORY) Signature and seal of the bank

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ANNEXURE-VII

GUIDELINES OF MINISTRY OF DEFENCE FOR PREPARATION OF TABLEAUX PROPOSALS FOR PARTICIPATION IN THE

REPUBLIC DAY PARADE-2016 1. Selection Process

The Tableau proposals received from various organisations/Agencies are evaluated in a series of meetings of the Expert Committee consisting of prominent persons in the field of art, culture, painting, sculpture, music, architecture, choreography, etc. In the first phase of selection, the sketch/design of the proposals are scrutinized and suggestions, if considered necessary, are given to carry out modifications in the sketch/design. Once the sketches/designs are approved by the Committee, the participants are asked to come up with three-dimensional models of their proposals. However, entering into the model stage itself does not mean selection. The models are, thereafter, examined by the Committee for final selection depending upon various considerations. Not more than one tableau from an organization participates in the Parade.

Adequate time is given to the concerned Agencies to make arrangements for attending the meetings of the Expert Committee. Non-attendance in any meeting means withdrawal and concerned Agency will not be invited in subsequent meetings. All cost of attending the meetings is to be borne by the concerned Agency. All interaction with the Members of the Committee will be made by the official representative of the organization concerned. The artists/designers, etc. may accompany the official representative to suitably take note of the suggestions given by the Committee to carry out modifications in their respective sketch/design/model. They will, however, not directly interact with the members of the Expert Committee unless they are specifically authorized by the Committee to do so to explain any specific point. 2. Preparation of Sketch/Design

The sketch/design of the theme drawn (preferably in graph) on a scale of 1’:1” should be simple, colourful, easy to comprehend and should avoid statistical data and unnecessary details. It should be able to convey, whatever it presents, by itself and should not require any explanation, writing or elaboration. Writing or use of logos on Tableaux is not allowed except the name of States/UTs presenting which is allowed in Hindi in the front, in English on the back and in Regional language on the sides of the tableau. Similarly, in case of Ministries/Departments and other agencies, name of the Ministry/Department/organisation is to be given in Hindi in the front and in English on the back.

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Designs in virtual reality in the form of CD showing the various components

displayed from different angles, can also be presented. 3. Preparation of models

After the approval of the proposed sketch/design by the Expert Committee in its preliminary meetings, three-dimensional model of the proposed tableau would be prepared on the lines of the suggestions given by the Committee for further inspection. Final approval for participation would be accorded only after the models of the tableaux are finally selected by the Committee. 4. Points to be kept in view while drawing up the proposal

(i) One tractor and one trailer upon which a tableau would be fabricated, would be provided by the Ministry of Defence free of charges.

(ii) No additional tractor, trailer or other types of vehicles would be allowed to be used in the tableau. This aspect should be kept in mind while preparing the designs of the tableau proposals to be presented before the Central Expert Committee.

(iii) There is no objection to the use of vehicles other than tractor and trailers for fabrication of tableaux to give them a different look. But these vehicles will have to be arranged by the sponsoring authorities themselves. Under no circumstances, the total number of vehicles used in a tableau or the total number of distinguishable mobile components of a tableau would be more than two.

(iv) As far as possible, there should be some movement, sound and animation on the tableaux.

(v) The number of performers on the trailer would not be more than 10 persons. No performer is permitted to be on the tractor component of the tableau. Attractive ground element however can be considered on a limited number of tableaux only if it goes with the theme. These conditions are subject to modifications by MOD depending on the requirement of the tableau.

(vi) In case of tableau on cultural, historical/traditional themes, the colours,

designs, costumes, materials, etc. used should be authentic to present local flavour. The performers on the float or on ground should also look to be authentic in case any cultural or traditional event is being depicted.

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(vii) The sketch should clearly depict as to how the tractor pulling the tableau will be used as a part of the theme. Camouflaging the tractor should be in harmony with the main theme of the tableau. There should be a gap of about 6-7 feet between the tractor and the trailer and/or between two trailers for turning or manoeuvring. This should be taken into account while designing the tableau.

(viii) In case, a tableau is proposed to be integrated with a folk dance, it should

be ensured that the selected dance is a genuine folk dance and the costumes and musical instruments are traditional and authentic. The tableau and the dance should also have thematic unity. The strength of the dance party, excluding those who are to perform on the tableau, should not exceed 25 persons. The video clippings of dance may also be sent along with the proposals.

5. Dimensions

While preparing the sketches and subsequently, three-dimensional models, the following approximate dimensions of the trailers and tractors, which will be supplied to them for the fabrication of the Tableau, may be kept in view: Trailer Length : 24’ 8” Width : 8’ Height : 4’ 2” Load carrying capacity : 10 tons

The length, breadth and height of a single tableau should not exceed 45’, 14’ and 16’ (from the ground level) respectively. If it is proposed to use any other vehicles under own arrangements, particulars thereof should be indicated in the proposal. 6. Facilities to be provided by the Ministry of Defence

During the meetings of the Expert Committee, the facilities such as a PC, LCD Projector, DVD Player and an overhead projector would be made available by the Ministry of Defence. Should there be any other support requirement, the Ministry may be informed in advance.