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SELECTION OF EVENT MANAGEMENT

AGENCY FOR GIM 2012

VOLUME 1REQUEST FOR PROPOSAL

JANUARY 2012

Department of Commerce & Industries

Government of Karnataka

RequestforPropos

al


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Request for Proposal Document

Contents

Volume 1 Instruction to Bidders (ITB)

Volume 2 Draft Service Agreement


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Selection of Event Management Agency for GIM 2012

Request for ProposalInstructions to Bidders-Volume I

Karnataka Udyog Mitra, Department of Commerce & Industries, GoK 1

TABLE OF CONTENTS

S. No. Contents Page No.

1. Glossary 5

Disclaimer 6

1. INTRODUCTION.................................................................................................................................................. 51.1. BACKGROUND............................................................................................................................................... 51.2. BRIEF DESCRIPTION OF BIDDING PROCESS .......................................................................................................... 61.3. SCHEDULE OF BIDDING PROCESS....................................................................................................................... 8

2. INSTRUCTIONS TO BIDDERS .............................................................................................................................. 92.1. GENERAL TERMS OF BIDDING............................................................................................................................ 92.2. COST OF BIDDING........................................................................................................................................ 112.3. VERIFICATION OF INFORMATION ..................................................................................................................... 112.4. RIGHT TO ACCEPT AND TO REJECT ANY OR ALL PROPOSALS ................................................................................. 122.5. CONTENTS OF THE RFP ................................................................................................................................. 132.6. CLARIFICATIONS........................................................................................................................................... 142.7. AMENDMENT OF RFP .................................................................................................................................... 142.8. FORMAT AND SIGNING OF PROPOSAL............................................................................................................. 152.9. SEALING AND MARKING OF PROPOSAL............................................................................................................ 152.10. PROPOSAL DUE DATE.................................................................................................................................... 172.11. LATE PROPOSALS ......................................................................................................................................... 172.12. CONTENTS OF THE FINANCIAL PROPOSAL ......................................................................................................... 172.13. MODIFICATIONS/SUBSTITUTION/WITHDRAWAL OF PROPOSALS ........................................................................ 172.14. REJECTION OF PROPOSALS ............................................................................................................................ 182.15. VALIDITY OF PROPOSALS ............................................................................................................................... 182.16. CONFIDENTIALITY ......................................................................................................................................... 182.17. CORRESPONDENCE WITH THE BIDDER ............................................................................................................... 182.18. BID SECURITY............................................................................................................................................... 18

3. EVALUATION OF PROPOSALS ........................................................................................................................ 213.1. OPENING AND EVALUATION OF PROPOSAL ...................................................................................................... 213.2. TESTS OF RESPONSIVENESS............................................................................................................................. 213.3. EVALUATION OF ELIGIBILITY CRITERIA ............................................................................................................... 223.4. EVALUATION OF TECHNICAL PROPOSAL............................................................................................................ 233.5. SELECTION OF BIDDER ................................................................................................................................... 243.6. CONTACTS DURING PROPOSAL EVALUATION .................................................................................................... 253.7. PERFORMANCE SECURITY ............................................................................................................................... 25

4. FRAUD AND CORRUPT PRACTICES ................................................................................................................ 265. PRE-PROPOSAL CONFERENCE ........................................................................................................................ 28

Appendices

Appendix1 Letter of Bid................................................ ......................................... ................................. ...................................... .29

Appendix2 Power of Attorney for signing the Proposal.............................................................. ......................................... ...38

Appendix 3 Parameter for evaluation of the Technical Proposal...........................................................................................40

Appendix4 Format for Financial Proposal............................................... ......................................... .......................... ................41

Appendix 5 Format for Bank Guarantee.42


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GLOSSARY

Authority As defined in Clause 1.1.1

Assignment As defined in Clause 1.1.1Proposal(s) As defined in the Disclaimer

Bidders As defined in Clause 1.2.1Bidding Documents As defined in Clause 1.1.6

Proposal Due Date As defined in Clause 1.2.2

Bid Security As defined in Clause 1.2.4

Bid Validity Period As defined in Clause 2.18

Conflict of Interest As defined in Clause 2.1.11

Event Date As defined in draft Service Agreement

Event Management Agency As defined in Clause 1.1.2

Eligibility Criteria As defined in Clause 1.2.6 (B)

Financial Capacity As defined in Clause 3.3.2Highest Bidder As defined in Clause 1.2.7

Government Government of Karnataka

Instruction to Bidders (ITB) As defined in Clause 1.1.6

LOA As defined in Clause 3.5.5

PPP Public Private Partnership

Service Agreement As defined in Clause 1.1.2

Technical Capacity As defined in Clause 3.3.2

Tie Bidders As defined in Clause 3.5.2

Events As defined in Clause 1.1.1

Re. or Rs. or INR Indian Rupee

RFP or Request for Proposals As defined in the Disclaimer

The words and expressions beginning with capital letters and defined in this document shall, unless the context

otherwise requires, have the meaning ascribed thereto herein, shall, unless the context otherwise requires,

have the meaning ascribed thereto therein.


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DISCLAIMER

The information contained in this Request for Proposal document (the RFP) or subsequently provided to

Bidder(s), whether verbally or in documentary or any other form by or on behalf of the Authority or any of

their employees or advisors, is provided to Bidder(s) on the terms and conditions set out in this RFP and such

other terms and conditions subject to which such information is provided.

This RFP is not an agreement and is neither an offer nor invitation by the Authority to the prospective Bidders

or any other person. The purpose of this RFP is to provide interested parties with information that may be

useful to them in preparing their technical proposals and financial offers pursuant to this RFP (the "Proposal").

This RFP includes statements, which reflect various assumptions and assessments arrived at by the Authority in

relation to the Assignment. Such assumptions, assessments and statements do not purport to contain all the

information that each Bidder may require. This RFP may not be appropriate for all persons, and it is not

possible for the Authority, its employees or advisors to consider the investment objectives, financial situation

and particular needs of each party who reads or uses this RFP. The assumptions, assessments, statements and

information contained in this RFP may not be complete, accurate, adequate or correct. Each Bidder should,therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness,

reliability and completeness of the assumptions, assessments, statements and information contained in this RFP

and obtain independent advice from appropriate sources.

Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which depends upon

interpretation of law. The information given is not an exhaustive account of statutory requirements and should

not be regarded as a complete or authoritative statement of law. The Authority accepts no responsibility for

the accuracy or otherwise for any interpretation or opinion on law expressed herein.

The Authority, its employees and advisors make no representation or warranty and shall have no liability to

any person, including any Bidder or Bidder under any law, statute, rules or regulations or tort, principles ofrestitution 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, completeness or reliability 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 Bid Stage.

The Authority also accepts no liability of any nature whether resulting from negligence or otherwise

howsoever caused arising from reliance of any Bidder upon the statements contained in this RFP.

The Authority may in its absolute discretion, but without being under any obligation to do so, update, amend

or supplement the information, assessment or assumptions contained in this RFP.

The issue of this RFP does not imply that the Authority is bound to select a Bidder or to appoint the Selected

Bidder or EMA, as the case may be, for the Assignment and the Authority reserves the right to reject all or any

of the Bidders or Proposals without assigning any reason whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and submission of its Proposal

including but not limited to preparation, copying, postage, delivery fees, expenses associated with any

demonstrations or presentations which may be required by the Authority or any other costs incurred in


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connection with or relating to its Proposal. All such costs and expenses will remain with the Bidder and the

Authority shall not be liable in any manner whatsoever for the same or for any other costs or other expenses

incurred by a Bidder in preparation or submission of the Proposal, regardless of the conduct or outcome of

the Bidding Process.


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1. INTRODUCTION1.1. Background1.1.1. Karnataka Udyog Mitra (hereinafter referred to as KUM) is a Government of Karnataka

organization constituted under the aegis of the Industries and Commerce Department. KUM is an

initiative from the State to promote and facilitate investments and assist investors seeking business

opportunities in Karnataka. In order to promote investments in the State, the Government of

Karnataka organises Global Investors Meet (GIM) every two years. Government of Karnataka is

desirous to hold Global Investors Meet on 7th & 8th of June2012 or any other future date intimated by

KUM (herein after referred to as GIM 2012/ Event). Karnataka Udyog Mitra (herein after

referred to as KUM) intends to appoint an Event Management Agency to assist them in the

conduct of GIM 2012.

In pursuance of the above , Karnataka Udyog Mitra has decided to carry out the process for

selection of a Event Management Agency who shall be responsible for making all necessaryarrangements on behalf of KUM to make GIM 2012, a successful event (theAssignment).

1.1.2. The Selected Bidder who shall be a company incorporated under the Companies Act, 1956(hereinafter referred to as the Event Management Agency/EMA) will be responsible for making

all necessary arrangements on behalf of KUM to make GIM 2012, a successful event. EMA has to

carry out the assignment in accordance with the provisions of the service agreement (the Service

Agreement) to be entered into between EMA and KUM in the form provided by KUM and enclosed

as Volume-II of this Request for Proposal.

1.1.3. The scope of Services of EMA will broadly include undertaking of Pre Event activities, activities duringthe Event and post Event activities set out in detail as per Schedule 1 to this ITB and such otherservices mentioned in Service Agreement.

1.1.4. The draft Service Agreement sets forth the detailed terms and conditions for grant of the right toEMA, including the scope of EMAs services and obligations.

1.1.5. The statements and explanations contained in this RFP are intended to provide a properunderstanding to the Bidders about the subject matter of this RFP and should not be construed or

interpreted as limiting in any way or manner the scope of services and obligations of EMA set forth

in the draft Service Agreement or KUMs rights to amend, alter, change, supplement or clarify the

scope of work, the Right to be awarded pursuant to this RFP or the terms thereof or herein contained.

Consequently, any omissions, conflicts or contradictions in the Bidding Documents including this VolumeI Instructions to Bidders are to be noted, interpreted and applied appropriately to give effect to this

intent, and no claims on that account shall be entertained by KUM.

1.1.6. KUM shall receive Proposals pursuant to this RFP in accordance with the terms set forth in this RFP andother documents to be provided by KUM pursuant to this RFP (collectively the "Bidding Documents"),

as modified, altered, amended and clarified from time to time by KUM, and all Proposals shall be

prepared and submitted in accordance with such terms.


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1.2. Brief Description of Bidding Process1.2.1. KUM has adopted a single stage process (the Bidding Process) for selection of the bidder for

award of the Assignment and invites Proposals from eligible parties (Bidders), for the Assignment

in accordance with the terms of this RFP.

1.2.2. The Biddersare requested to submit their Proposals in accordance with the Bidding Documents. TheProposal shall be valid for a period of not less than 90 (Ninety) days from the due date specified in

Clause 1.3 for submission of Proposals (the Proposal Due Date).

1.2.3. The Bidding Documents includes the Instructions to Bidder and draft Service Agreement for theAssignment. The Bidding Documents and any addenda issued subsequent to this RFP, but before the

Proposal Due Date, will be deemed to form part of the Bidding Documents

1.2.4. The Bidders are required to submit, along with its Proposal, a bid security (Bid Security) for theAssignment.

1.2.5. Bidders are invited to carry out, at their cost, such studies as may be required for submitting theirrespective Proposals for award of the Assignment.

1.2.6.(A) Bidders would need to submit the following sets of documents (one original and one copy) as partof their Proposal.

I. Documents mentioned in Clause 2.9.2 - Key SubmissionsII. Document as mentioned in Clause 2.9.2 - Qualification Submission, relating to

technical capacity(Technical Capacity) and financial capacity (Financial Capacity) of

the Bidder

III. Technical Proposal as mentioned in Clause2.9.2Technical ProposalIV. Financial Proposal as mentioned in Clause 2.9.2 - Financial Proposal

1.2.6 (B) The evaluation of the Proposal submissions would be carried out in the following four stages.

a. Stage I: First stage would involve a test of responsiveness based on the Key Submissions.Those Proposals found to be substantially responsive would be evaluated in the next stage

i.e. the Qualification Stage.

b. Stage II: In the second stage, the evaluation of the information furnished by the Biddersrelating to their eligible experience comprising Technical Capacity and Financial Capacity

(Eligibility Criteria) would be undertaken as per Clause 3.3 of the RFP. Bidders who meetthe Eligibility Criteria would be considered for evaluation of their Technical Proposal.

c. Stage III: In the third stage, the Technical Proposal of the Bidders would be assessed andmarked as per Clause 3.4.1 of RFP. Those Bidders scoring 70 marks and above would be

declared as Technically Qualified Bidders and shall qualify for the next stage of evaluation.


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d. Stage IV: In the fourth stage, the Financial Proposals of the Technically Qualified Bidderswill be opened for identifying the Selected Bidder.

1.2.7. Financial Proposals are invited for the Assignment on the basis of the highest Premium (Premium)offered by the Bidder to KUM. A Bidder may instead of offering a Premium, seek a grant (theGrant) required by a Bidder for implementing the Assignment. .KUM Subject to the terms of this

RFP, the Assignment will be awarded to the Bidder quoting the highest Premium, and in the event that

no Bidder offers a Premium, then to the Bidder seeking the lowest Grant.

In this RFP, the term Highest Bidder shall mean the Bidder who is offering the highest Premium and

where no Bidder is offering a Premium, the Bidder seeking the lowest Grant.

1.2.8. Generally the Highest Bidder shall be the Selected Bidder. The remaining Bidders shall be kept inreserve and may, in accordance with the process specified in this RFP and as explained in Clause

3.5.3, be invited to match the Financial Proposal submitted by the Highest Bidder in case such Highest

Bidder withdraws or is not selected for any reason. In the event that none of the other Bidders matchthe Proposal of the Highest Bidder, KUM may, in its discretion, either invite fresh Financial Proposals

from all Bidders or annul the Bidding Process, as the case may be.

1.2.9. EMA shall be entitled to levy, collect and retain the stall rentals, sponsorship/ advertising fee andany other revenues accruing from GIM 2012.

1.2.10.Any queries or request for additional information concerning this RFP shall be submitted in writing orby fax and e-mail to the officer designated in Clause 2.9.6 below. The envelopes/ communication

shall clearly bear the following identification/ title:

Queries/Request for Additional Information: RFP for Selection of Event Management Agency GIM2012.


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1.3. Schedule of Bidding ProcessKUM shall endeavour to adhere to the following schedule:

SNo Event Description Date

1. Proposal Due Date (PDD) 1600 hours, on the date asindicated in the Notice Inviting

Tender

2. Opening of Proposals 1700 hours, on the date asindicated in the Notice Inviting

Tender

3. Letter of Award (LOA) Within 20 days of PDD4. Validity of Bids 90 days from Proposal Due Date5. Signing of the Service Agreement Within 15 days of the

acknowledgement of the LOA


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2. INSTRUCTIONS TO BIDDERSA. GENERAL2.1. General terms of Bidding2.1.1. A Bidder is eligible to submit only one Proposal for the Assignment.The Bidder shall be a single Entity.

An Entity shall be a Company incorporated under the Companies Act 1956. Group of entities

bidding as a consortium or Joint Venture are not allowed under this Bidding Process.

2.1.2. Unless the context otherwise requires, the terms not defined in this Instructions to Bidders, but definedin the draft Service Agreement shall have the meaning assigned thereto in the Service Agreement .

2.1.3. Notwithstanding anything to the contrary contained in this RFP, the detailed terms specified in thedraft Service Agreement shall have overriding effect; provided, however, that any conditions or

obligations imposed on the Bidder hereunder shall continue to have effect in addition to itsobligations under the draft Service Agreement.

2.1.4. The Financial Proposal should be furnished in the format provided at Appendix-IV clearly indicatingthe Premium or the Grant amount, as the case may be, in both figures and words, in Indian Rupees,

and signed by Bidders authorised signatory. In the event of any difference between figures and

words, the amounts indicated in words shall be taken into account.

2.1.5. The Financial Proposal shall consist of a Premium or a Grant, as the case may be, to be quoted bythe Bidder. Grant shall be payable by KUM to EMA and the Premium shall be payable by EMA to

KUM, as the case may be, as per the terms and conditions of this RFP and the provisions of the Service

Agreement. The Premium or the Grant, as the case may be quoted by the Bidder shall be inclusive ofall taxes including service tax.

2.1.6. The Bidder shall deposit a Bid Security of Rs.30,00,000/- (Rupees Thirty Lakhs) as per clause 1.2.4and 2.18 and in accordance with the provisions of this Instruction to Bidders. The Bidder will have an

option to provide the Bid Security in the form of Demand Draft or Bank Guarantee. The Demand

Draft shall be issued by a Nationalized Bank, or a Scheduled Bank in India, in favour of Managing

Director, Karnataka Udyog Mitra payable at Bangalore. The Bank Guarantee shall be from any

Nationalised Bank or a Scheduled Bank and the same shall be valid for a period not less than 180

days from the Bid Due Date, inclusive of claim period of 60 days. The format for submission of Bank

Guarantee is provided as AppendixV.

2.1.7. The Bidder should submit a Power of Attorney as per the format at Appendix II, authorising thesignatory of the Proposal to commit the Bidder.

2.1.8. Any condition or qualification or any other stipulation contained in the Proposal submission shallrender the Proposal submission liable to rejection as a non-responsive Proposal submission.


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2.1.9. The Proposal submission and all related correspondence and documents in relation to the BiddingDocuments shall be in English language. Supporting documents and printed literature furnished by

the Bidder with the Proposal may be in any other language provided that they are accompanied by

appropriate translations of the pertinent passages in the English language, duly authenticated and

certified by the Bidder. Supporting materials, which are not translated into English, may not be

considered. For the purpose of interpretation and evaluation of the Proposal, the English language

translation shall prevail.

2.1.10.The Bidding Documents including this RFP and all attached documents are and shall remain theproperty of KUM and are transmitted to the Bidders solely for the purpose of preparation and the

submission of a Proposal in accordance herewith. Bidders are to treat all information as strictly

confidential and shall not use it for any purpose other than for preparation and submission of their

Proposal. KUM will not return any Proposal or any information provided along therewith.

2.1.11.A Bidder shall not have a conflict of interest (the Conflict of Interest) that affects the BiddingProcess. Any Bidder found to have a Conflict of Interest shall be disqualified. In the event of

disqualification, KUM shall forfeit and appropriate the Bid Security or Performance Security, as the

case may be, as mutually agreed genuine loss and damages likely to be suffered and incurred by

KUM and not by way of penalty for, inter alia, the time, cost and effort of KUM, including

consideration of such Bidders proposal (the Damages), without prejudice to any other right or

remedy that may be available to KUM hereunder and/ Service Agreement or otherwise. Without

limiting the generality of the above, a Bidder shall be considered to have a Conflict of Interest that

affects the Bidding Process, if:

a. such Bidder (or any constituent thereof) and any other Bidder (or any constituent thereof)have common controlling shareholders or other ownership interest; provided that this

qualification shall not apply in cases where the direct or indirect shareholding in a Bidder ora constituent thereof in the other Bidder(s) (or any of its constituents) is less than 25% of its

paid up and subscribed capital; or

b. a constituent of such Bidder is also a constituent of another Bidder; orc. such Bidder has the same legal representative for purposes of this Proposal as any other

Bidder; or

d. such Bidder, or any Associate thereof, has a relationship with another Bidder or anyAssociate thereof, directly or through common third parties, that puts them in a position to

have access to each others information about, or to influence the Proposal of either or each

of the other Bidder; or such Bidder or any Associate thereof has participated as a consultant

to KUM in the preparation of any documents, design or technical specifications of the

Assignment

2.1.12.This RFP is not transferable.2.1.13.The award of Assignment pursuant to this RFP shall be subject to the terms of Bidding Documents.


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2.1.14.Any entity which has been barred by the Central/ State Government, or any entity controlled bythem, from participating in any Assignment (BOT or otherwise), and the bar subsists as on the date of

Proposal, would not be eligible to submit a Proposal.

2.1.15.A Bidder should, in the last three years, have neither failed to perform on any contract, as evidencedby imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or

arbitration award against the Bidder, nor been expelled from any Assignment or contract nor have

had any contract terminated for breach by such Bidder.

2.1.16.The following conditions shall be adhered to while submitting a Proposal:a. Bidders should attach clearly marked and referenced continuation sheets in the event that the

space provided in the prescribed forms in the Annexes is insufficient. Alternatively, Bidders

may format the prescribed forms making due provision for incorporation of the requested

information;

b. information supplied by a Bidder must apply to the Bidders named in the Proposal;c. Bidders should demonstrate their Eligibility Criteria in accordance with Clause 3.3 below.

2.2. Cost of Bidding2.2.1. The Bidders shall be responsible for all of the costs associated with the preparation of their Proposals

and their participation in the Bidding Process. KUM will not be responsible or in any way liable for

such costs, regardless of the conduct or outcome of the Bidding Process.

2.3. Verification of information2.3.1. It shall be deemed that by submitting a Proposal, the Bidder has:

a. made a complete and careful examination of the Bidding Documents;b. received all relevant information requested from KUM;c. visited the venue and has ascertained for himself the venue conditions, location, internal layout,

surroundings, availability of power, water and other utilities, access to site, handling and

storage of materials, applicable laws and regulations, and any other matter considered

relevant by them;

d. acknowledged and accepted the risk of inadequacy, error or mistake in the informationprovided in the Bidding Documents;

e. satisfied itself about all matters, things and information necessary and required for submitting aninformed Proposal, execution of the Assignment in accordance with the Bidding Documents and

performance of all of its obligations there under;


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f. acknowledged and agreed that inadequacy, lack of completeness or incorrectness ofinformation provided in the Bidding Documents shall not be a basis for any claim for

compensation, damages, extension of time for performance of its obligations, loss of profits etc.

from KUM, or a ground for termination of the Service Agreement ;

g. acknowledged that it does not have a conflict of interest; andh. agreed to be bound by the undertakings provided by it under and in terms hereof.

2.3.2. KUM shall not be liable for any omission, mistake or error on the part of the Bidder in respect of anyof the above or on account of any matter or thing arising out of or concerning or relating to RFP, the

Bidding Documents or the Bidding Process, including any error or mistake therein or in any

information or data given by KUM.

2.4. Right to accept and to reject any or all Proposals2.4.1. Notwithstanding anything contained in this RFP, KUM reserves the right to accept or reject any

Proposal and to annul the Bidding Process and reject all Proposals at any time without any liability

or any obligation for such acceptance, rejection or annulment, and without assigning any reasons

thereof.

2.4.2. KUM reserves the right to reject any Proposal and appropriate the Bid Security if:a. at any time, a material misrepresentation is made or uncovered, orb. the Bidder does not provide, within the time specified by KUM, the supplemental information

sought by KUM for evaluation of the Proposal.

Such misrepresentation/ improper response shall lead to the disqualification of the Bidder. If such

disqualification / rejection occurs after the Proposals have been opened and the Selected Bidder

gets disqualified / rejected, then KUM reserves the right to:

(i) Invite the remaining Bidders to match the Highest Bidder and submit Proposal in accordance with

Instruction to Bidders; or

(ii) Take any such measure as may be deemed fit in the sole discretion of KUM, including annulment

of the Bidding Process.

2.4.3. In case it is found during the evaluation or at any time before signing of the Service Agreement orafter its execution and during the period of subsistence thereof, including the Assignment thereby

granted by KUM, that one or more of the qualification conditions have not been met by the Bidder or

the Bidder has made material misrepresentation or has given any materially incorrect or false

information, the Bidder shall be disqualified forthwith if not yet appointed as the EMA either by issue

of the LOA or entering into of the Service Agreement , and if the Bidder has already been issued the


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LOA or has entered into the Service Agreement, as the case may be, the same shall, notwithstanding

anything to the contrary contained therein or in this RFP, be liable to be terminated, by a

communication in writing by KUM to the Bidder, without KUM being liable in any manner whatsoever

to the Bidder or EMA, as the case may be. In such an event, KUM shall forfeit and appropriate the Bid

Security or Performance Security, as the case may be, as mutually agreed genuine pre-estimated

compensation and damages payable to KUM for, inter alia, time, cost and effort of KUM, without

prejudice to any other right or remedy that may be available to KUM.

2.4.4. KUM reserves the right to verify all statements, information and documents submitted by the Bidderin response to the RFP. Failure of KUM to undertake such verification shall not relieve the Bidder of its

obligations or liabilities hereunder nor will it affect any rights of KUM thereunder.

B. DOCUMENTS

2.5. Contents of the RFP2.5.1. This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below, and will

additionally include any Addenda issued in accordance with Clause 2.7.

Volume 1- Invitation for Proposals

Section 1. Introduction

Section 2. Instructions to Bidders

Section 3. Evaluation of Proposals

Section 4. Fraud and Corrupt Practices

Section 5. Pre- Proposal Conference

Section 6. Miscellaneous

Appendices

I. Letter of Proposal

II. Power of Attorney for signing of Proposal

III. Guidelines for Conceptual Plan of the Technical Proposal

IV. Format for Financial Proposal

Annexes to Appendix I

Annex IDetails of Bidder

Annex II - Technical Capacity of the Bidder

Annex IIAFormat for Certificate from Statutory Auditor / ClientAnnex IIIFinancial Capacity of the Bidder

Annex IIIA - Format for Certificate from Statutory Auditor / Client

Schedule 1Scope of Services

Volume-2 Draft Service Agreement


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The draft Service Agreement to be provided by KUM as part of the Bid Documents shall be

deemed to be part of this RFP.

2.6. Clarifications2.6.1. Bidders requiring any clarification on the RFP may notify KUM in writing or by fax and e-mail to the

address provided in Clause 2.9.6. They should send in their queries before the Proposal Due Date.

KUM shall endeavour to respond to the queries within 7 (seven) days prior to the Proposal Due Date.

The responses will be uploaded on the website www.kumbangalore.com. KUM will upload the

queries and responses thereto, without identifying the source of queries.

2.6.2. KUM shall endeavour to respond to the questions raised or clarifications sought by the Bidders.However, KUM reserves the right not to respond to any question or provide any clarification, in its

sole discretion, and nothing in this Clause shall be taken or read as compelling or requiring KUM torespond to any question or to provide any clarification.

2.6.3 KUM may also on its own motion, if deemed necessary, issue interpretations and clarifications to all

Bidders. All clarifications and interpretations issued by KUM shall be deemed to be part of the

Bidding Documents. Verbal clarifications and information given by Authority or its employees or

representatives shall not in any way or manner be binding on KUM.

2.6.4 KUM will not, consider any request of the Selected Bidder for substitution of Personnel. However

substitution will be considered if the Personnel are not available for reasons of any incapacity or due

to health, subject to equally or better qualified and experienced personnel being provided by EMA

to the satisfaction of KUM. KUM expects all the Personnel to be available during the AgreementPeriod. Substitution of the Team Leader will not be considered and may lead to disqualification of

the Applicant or termination of the Agreement. KUM will not consider any request of the Selected

Bidder for substitution of Authorised Signatory prior to execution of Agreement. Substitution will,

however, be permitted if the Authorised Signatory is not available for reasons of any incapacity or

due to health.

2.7. Amendment of RFP2.7.1. At any time prior to the deadline for submission of Proposals, KUM may, for any reason, whether at

its own initiative or in response to clarifications requested by a Bidder, modify the RFP by the

issuance of Addenda.

2.7.2. KUM may also on its own motion, if deemed necessary, issue interpretations and clarifications to allBidders.

2.7.3. In order to afford the Bidders a reasonable time for taking an Addendum into account, or for anyother reason, KUM may, at its own discretion, extend the Proposal Due Date.


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C. PREPARATION AND SUBMISSION OF PROPOSALS

2.8. Format and Signing of Proposal2.8.1. The Bidder shall provide all the information sought under this RFP. KUM will evaluate only those

Proposals that are received in the required formats and complete in all respects. Incomplete and/or

conditional Proposals shall be liable to rejection`.

2.8.2. The Proposal and its copy shall be typed or written in indelible ink and signed by the authorisedsignatory of the Bidder who shall also initial each page, in black / blue ink. In case of printed and

published documents, only the cover shall be initialled. All the alterations, omissions, additions or any

other amendments made to the Proposal shall be initialled by the person(s) signing the Proposal.

2.9. Sealing and Marking of Proposal2.9.1. The Bidder shall submit all the documents sought under the RFP, in the format specified in Clause

2.9.2.

2.9.2. The documents shall be marked as indicated below:Envelope 1: Key Submissions

a. A Demand Draft of Rs. 10,000/- (Rupees Ten Thousand only) towards the cost of the RFPDocument. The Demand Draft shall be from a Nationalized Bank or a Scheduled Bank1 in India

drawn in favour of Managing Director, Karnataka Udyog Mitra.

b. Letter of Proposal in the format provided in Appendix - I along with Annexe -I;c. Power of Attorney for signing of Proposal in the prescribed format (Appendix II);d. A copy of Certificate of Incorporation and a copy of Memorandum and Articles of Association

of the Bidder;

e. Copies of Bidders duly audited annual reports for the preceding three yearsf. Bid Security in the form of Bank Guarantee in the prescribed format (Appendix - V) or Demand

Draft

g. A copy of the draft Service Agreement with each page initialled by the person signing theProposal in pursuance of the Power of Attorney referred to in sub-clause (b) hereinabove.

Envelope 2Qualification Submission

1excluding Co-operative Banks


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Technical Capacity of the Bidder in the format provided at Annex II of Appendix I, along with

Certificate from Statutory Auditor / Client in the format provided at Annex II A of Appendix I.

Financial Capacity of the Bidder in the format provided at Annex III of Appendix I, along with

Certificate from Statutory Auditor / Client in the format provided at Annex III A of Appendix - I.

Envelope 3 - Technical Proposal

The Technical Proposal of the Bidders for the Assignment shall be submitted as per the format

provided at Appendix - III of this RFP.

Envelope 4- Financial Proposal

Financial Proposal, consisting of the financial offer of the Bidders for the Assignment shall be

submitted as per the format provided at AppendixI V

2.9.3. The Bidder submitting the document comprising Key Submission, Qualification Submission,Technical Proposal and Financial Proposal shall seal the same in four separate envelops and shall

mark the envelops as Key Submission, Qualification Submission,Technical Proposal and

Financial Proposal respectively. These envelopes shall be placed in an outer envelope and

marked Original of Proposal forSelection of Event Management Agency for GIM 2012.

2.9.4. Bidder should submit a true copy of the Bid Documents comprising the Key Submissions,Qualification Submission, Technical Proposal and Financial Proposal as specified in

Clause 2.9.2 above, in four separate envelopes. Each page thereof shall be initialled by the

authorised signatory. The envelopes shall be sealed and marked as Copy of Key Submissions,Copy of Qualification Submissions, Copy of Technical Proposal and Copy of Financial

Proposal respectively. These envelopes shall be placed in an outer envelope and marked Copy of

Proposal forSelection of Event Management Agency for GIM 2012.

2.9.5. The two envelopes specified in Clause 2.9.3 and 2.9.4 above shall be placed in an outer envelope,which shall be sealed and clearly bear the following identification:

Proposal for Selection ofEvent Management Agency for GIM 2012

and shall also clearly indicate the name and address of the Bidder. In addition, the Proposal Due

Date should be indicated on the right hand top corner of each of the envelopes.

2.9.6. The envelope shall be addressed to:ATTN. OF: Managing Director

ADDRESS: iDeCK, # 39, Infra House,5th Cross, 8th MainRMV Extension, Sadashiv Nagar,


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Bangalore 560080Phone: Tel.:+91 80 43448000Email:[email protected];[email protected]

2.9.7. If the envelope are not sealed and marked as instructed above, Authority assumes no responsibilityfor the misplacement or premature opening of the contents of the Proposal submitted.

2.9.8. Proposals submitted by fax, telex, telegram or e-mail shall not be entertained and shall be rejected.2.9.9. Authority reserves the right to seek original documents for verification of any of the documents or any

other additional documents upon opening of the Bidding Documents.

2.10. Proposal Due Date2.10.1.The Proposals should be submitted on or before 1600 hours IST on the Proposal Due Date at the

address provided in Clause 2.9.6 in the manner and form as detailed in this RFP. A receipt thereofshould be obtained from the office of the person specified at Clause 2.9.6.

2.10.2.KUM may, in its sole discretion, extend the Proposal Due Date by issuing an Addendum in accordancewith Clause 2.7 uniformly for all Bidders.

2.11. Late ProposalsProposals received by KUM after the specified time on the Proposal Due Date shall not be eligible

for consideration and shall be summarily rejected.

2.12. Contents of the Financial Proposal2.12.1.The Financial Proposal shall be submitted in the format at Appendix IV. The Financial Proposal shall

consist of a Premium or a Grant, as the case may be, to be quoted by the Bidder. The Bidder shall

specify (in Indian rupees) the Premium or Grant, as the case may be, offered by him or required by

him, as the case may be, to undertake the Assignment in accordance with this RFP and the provisions

of the Service Agreement. The Grant or the Premium, as the case may be, quoted by the Bidder shall

be inclusive of all taxes including service tax.

2.12.2.The opening of Proposals and acceptance thereof shall be substantially in accordance with this RFP.2.12.3.

The proposed Service Agreement shall be deemed to be part of the Financial Proposal.

2.13. Modifications/ Substitution/ Withdrawal of Proposals2.13.1.The Bidder may modify, substitute or withdraw its Proposal after submission of the Proposals prior to

Proposal Due Date. No Proposal shall be modified, substituted or withdrawn by the Bidder after the

Proposal Due Date. Provided that the Bidder may withdraw the Proposal prior to Proposal Due Date

only by a written notice of withdrawal to KUM.
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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2.13.2.The modification, substitution or withdrawal of the documents submitted in accordance with theClause 2.9.3 shall be effected by sending a written notice to Authority and shall be prepared,

sealed, marked, and delivered in accordance with Clause 2.9, with the envelopes being additionally

marked MODIFICATION, SUBSTITUTION or WITHDRAWAL, as appropriate.

2.13.3.Any alteration/ modification in the Proposal or additional information supplied subsequent to theProposal Due Date, unless the same has been expressly sought for by Authority, shall be

disregarded.

2.14. Rejection of Proposals2.14.1.KUM reserves the right to accept or reject all or any of the Proposals without assigning any reason

whatsoever. It is not obligatory for KUM to accept any Proposal or to give any reasons for their

decision.

2.14.2.KUM reserves the right not to proceed with the Bidding Process at any time, without notice or liability,and to reject any Proposal without assigning any reasons.

2.15. Validity of ProposalsThe Proposals shall be valid for a period of not less than 90 (Ninety) days from the Proposal Due

Date (Proposal Validity Period). The Proposal Validity Period may be extended by mutual consent

of the respective Bidders and KUM.

2.16. ConfidentialityInformation relating to the examination, clarification, evaluation and recommendation for theBidders shall not be disclosed to any person who is not officially concerned with the process or is not

a retained professional advisor advising KUM in relation to, or matters arising out of, or concerning

the Bidding Process. KUM will treat all information, submitted as part of the Proposal, in confidence

and will require all those who have access to such material to treat the same in confidence. KUM may

not divulge any such information unless it is directed to do so by any statutory entity that has the

power under law to require its disclosure or is to enforce or assert any right or privilege of the

statutory entity and/ or KUM.

2.17. Correspondence with the BidderKUM shall not entertain any correspondence with any Bidder in relation to acceptance or rejection ofany Proposal.

D. BID SECURITY

2.18. Bid Security


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2.18.1.The Bid Security referred in Clause 1.2.4 hereinabove shall be submitted in the form of a demanddraft issued by a Scheduled Bank/ Nationalised Bank in India, drawn in favour of Managing

Director, Karnataka Udyog Mitra and payable at Bangalore (the Demand Draft). The Bid

Security can also be in the form of Bank Guarantee issued by a Nationalized Bank, or a Scheduled

Bank in India, in favour of Managing Director, Karnataka Udyog Mitra in the format at Appendix

V(the Bank Guarantee) and having a validity period of not less than 180 (one hundred and

eighty) days from the Bid Due Date, inclusive of a claim period of 60 (sixty) days and may be

extended by the Bidder from time to time. In case the Bank Guarantee is issued by a foreign bank

outside India, confirmation of the same by any nationalized bank/ Scheduled Bank in India is

required. For the avoidance of doubt, Scheduled Bank shall mean a bank as defined under Section

2(e) of the Reserve Bank of India Act, 1934.

2.18.2.KUM shall not be liable to pay any interest on the Bid Security deposit so made and the same shallbe interest free.

2.18.3.Any Proposal not accompanied by the Bid Security shall be rejected by KUM as non responsive.2.18.4.Save as provided in Clause 1.2.4, the Bid Security of unsuccessful Bidders will be returned by KUM,

without any interest, as promptly as possible or on acceptance of the Proposal in the case of the

Selected Bidder or when the Bidding process is cancelled by KUM.

2.18.5.The Selected Bidders Bid Security will be returned, without any interest, upon the Bidder signing theService Agreement and furnishing the Performance Security in accordance with the provisions

thereof. KUM may, at the Selected Bidders option, adjust the amount of Bid Security in the amount of

Performance Security to be provided by him in accordance with the provisions of the Service

Agreement.

2.18.6.KUM shall be entitled to forfeit and appropriate the Bid Security as mutually agreed genuinepre-estimated compensation / damages to KUM in any of the events specified in Clause 2.18.7

herein below. The Bidder, by submitting its Proposal pursuant to this RFP, shall be deemed to have

acknowledged and confirmed that KUM will suffer loss and damage on account of withdrawal of its

Proposal or for any other default by the Bidder during the Proposal Validity Period. No relaxation

of any kind on Bid Security shall be given to any Bidder.

2.18.7.The Bid Security shall be forfeited and appropriated by KUM as mutually agreed genuinepre-estimated compensation and damages payable to KUM for, inter alia, time, cost and effort of

KUM without prejudice to any other right or remedy that may be available to KUM hereunder or

otherwise, under the following conditions:a. If a Bidder submits a non-responsive Proposal;b. If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice, undesirable

practice or restrictive practice as specified in Section 4 of this RFP;

c. If a Bidder withdraws its Proposal during the period of Proposal validity as specified in this RFPand as extended by the Bidder from time to time;

d. In the case of Selected Bidder, if it fails within the specified time limit -i) to sign the Service Agreement and/or


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ii) to furnish the Performance Security within the period prescribed therefore in the Service

Agreement ; or

e. In case the Selected Bidder, having signed the Service Agreement, commits any breach thereofprior to furnishing the Performance Security.


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3. EVALUATION OF PROPOSALS3.1. Opening and Evaluation of Proposal3.1.1. KUM shall open the Proposals as per the Schedule of Bidding process specified in Clause 1.3, at the

place specified below and in the presence of the Bidders who choose to attend.

Address:

iDeCK, # 39, Infra House,5th Cross, 8th MainRMV Extension, Sadashiv Nagar,Bangalore 560080

3.1.2. KUM will examine and evaluate the Proposals in accordance with the provisions set out in this Section3.

3.1.3. To facilitate evaluation of Proposals, KUM may, at its sole discretion, seek clarifications in writingfrom any Bidder regarding its Proposal.

3.1.4. Any information contained in the Proposal shall not in any way be construed as binding on KUM, itsagents, successors or assigns, but shall be binding against the Bidder if the Assignment are

subsequently awarded to it under the Bidding Process on the basis of such information.

3.1.5. KUM reserves the right not to proceed with the Bidding Process at any time without notice or liabilityand to reject any Proposal without assigning any reasons.

3.2. Tests of responsiveness3.2.1. Prior to evaluation of Proposals, KUM shall determine whether each Proposal is responsive to the

requirements of the RFP. A Proposal shall be considered responsive only if:

a. It is accompanied by a non-refundable Demand Draft towards cost of RFP document;b. it is received as per the format at Appendix - I and its Annexure;c. it is received by the Proposal Due Date including any extension thereof pursuant to Clause

2.10.2;

d. it is submitted as stipulated in Clauses 2.9;e. It is signed and marked as stipulated in clauses 2.8 and 2.9.f. it is accompanied by valid Bid Security;g. it is accompanied by the Power of Attorney as specified in Clauses 2.1.7;h. it contains all the information (complete in all respects) as requested in this RFP and/or Bidding

Documents (in formats same as those specified);

i. it provides information in reasonable detail. (Reasonable Detail means that, but for minordeviations, non material, nonconformities, the information can be reviewed and evaluated by

Authority without communication with the Bidder). Authority reserves the right to determine

whether the information has been provided in reasonable detail;


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j. it does not contain any condition or qualification; andk. it is not non-responsive in terms hereof.

3.2.2. KUM reserves the right to reject any Proposal which is non-responsive and no request for alteration,modification, substitution or withdrawal shall be entertained by KUM in respect of such Proposal.

3.3. Evaluation of Eligibility Criteria3.3.1. The Bidders eligibility and capacity (Eligibility Criteria) is proposed to be established by the

following parameters:

(a) Technical Capacity;

(b) Financial Capacity

3.3.2. (A) Technical CapacityThe Bidder should have conducted at least 3 (three) Events during the last 3 (three) Financial Years

preceding Proposal Due Date.

For the Purpose of this RFP:

Event would be deemed to include:

Seminars, workshops, conferences, exhibitions, forums, enclaves or any combination of the same

related to fields of Infrastructure Sectors, financing, investments or any other similar field for a

government (State/Central Government or any government of foreign country) or their agencies.

Comprising at least 5000 delegates, having minimum 50 exhibitors, and atleast 10,000

participants (including delegates, exhibitors, speakers, cultural program participants etc).

(B) Financial Capacity

a. Average TurnoverThe Bidder should have an Average Annual Turnover of Rs. 10, 00,00,000/- ( Rupees Ten

Crores only) in the last three completed financial years [ with not less than Rs.5,00,00,000/-

(Rupees Five Crores) in each financial year] preceding Proposal Due Date.

3.3.3. Supporting Documents to be submitted by the Biddera. The Bidder should furnish the details of eligible Events relating to Technical Capacity as per

format at Annex-II of Appendix - I.

b. The Bidders must provide the necessary information relatingto Financial Capacity as per formatat Annex - III of Appendix I.

c. The Proposal must be accompanied by the Audited Annual Reports of the Bidder for the last 3(three) financial years, preceding the year in which the Proposal is made.


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d. In case the annual accounts for the latest financial year are not audited and therefore the Biddercould not make it available, the Bidder shall give an undertaking to the same effect and the

statutory auditor shall certify the same. In such a case, the Bidder shall provide the Audited

Annual Reports for three years preceding the year for which the Audited Annual Report is not

being provided.

3.4. Evaluation of Technical Proposal3.4.1. The Technical Proposal of all the Bidders who meet the Eligibility Criteria will be evaluated as

follows:

SI.No Parameters Rating Maximum

Marks

Description

1. Number of Eventsconducted in the last 3

financial years

preceding the Proposal

Due Date in the fields

of Infrastructure

Sectors, Financing,

Investments or any

other technology.

3 Events- 10

marks

Every additional

Event2.5 marks

each

20 The bidder has to provide

evidence for the same by

way of details provided

in the format of Annex-II

provided, and the same

shall be supported by a

certificate as per format

of Annex-IIA. Other

supporting documents like

newspaper cut

outs/brochures/sponsorsh

ip awards

/website/eventreports/post event survey

etc. shall be submitted

along with the above

mentioned formats

2. Sponsorship for similarevents obtained in the

past 3 financial years.

Sponsorship of

Rs. 5 Crores - 10

marks

Every additional

amount of Rs. 5

Crores5 marks

each

20 The bidder must provide

the details of the number

and value of sponsorships

obtained for similar

projects vis-a-vis the

expenses incurred for the

same with supportingdocuments like letters

from sponsors, certificates

etc.

3. Conceptual Plan Approach &Methodology-20

marks

60 The Bidder must provide

a concept plan and an

end to end event

management strategy as


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SI.No Parameters Rating Maximum

Marks

Description

Infrastructure

Plan/Layout for

the event- 20

marks

Event flow plan-

20 marks

per the format specified

in Appendix - IV

3.4.2. The Technical Proposal of all the Bidders whose Proposals are adjudged as responsive in terms ofClause 3.2.1 and who meet the Eligibility Criteria as per the terms of Clause 3.3 will be evaluated.

3.4.3. Subsequently, the Technical Proposals would be evaluated on the various aspects set out above. TheBidders would be required to make a presentation on their Technical Proposals to the TechnicalEvaluation Committee.

3.4.4. Bidders who achieve a minimum score of 70 marks out of a total of 100 marksshall be declared as technically qualified bidder (the TechnicallyQualified Bidders) and the

Technically Qualified Bidderwould be considered for further evaluation.

3.5. Selection of Bidder3.5.1. Subject to the provision of clause 2.14.1 the Technically Qualified Bidders who quotes the highest

Premium offered to KUM, and in the event that no Bidder offers a Premium, then the Bidder quoting

the lowest Grant to be paid by KUM shall be declared as the selected bidder (the Selected

Bidder). In the event that KUM rejects or annuls all the Proposals, it may, in its discretion, invite all

eligible Bidders to submit fresh Proposals hereunder.

3.5.2. In the event that two or more Bidders quote the same amount of Premium or Grant, as the case maybe (the Tie Bidders), KUM shall identify the Selected Bidder who has the higher technical score, and

if the technical score of the Bidders also matches then KUM shall identify the Selected Bidder by the

draw of lots, which shall be conducted, with prior notice, in the presence of the Tie Bidders who

choose to attend.

3.5.3. In the event that the Highest Bidder withdraws or is not selected for any reason in the first instance(the first round of bidding), KUM may invite all the remaining Bidders to revalidate or extend their

respective Bid Security, as necessary, and match the Proposal of the aforesaid Highest Bidder (the

second round of bidding). If in the second round of bidding, only one Bidder matches the Highest

Bidder, it shall be the Selected Bidder. If two or more Bidders match the said Highest Bidder in the

second round of bidding, then the Bidder whose Proposal was higher as compared to other Bidder(s)

in the first round of bidding shall be the Selected Bidder. For example, if the third and fifth highest

Bidders in the first round of bidding offer to match the said Highest Bidder in the second round of

bidding, the said third highest Bidder shall be the Selected Bidder.


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3.5.4. In the event that no Bidder offers to match the Highest Bidder in the second round of bidding asspecified in Clause 3.5.3, KUM may, in its discretion, invite fresh Proposals (the third round of

bidding) from all Bidders except the Highest Bidder of the first round of bidding, or annul the

Bidding Process, as the case may be. In case the Bidders are invited in the third round of bidding torevalidate or extend their Bid Security, as necessary, and offer fresh Proposals, they shall be eligible

for submission of fresh Proposals provided, however, that in such third round of bidding only such

Proposals shall be eligible for consideration which are higher than the Proposal of the second highest

Bidder in the first round of bidding.

3.5.5. After selection, a Letter of Award (the LOA) shall be issued, in duplicate, by KUM to the SelectedBidder and the Selected 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 Selected Bidder is not received by the stipulated date, KUM may, unless it

consents to extension of time for submission thereof, appropriate the Bid Security of such Bidder as

mutually agreed genuine pre-estimated loss and damage suffered by theAuthority on account of failure of the Selected Bidder to acknowledge the LOA, and the next eligible

Bidder may be considered.

3.5.6. After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall execute the ServiceAgreement within the period of 15 (fifteen) days. The Selected Bidder shall not be entitled to seek

any deviation in the Service Agreement.

3.6. Contacts during Proposal EvaluationProposals shall be deemed to be under consideration immediately after they are opened and until

such time KUM makes official intimation of award/ rejection to the Bidders. While the Proposals areunder consideration, Bidders and/ or their representatives or other interested parties are advised to

refrain from contacting by any means, KUM and/ or their employees/ representatives on matters

related to the Proposals under consideration.

3.7. Performance Security3.7.1. The Selected Bidder shall furnish Performance Security for an amount of Rs. 1, 00, 00,000/-(Rupees

One Crore only) and as per the format set out in the draft Service Agreement, by way of an

irrevocable Bank Guarantee required under the draft Service Agreement. The Performance Security

shall be kept valid and in full force and effect till the Expiry of the Agreement Period by extending

the validity dates, whenever required.

3.7.2. Failure of the Selected Bidder to comply with the requirements of Clause 3.5.5 shall constitutesufficient grounds for the annulment of the LOA, and forfeiture of the Bid Security. In such an event,

KUM reserves the right to take any such measure as may be deemed fit in the sole discretion of KUM,

including annulment of the Bidding Process.


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4. FRAUD AND CORRUPT PRACTICES4.1 The Bidders and their respective officers, employees, agents and advisers shall observe the highest

standard of ethics during the Bidding Process and subsequent to the issue of the LOA and during thesubsistence of the Service Agreement. Notwithstanding anything to the contrary contained herein, or

in the LOA or the Service Agreement , KUM shall reject a Proposal, withdraw the LOA, or terminate

the Service Agreement , as the case may be, without being liable in any manner whatsoever to the

EMA, as the case may be, if it determines that the Bidder or EMA, as the case may be, has, directly

or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice in the Bidding Process. In such an event, KUM shall forfeit

and appropriate the Bid Security or Performance Security, as the case may be, as mutually agreed

genuine pre-estimated compensation and damages payable to KUM towards, inter alia, time, cost

and effort of KUM, without prejudice to any other right or remedy that may be available to KUM

hereunder or otherwise.

4.2 Without prejudice to the rights of KUM under Clause 4.1 hereinabove and the rights and remedies

which KUM may have under the LOA or the Service Agreement , if a Bidder or EMA, as the case may

be, is found by KUM 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 Bidding Process, or after the issue of the LOA or the execution of the Service Agreement ,

such Bidder or EMA shall not be eligible to participate in any tender or RFP issued by KUM during a

period of 2 (two) years from the date such Bidder or EMA, as the case may be, is found by KUM to

have directly or indirectly or through an agent, engaged or indulged in any corrupt practice,

fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case may

be.

4.3 For the purposes of this Clause 4, the following terms shall have the meaning hereinafter respectively

assigned to them:

a. corrupt practice means (i) the offering, giving, receiving, or soliciting, directly or indirectly, ofanything of value to influence the actions of any person connected with the Bidding Process (for

avoidance of doubt, offering of employment to or employing or engaging in any manner

whatsoever, directly or indirectly, any official of KUM who is or has been associated in any

manner, directly or indirectly with the Bidding Process or the LOA or has dealt with matters

concerning the Service Agreement or arising therefrom, 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 KUM, shall be deemed to constitute influencing the actionsof a person connected with the Bidding Process); or (ii) engaging in any manner whatsoever,

whether during the Bidding Process or after the issue of the LOA or after the execution of the

Service Agreement , as the case may be, any person in respect of any matter relating to the

Assignment or the LOA or the Service Agreement , who at any time has been or is a legal,

financial or technical adviser of KUM in relation to any matter concerning the Assignment;

b. fraudulent practice means a misrepresentation or omission of facts or suppression of facts or


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disclosure of incomplete facts, in order to influence the Bidding Process ;

c. coercive practice means impairing or harming, or threatening to impair or harm, directly orindirectly, any person or property to influence any persons participation or action in the Bidding

Process;

d. undesirable practice means (i) establishing contact with any person connected with oremployed or engaged by KUM with the objective of canvassing, lobbying or in any manner

influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of Interest; and

e. restrictive practice means forming a cartel or arriving at any understanding or arrangementamong Bidders with the objective of restricting or manipulating a full and fair competition in the

Bidding Process.


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5. PRE-PROPOSAL CONFERENCE5.1 KUM may conduct a Pre Proposal Conference and shall inform the Bidders regarding the same

through its website www.kumbangalore.com.

.


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6. MISCELLANEOUS6.1 The Bidding Process shall be governed by, and construed in accordance with, the laws of India and

the Courts at Bangalore shall have exclusive jurisdiction over all disputes arising under, pursuant to

and/ or in connection with the Bidding Process.

6.2 KUM, in its sole discretion and without incurring any obligation or liability, reserves the right, at any

time, to;

a. suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement the BiddingProcess 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 KUM 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 otherinformation and/ or evidence submitted by or on behalf of any Bidder.

6.3 It shall be deemed that by submitting the Proposal, the Bidder agrees and releases KUM, its

employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all

liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising

from the exercise of any rights and/ or performance of any obligations hereunder, pursuant hereto

and/ or in connection herewith and waives any and all rights and/ or claims it may have in this

respect, whether actual or contingent, whether present or future.


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APPENDIX I

Letter of Proposal

Dated:

To,Managing DirectorKarnataka Udyog Mitra,No.49, 3rd Floor,Khanija BhavanRace Course RoadBangalore- 560 001.

Sub: Proposal for Event Management Agency for GIM 2012

Dear Sir,

1 With reference to your RFP document dated *****, I/We, having examined the Bidding Documentsand understood their contents, hereby submit my/our Proposal for the aforesaid Assignment. The

Proposal is unconditional and unqualified.

2 All information provided in the Proposal and in the Appendices is true and correct.3 I shall make available to KUM any additional information it may find necessary or require to

supplement or authenticate the Proposals.

4 I acknowledge the right of KUM to reject our Proposal without assigning any reason or otherwise andhereby waive my/our right to challenge the same on any account whatsoever.

5 I certify that in the last three years, I/We have neither failed to perform on any contract, asevidenced by imposition of a penalty or a judicial pronouncement or arbitration award, nor been

expelled from any project or contract nor have had any contract terminated for breach on my/our

part.

6 I declare that:(a) I have examined and have no reservations to the Bidding Documents, including any

Addendum issued by KUM.

(b) I do not have any conflict of interest in accordance with Clauses 2.1.11 of the RFP document;

(c) I 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,


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as defined in Clause 4.3 of the RFP document, in respect of any tender or request for

proposal issued by or any agreement entered into with KUM or any other public sector

enterprise or any government, Central or State; and

(d) I hereby certify that we have taken steps to ensure that in conformity with the provisions of

Clause 4 of the RFP, no person acting for me/us or on my/our behalf has engaged or will

engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice

or restrictive practice.

7 I understand that you may cancel the Bidding Process at any time and that you are neither bound toaccept any Proposal that you may receive nor to invite the Bidders to bid for the Assignment, without

incurring any liability to the Bidders, in accordance with Clause 2.4 of the RFP document.

8 I certify that in regard to matters other than security and integrity of the country, I/We have not beenconvicted by a Court of Law or indicted or adverse orders passed by a regulatory authority which

could cast a doubt on our ability to undertake the Assignment or which relates to a grave offence thatoutrages the moral sense of the community.

9 I further certify that in regard to matters relating to security and integrity of the country, I/We havenot been charge-sheeted by any agency of the Government or convicted by a Court of Law for any

offence committed by us.

10 I further certify that I/We am/are not barred by the Central/ State Government, or any entitycontrolled by them, from participating in any project, and the bar subsists as on the date of Bid,

would not be eligible to submit a Proposal.

11 I further certify that, in the last three years, I/We have neither failed to perform on any contract, asevidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement

or arbitration award against the Bidder, nor been expelled from any project or contract nor have

had any contract terminated for breach by such Bidder.

12 I further certify that no investigation by a regulatory authority is pending either against us or againstour CEO or any of our Directors/ Managers/ employees.

13 I hereby irrevocably waive any right which we may have at any stage at law or howsoeverotherwise arising to challenge or question any decision taken by KUM in connection with the selection

of the Bidder, or in connection with the Bidding Process itself, in respect of the above mentioned

Assignment and the terms and implementation thereof.

14 In the event of my being declared as the Selected Bidder, I agree to enter into a Service Agreementin accordance with the draft that has been provided to me prior to the Proposal Due Date. We agree

not to seek any changes in the aforesaid draft and agree to abide by the same.

15 I understand that except to the extent as expressly set forth in the Service Agreement , I shall have noclaim, right or title arising out of any documents or information provided to me by KUM or in respect


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of any matter arising out of or concerning or relating to the Bidding Process including the award of

Assignment.

16 The Premium/Grant has been quoted by me after taking into consideration all the terms andconditions stated in the RFP; draft Services Agreement, my own estimates of costs, revenues and allthe conditions that may affect the Proposal.

17 I offer a total Bid Security of Rs.30,00,000/- (Rupees Thirty Lakhs only) to KUM in accordance withthe RFP Document.

18 I/We agree and understand that the Proposal is subject to the provisions of the Bidding Documents.In no case, I/We shall have any claim or right of whatsoever nature if the Assignment is not awarded

to me or our Proposal is not opened.

19 I/We agree to keep this offer valid for 90 (ninety) days from the Proposal Due Date specified in theRFP.

20 I/We agree and undertake to abide by all the terms and conditions of the RFP document.In witness thereof, I/we submit this Proposal under and in accordance with the terms of the RFP

document.

Yours faithfully,

Date: (Signature of the Authorised signatory)

Place: (Name and designation of the of the Authorised signatory)Name and seal of Bidder


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ANNEX-I

Details of Bidder

1. (a) Name:(b) Country of incorporation:

(c) Address of the corporate headquarters and its branch office(s), if any, in India:

(d) Date of incorporation and/ or commencement of business:

2. Brief description of the Company including details of its main lines of business and proposedrole and responsibilities in Event:

3. Details of individual(s) who will serve as the point of contact/ communication for KUM:(a) Name:

(b) Designation:

(c) Company:

(d) Address:(e) Telephone Number:

(f) E-Mail Address:

(g) Fax Number:

4. Particulars of the Authorised Signatory of the Bidder:(a) Name:

(b) Designation:

(c) Address:

(d) Phone Number:

(e) Fax Number:


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Annex-II

Technical Capacity of the Bidder

(Refer to Clauses 3.3 )

Details of Event

S. No

Name of the Bidder

Name of the Client

Address of the Client

Name and Narrative Description ofEvent

Type of Event

No. of Exhibitors

No. of Delegates

No. of participants

Cost (Rs Crores)

Instructions:

1. The Bidder shall submit certificate(s) from its Statutory Auditors/ Client for which eventmanagement was undertaken.


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Annex II A

Format for Certificate from Statutory Auditor/Client for Technical Capacity

(On the Letterhead of the Statutory Auditor/Client)

Date:

TO WHOMSOEVER IT MAY CONCERN

This is to certify that .. (name of the Bidder) has been associated with

government (State / Central Government or any government of foreign company or their agencies)

as Event Management Agency for .. (name of the event) which was commissioned from

.. to . (period of commissioning of the event) and attended by .(Number of

participants).

This certificate is being issued to be produced before KUM (Authority), for the Selection of Event

Management Agency for GIM 2012.

Signature and Seal of the

Statutory Auditor clearly

indicating his/her membership

number

Note:

In case, the client certificate does not set out the any one of the above details, the Bidder should

submit published documents, newspaper clippings, published articles, event reports to demonstrate

the same.


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Annex-III

Financial Capacity of the Bidder

(Refer to Clauses 3.3 of the RFP)

(In Rs. crores)

Bidder Turnover

2008-2009 2009-2010 2010-2011 Average

Annual

Turnover

Name & address of Bidders Bankers:

1. The Bidder should provide details of its own Financial Capacity specified in Clause 3.3.2. For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees 48 (forty

eight) to a US Dollar. In case of any other currency, the same shall first be converted to US

Dollars as on the date 60 (sixty) days prior to the Proposal Due Date, and the amount so

derived in US Dollars shall be converted into Rupees at the aforesaid rate. The conversion

rate of such currencies shall be the daily representative exchange rates published by the

International Monetary Fund for the relevant date.

Instructions:

1. The Bidder shall attach copies of the balance sheets, financial statements and Annual Reportsfor 3 (three) years preceding the Proposal Due Date. The financial statements shall:

(a) reflect the financial situation of the Bidder;

(b) be audited by a statutory auditor;

(c) be complete, including all notes to the financial statements; and

(d) correspond to accounting periods already completed and audited (no statements

for partial periods shall be requested or accepted).

2. Year 1 will be the latest completed financial year, preceding the Proposal Due Date. Year2 shall be the year immediately preceding Year 1 and so on. In case the Proposal Due Date

falls within three months of the close of the latest financial year, it shall ignore such financial

year for the purposes of its Proposal and furnish all its information and certification with

reference to the five years preceding its latest financial year.


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3. The Bidder shall also provide the name and address of the Bankers to the Bidder.4. The Bidder shall provide an statutory Auditors certificate specifying the turnover of the

Bidder


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Annex- III A

Format for Certificate from Statutory Auditor for Financial Capacity of the Bidder

(On the Letterhead of the Statutory Auditor)

Date:

We have verified the relevant statutory and other records of M/s ______________ [Name of the

Single Business Entity], an