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APPOINTMENT OF CONSULTING AGENCY FOR ASSISTANCE IN EASE OF DOING BUSINESS INITIATIVES AND FOR IMPROVING COUNTRY S RANKING IN WORLD BANK DOING BUSINESS INDEX

News and Press Release - Dated:- 9-1-2017 - DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION Ministry of Commerce and Industry, Government of India APPOINTMENT OF CONSULTING AGENCY FOR ASSISTANCE IN EASE OF DOING BUSINESS INITIATIVES AND FOR IMPROVING COUNTRY S RANKING IN WORLD BANK DOING BUSINESS INDEX REQUEST FOR PROPOSAL January 2017 NOTICE INVITING - REQUEST FOR PROPOSAL DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION REQUEST FOR PROPOSAL (RfP) FOR ASSISTANCE IN EASE OF DOING BUSINESS (EoDB) INIT .....

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ing process, this department is expected to play a proactive role and provide insights to concerned Ministries and State Governments to ensure effective implementation of reforms. In this regard DIPP intends to on-board an agency to assist in improving the business climate in the country by ensuring effective and on ground reform implementation. The salient features of the project, eligibility criteria and prescribed formats for submission can be accessed in the RfP document uploaded on the webs .....

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Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India (hereinafter referred to as DIPP) to the prospective Applicants or any other person. The purpose of this RfP is to provide information to the interested parties that may be useful to them in the formulation of their proposal pursuant to this RfP. 2. DIPP does not make any representation or warranty as to the accuracy, reliability or completeness of the information in this RfP document and it is not possible .....

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n this RfP document and obtain independent advice from appropriate sources. 3. DIPP will not have any liability to any prospective Applicant/ Firm/ or any other person under any laws (including without limitation the law of contract, tort), the principles of equity, restitution or unjust enrichment or otherwise for any loss, expense or damage which may arise from or be incurred or suffered in connection with anything contained in this RfP document, any matter deemed to form part of this RfP docu .....

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e of this RfP does not imply that DIPP is bound to select an Applicant or to appoint the Selected Applicant, as the case may be, for the services and DIPP reserves the right to accept/reject any or all of proposals submitted in response to RfP document at any stage without assigning any reasons whatsoever. DIPP also reserves the right to withhold or withdraw the process at any stage with intimation to all who submitted RfP Application. 5. The information given is not exhaustive on account of sta .....

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duction The World Bank conducts annual study in 190 economies across the globe to assess the business climate in countries. The business climate is evaluated in terms of how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. This study is conducted across 10 Indicators to arrive at a ranking. These indicators are: Starting a Business, Dealing with Construction Permits, Getting Electricity, Registering Propert .....

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t, while many reforms were undertaken by Central Government and State Governments, the on ground impact on business remained minimal. Primarily, this has caused World Bank, in their Doing Business Report, 2017, to rank us at 130 out of 190 economies. In the light of above fact, it is required that focused efforts are made in each of the parameters to realize the top 50 ranking for India. 1.2 The Department proposes to engage a reputed consultancy organisation to assist in improving the business .....

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ries/ Departments/ Agencies. 3.0 A Consulting Agency will be selected as per Quality cum Cost Based Selection (QCBS) process. The RfP includes the following documents: SECTION 1: Letter of Invitation SECTION 2: Instructions to Applicants SECTION 3: Pre - Qualification and Technical Proposal - Standard Forms SECTION 4: Financial Proposal - Standard forms SECTION 5: Terms of Reference SECTION 6: SECTION 6: Standard format of Work Order All clarifications/ corrigenda will be published only on the w .....

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shall be on the basis of an evaluation by Client through the selection process specified in this RfP (the ―Selection Process). Applicants shall be deemed to have understood and agreed that no explanation or justification for any aspect of the Selection Process will be given and that Client s decisions are final without any right of appeal whatsoever. 2.1.2 The Applicants are invited to submit Technical and Financial Proposals (collectively called as ―the Proposal), as specified in t .....

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with the preparation and submission of their proposals, and their participation in the Selection process, and presentation including but not limited to postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by Client or any other costs incurred in connection with or relating to its Proposal. The Client is not bound to accept any Proposal, and reserves the right to annul the selection process at any time prior to grant of work order, without the .....

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est standard of ethics during the Selection Process and execution of work/assignment. In pursuance of this policy, the Client: (i) will reject the Proposal for award if it determines that the Applicant has engaged in corrupt or fraudulent activities in competing for the work order in question; (ii) will declare an Applicant ineligible, either indefinitely or for a stated period of time, to be awarded any contract or work order if it at any time determines that the Applicant has engaged in corrup .....

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te or difference arose, such dispute or difference shall be finally settled by Secretary, DIPP, whose decision shall be final. 2.1.8 Termination of Assignment: Client will have the right to terminate the assignment by giving 30 (thirty) days written notice. In the event of termination for no fault of Applicant, the Client will reimburse all the expenses incurred by the Applicant (upon submission of proof) including closing-up of the project. If the assignment is terminated due to the fault of th .....

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d in any other form and shall be summarily rejected. The submissions for Pre-Qualification shall be evaluated first as specified in this RFP. Subsequently the technical evaluation as specified in this RFP will be carried out only for those Applicants who meet the Pre- Qualification criteria. Based on this technical evaluation, a list of technically qualified Applicants shall be prepared in the order of their merit. The Financial Proposals of technically qualified Applicant securing the highest r .....

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nt, and without assigning any reasons thereof. (ii) Without prejudice to the generality of above, the Client reserves the right to reject any Proposal if: a) at any time, a material misrepresentation is made or discovered, or b) the Applicant does not provide, within the time specified by the Client, the supplemental information sought by the Client for evaluation of the Proposal. (iii) Such misrepresentation/ improper response by the Applicant may lead to the disqualification of the Applicant. .....

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of the RfP; b) received all relevant information requested from the Client; c) accepted the risk of inadequacy, error or mistake in the information provided in the RfP or furnished by or on behalf of the Client; d) satisfied itself about all matters, things and information, including matters herein above, necessary and required for submitting an informed Application and performance of all of its obligations there under; e) acknowledged that it does not have a Conflict of Interest; and f) agreed .....

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licants may seek clarification on this RfP document, within five (5) days of the date of issue of this RfP document. Any request for clarification must be sent by standard electronic means (PDF and/or word file) to the Clients email address (mentioned below) and through post to client s office addressed to: Director, Room No. 252-A, Department of Industrial Policy and Promotion Ministry of Commerce & Industry, Government of India Udyog Bhawan New Delhi-110001 Email: reetuj@gov.in The Client .....

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l Website shall be valid. In order to afford the Applicants a reasonable time for taking an amendment into account, the Client may at its discretion extend the Proposal Due Date. 2.2.2 Date of Pre-Bid Meeting and venue is mentioned in Data Sheet. Applicants willing to attend the pre-bid should inform client beforehand in writing through email. The maximum no. of participants from an applicant, who chose to attend the Pre-Bid Meeting, shall not be more than two per applicant. The representatives .....

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of Form 3F. 2.3.2 The Demand Draft/ Bank Guarantee in original shall be placed in an envelope and marked as ―EMD- [name of assignment] and ―Not to be opened except in the presence of evaluation committee. This envelope shall be delivered to DIPP in physical form before the Proposal Due Date. In addition, a scanned copy (in pdf format) shall also be uploaded on CPPP. Bids received without the specified Earnest Money Deposit Bid Security will be summarily rejected. 2.3.3 Client will no .....

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lient will be entitled to forfeit and appropriate the Earnest Money Deposit as mutually agreed loss and damage payable to Client in regard to the RfP without prejudice to Clients any other right or remedy under the following conditions: (i) If an Applicant engages in a corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice as envisaged under this RfP (including the Standard Form of work order); (ii) If any Applicant withdraws its Proposal during th .....

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work on assignment in form of a Bank Guarantee substantially in the form specified in the RfP/ work order. For the successful bidder the Performance Security shall be retained by Client until the completion of the assignment by the Applicant and be released 120 (One Twenty) days after the completion of the assignment. 2.3.5 Any entity which has been barred by the Central Government, any State Government, a statutory authority or a public sector undertaking, as the case may be, from participating .....

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h Applicant or its Associate. 2.4 Preparation of proposal 2.4.1 Applicants are requested to submit their Proposal in English language and strictly in the formats provided in this RfP. The Client will evaluate only those Proposals that are received in the specified forms and complete in all respects. 2.4.2 In preparing their Proposal, Applicants are expected to thoroughly examine the RfP Document. 2.4.3 The technical proposal should provide the documents as prescribed in this RfP. No information .....

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Authorized Representative (the Authorized Representative) as detailed below: (i) by the proprietor in case of a proprietary firm; (ii) by a partner, in case of a partnership firm and/or a limited liability partnership; or (iii) by a duly authorized person holding the Power of Attorney, in case of a Limited Company or a corporation; 2.4.6 Applicants should note the Proposal Due Date, as specified in Data Sheet, for submission of Proposals. Except as specifically provided in this RfP, no supplemen .....

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s non- responsive on any aspects. 2.4.7 Financial proposal: While preparing the Financial Proposal, Applicants are expected to take into account the various requirements and conditions stipulated in this RfP document. The Financial Proposal should be a lump sum Proposal inclusive of all the costs including but not limited to all taxes (except service tax) associated with the Assignment. While submitting the Financial Proposal, the Applicant shall ensure the following: (i) All the costs associate .....

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assumption, and shall be final and binding. In case any assumption or condition is indicated in the Financial Proposal, it shall be considered non-responsive and liable to be rejected. (ii) The Financial Proposal shall take into account all the expenses and tax liabilities and cost of insurance specified in the work order, levies and other impositions applicable under the prevailing law. For the avoidance of doubt, it is clarified that all taxes, excluding service tax, shall be deemed to be incl .....

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posals 2.5.1 The Proposal shall be submitted through e-procurement portal CPPP. The procedure for filing of e-tender is provided on the portal. Files uploaded on the portal should have file name in accordance to following format [form name applicant name]. Applicant name should contain only first two words of its name. Proposal received in any other manner shall be summarily rejected. 2.5.2 The Authorized Representative of the Applicant should authenticate EMD Details, Prequalification, Technica .....

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n of Proposals. 2.5.4.1 After the deadline for submission of proposals the Pre-Qualification Proposal shall be opened by the Evaluation Committee to evaluate whether the Applicants meet the prescribed Minimum Qualification Criteria. The RfP , Technical and Financial Proposals shall remain sealed. 2.5.5 After the Proposal submission until the grant of the work order, if any Applicant wishes to contact the Client on any matter related to its proposal, it should do so in writing at the Proposal sub .....

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e Minimum Qualification Criteria (―Shortlisted Applicant), shall be checked for responsiveness in accordance with the requirements of the RfP and only those Technical Proposals which are found to be responsive would be further evaluated in accordance with the criteria set out in this RfP document. 2.6.2 Prior to evaluation of Proposals, the Client will determine whether each Proposal is responsive to the requirements of the RfP at each evaluation stage as indicated below. The Client may, i .....

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ed by the Proposed Due Date including any extension thereof in terms hereof; (iv) it does not contain any condition or qualification; and (v) it is not non-responsive in terms hereof. Financial Proposal (i) The Financial Proposal is received in the form specified in this RfP; (ii) it is received by the Proposed Due Date including any extension thereof in terms hereof; (iii) it does not contain any condition or qualification; and (iv) It is not non-responsive in terms hereof. The Client reserves .....

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on Proposals submitted should fulfil the Minimum Qualification Criteria. In case an Applicant does not fulfil the Minimum Qualification Criteria, the Proposal of such an Applicant will not be evaluated further. 2.6.4 Minimum Qualification Criteria S.No Minimum Qualification Criteria Document 1. Consulting Agency Bidder should be a registered firm/company/partnership. Form 3B 2. Consulting Agency Bidder should not be black-listed by any Central / State Government / Public Sector Undertaking in In .....

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committee (―Evaluation Committee) appointed by the Client will carry out the evaluation of Proposals on the basis of the following evaluation criteria and points system. If required, the Client may seek specific clarifications from any or all Agency(ies) at this stage. Each evaluated Proposal will be given a technical score (St) as detailed below. The maximum points/ marks to be given under each of the evaluation criteria are: Main Criteria and Weights Sub-criteria Sub-Weight Experience(5 .....

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of Project Manager (Minimum Experience 9 years) with experience of working in Ease of Doing Business projects 10 Qualification, skills and experiences of Team members (Minimum Experience 5 years) with: Education (BE/B.Tech/ Commerce/ LLB/ CA/ CS/ Economics and MBA/PGDBA or equivalent Experience of working in Ease of Doing Business projects (Total-5 resources) 15 Understanding of the project and suggested approach and methodology (20 marks) Understanding of the project and suggestive methodology .....

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score would be calculated for each applicant by the client and all the applicants who get at least 70 marks out of 100 would be considered for financial evaluation. Applicants who get a technical score of less than 70 out of 100 would not be considered for the financial evaluation. The financial score would be calculated through a normalization process where the lowest bidder would be given 100 marks and scores of all other bidders would be normalized against this. Final selection would be on t .....

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event the duplicate copy of the work order duly signed by the Successful Applicant is not received by the stipulated date, the Client may, unless it consents to extension of time for submission thereof, appropriate the Earnest Money Deposit of such Applicant in full or to the extent of mutually agreed pre-estimated loss and damage suffered by the Client on account of failure of the Successful Applicant to acknowledge the work order, and the next highest ranking Applicant may be considered. 2.7. .....

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of the assignment. 2.8 Confidentiality Information relating to evaluation of proposals and recommendations concerning grant of the work order shall not be disclosed to the applicants who submitted the proposals or to other persons not officially concerned with the process, until the winning firm has been notified that it has been given the work order. 2.9 Contract cancellation alongwith forfeiture of Performance Guarantee 2.9.1 The Applicants and their respective officers, employees, agents and .....

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election Process. In such an event, the Client will, without prejudice to its any other rights or remedies, forfeit and appropriate the Earnest Money Deposit, as mutually agreed genuine pre-estimated compensation and damages payable to the Client for, inter alia, time, cost and effort of the Client, in regard to the RfP, including consideration and evaluation of such Applicant s Proposal. 2.9.2 Without prejudice to the rights of the Client under this Clause, hereinabove and the rights and remedi .....

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ipate in any tender or RfP issued by the Client during a period of 2 (two) years from the date such Applicant or Consulting Agency, as the case may be, is found by the Client to have directly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as the case may be. 2.9.3 For the purposes of this Clause, the following terms shall have the meaning hereinafter respectively assigned to them: 2.9.3.1 cor .....

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greement or arising there from, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the Client, shall be deemed to constitute influencing the actions of a person connected with the Selection Process; or (ii) save as provided herein, engaging in any manner whatsoever, whether during the Selection Process or after the issue of the WORK ORDER or after the execution of the A .....

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harm, directly or indirectly, any persons or property to influence any person s participation or action in the Selection Process; (c) undesirable practice means (i) establishing contact with any person connected with or employed or engaged by the Client with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Selection Process; or (ii) having a Conflict of Interest; and (d) restrictive practice means forming a cartel or arriving at any understanding .....

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the website) and make suggestions for consideration of the Client. The Client will endeavour to provide clarifications and such further information as it may, in its sole discretion, consider appropriate for facilitating a fair, transparent and competitive selection process. 2.11 Miscellaneous 2.11.1 The Selection Process shall be governed by, and construed in accordance with, the laws of India and the Courts at New Delhi shall have exclusive jurisdiction over all disputes arising under, pursua .....

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submitted to the Client by, on behalf of and/or in relation to any Applicant; and/or 2.11.2.4 independently verify, disqualify, reject and/or accept any and all submissions or other information and/or evidence submitted by or on behalf of any Applicant. 2.11.3 It shall be deemed that by submitting the Proposal, the Applicant agrees and releases the Client, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, .....

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Agency, as the case may be, are to treat all information as strictly confidential. Client will not return any Proposal or any information related thereto. All information collected, analyzed, processed or in whatever manner provided by the Applicant to Client in relation to the assignment shall be the property of Client. 2.11.5 The Client reserves the right to make inquiries with any of the clients listed by the Applicants in their previous experience record. 2.12 Tentative schedule for selectio .....

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ted separately *Applicant may note that the venue and time of opening of financial bid shall be posted on official website of client after presentation by applicants. 2.13 Data Sheet Reference Description Section 1, Point 2 The Department proposes to engage a reputed consultancy organisation to assist in improving the business climate in the country by ensuring effective and on ground reform implementation. Section 1, point 3 A Consulting Agency will be selected as per Quality cum Cost Based Sel .....

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252-A, Department of Industrial Policy and Promotion Ministry of Commerce & Industry, Government of India Udyog Bhawan New Delhi-110001 Email: reetuj@gov.in 2.2.2 Date & Time of pre-bid meeting -16th January 2017 at 11.00 AM, at the Official Address: Department of Industrial Policy and Promotion, Udyog Bhawan, New Delhi-110001 2.4.6 The last date of submission of Proposal is 24th January, 2017 before 15:00 Hours (IST). The proposal will be submitted on CPPP. The address for submission of .....

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m 3F: Format of Bank Guarantee for Earnest Money Deposit Form 3G: Technical Proposal Submission Form 3H: Profile of the agency Form 3I: Format for CV of the professional staff proposed Form 3J: Understanding of the project and proposed methodology Form 3A: Pre-Qualification Proposal Submission Form [Location, Date] To Director, DIPP Udyog Bhawan, New Delhi-110001 RfP dated [date] for selection of Consulting Agency for [name of assignment] Dear Sir, With reference to your RfP Document dated [date .....

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onsulting Agency, and we certify that all information provided in the Proposal and in the supporting documents is true and correct, nothing has been omitted which renders such information misleading; and all documents accompanying such Proposal are true copies of their respective originals. 2. This statement is made for the express purpose of appointment as the Consulting Agency for the aforesaid Project. 3. We shall make available to Client any additional information it may deem necessary or re .....

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nor been expelled from any project, assignment or contract by any public authority nor have had any assignment or contract terminated by any public authority for breach on our part. 6. We declare that: (a) We have examined and have no reservations to the RfP, including any Addendum issued by the Authority; (b) We do not have any conflict of interest in accordance with the terms of the RfP; (c) We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fra .....

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estrictive practice. 7. We understand that you may cancel the selection process at any time and that you are neither bound to accept any Proposal that you may receive nor to select the Consulting Agency, without incurring any liability to the Applicants. 8. We declare that we are not a member of any other Consortium/JV applying for selection as a Consulting Agency. 9. We certify that in regard to matters other than security and integrity of the country, we or any of our affiliates have not been .....

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urther certify that neither we nor any of our consortium members have been barred by the central government, any state government, a statutory body or any public sector undertaking, as the case may be, from participating in any project or bid, and that any such bar, if any, does not subsist as on the date of this RfP. 11. We further certify that no investigation by a regulatory authority is pending either against us or against our affiliates or against our CEO or any of our Directors/ Managers/ .....

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he Project is not awarded to us or our proposal is not opened or rejected. 14. We agree to keep this offer valid for 60 (sixty) days from the PDD specified in the RfP. 15. A Power of Attorney in favour of the authorized signatory to sign and submit this Proposal and documents is attached herewith. 16. The Technical and Financial Proposal is being submitted in a separate cover. This Pre- Qualification Proposal read with the Technical and Financial Proposal shall constitute the application which s .....

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lic Sector undertaking in India. If at any time it is found out that the Consulting Agency did not had the capabilities as enumerated above, DIPP may put the Consulting Agency in negative list without prejudice to any other civil/ criminal action under the law and forfeiture of the earnest money deposit and in due course the performance guarantee in lieu of penalty Kindly provide supporting documents. Form 3C: Format for Pre-Qualification Proposal (Cumulative Annual Turnover of Applicant) SN Fin .....

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tered Accountant. Form 3D: Format for highlighting relevant experience Assignment Name: Approx. value of the Contract Country: Location within the Country: Duration of assignment (months): Name of Client: Total number of staff-months: Address of Client: Completion Date (Month/Year) Name of Project Manager involved and functions performed: Name of 5 professionals and qualification details: Description of Actual Services Provided by Your Staff: *Kindly provide supporting documents such as contract .....

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lawful attorney (hereinafter referred to as the ―Authorized Representative), with power to sub- delegate to any person, to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our Proposal for and selection as Consulting Agency for [name of assignment], to be developed by DIPP (the ―Authority) including but not limited to signing and submission of all applications, proposals and other document .....

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ll acts, deeds and things lawfully done or caused to be done by our said Authorized Representative pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Authorized Representative in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us. IN WITNESS WHEREOF WE, [name of organization], THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS [date in words] DAY OF [m .....

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seal affixed in accordance with the required procedure. 2. Wherever required, the Applicant should submit for verification the extract of the charter documents and other documents such as a resolution/power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Applicant. 3. For a Power of Attorney executed and issued overseas, the document will also have to be legalized by the Indian Embassy and notarized in the jurisdiction .....

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hi - 110 011 (hereinafter referred to as the ―Authority which expression shall, unless repugnant to the context or meaning thereof, include its administrators, successors and assigns) having agreed to receive the proposal of [Name of company], (hereinafter referred to as the ―Bidder which expression shall unless it be repugnant to the subject or context thereof include its successors and assigns), for appointment as Consulting Agency for [name of assignment] pursuant to the RfP Docum .....

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ut reservation guarantee the due and faithful fulfilment and compliance of the terms and conditions of the RfP Document by the said Bidder and unconditionally and irrevocably undertake to pay forthwith to the Authority an amount of Rs. [in figures] ([in words]) (hereinafter referred to as the ―Guarantee) as our primary obligation without any demur, reservation, recourse, contest or protest and without reference to the Bidder if the Bidder shall fail to fulfil or comply with all or any of t .....

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ions contained in the RfP Document including, Document including without limitation, failure of the said Bidder to keep its Proposal valid during the validity period of the Proposal as set forth in the said RfP Document, and the decision of the Authority that the Bidder is in default as aforesaid shall be final and binding on us, notwithstanding any differences between the Authority and the Bidder or any dispute pending before any court, tribunal, arbitrator or any other authority. 3. We, the Ba .....

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ined in the RfP Document including without limitation, failure of the said Bidder to keep its Proposal valid during the validity period of the Proposal as set forth in the said RfP Document for any reason whatsoever. Any such demand made on the Bank shall be conclusive as regards amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs. [in figures] ([in words]). 4. This Guarantee shall be irrevocable a .....

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e Bidder or the Bank with any other person. 6. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the Bank as the principal debtor. The Authority shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee from time to time to vary any of the terms and conditions contained in the said RfP Document or to extend time for submission of the Proposals or the Proposal validity period or the period for conveying of Let .....

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nder these presents by any exercise by the Authority of the liberty with reference to the matters aforesaid or by reason of time being given to the said Bidder or any other forbearance, act or omission on the part of the Authority or any indulgence by the Authority to the said Bidder or by any change in the constitution of the Authority or its absorption, merger or amalgamation with any other person or any other matter or thing whatsoever which under the law relating to sureties would but for th .....

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ed to receive the said notice of claim. 9. It shall not be necessary for the Authority to proceed against the said Bidder before proceeding against the Bank and the guarantee herein contained shall be enforceable against the Bank, notwithstanding any other security which the Authority may have obtained from the said Bidder or any other person and which shall, at the time when proceedings are taken against the Bank hereunder, be outstanding or unrealized. 10. We, the Bank, further undertake not t .....

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the said amount or any part thereof only if the Authority serves a written claim on the Bank in accordance with paragraph 8 hereof, on or before [date]. Signed and Delivered by [name of bank] By the hand of Mr. /Ms. [name], it s [designation] and authorized official. (Signature of the Authorized Signatory) (Official Seal) Notes: The Bank Guarantee should contain the name, designation and code number of the officer(s) signing the Guarantee. The address, telephone number and other details of the H .....

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is unconditional and unqualified. We are submitting our Proposal as [name of the applicant]. If negotiations are held during the period of validity of the Proposal, we undertake to negotiate in accordance with the RfP. Our Proposal is binding upon us, subject only to the modifications resulting from negotiations in accordance with the RfP. We understand you are not bound to accept any Proposal you receive. Further: 1. We acknowledge that Client will be relying on the information provided in the .....

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e available to Client any additional information it may deem necessary or require for supplementing or authenticating the Proposal. 4. We acknowledge the right of Client to reject our application without assigning any reason or otherwise and hereby waive our right to challenge the same on any account whatsoever. 5. We certify that in the last 3 (three) years, we have neither failed to perform on any assignment or contract, as evidenced by imposition of a penalty by an arbitral or judicial author .....

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irectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as defined in the RfP document, in respect of any tender or request for proposal issued by or any agreement entered into with Client or any other public sector enterprise or any government, Central or State; and (d) We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will engage in any corrupt .....

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ed or adverse orders passed by a regulatory authority which would cast a doubt on our ability to undertake the Project or which relates to a grave offence that outrages the moral sense of the community. 9. We further certify that in regard to matters relating to security and integrity of the country, we have not been charge-sheeted by any agency of the Government or convicted by a court of law for any offence committed by us or by any of our affiliates. We further certify that neither we nor any .....

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aive any right or remedy which we may have at any stage at law or howsoever otherwise arising to challenge or question any decision taken by Client in connection with the selection of Consulting Agency or in connection with the selection process itself in respect of the above mentioned Project. 12. We agree and understand that the proposal is subject to the provisions of the RfP document. In no case, shall we have any claim or right of whatsoever nature if the Project is not awarded to us or our .....

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n, Date] Brief Profile of Agency (in one page) Number of offices with locations in India Form 3I: Format for CV of the professional staff proposed 1. Name 2. Position: 3. Date of Birth 4. Education: 5. Employment Record From To Company Position Held 6. Brief Profile Year of experience etc. 7. Countries of Work Experience 8. Languages 9. Work Undertaken that Best Illustrates Capability to Handle the Task Assigned Year: Location: Client: Position Held: Main features: Activities Performed:

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ogy < >Understanding of the project Technical approach and methodology Work plan No. Activity Time Period 1st 2nd .. .. .. … …. … …. … … … Section 4. Financial Proposal - Standard Forms Form 4A: Financial Proposal Submission Form 4B: Summary of Costs Form 4A: Financial Proposal Submission Form [Location] [Date] To Director, DIPP, Udyog Bhawan, New Delhi-110001 Dear Sir, Subject: Services for [name of assignment]. We, the undersigned, offer t .....

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cuting) the above assignment, we will strictly observe the laws against fraud and corruption in force in India namely ―Prevention of Corruption Act 1988. We understand you are not bound to accept any Proposal you receive. Yours sincerely, Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm: Address: Form 4B: Summary of Costs Item Cost for Year-1 Cost for Year-2 Amount in words Amount in figures Amount in words Amount in figures Costs of Financial Proposal .....

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dia into an easier place to do business. There is still a growing need to do a lot more to achieve the vision of becoming top country in ease of doing business. There are major requirements of business reform initiatives to be undertaken by the concerned Ministries and departments for promoting ease of doing business in India. In the light of experience of last two years with the reform and ranking process, this department is expected to play a proactive role and provide insights to concerned Mi .....

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identifying the best practices adopted by them in the process. 2. The Agency shall examine and study the World Bank Doing Business Report methodology in detail and keep the track of changes in methodology, if any. 3. Carefully tailoring the best practices as per India s regulatory structure and requirements and suggest reforms to be undertaken for each indicator accordingly. 4. Undertake the study of business regulations in India administered by concerned Central Government Ministries and ident .....

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rules/circular) towards improving rank in Doing Business Report of World Bank, which needs to be implemented by concerned Ministries, Departments and Agencies (while ensuring that such reforms are in the overall best interest of the country). This may also include proposed drafting for required amendment in act/rules/circulars. 6. The agency will be responsible for continuous engagement with the Central and State Government Ministries/ Departments/ Agencies to ensure the reforms are implemented .....

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implementation and provide timely suggestions to bridge the gaps. 10. Undertake necessary feedback from the stakeholders, users and Central and State Government Ministries/Departments/Agencies both on desk and on field in Delhi and Mumbai. This shall also include Architects, Builders, Structural Engineers, Contractors, Lawyers, Chartered Accountants, Industry Associations such as CII, FICCI, ASSOCHAM and State and Industry specific industry associations and applicants etc. Provide inputs to deve .....

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derstand the ground level situation and actual implementation of reforms. 14. The agency shall provide support in implementation of business reforms in Delhi and Mumbai. 15. The target of implementation for agency would be such, to improve India s Doing Business rank to top 50 in World Bank Doing Business Assessment, 2018. 16. The Agency shall place 5 resources and 1 project Manager with DIPP for the Indicators mentioned in point number 3 above and 5 for undertaking the field survey with respond .....

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rint media, TV etc. and provide creative designing inputs and also provide material for emailers/flyers etc. This may also include designing of advertisement for dissemination of information. 19. The agency shall make sure that implemented reforms are updated on the concerned Central and State Government Ministries/Departments/Agencies websites from time to time. Duration of the engagement of the consulting agency would be 2 year. Section 6. Standard Form of Work Order STANDARD FORM OF WORK ORDE .....

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nsulting Agency to provide certain services as defined in the General Conditions attached to this work order (hereinafter called the ―Services ); and b) The Consulting Agency, having represented to the Client that they have the required professional skills, personnel and technical resources, have agreed to provide the services on the terms and conditions set forth in this assignment. NOW THEREFORE the Client hereto hereby agrees as follows: 1. The following documents attached hereto shall .....

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e provisions of the work order; and b) Client will make payments to the Consulting Agency in accordance with the provisions of the work order. 3. Commencement, completion, modification and termination of work order 3.1.1 Effectiveness of work order: This Work order shall be effective from the date of issue by the client or date of receipt of the work order by the consulting agency. 3.1.2 Commencement of Services: The Consulting Agency shall commence the Services from the date notified by the Cli .....

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Force Majeure Neither party will be liable in respect of failure to fulfil its obligations, if the said failure is entirely due to Acts of God, Governmental restrictions or instructions, natural calamities or catastrophe, epidemics or disturbances in the country. Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or by or of such Party s agents or employees, nor (ii) any event which a diligent Party could reasonably have been expecte .....

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e of a party to fulfil any of its obligations under the Work order shall not be considered to be a breach of, or default under this Work order insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event: a) has taken all precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Work order, and b) has informed the other party as soon as possible about the occurrence of such an event. c) t .....

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eriod equal to the time during which such Party was unable to perform such action as a result of Force Majeure. 3.1.9 Payments: During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consulting Agency shall be entitled to continue to be paid under the terms of this Work order, as well as to be reimbursed for additional costs reasonably and necessarily incurred by them during such period for the purposes of the services and in reactivating the s .....

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Agency do not remedy a failure in the performance of their obligations under the Work order, within a period of seven (7) days, after being notified or within such further period as the Client may have subsequently approved in writing; b) within fifteen (15) days, if the Consulting Agency become insolvent or bankrupt; c) if, as the result of Force Majeure, the Consulting Agency are unable to perform a material portion of the Services for a period of not less than fifteen (15) days; d) within fif .....

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(7) days, if the Consulting Agency, in the judgment of the Client has engaged in Corrupt or Fraudulent Practices in competing for or in executing the Work order; g) if the Client, in its sole discretion and for any reason whatsoever, within a period of fifteen (15) days decides to terminate this Work order. 3.2.3 Payment upon termination: Upon termination of this Work order, the Client will make the following payments to the Consultants: a) Remuneration pursuant to relevant clauses for Services .....

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s, upon termination, the Client may also impose liquidated damages as per the provisions of relevant clauses of this Work order. The Consulting Agency will be required to pay any such liquidated damages to Client within 30 days of termination date. 3.2.4 Disputes about Events of Termination: If either Party disputes Termination of the work order under relevant clauses hereof, such Party may, within forty-five (45) days after receipt of notice of termination from the other Party, refer the matter .....

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s, reports or other papers collected or produced by the Consultant for the purpose of providing the Consultancy Services are the property of the Client from the date that property is created or developed and the Consultant waives in favour of the Client any moral rights that the Consultant may have. 3.3.2 Existing intellectual property: Despite anything to the contrary contained in this Agreement, it is understood and agreed that the Consultant shall retain all of its rights in its proprietary i .....

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atever reason) or completion of the Consultancy Services, the Consultant will deliver to the Client all information (including information that is in electronic form), Confidential Information, intellectual property, working papers, reports or other papers that are the property of the Client. 3.4 Obligations of the Consulting Agency 3.4.1 General: The Consulting Agency shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordan .....

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ion of Conflicting Activities: Neither the Consulting Agency nor their Sub-consultants nor the Personnel shall engage, either directly or indirectly, in any of the following activities: a) during the term of this Work order, any business or professional activities which would conflict with the activities assigned to them under this Work order; and b) after the termination of this Contact, such other activities as may be specified in the SC. c) during the term of this work order, the team members .....

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ments Prepared by the Consulting Agency to be the Property of the Client: All designs, reports, other documents and software submitted by the Consulting Agency pursuant to this work order shall become and remain the property of the Client, and the Consulting Agency shall, not later than upon termination or expiration of this Work order, deliver all such documents and software to the Client, together with a detailed inventory thereof. The Consulting Agency may retain a copy of such documents and .....

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ing Agency s negligence, breach in the performance of its duties under this Work order from an Insurance Company permitted to offer such policies in India, for a period of one year beyond completion of Services commencing from the Effective Date, (i) For an amount not exceeding one time the total payments for Professional Fees made or expected to be made to the Consulting Agency hereunder or (ii) the proceeds, the Consulting Agency may be entitled to receive from any insurance maintained by the .....

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tructions as may be necessary or appropriate for the prompt and effective implementation of the Services; 3.6 Payments to the Consulting Agency 3.6.1 Advance payment will not be considered. 3.6.2 The Agency will submit pre-receipted invoices in triplicate, complete in all respects, on the last working day of every quarter, for necessary settlement. Payment would be made on equal installments on quarterly basis subject to satisfactory completion of work in the quarter. The invoices should be subm .....

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g Electronic transfer for funds the selected agency will be required to indicate the name of the Bank and Branch, account number (i.e. bank names, IFSC Code and Bank A/c No.) and also forward a cheque leaf duly cancelled to verify the details furnished. These details should also be furnished on the body of every bill submitted for payments by the selected agency. 3.6.6 Currency: The price is payable in local currency i.e. Indian Rupees. 3.6.7 Payment for Additional Services: For the purpose of d .....

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y (30) days after receipt by one Party of the other Party s request for such amicable settlement may be submitted by either Party for settlement in accordance with the provision specified in the SC or all disputes shall be finally settled by by Secretary DIPP. 3.7.3 Any grievance regarding penalty shall be first decided/resolved at JS level and with final decision of Secretary DIPP, whose decision shall be final. 3.8 Responsibility for accuracy of project documents 3.8.1 General 3.8.1.1 The Cons .....

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elays in performance by the agency, besides other action, including blacklisting of the agency as may be deemed fit by the Client. In case of part forfeiture of Performance Guarantee and if the agency proceeds to complete the assignment, the Performance Guarantee will need to be buffered and restored to the original value. 4 Miscellaneous 4.1 Assignment and Charges 4.1.1 The Work order shall not be assigned by the Consulting Agency save and except with prior consent in writing of the Client, whi .....

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tion (i) related to or arising out of, whether directly or indirectly, (a) the breach by the Consulting Agency of any obligations specified in relevant clauses hereof; (b) the alleged negligent, reckless or otherwise wrongful act or omission of the Consulting Agency including professional negligence or misconduct of any nature whatsoever in relation to Services rendered to the Client; (c) any Services related to or rendered pursuant to the Work order (collectively ―Indemnified matter). As .....

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g to the Indemnified Matter shall survive until all claims for indemnification and/or contribution asserted shall survive and until their final resolution thereof. The foregoing provisions are in addition to any rights which the Client may have at common law, in equity or otherwise. 4.1.4 Notices: Unless otherwise stated, notices to be given under the Work order including but not limited to a notice of waiver of any term, breach of any term of the Work order and termination of the Work order, sh .....

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n made by telex or facsimile, when transmitted properly addressed to such telex number or facsimile number. 4.1.5 Severability: If for any reason whatever any provision of the Work order is or becomes invalid, illegal or unenforceable or is declared by any court of competent jurisdiction or any other instrumentality to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not be affected in any manner, and the Parties will negotiate in g .....

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gence, breach in the performance of its duties under this Work order from an Insurance Company permitted to offer such policies in India, for a period of one year beyond completion of Services commencing from the Effective Date, (i) For an amount not exceeding one time the total payments for Professional Fees made or expected to be made to the Consulting Agency hereunder or (ii) the proceeds, the Consulting Agency may be entitled to receive from any insurance maintained by the Consulting Agency .....

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s Work order, in the form set out in this work order, in an amount equal 15 (fifteen) percent of the total cost of Financial Proposal under this Assignment. Further, in the event the term of this Work order is extended, the Consultant shall at least fifteen (15) days prior to the commencement of every Subsequent Year or at least thirty (30) days prior to the date of expiry of the then existing bank guarantee, whichever is earlier, provide an unconditional and irrevocable bank guarantee as Perfor .....

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d that such Performance Security shall mention the details of this Work order and the other Members.} 4.1.7.3 The Performance Security shall be extended accordingly such that the Performance Security remains valid until the expiry of a period of 120 (Sixty) Days from the date of completion of the assignment. If the Client shall not have received an extended/ replacement Performance Security in accordance with this clause at least thirty (30) days prior to the date of expiry of the then existing .....

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has drawn upon the Performance Security in accordance with the provisions of this Work order, in which case only the balance amount remaining will be returned to the Consulting Agency; provided that the Client will not be liable to pay any interest on such balance. The Client will return the bank guarantee provided as Performance Security to the issuer thereof for cancellation promptly upon receipt of any extension/ replacement thereof. Subject to satisfactory completion of all deliverables und .....

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a given timeframe failing which 20% will be deducted from the amount payable. The other form of penalty not mentioned in the RFP will be decided by the appropriate authority on case to case basis. 4.1.8.2 Any dispute regarding penalty shall be handled as per dispute settlement provision. 5 The Client shall have the right to claim under the Performance Security and appropriate the proceeds if any of the following occur: a) the Consultant becomes liable to pay penalty; b) occurrence of any of the .....

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e agency g) For any reason Contract is terminated by agency *All conditions of RFP shall be considered to be integral part of this work order. Annexure A: Form of Bank Guarantee for Performance Security (To be stamped in accordance with Stamp Act if any, of the country for issuing bank) Ref.: Bank Guarantee: Date: Sir, In consideration of Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India (hereinafter referred as the Client , which expression sh .....

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f assignment] Work order by issue of Client s Work order Letter of Award No. [reference] dated [date] and the same having been unequivocally accepted by the Consulting Agency, resulting in a Work order valued at Rs. [amount in figures and words] for (Scope of Work) (hereinafter called the Work order ) and the Consulting Agency having agreed to furnish a Bank Guarantee amounting to Rs. [amount in figures and words] to the Client for performance of the said Agreement. We [Name of Bank] incorporate .....

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or protest and/ or without any reference to the Consulting Agency. Any such demand made by the Client on the Bank shall be conclusive and binding notwithstanding any difference between the Client and the Consulting Agency or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. We agree that the Guarantee herein contained shall be irrevocable and shall continue to be enforceable until the Client discharges this guarantee. The Client shall have the fullest liberty wi .....

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they might have against the Client and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any covenants, contained or implied, in the Work order between the Client and the Consulting Agency any other course or remedy or security available to the client. The Bank shall not be relieved of its obligations under these presents by any exercise by the Client of its liberty with reference to the matters aforesaid or any of them or by reason of any other act .....

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