Nandi Final RFP

Consultants for Development of Ropeway at Nandi Hills
DEPARTMENT OF TOURISM
INVITES
REQUEST FOR PROPOSALS
(FOR APPOINTMENT OF CONSULTANT)
FOR
DEVELOPMENT OF ROPEWAY AT NANDI HILLS, KARNATAKA ON PUBLIC PRIVATE PARTNERSHIP

(PPP) BASIS
Department of Tourism (DoT)

# 49, 2nd Floor, Khanija Bhavan, West Entrance, Race Course Road,
Bengaluru 560 001, Karnataka
Contact (080) 22352901 / 2902 / 2903 www.karnatakaholidays.net
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CONTENTS
SECTION DESCRIPTION PAGE NO.
Section 1 Letter of Invitation 4
Section 2 Information to Consultants (ITC) 4
Data Sheet Information to Consultants 15
Section 3 Technical Proposal Standard Forms 23
Section 4 Financial Proposal Standard Forms 38
Section 5 Terms of Reference 41
Section 6 Contract for Consultants Services 49
I. Form of Contract 52
II. General Conditions of Contract 54
III. Special Conditions of Contract 62
IV Appendices 67
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SECTION 1: LETTER OF INVITATION
Indent No: PraE/Yo-7/09/01/2017-18 Date: 19.10.2017
TENDER NOTIFICATION
[Through e-Procurement Portal only]
SELECTION OF CONSULTANT FOR DEVELOPMENT OF ROPEWAY AT NANDI HILLS
Department of Tourism (DoT), Government of Karnataka (GoK) invites Bids from

consultants/ Firms or consortium of consultant firms for providing services of Transaction
Advisor (TA) for development of ropeway at Nandi hills through e-Procurement portal
(www.eproc.karnataka.gov.in).
Interested Consultants/Firms/ Consortium of consultant firms may submit their

Request for proposals (RFP) for providing services of Transaction Advisor (TA) for
development of ropeway at Nandi hills and requisite EMD electronically through e-
procurement platform at https://www.eproc.karnataka.gov.in. Following shall be the
calendar events of Tendering:
Last date for receipt of pre-bid queries 26-10-2017, 15.00 hrs
Date of Pre-Bid Meeting 27-10-2017, 15.00 hrs
Last date of receipt of Proposals 13-11-2017, 17.00 hrs
Date of opening of Technical Proposal 14-11-2017, 17.10 hrs
Date of Technical Presentation Will be intimated later
Date of opening of Financial Proposal Will be intimated to qualified consultants
Earnest Money Deposit Rs.1,40,000/- (Rupees one lakh forty
thousand only)
Postponement of Calendar of events (if any), subsequent notification, changes,

amendments and selection/ rejection of proposal shall be intimated only through
e-Procurement portal and will not be published in newspapers. The Department of Tourism
reserves the right to accept or reject any or all the tenders received without assigning any
reasons thereof.
Sd/-
Joint Director (P.M.U)
And Tender Inviting Authority
Department of Tourism
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2. SECTION II. INFORMATION TO CONSULTANTS
2.1 INTRODUCTION
2.1.1 The Client named in the Data Sheet will select a firm /consortium of firms among
those participating in RFP in accordance with the method of selection indicated in the
Data Sheet.
2.1.2 The Consultants are invited to submit a Technical Proposal and a Financial Proposal,
as specified in the Data Sheet (the Proposal) for consulting services required for the
Assignment named in the Data Sheet. The Proposal will be the basis for contract
negotiations and ultimately for a signing contract with the selected Consultant.
2.1.3 The Assignment shall be implemented in accordance with the phasing indicated in the
Data Sheet. When the Assignment includes several phases, the performance of the
Consultant under each phase must be up to the Clients satisfaction before work
begins on the next phase.
2.1.4 The Consultants must familiarize themselves with local conditions and take them into
account while preparing their Proposals. To obtain first-hand information on the
Assignment and on the local conditions, Consultants are encouraged to visit to the
Client office/site before submitting a Proposal, and attending a pre-proposal
conference as specified in the Data Sheet. Attending the pre-proposal conference is
optional. The Consultants representative should contact the officials named in the
Data Sheet to obtain additional information on the pre-proposal conference.
2.1.5 The Client will provide the inputs specified in the Data Sheet, assist the firm in
obtaining licenses and permits needed to carry out the services, and make available
relevant project data and reports.
2.1.6 Please note that (i) the costs of preparing the proposal and of negotiating the
contract, including a visit to the Client Office/sites are not reimbursable as a direct
cost of the Assignment; and (ii) the Client is not bound to accept any of the Proposals
submitted.
2.1.7 Government of Karnataka (GOK) expects Consultants to provide professional,

objective, and impartial advice and at all times hold the Clients interests paramount,
without any consideration for future work, and strictly avoid conflicts with other
assignments or their own corporate interests. Consultants shall not be hired for any
assignment that would be in conflict with their prior or current obligations to other
Clients, or that may place them in a position of not being able to carry out the
assignment in the best interest of the Client.
2.2.7.1 Without limitation on the generality of this rule, Consultants shall not be hired
under the circumstances set forth below:
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(a) A firm which has been engaged by the Client to provide goods or works for
a project, and any of their affiliates, shall be disqualified from providing
consulting services for the same project. Conversely, firms hired to
provide consulting services for the preparation or implementation of a
project, and any of their affiliates, shall be disqualified from subsequently
providing goods or works or services related to the initial assignment
(other than a continuation of the firms earlier consulting services) for the
same project.
(b) Consultants or any of their affiliates shall not be hired for any assignment
which, by its nature, may be in conflict with another assignment of the
Consultants.
2.2.7.2 As pointed out in para. 2.1.7.1 (a) above, Consultants may be hired for
downstream work, when continuity is essential, in which case this
possibility shall be indicated in the Data Sheet and the factors used for the
selection of the Consultant should take the likelihood of continuation into
account. It will be the exclusive decision of the Client whether or not to
have the downstream assignment carried out, and if it is carried out, which
Consultant will be hired for the purpose.
2.1.8 It is GoKs policy to require that Consultants observe the highest standard of ethics
during the execution of such contracts. In pursuance of this policy, the GoK:
(a) Defines, for the purposes of this provision, the terms set forth below as
follows:
(i) corrupt practice means the offering, giving, receiving, or soliciting of

anything of value to influence the action of a public official in the
selection process or in contract execution; and
(ii) fraudulent practice means a misrepresentation of facts in order to

influence a selection process or the execution of a contract to the
detriment of GoK, and includes collusive practices among Consultants
(prior to or after submission of proposals) designed to establish prices at
artificial, noncompetitive levels and to deprive GoK of the benefits of
free and open competition.
(b) will reject a proposal for award if it determines that the firm recommended for
award has engaged in corrupt or fraudulent activities in competing for the
contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time,
to be awarded GoK-financed contract if it at any time determines that the firm
has engaged in corrupt or fraudulent practices in competing for, or in
executing, a GoK-financed contract; and
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(d) Will have the right to require that, GoK to inspect Consultants accounts and
records relating to the performance of the contract and to have them audited
by auditors appointed by GoK.
2.2. CLARIFICATION AND AMENDMENT OF RFP DOCUMENTS
a. Consultants may request a clarification of any item of the RFP document up to

the number of days indicated in the Data Sheet before the Pre-Proposal
conference date. Any request for clarification must be sent in writing by
electronic mail / e-Procurement/ post to the Clients address indicated in the
Data Sheet. The Client will respond to such requests and will upload the
copies of the response (including an explanation of the query but without
identifying the source of inquiry) on e-Procurement portal only.
b. At any time before the submission of Proposals, the Client may, for any
reason, whether at its own initiative or in response to a clarification
requested by an invited firm, modify the RFP documents by amendment. Any
amendment shall be issued in writing through addenda. Addenda shall be
posted on e-procurement portal only and will be binding on consultants. The
Client may at its discretion extend the deadline for the submission of
Proposals.
c. Client reserves the right not to respond to any questions or provide any
clarifications, in its sole discretion, and nothing in this Clause 2.2 shall be
construed as obliging client to respond to any question or to provide any
clarification.
2.3. PREPARATION OF PROPOSAL
2.3.1. Consultants are requested to submit a Proposal (para 2.1.2) written in the language(s)
specified in the Data Sheet.
Technical Proposal
2.3.2. In preparing the Technical Proposal, Consultants are expected to examine the
documents comprising this RFP in detail. Material deficiencies in providing the
information in e-Procurement portal may result in rejection of a Proposal.
2.3.3. While preparing the Technical Proposal, Consultants must give particular attention to
the following:
i. If a firm considers that it does not have all the expertise for the Assignment, it
may obtain a full range of expertise by associating with individual consultant(s)
and/or other firms or entities in a joint venture or sub-consultancy, as
appropriate. The Lead Consultant of JV must meet the eligibility criteria as
specified in 2.5.3 (i) & (ii) fully and satisfying the requisite technical experience
compulsorily. Joint Venture so formed for this Assignment shall be
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wholly/severely and jointly responsible for the Project. Consultant participating

in RFP should not associate with other participating consultant.
ii. For assignments on a staff-time basis, the estimated number of key professional
staff-months is given in the Data Sheet. The proposal shall, however, be based
on the number of key professional staff-months estimated by the firm along with
sub key and support staff, surveys and investigations required to be carried for a
project.
iii. It is desirable that the majority of the key professional staff proposed shall be
permanent employees of the firm or have an extended and stable working
relation with the firm.
iv. Proposed key professional staff must have the minimum qualification and
experience indicated in the Data Sheet.
v. Alternative key professional staff shall not be proposed, and only one curriculum
vitae (CV) may be submitted for each position.
vi. Reports to be issued by the Consultants as part of this assignment must be in the
language(s) specified in the Data Sheet. It is desirable that the firms personnel
have a working knowledge of the Clients official language.
2.3.4. The Technical Proposal should provide the following information using the attached
Standard Forms (Section 3):
i. A brief description of the Consultants organization and an outline of recent

experience on assignments (Section 3.2) of a similar nature. For each assignment,
the outline should indicate, inter alia, the profiles and names of the staff
provided, duration of the assignment, contract amount, and firms involvement.
ii. Any comments or suggestions on the Terms of Reference and on the data, a list of
services, and facilities to be provided by the Client (Section 3.3).
iii. A description of the methodology and work plan for performing the assignment
(Section
3.4).
iv. The list of the proposed staff team by specialty, the tasks that would be assigned
to each staff team member, and their timing (Section 3.5).
v. CVs recently signed by the proposed key professional staff and the authorized
representative submitting the proposal (Section 3.6). Key information should
including qualification, experience, number of years working for the firm/entity,
and degree of responsibility held in various assignments during the last ten (10)
years.
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vi. Estimates of the total staff effort (professional and support staff; staff time) to be
provided to carry out the Assignment, supported by bar chart diagrams showing the
time proposed for each key professional staff team member. (Sections 3.7 and
3.8).
vii. A detailed description of the proposed methodology, staffing, and monitoring of

training, if the Data Sheet specifies training as a major component of the
assignment.
viii. A high level concept plan for development of the Proposed Ropeway at Nandi Hills
(Section3.9)
ix. Any additional information requested in the Data Sheet.
2.3.5. The Technical Proposal shall not include any financial information other than
that is specified in the Data Sheet.
Financial Proposal
2.3.6. In preparing the Financial Proposal, Consultants are expected to take into
account the requirements and conditions of the RFP document. The
Financial Proposal should follow Standard Forms (Section 4). It lists all costs
associated with the Assignment, including (a) remuneration for staff and (b)
reimbursable such as subsistence (per diem, housing), transportation
(national and local, for mobilization and demobilization), services and
equipment (vehicles, office equipment, furniture, and supplies), office rent,
insurance, printing of documents, surveys; and training, if it is a major
component of the assignment. If appropriate, these costs should be broken
down by activity.
2.3.7. The Consultant should quote their total price offer in e-procurement portal
for all the services sought by the department in the Terms of Reference,
including the service tax/GST. Department will pay the service tax/GST as
per the prevailing rates. The breakup of cost shall be uploaded in the
financial bid for all items of the RFP. Consultant shall express the price of
their services in Indian Rupees.
2.3.8. The Data Sheet indicates how long the proposals must remain valid after the
submission date. During this period, the Consultant is expected to keep
available the key professional staff proposed for the assignment. The Client
will make its best effort to complete negotiations within this period. If the
Client wishes to extend the validity period of the proposals, the Consultants
who do not agree have the right not to extend the validity of their proposals.
2.4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS
2.4.1 Interested bidders shall login to

https://eproc.karnataka.gov.in/eportal/index.seam and follow the procedures
and guideline given there or call the e-proc help desk to get themselves
registered in the portal. Upon registration, the bidders can login and participate
in the tender.
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2.4.2 Downloading of tender documents, submission of proposal all will be through

Government of Karnataka e-Procurement website
https://eproc.karnataka.gov.in/eportal/index.seam under login for
Contractors. Consultants must get themselves registered, acquainted and trained
on the procedure of participating in e-procurement.
2.4.3 EARNEST MONEY DEPOSIT
2.4.3.1 The Consultants are requested to submit Earnest Money Deposit (EMD) as
indicated in the e-Procurement portal along with the Technical Bid.
2.4.3.2 The Consultant can pay the EMD in the e-Procurement portal using any of
the following payment modes:
Credit Card
Direct Debit
National Electronic Fund Transfer (NEFT)
Over the Counter (OTC)
2.4.3.3 The supplier/consultants bid will be evaluated only on confirmation of

receipt of the payment of EMD in the Government of Karnataka central
pooling account held at designated Bank. EMD amount will have to be
submitted by the supplier/Consultant taking into account the following
conditions:
a) EMD will be accepted only in the form of electronic cash (and not through
Demand Draft or Bank Guarantee) and will be maintained in the
Governments central pooling account at designated Bank until the contract
is closed.
b) The entire EMD amount for a particular tender has to be paid in a single
transaction. It is responsibility of Consultants to ensure that payment
through NEFT reaches Payment to Government of Karnataka's designated
Bank before Bid submission date and time, through online payment. In
case of OTC Payment, the DD to be drawn in favour of e-Procurement,
Government of Karnataka and submit to designated Bank before bid
submission time and update the transaction reference in e-Procurement
portal.
For the details on e-Payment services refer to e-procurement portal for

more details on the process.
2.4.4 The original Proposal (Technical Proposal and Financial Proposal; see para 2.1.2)
shall be prepared as per RFP document.
2.4.5 An authorized representative of the Consultant shall digitally sign the Proposal in
e-Procurement. The representatives authorization is confirmed by a written
power of attorney accompanying the Proposal.
2.4.6 The Consultant shall submit the bids separately i.e., Technical and Financial
electronically online in Government of Karnataka e-Procurement portal.
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2.4.7 Consultant has all the time to modify and correct or upload any relevant
document in the portal before submission on e-Procurement portal.
2.4.8 The last date and time including hours, minutes and seconds for submission will
be mentioned in the portal, the bid will disappear automatically immediately
after the time of submission is elapsed.
2.4.9 After the deadline for submission of proposals, the Technical Proposal shall be
opened by the evaluation committee and evaluation will be done. The bidders
who are technically qualified will be intimated through e-procurement portal
only and the Financial Proposal of qualified bidders will be opened in presence of
the bidders who choose to attend.
REFUND OF EMD
2.4.10 Based on the instructions of Tender Accepting Authority (TAA) the EMD amount of
the unsuccessful consultants will be refunded to the respective Bank accounts of
the supplier/consultant registered in the e-Procurement system.
2.4.11 The earnest money deposit of unsuccessful Consultant will be returned after the
award of proposal to the successful consultant.
2.4.12 The earnest money deposit of the successful Consultant will be discharged when
the Consultant has furnished the required Performance Security and signed the
Agreement.
2.4.13 The earnest money deposit may be forfeited:
a) if the consultant withdraws the proposal after deadline for submission of

proposals, during the period of proposal validity;
b) if the Consultant does not accept the correction of the contract Price, pursuant to
Clause 2.5.6; or
c) in the case of a successful Consultant, if the Consultant fails within the specified
time limit to:
(i) Furnish the required Security deposit; or
(ii) Sign the Agreement.
d) In case of consultant submitting fake documents such as Annual financial turn

over, work done certificate etc., relevant to the proposal.
2.5 PROPOSAL EVALUATION
General
2.5.1 From the time the Proposals are opened to the time the Contract is awarded, if
any Consultant wishes to contact the Client on any matter related to its Proposal,
it shall do so in writing at the Address indicated in the Data Sheet. Any effort by
the Firm to influence the Client in the Clients Proposal Evaluation, Proposal
Comparison or Contract Award Decisions may result in the Rejection of the
Consultants proposal.
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2.5.2 Evaluators of Technical Proposal shall have no access to the Financial Proposal
until the Technical Evaluation, including its Approval by the Competent Authority is
obtained.
Evaluation of Technical Proposals
2.5.3 The Evaluation Committee appointed by the Client as a whole and each of its
Members individually evaluates the Proposals on the basis of their responsiveness
to the Terms of Reference, applying the Eligibility and Evaluation Criteria, Sub
Criteria and Point System specified in the Data Sheet. Each Responsive Proposal
shall be given a Technical Score (St). A Proposal shall be rejected at this stage if it
does not respond to Important Aspects of the Terms of Reference or if it fails to
achieve the minimum Technical Score indicated in the Data Sheet.
The Technical bids of only the firms satisfying the following criteria will be
evaluated:
The Consultant, which includes lead member and member firm in case of
consortium, should be a legal entity under The Indian Companies Act or Limited
Liability Partnership Act. In the case of consortium, the Lead member shall
execute a JV Agreement for the project as prescribed in Appendix 3.11. The
Consultant should have the following threshold qualifications to be eligible for
bidding:
x. Financial:
Average annual turnover of Rs. 5 Crore in the three preceding financial years
(2014-15, 2015-16& 2016-17) either as an Independent Consultant/firm or the Lead
member in the case of consortium of firms. The Conversion Rate for Computation
of Turnover is 1US$ = Rs 65. (The Consultant is required to upload Audited
Financial Statements & CA Certificate).
Note:
a. The Financial Capacity of the parent/subsidiary/associate entities of the
Bidder would not be considered for evaluation.
b. The Bidder is required to upload a copy of the audited Annual Reports for the
3 (three) Financial years preceding the Proposal Due Date.
c. The Bidder is required to submit a copy of Certificate from the Independent
Auditor/ Statutory Auditor in the format prescribed at Appendix 3.12
certifying the Financial Capacity of the Bidder.
xi. Technical:
Consultant either as an independent Firm or the Lead Member in the case of a
consortium, should have minimum 10 years of experience of providing consulting
services to government sector clients and / or similar engagements for large private
sector clients.
The Consultant either as an Independent firm or the Lead Member in the case of a
consortium, should have completed at least 2 PPP based Transaction Advisory
Projects. For avoidance of doubt, PPP based Transaction Advisory Projects comprise
of preparation of transaction/bid documents and management of transaction/ bid
process or other similar transaction advisory assignments in relation to the bidding
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process and preparation of techno-economic feasibility report/detail project report,

preparation of financial model for a project undertaken through Public Private
Partnership (PPP) or other forms of private participation, having an estimated capital
cost (excluding land) of at least Rs 25 Crores (Rupees Twenty Five Crores) in case of a
project in India and US$ 3.8 Million for projects outside India provided that all Eligible
Assignments relating to projects based on the same model concession agreement and
awarded by the same public entity shall be counted as one Eligible Assignment. Thus,
PPP Projects which are different phases of one overall Project/ Project extensions and
awarded by the same public entity, shall be treated as one Eligible Assignment.
Note: (i) The consultant must upload the certificate of company

registration/Partnership registration/sole proprietorship registration/LLP and incase of
Joint Venture (JV) the registration certificates of both companies have to be uploaded.
(ii) The Consultant is required to submit at least one of the following supporting
documents for each of the completed project assignments executed for Government
/Private clients, which are quoted for eligibility and evaluation..
Completion certificates from the Client
Self-certification from Authorized signatory of the Firm along with the supporting
documents issued by respective clients such as contract agreements or work orders
clearly mentioning the value of the project
Note: For Projects in which the firm has worked as a consortium member, the firm
shall furnish documents to substantiate roIe of the firm in the Project. DoT
reserves the right to request any further supporting document from the selected
Consultant prior to signing of the Contract.
Note: Financial Turnover and work done values of previous years (2002-03, 2003-
04, 2004-05, 2005-06, 2006-07, 2007-08, 2008-09, 2009-10, 2010-11, 2011-12,
2012-13, 2013-14, 2014-15, 2015-16& 2016-17) shall be given a weight of 10% per
year to bring them to the price level of the financial Year in which the tenders are
invited (2017-18).
2.5.4 The client will carry out the technical evaluation of proposals of only the consulting firms
who satisfy the above criteria, on the basis of their responsiveness to the Terms of
Reference, applying the evaluation criteria and marking system specified in the Data
Sheet. Each responsive proposal will be given a technical score (Ts). A proposal
considered unsuitable shall be rejected at this stage if it does not respond to important
aspects of the Terms of Reference or if it fails to achieve the minimum technical score
indicated in the Data Sheet.
Public Opening and Evaluation of Financial Proposals, Ranking
2.5.5 After the Evaluation of all the Technical Proposals are completed, the Client shall display
in the eProcurement Website the Name of those Consultants whose Proposals did not
meet the minimum Qualifying Mark or were considered Non Responsive to the RFP and
Terms of Reference, indicating that their Financial Proposals shall not be opened. The
Client shall simultaneously display in the e Procurement Website the Name of the
Consultant that has secured the minimum Qualifying Mark.
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2.5.6 The Financial Proposal shall be opened publicly in the presence of the Consultant
Representatives who choose to attend. The Name of the Consultant, the Technical Scores
and the proposed Prices shall be read aloud and recorded when the Financial Proposals
are opened. The Client shall prepare Minutes of the Public Opening.
2.5.7 The Evaluation Committee shall determine whether the Financial Proposals are complete,
(i.e. whether they have quoted all Items of the corresponding Technical Proposals, if not,
the Client will cost them and add their cost to the initial price), correct any
Computational Errors.
2.5.8 The lowest Financial Proposal (Fm) will be given a financial score (Sf) of 100 points. The
financial scores (Sf) of the other Financial Proposals will be computed as indicated in the
Data Sheet. Proposals will be ranked according to their combined technical (St) and
financial (Sf) scores using the weights (T = the weight given to the Technical Proposal; P =
the weight given to the Financial Proposal; T + P = 1) indicated in the Data Sheet: S = St
T % + Sf P%. The Consultant achieving the highest combined technical and financial
score will be invited for negotiations
2.5.9 The ranking of the bids will be done on the basis of the process described in the Data
Sheet. If there is a tie in ranking (i.e same highest combined Technical and Financial
Score), the Consultant with the lowest Financial quote shall be selected. If the Financial
quote is also a tie, the firm with the highest technical score shall be ranked as the
successful bidder and shall be considered for negotiations/award
2.6 NEGOTIATIONS
2.6.1 Negotiations will be held at the address indicated in the Data Sheet. The aim is to
reach agreement on all points and sign a contract.
2.6.2 Negotiations will include a discussion of the Technical Proposal, the proposed
methodology (work plan), staffing and any suggestions made by the firm to improve the
Terms of Reference. The Client and Consultant will then work out final Terms of
Reference, staffing, and bar charts indicating activities, staff, periods in the field and
in the home office, staff-months, logistics, and reporting. The agreed work plan and
final Terms of Reference will then be incorporated in the Description of Services and
form part of the contract. Special attention will be paid to getting the most the
Consultant can offer within the available budget and to clearly defining the inputs
required from the Client to ensure satisfactory implementation of the Assignment.
2.6.3 Unless there are exceptional reasons, the financial negotiations will involve neither the
remuneration rates for staff (no breakdown of fees) nor other proposed unit rates.
2.6.4 Having selected the Consultant on the basis of, among other things, an
evaluation of proposed key professional staff, the Client expects to negotiate a
contract on the basis of the experts named in the Proposal. Before contract
negotiations, the Client will require assurances that the experts will be actually
available. The Client will not consider substitutions during contract negotiations unless
both parties agree that undue delay in the selection process makes such substitution
unavoidable or that such changes are critical to meet the objectives of the assignment.
If this is not the case and if it is established that key staff was offered in the proposal
without confirming their availability, the Consultant may be disqualified.
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2.6.5 The negotiations will conclude with a review of the draft form of the contract. To
complete negotiations the Client and the Consultant will initial the agreed contract.
2.7 AWARD OF CONTRACT
2.7.1 The contract will be awarded following negotiations. The Consultants whose offer has
been accepted will be notified by the Client prior to expiration of the validity of
proposal by, e-mail or facsimile or through a letter (hereinafter called the "Letter of
Acceptance"). After notify the successful Consultant, the Client will promptly notify
other Consultants that they were unsuccessful through e-procurement portal only.
2.7.2 The Consultant is expected to commence the Assignment on the date and at the
location specified in the Data Sheet.
2.7.3 Notwithstanding Clause 2.8.1 the Client reserves the right to accept or reject any
proposal and to cancel the tender process and reject all proposals, at any time prior to
the award of Contract, without thereby incurring any liability to the affected
Consultants or any obligation to inform the affected Consultants or Consultants of the
grounds for the Clients action.
2.8 PERFORMANCE SECURITY
2.8.1 Within 20 days of receipt of the Letter of Acceptance, the successful Consultant shall
deliver to the Client a Security deposit in any of the forms given below for an amount
equivalent to 5% (Five percent) of the Contract price
i. Bankers cheque /Demand draft,/Pay Order in favour of Director, Department of
Tourism, Government of Karnataka. ii. A bank guarantee in the form given in
Appendix F; or
iii. Fixed deposit receipts (FDR) Pledged in the name of Director, Department of
Tourism, and Government of Karnataka.
2.8.2 Performance Security shall be provided to the Client not later than the date specified in
the Letter of Acceptance and shall be issued in an amount and form and type of
instrument acceptable to the Client. The Security deposit shall be valid until a date 90
days from the date of expiry of contract period.
2.8.3 The Performance Security shall be furnished from any Nationalized Banks/ Scheduled
Commercial Banks approved by Reserve Bank of India.
2.9 DISCLOSURE REGARDING EVALUATION PROCESS
2.9.1 Information related to Evaluation of Proposals and Recommendations concerning Awards

shall not be disclosed to the Consultant who submitted the Proposals or to other Persons
not officially concerned with the Process, until the successful Consultant has been
notified that it has been awarded the Contract.
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DATA SHEET
a) Information corresponding to Clauses in Section 2 above

No Section Title Details
1 2.1.1 Name of the Client The Director
Department of Tourism (DoT),
# 49, 2nd Floor, Khanija Bhavan,
West Entrance, Race Course Road,
2 2.1.1 Method of Selection Quality and Cost Based Selection (QCBS)
3 2.1.2 A technical and Financial Yes

Proposal are requested
4 2.1.2 Name of the Project To provide Consultancy services for

development of Ropeway at Nandi Hills
5 2.1.2 Objective of the Project The Consultant will be responsible for

preparing a Master plan and a Feasibility
Report for development of Ropeway at Nandi
Hills, Karnataka. The Consultant will also be
responsible for preparing Bid Documents and
also for Bid Process Management for selection
of Private Partner / Developer (same or
different for each of the three projects) for
development of the said project and Project
Management Consultancy Services during the
construction period of the project.
6 2.1.2 Description of the Project Please refer Section V Terms of Reference
7 2.1.3 The Assignment is phased Yes
Phase 1: 0-8 months
Phase 2: 9-32 months (Nandi Hills)
15
8 2.1.4 A pre-proposal conference Yes

will be held
9 2.1.4 Pre proposal conference Time & date as notified in the e-Procurement
time portal
& date
10 2.1.4 A pre-proposal conference Department of Tourism (DoT),

venue # 49, 2nd Floor, Khanija Bhavan,
11 2.1.7.2 The Client envisages Yes

the need for
continuity for
downstream work:
12 2.1.8 Clauses on fraud and Sub-Clause 2.7.1(d) of General Conditions of

Corruption Contract.
13 2.2 (a) Clarifications Clarifications may be requested upto

26-10-2017 upto 15.00 hours
The address for requesting clarifications is:
DEPARTMENT OF TOURISM
Government of Karnataka
2nd Floor, Khanija Bhavan, 49, Race Course
Road, Bengaluru, India- 560001 Telephone:
080 22352424 / 22352525, Fax: +91-80-
22352626
Email:bidqueriestourism@gmail.com
For clarifications sent by post , envelopes shall

clearly bear the following identification:
Development Of Ropeway At Nandi Hills,
Karnataka On Public Private
Partnership (PPP) Basis or through
e-Procurement
13 2.3.1 Language of the Proposal English
14 NA consultant may associate Joint Venture is allowed. Each firm either as an

with other consultant independent firm or as a member of
consortium can submit only one bid for this RFP
15 2.3.3 (i) Maximum number of firms Two
permissible for a consortium
16
16 2.3.3 (i) Name of the Consortium The Lead Firm of the Consortium shall be known
Partners: as Lead Member and the other partner of the
Consortium shall be known as Member Firm
17 2.3.3 (vi) Reports which are part of English
the assignment must be
written in the following
language
18 2.3.4 Training is an important No
(vii) feature of this Assignment
19 2.3.4(ix) Additional Information in Nil

the
Technical Proposal includes
20 2.3.3 The estimated number of Based on the Scope of Work, the Consultant
Key Professional Staff shall form a multi-disciplinary team (the
Months required for the Consultancy Team) for undertaking this
assignment assignment. In case of a consortium, the Key
Personnel can be either from the Lead member
or from the Member firm.
21 2.3.3. The minimum qualification As per manning schedule in Terms of Reference

(iv) and experience required and scope of Consultant
for the proposed key and
sub key professional staff
is:
22 2.3.8 Validity of Proposals 180 days
23 2.7.2 Commencement of the 7 days from date of Signing of the Contract

Assignment
24 2.4.9 Last Date and time for As notified in the Government of Karnataka e-
submission of proposal Procurement portal
25 2.5.1 The address to send DEPARTMENT OF TOURISM

information to the Client is: Government of Karnataka
2nd Floor, Khanija Bhavan, 49, Race Course
Road, Bengaluru,
India- 560001
Telephone: 080 22352424 / 22352525, Fax:
+91-80-22352626
Email: director@karnatakatourism.org
26 2.6.1 Location for Negotiations At Clients Office

27 2.8.1 Performance Security 5% (Five percent) of the Contract Amount
17
Clause 2.5.3 Evaluation criteria for Technical Proposal
S.
Description Max.
No. Marks
I. Experience in preparing DPR/ Feasibility Study/ providing project
Management Consultancy services for a Ropeway project which was
successfully implemented in India or abroad
1. 10
Experience in Preparing Master plan for Ropeway/Amusement Parks/ Theme
Parks / Adventure Sports project having an estimated capital cost (excluding
land) of at least Rs.25 crore (Rupees Twenty Five crore) in case of a project
in India and US$3.8 million for projects located outside India within past 10
years.
1 project 7 marks
More than 1 project 10 marks

2. 10
Experience in Feasibility studies and DPR for Ropeway Amusement
Parks/Theme Parks / Adventure Sports project having an estimated capital
cost (excluding land) of at least Rs.25 crore (Rupees twenty five crore) in
case of a project in India and US$3.80 million for projects located outside
India within past 10 years.
1 project 7 marks
More than 1 project 10 marks

3. Experience in Transaction Advisory for PPP Projects having an estimated 15
capital cost (excluding land) of at least Rs.50 crore (Rupees Fifty crore) in
case of a project in India and US$ $7.50 million for projects located outside
India within past 15 years.
1 project 8 marks
2 project 12 marks
More than 2 projects 15 marks

Experience in preparing DPR / Feasibility Study / providing Project
Management Consultancy services for a Ropeway project which was
successfully implemented in India or abroad
4. 10
Maximum Marks: 10
Sub Total 45
18
Provide a Concept plan for the Proposed Ropeway with details on the
II business model in a Power point Presentation Format
1 Understanding of the Assignment and its objectives 15

Approach & Methodology for the development of the proposed Ropeway at
Nandi Hills
Timelines & work plan for Development of the proposed project

2. 10
Sub Total
25
Team - Qualification and experience (refer to team defined below for

III details)
1. Team Leader cum Management Specialist 6
2. Architect 4
3. Market Research Expert 4
4. Financial Specialist / PPP Expert 4
5. Bid Process Management Expert 3
6. Infrastructure Engineering Specialist 3
7. Mechanical Engineering Specialist 3
8. Conservation Architect 3
Sub Total 30
Total points 100
Note:
1. For evaluation of the Qualification and experience of Team members, 40% weightage shall
be given to educational qualification and 60% weightage to work experience.
19
2. The Consultant is required to submit at least one of the following supporting documents
for each of the completed project assignments, executed for Government /Private clients,
which are quoted for eligibility and evaluation.
Completion certificate from the client
Self-certification from authorized signatory of the firm along with the supporting
documents issued by respective clients such as work orders, contract agreements
etc. clearly mentioning value of project
Overall Evaluation Criteria for the Proposal
The Consultant must achieve a minimum of 70% marks overall, for it to be eligible for
opening of Financial Proposal.
The weightage given to Technical Evaluation for bid evaluation is 75%.The weightage given to
Financial Proposal for bid evaluations is 25%.
The lowest Financial Proposal (Fm) will be given a financial score (Sf) of 100 points. The
financial scores (Sf) of the other Financial Proposals will be computed as Sf=100xFm/F in
which Sf is the financial score, Fm is the lowest price offer and F is the price offer of the
proposal under consideration. Proposals will be ranked according to their combined Technical
(St) and Financial (Sf) scores using the weights (T=0.75 and P=0.25) S=St * T + Sf * P. The
Consultant securing the highest combined technical and financial score will be invited for
negotiations. The Financial proposal shall be cumulative for all three projects together with
also a breakdown for each project.
Minimum Experience of Proposed Key Professional Staff
The following Key Personnel whose experience and responsibilities are briefly described
herein would be considered for evaluation of the Technical Proposal. These key personnel
shall be provided adequate support, as necessary, in completion of the Assignment.
S. No. Proposed Staff Numbe Qualification and Experience Required
1. Team Leader cum 1 Postgraduate Degree in Architecture Design
Management specialist /Planning or Postgraduate Degree in
Management with Graduate in Civil Engineering
(Phase 1, 2 & 3)
Minimum 12 years experience in Preparation of
Master plan and Feasibility Report for tourism /
infrastructure projects with at least 1 project
with Government of India / State Governments.
Experience in Project Management, Preparation

of Master plans/ Strategic Plan/ Business Plans/
Investment Plan/ Vision Documents for
Ropeway/Adventure Sports / Amusement parks /
Theme Park in India or abroad for at least 1
projects of at least INR 25 crores each.
20
2. Infrastructure/ 1 Degree in Civil Engineering

Engineering Special
Minimum 10 years experience working in urban
(Phase 1, 2 & 3) infrastructure planning including Infrastructure
master plan / DPRs /CDPs.
He/she should have experience in preparation of

Technical Feasibility Reports / Detailed Project
Reports for Ropeway / Adventure Sports
project/ Theme Park / Amusement Park in India
or abroad for at least 1 project. He/she should
also have experience in conducting quality
control for infrastructure / tourism / building
construction projects.
3. Market Research Expert 1 MBA or equivalent with 7 years of experience in
carrying out market study and demand
(Phase 1& 2) assessment for Ropeway/Adventure Sports
project / Amusement Park / Theme Park.
He/she should have experience in carrying out
Market study and Demand assessment of
Ropeway/Adventure Sports project / Theme
Park/Amusement Park for at least 1 project.
4. Architect 1 Graduate in Architectural Engineering with 10
years of experience in preparation of master
(Phase 1, 2 & 3) plans for various projects.
He/she should have experience in preparing Master

plan of Ropeway/Theme Park/Amusement park /
Adventure Sports projects for at least 1 project.
5. Finance and 1 MBA (Finance) /CA/CFA or equivalent with 10
PPP Specialist years of experience in preparing financial models,
assessing suitable PPP options and structuring of
(Phase 1& 2) PPP Projects.
He/she should have experience in preparing
financial models and project structuring of at
least 1 PPP project in Infrastructure sector.
6. Bid Process 1 MBA or equivalent with 7 years of experience in
Management / preparing Bid Documents for PPP Projects with
Contract Expert experience in Government contracts with
Government of India / State Governments
(Phase 1& 2) undertaking
He/she should have experience in preparing Bid
Documents and Bid Process Management of not
less than 1 PPP project in Infrastructure sector
21
7. Mechanical 1 Degree in Mechanical Engineering

Engineering Specialist
He/she should have 7 years of experience in
preparation of Technical Feasibility Reports /
(Phase 1 & 2, 3)
Detailed Project Reports for Ropeway / Adventure
Sports project/ Theme Park / Amusement Park in
India or abroad for at least 1 project.
8. Conservation 1 Graduate in Architectural Engineering with 5 years

Architect of experience in projects involved in conservation
(Phase1, 2 & 3) of monuments, archaeological and heritage sites.
He/she should have experience in preparing
Detailed Project Report for Conservation of
Monuments / Archaeological sites / heritage sites
for at least 1 project.
Consultants Organizational Set-Up

It is mandatory that the Consultant provide adequate numbers of key personnel as given above
and in TOR. During Phase III, the Consultant shall be provided space for its resources by the
Concessionaire at the Concessionaires Site Office in Nandi Hills for which the Operation and
Maintenance cost shall be borne by the Concessionaire.
22
3. SECTION III. TECHNICAL PROPOSAL - STANDARD FORMS
Section Standard Forms
3.1 Technical Proposal submission form
3.2 Consultants references
3.3 Comments and suggestions on the Terms of Reference and on data services, and
facilities to be provided by the Client
3.4 Description of the methodology and work plan for performing the assignment.
3.5 Team composition and task assignments.

3.6
Format of Curriculum Vitae of proposed key professional staff.
3.7 Time schedule for professional personnel.

Activity (work) schedule.
3.8
High Level Concept Plan for Development of the proposed Ropeway at Nandi Hills
3.9
3.10 Power of Attorney of Authorized Signatory Format
3.11 Joint Venture Format
3.12 Financial Capacity of the Bidder
23
3.1. TECHNICAL PROPOSAL SUBMISSION FORM
[Location, Date]
From: (Name of Consultant)
___________________________
___________________________
___________________________
To: Director
#49, 2nd Floor, Khanija Bhavan,
Dear Sir
Subject: Transaction Advisory Services for Development of Ropeway at Nandi Hills
We, the undersigned, offer to provide the Transaction Advisory services for the above
in accordance with your Request for Proposal dated [Date], and our Proposal. We are
hereby submitting our Proposal which includes this Technical Proposal, and a
Financial Proposal sealed under a separate envelope.
We hereby undertake as follows:
1. All information provided in the Proposal and in the Appendices is true and correct and
all documents accompanying such Proposal are true copies of their respective
originals.
2. I/We shall make available to DoT any additional information it may deem necessary or
require for supplementing or authenticating the Proposal.
3. I/We certify that in the last three years, we or any of our Associate have neither
failed to perform on any contract, as evidenced 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 by any public authority
nor have had any contract terminated by any public authority for breach on our part.
4. I/We have examined and have no reservations to the RFP Documents, including any
Addendum issued by DoT.
5. I/We do not have any conflict of interest in accordance with Clause 2.7.1 of the RFP
Document;
6. I/We have not directly or indirectly or through an agent engaged or indulged in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice, as defined in Clause 2.1.8 of the RFP document, in respect of any
tender or request for proposal issued by or any Contract entered into with DoT or any
other public sector enterprise or any government, Central or State; and
7. The Proposal is unconditional and unqualified
24
8. I/We agree to keep this offer valid for 180 (Hundred and Eighty) days from the
Proposal Due Date specified in the RFP.
9. I/We understand that you may cancel the Selection Process at any time and that you
are neither bound to accept any Proposal that you may receive nor to select the
Consultant, without incurring any liability to the Bidders in accordance with Clause
2.7.3 of the RFP document.
If negotiations are held during the period of validity of the proposal, i.e., before [Date] we
undertake to negotiate on the basis of the proposed staff. Our proposal is binding upon us and
subject to the modifications resulting from contract negotiations.
We understand you are not bound to accept any proposal you receive.
Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Consultant:
Address:
25
3.2. CONSULTANT/ FIRMS REFERENCES
Relevant Services carried out in the last five (5) years that best illustrate Qualifications
Using the format below, provide information on each reference assignment for which your Firm/
Entity, either as a single firm as a corporate entity or as one of the major companies within an
association, was legally contracted.
Assignment Name:
Country:
Location within Country:
Key professional staff provided by your
Firm/entity(profiles):
Name and address of Client:

No. of Staff:
Address: No. of Staff-Months; duration of assignment:
Start Date
(Month/Year): Completion Date Approx. Value of Services (Rs.):
(Month/Year):
Name of Associated Consultant, if any:
No. of Months of Key professional staff,
provided by Associated Consultants:
Name of Senior Staff (Project Director/ Coordinator, Team Leader) involved and functions
performed:
Narrative Description of Project:
Description of actual services provided by your staff:
Consultant Name: _________________________
26
3.3. COMMENTS AND SUGGESTIONS OF CONSULTANT/ FIRMS ON THE TERMS OF REFERENCE AND
ON DATA, SERVICES, AND FACILITIES TO BE PROVIDED BY THE CLIENT
On the Terms of Reference:
1.
2.
3.
4.
5.
On the Data, Services, and Facilities to be provided by the Client
1.
2.
3.
4.
5.
Consultants Name: _____________________
27
3.4. DESCRIPTION OF THE OBJECTIVES OF THE ASSIGNMENT, METHODOLOGY AND WORK PLAN
FOR PERFORMING THE ASSIGNMENT
CONSULTANTS NAME:
Technical approach, methodology and work plan are key components of the Technical
Proposal. You are suggested to present your Technical Proposal divided into the following
two chapters:
a. Technical Approach and Methodology, and
b. Work Plan.
a. Technical Approach and Methodology: In this chapter the agency should explain their
understanding of the objectives of the Assignment/job, approach to the
Assignment/job, methodology for carrying out the activities and obtaining the
expected output, and the degree of detail of such output. Agency should highlight the
problems being addressed and their importance, and explain the technical approach
the agency would adopt to address them. Agency should also explain the
methodologies they propose to adopt and highlight the compatibility of those
methodologies with the proposed approach.
b. Work Plan: The consultant should propose and justify the main activities of the
Assignment/job, their content and duration, phasing and interrelations, milestones
(including interim approvals by the Employer), and delivery dates of the reports.
The proposed work plan should be consistent with the technical approach and
methodology, showing understanding of the Terms Of Reference(TOR) and ability to
translate them into a feasible working plan. A list of the final documents, including
reports, drawings, and tables to be delivered as final output, should be included here.
28
3.5. TEAM COMPOSITION AND TASK ASSIGNMENTS
1. Key Personnel
S. No. Name Position % time allocation Task
29
3.6. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED KEY PROFESSIONAL STAFF
Proposed Position (Only one candidate to be nominated for each position):

_____________________________
Name of Staff (Full

Name):______________________________________________________________ ______
Date of Birth: _______________________________

Nationality: ____________________________________
Education: [Indicate College/ university and other specialized education of staff member, giving
names of institutions, degrees obtained]
__________________________________________________________________
Years with Firm/Entity:

______________________________________________________________________
Membership of Professional Associations:

_____________________________________________________
Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading &
writing]:
Language Speaking Reading Writing
Kannada
Hindi
English
Employment Record: [Starting with present position, list in reverse order every employment held
by staff member since graduation]
From [Year] To [Year] Client Position Held
Detail Tasks Assigned Work undertaken that Best Illustrates Capability to handle
the Tasks Assigned
[List all tasks to be performed under [Among the assignments in which the staff has been
this assignment] involved, indicate the following information for those
assignments that best illustrate staff capability to handle
the tasks listed under Data Sheet Sub point b)]
Name of assignment or project:

Year:
Location:
Client:
Main project features:
Positions held:
Activities performed:
30
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, these data correctly
describe me, my qualifications, and my experience.
[Signature of staff member and authorized representative of the

Consultant] Date: Day/Month/Year Consultants Name:
31
3.7. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
S. Name Position Reports Due/

No. Activities Months (in the form of a Bar Chart)*
1 2 3 4 5 6 7 8 9 10 Number of Months
Full-time: ______________ Part-time: ____________________

Reports Due: ______________
Activities Duration: ______________
Signature: _______________________
* The Schedule should be for the period of completion of assignment (Authorized Representative)
Full Name: ___________________
Title: ___________________
Address: _____________________
32
3.8. ACTIVITY (WORK) SCHEDULE
A. Field Investigation and Study Items:
Month-wise Program (in form of Bar Chart) ++

Sl. Item of Activity [1st, 2nd, etc. are months from the start of assignment]
No (Nandi Hills) 4th 7th 8th 9th 10th 11th 32nd
1st 2nd 3rd 5th 6th
++ The Program should be period of completion of assignment.
B. Completion and Submission of Reports
S. No. Reports* Program: (Date)
1 Inception Report
2 Draft Feasibility Report
3 Final Feasibility Report
4 Bid Document (RFP/RFQ) and Concession Agreement
5 Tender Evaluation Report
6 Contract Management Plan
7 Monthly Progress Reports (For a period of 24 months)
* Can be modified as per requirement for an assignment
33
3.9 .HIGH LEVEL CONCEPT PLAN FOR DEVELOPMENT OF THE PROPOSED ROPEWAY AT NANDI
HILLS
CRITERIA DETAILS TO BE COVERED

PROPOSED Suitable Technology as per site requirements
TECHNOLOGY FOR
Carrying capacity of the Ropeway, area requirement and specification
ROPEWAY
and guidelines
INFRASTRUCTURE Details of infrastructure proposed to be provided

&ANCILLARY
Details of ancillary facilities proposed to be provided to users.
FACILITIES
BUSINESS MODEL Business model of the SPV for a PPP

Financing plan
Development plan
Operation plan including providing necessary services & utilities
Exit option for private player
TIME LINE Indicative time line of implementation as T0.(date of signing of

agreement with Consultant)
Work Plan for the Proposed Assignment
ANY OTHER Any other information as the Bidder feels necessary.

RELEVANT
INFORMATION
34
Appendix 3.10: Power of Attorney of Authorized Signatory Format
Know all men by these presents, we.. (Name of the firm and
address of the registered office) do hereby irrevocably constitute, nominate, appoint and
authorise Mr/
Ms (name), son/daughter/wife of and presently residing at
., who is presently employed with us and holding the position of
. , as our true and lawful attorney (hereinafter referred to as the
Authorized Signatory) 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 application
for pre-qualification and submission of our bid for Consultancy Services for the proposed
Ropeway Projects at Nandi Hill by the Director, Department of Tourism, (the Employer)
including but not limited to signing and submission of all applications, bids and other
documents and writings, participate in Pre-Proposal Conference and other meetings and
providing information/ responses to the Employer, representing us in all matters before the
Employer, signing and execution of all contracts and undertakings consequent to acceptance
of our bid, and generally dealing with the Employer in all matters in connection with or
relating to or arising out of our bid for the said Project and/ or upon award thereof to us
AND we hereby agree to ratify and confirm all acts, deeds and things done or caused to be
done by our said Attorney pursuant to and in exercise of the powers conferred by this Power
of Attorney and that all acts, deeds and things done by our said Authorized Signatory in
exercise of the powers hereby conferred shall and shall always be deemed to have been done
by us.
IN WITNESS WHEREOF WE, ., THE ABOVE NAMED IN PRINCIPAL HAVE EXECUTED

THIS POWER OF ATTORNEY ON THIS DAY OF ., 20...... in line with the following
points
The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executants(s) and when it is so required, the same should be under common seal
affixed in accordance with the required procedure.
Wherever required, the Applicant should submit for verification the extract of the
charter documents and documents such as a board or shareholders resolution/ power
of attorney in favour of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Applicant.
For
..
(Signature, name, designation and address)
Witnesses:
1.
2. (Notarised)
Accepted

(Signature)
(Name, Title and Address of the Authorized Signatory)

(* To be executed on appropriate non judicial stamp paper)
35
Appendix 3.11: Joint Venture Format
Memorandum of Understanding (*)
Between
_____________________
and
__________________________
Whereas the Director, Department of Tourism, Karnataka State the Employer has invited
proposal for appointment of Consultant for providing Consultancy (PMC) services, which
includes Preparation of Master Plan and Feasibility Report, Bid Process Management and
Project management consultancy services for the proposed 3 Ropeway Projects at Nandi
Hills hereinafter called the Project.
And Whereas _________________ (Lead Consultant) and _______________ Member

Consultant have agreed to form a Joint Venture to provide the said services to the Employer
as Consultancy Services; and
Now, therefore, it is hereby agreed by and on behalf of the Member Consultants as follows:
(i) ___________ will be the lead Consultant and ____________ will be the other Member
Consultant
(ii) _
_____________ (lead Consultant) shall be the in charge of overall administration of
contract and shall be authorised representative of all JV Consultants for conducting all
business for and on behalf of the JV during the bidding process and subsequently,
represent the joint venture for and on behalf of the JV for all contractual matters for
dealing with the Employer and the work Contractor if Consultancy work is awarded to JV.
(iii) A
ll JV partners do hereby undertake to be jointly and severely responsible for all the
obligation and liabilities relating to the consultancy work and in accordance with the
Terms of Reference of the Request for Proposal for the Consultancy Services.
(iv) S
ubsequently, if the JV is selected to provide the desired consultancy services, a detailed
MOU indicating the specific project inputs and role of each Consultant along with
percentage sharing of cost of services shall be submitted to the Employer (Consultant may
submit the detailed MOU along with percentage sharing of cost at the time of bidding
also).
For____________________ (Name of Lead Consultant Firm)

_______________________
Managing Director/Head of the Firm

Address
For____________________ (Name of Member Consultant Firm)
_______________________
Managing Director/Head of the Firm

Address
(* To be executed on appropriate non judicial stamp paper)
36
APPENDIX-3.12
(On the Letterhead of the Independent Auditor / Statutory Auditor)
Financial Capacity of the Bidder
Sl No Financial Year Turnover (in Rs.)

1. 2016-17
2. 2015-16
3. 2014-15
Certificate from Chartered Accountant
This is to certify that .................... (Name of the Bidder) has a turnover in the last three
financial years as shown in the table above.
(Signature, name and membership no. of auditor)
Name of the audit firm:
Seal of the audit firm :
Date:
Firm Registration No.:
37
4 SECTION IV. FINANCIAL PROPOSAL - STANDARD FORMS
3.1 Financial Proposal Submission Form
3.2 Summary of Costs
3.3 Breakdown of Costs
38
3.1 FINANCIAL PROPOSAL SUBMISSION FORM
From: (Name of Consultant)
___________________________
___________________________
___________________________
To: Director
#49, 2nd Floor, Khanija Bhavan,
Dear Sir
Subject: Consultancy Services for Development of Ropeway at Nandi Hills
We, the undersigned, offer to provide Consultancy Services for the above in
accordance with your Request for Proposal dated [Date], and our Proposal (Technical and
Financial Proposals). Our attached Financial Proposal is for the sum of
_____________________________________________ [Amount in Words and Figures] (including
taxes).
Our Financial Proposal shall be binding upon us subject to the Modifications resulting
from Contract Negotiations, up to expiration of the Validity Period of the Proposal, i.e., [Date].
We undertake that, in competing for (and, if the award to us, in executing) the above
Contract, we will strictly observe the Laws against Fraud and Corruption in force in India namely
Prevention of Corruption Act 1988.
We understand you are not bound to accept any proposal you receive.
Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Consultant:
Address:
39
3.2 SUMMARY OF COSTS
S. No. Description Amount (INR):

1. Inception Report
2. Preparation of Feasibility Report
3. Preparation of Bid Documents and Bid Process Management
4. Project management consultancy services for the entire
Construction period
5. GST
6. Krishi Kalyan Cess if applicable
7. Swach Bharat Cess if applicable
8. Total Cost*
* Amount to be quoted as Financial Proposal in Form 4A
3.3 BREAKDOWN OF COSTS (RS)
1. REMUNERATION FOR TEAM
S. Position Name Rate* (INR) Staff Month Amount (INR) :

No.
Key Professional Staff
Team Leader cum Management

1.
Specialist
Infrastructure/Engineering
2.
Specialist
3. Market Research Expert
4. Architect
5. Finance & PPP Specialist
6. Bid Process Management Expert

Mechanical Engineering
7.
Specialist
8. Conservation Architect
TOTAL
SM = Staff Month
*It is assumed that the same resources shall work on all the three projects. If required, these staff
month rates will be referred for any additional scope of work / additional resources. In Phase III if
there is any delay in commencement of project construction work or if the construction is
stopped temporarily, DoT may ask Consultant to reduce the no of resources deployed for that
period. For the said period, payment to the Consultant shall be made based on man month rates
quoted by the Consultant in Section 4.3 for the deployed number of resources.
40
5 SECTION V. TERMS OF REFERENCE
5.1 ABOUT DEPARTMENT OF TOURISM
Department of Tourism, Government of Karnataka, set up in 1974, plays an active role

and acts as a catalyst in placing Karnataka on the list of must-visit places in India through
several policy formulation measures that cover infrastructure development at tourism
destinations, skill development for better employment opportunities, mega circuit
Development and last mile connectivity. With 30 district offices , the Department
promotes the State, and its sustained marketing promotions and campaigns have finally
made the world sit up and take notice of the Many Worlds that make up this vibrant
state.
DoT proposes to develop Ropeway at Nandi Hills on PPP basis. The project involves
development of a Ropeway, recreational facilities with attractions/rides/shows for kids,
as well as other recreation activities for all age groups. The project also involves
development of peripheral infrastructure such as hotels, food & beverage establishments
and retail areas including merchandise stalls to diversify the revenue composition. Longer
stays and enhanced customer experience contribute towards increased revenues for the
Ropeway.
The Project is located in Nandi Hills in Chikkaballapur district. DoT proposes to develop
these locations as tourism sites that shall attract large tourists.
5.2 OBJECTIVES
The Consultant will be responsible for preparing a Feasibility Report for development of
Ropeway in Nandi Hills, Karnataka. The Consultant will also be responsible for preparing
Bid Documents and also for Bid Process Management for selection of Private Partners.
The scope would envisage but not be limited to detailed project preparation, technical
drawings and transaction advisory and provide technical, architectural, commercial,
financial and legal services in support of PPP project preparation and transactions, for
assignments which shall include but not limited to
(i) carry out feasibility studies;
(ii) assess PPP options;
(iii) conduct financial analysis and modeling, and project structuring;
(iv) provide necessary support for obtaining necessary permissions & clearances from
Archaeology Survey of India and any central/state agency
(v) prepare bidding documents and draft contracts;
(vi) carry out the bidding process until signing of the contract with the prospective
private sector proponent or concessionaire (same or different for each of the
three projects)
(vii) carry out project management consultancy services for the entire period of
construction of the project for each of the three projects.
41
DETAILED SCOPE OF SERVICES
Phase I: Preparation of Feasibility Report
5.2.1 Development of Master Plan and Feasibility Report for Nandi Hills:
The Consultant would be required to prepare a Master Plan for the development of
Ropeway at Nandi Hills in Chikkaballpur district. The Consultant will have to
recommend the suitable points for the origin and the landing of the ropeway and also
the extent of land that needs to be acquired for the development of ropeway project
with ancillary facilities. It may also include Recreation Park with
attractions/rides/shows for kids, as well as other tourist/recreation activities for all
age groups based on demand assessment. The project also involves development of
peripheral infrastructure such as hotels, food & beverage establishments and retail
areas including merchandise stalls to diversify the revenue composition. The master
plan would include access / exiting, parking facilities, public conveniences etc. The
master plan will contain a graphical and narrative description of development and their
integration with architectural treatment of existing and proposed facilities. The master
plan shall be finalized in consultation with DoT.
The master plan shall be finalized in consultation with DoT.
Based on the master plan finalized in consultation with DoT, the Consultant will
prepare a Feasibility Report for the project, in line with best international practice,
with design and project cost estimation.
The Feasibility Report for the Project shall cover the broad scope of project, estimated
cost, its affordability, and potential form of PPP, requirement of private finance,
optimum scope of PPP, risks identification, allocation and estimation. The financial
structuring / packaging of the project shall be based on the considerations that the
risks are allocated optimally to the partner best suited to handle it. A fair analysis of
the need assessment, affordability assessment, preliminary risk assessment and optimal
Value for Money (VfM) method of delivery shall be done while preparing the Feasibility
Report.
The success of the project would depend not only on good concept plan but also on its
proper marketing. As such, the Consultant is expected to have a very good set up for
marketing the concept plan, ultimately attracting a large number of investors private
entities, who are ready to invest money on the developed Master Plan and operate and
run the Ropeway with ancillary facilities. The marketing activities should be as per at
the terms and conditions mentioned in the RFP.
Phase II: Preparation of Bid Documents and Bid Process Management
5.2.2 Bid Document & Concession Agreement
For each of the three projects, this Phase shall commence only if it is arrived/
recommended in Phase I Feasibility study that the project is feasible to be
developed on PPP basis. For the projects determined as feasible to be developed on
PPP Basis, the Consultant shall prepare a complete set of procurement documents,
complying with Govt. of India and Govt. of Karnataka procurement law, policies and
42
guidelines pertaining to PPP and tendering. The documentation must be consistent

with the results of Feasibility Report. The Consultant must also provide to DoT all
the drafting, bidder communication and administrative support necessary for the
entire procurement process to be conducted in accordance with applicable law
(Karnataka Transparency in Public Procurement Act, 1999& Rules)
and to the highest standards of efficiency, quality and integrity. The Consultant shall
also support DoT in uploading relevant documents in Karnataka e-procurement
portal.
5.2.2.1 Request for Proposal
Consultant must prepare the Request for Proposal (RFP) documents in accordance
with the best industry practices, and in consistence with the project feasibility
report. RFP must clearly set out; scope of the work, design brief, broad output
specifications, revenue streams, financial parameters, bid process, bid evaluation
criteria and communication systems etc. Separate Request for Proposals shall be
prepared for each of the three projects.
5.2.2.2 Draft Concession Agreement
A Draft Concession Agreement to be signed between the selected bidder (same or

different for each project) and the DoT shall be prepared by the Consultant, based on
the best industry practice and the risk matrix developed in the project report for the
respective 3 projects. A close liaison with the DoT and with the Consultant would be
maintained in preparation of documents. It would include but not limited to, the
terms of Concession; conditions precedence; financial closure, services to be
provided; output based specifications of the project; obligations of the private sector
player; construction and installation work requirements, operation & maintenance
requirements; events of defaults, consequences of defaults, risk & responsibility,
events of force majeure, dispute resolution, institutional framework including
requirement of independent quality control, financing, lenders rights, transfer of
facility, and other legal and related clauses and all the other relevant details required
for the project to be developed on PPP basis.
5.2.2.3 Schedules of Agreement
The technical, financial, legal Schedules, which would be integral part of Concession
Agreement would cover; brief of existing site; scope of work, applicable bylaws and
regulation, broad specification for construction; operation & maintenance of the
facility during the concession; minimum implementation & operational standards,
detailed scope of activities/work for the facility, financing arrangements, indicative
list of clearances, formats of various other agreements required for the project in
support of the Concession.
5.2.2.4 Approval and Floating of RFP Document
After preparation of RFP documents, Consultant will submit them to DoT for
comments and suggestions. Pursuant to the incorporation of comments and
suggestions, final approval will be taken from the DoT. Pursuant to the approval of
RFP documents including the Concession Agreement and its Schedules, the bidders
would be issued the RFP document for submission of their proposals as per the terms
of RFP document.
43
5.2.2.5 Pre-bid Conference
Consultant will assist the DoT in the process of Pre-bid Conference. The Consultant
would make a presentation during the pre-bid conference to the bidders showing the
project details and the main issues/contents of the RFP document such as features
and bidding parameters; payment mechanism etc. Consultant will also answer the
written and verbal queries of the bidders on the project as well as RFP document in
consultation with DoT. A complete record of the comments/suggestions of the bidders
on the RFP documents shall be recorded by the Consultant and the RFP document be
revised in consultation with DoT. The Consultant shall also support DoT in uploading
relevant documents in Karnataka e-procurement portal.
5.2.2.6 Bid Evaluation
The Consultant would assist Evaluation Committee appointed by DoT, in the

evaluation of the received the proposals from various private sector players.
Consultant would evaluate the proposals as per the criteria stipulated in the RFP for
each project.
5.2.2.7 Contract Negotiations
Consultant shall assist DoT in final negotiations with the preferred bidder(s) (same or
different for each project). This will entail the preparation of suitable negotiations
teams, strategies, and categorization of issues, negotiation tactics and process of
reaching agreement. Consultant in close liaison with DoT, shall draft a comprehensive
Contract Management Plan for DoT for each of the three projects in accordance with
the provision of PPP agreement and in accordance with the best industries practices.
Consultant must assist DoT in signing the Agreement with the preferred bidder for
each project, after the submission of performance security and other guarantees in
accordance with the provisions of the Concession Agreement.
Phase III: Construction Supervision and Project Management
5.2.2.8 Construction Supervision and Project Management
The Consultant shall perform the principal services outlined below as part of
responsibility for the supervision of the works as a part of the Project management.
This phase would be initiated only after a suitable developer is on board with all
contract conditions completed. The Consultant shall provide qualified professional
staff with relevant experience for performing the services below. The Services will
include but not limited to the following:
a) Represent the interest of DoT vis-a-vis the Selected Developer in any manner
related to the construction contract and the proper execution thereof
b) Review the Detailed Project Report, designs and drawings prepared by the
Selected Developer, conduct tests, suggest and get changes incorporated if
required and handhold the client for DPR approval
c) Furnish for the use of the selected developer all necessary topographic survey
data as required for setting out of all permanent and temporary works.
44
d) Review and recommend for approval the selected developer's work schedule or
revisions thereto and any such plans or programs that the selected developer is
obliged to furnish for approval.
e) Examine and make recommendations on all claims from the Selected Developer
for extension of time, work or expenses or other similar matters.
f) Prepare and submit monthly reports on the progress of works, the Selected
Developer's performance, quality of works and the project's financial status and
forecasts.
g) Inform on problems or potential problems to the Client and Developer, which arise
in connection with the works contract and make recommendations for possible
solutions.
h) Prepare and maintain inspection and engineering reports and records to
adequately document the progress and performance of the works.
i) Review and approve the Selected Developers working drawings, and drawings for
temporary works.
j) Perform all survey measurements of completed or partial works where required
for the determination of quantities.
k) Organize and ensure materials testing on the basis of the provisions in the needed
to assure that the quality as per applicable codes.
l) Inspect the safety aspects of the construction and temporary works to ensure that
reasonable measures have been taken to protect life and property.
m) Before the issuance of the certificate of provisional acceptance by the Client, the
Consultant shall carry out the necessary inspection, specify and supervise any
remedial works to be carried out and recommend upon completion the inspection
with representatives of the Contracting Authority and assist in issuing the
certificate of substantial completion.
n) Submit after review, to DoT one complete set of reproducible, drawings showing
the "as constructed" project, to the extent requested by the Client and to the
extent possible based on information provided by the Selected Developer.
o) Perform all other tasks not specifically mentioned above but which are necessary,
and essential to successfully supervise and control all construction activities in
accordance with the terms of the works contract.
p) Render services as project management Consultant also to plan and for timely
completion the project. The Consultant shall examine the actual progress
achieved vis-vis, the accepted programme on regular basis. If any shortfall is
noticed, the Consultant shall study the reasons for such shortfall with specific
reference to the inadequacies in deployment of men, material and machinery at
the site. The Consultant shall bring to the notice of the Selected Developer to
provide adequate men, material and machinery that are absolutely essential to
wipe off the accumulated shortfall over a reasonable time frame and also to
prevent such occurrences of shortfall in future.
q) Provide DoT & their representatives with all details of progress achieved vis--vis,
the accepted work plan on regular basis. If there are repeated slippages between
the actual progress and work plan notwithstanding the action taken by the
Selected Developer, the Consultant shall report to DoT & their representatives
with all the facts and figures including reasons for such repeated slippages in
progress. The Consultant shall assist DoT& their representative in issuing notices
to the Selected Developer for wiping off the accumulated shortfall within a
reasonable time frame. The Consultant shall also work out the penalties to be
45
levied as per the agreement and intimate to DoT & their representative for taking
necessary action.
r) Deploy necessary competent and experienced design office professionals to
support the Project Management Team as and when required during construction.
s) Organize site meetings as and when required with the selected developer to
monitor the quality, construction schedule and any other matter pertaining to
project.
t) All activities related to field studies and documentation shall be done as per the
standard engineering practice and applicable codes.
u) The Consultant should have detailed Quality Assurance Plan (QAP) for all field
studies.
v) The Consultant shall conduct tests on completion of construction and issuing
Completion
/ Provisional Certificate
w) The Consultant must ensure to include Annual Maintenance Contract (AMC) for at
least 5 years as part of the Contract with the Developer
5.3 Reports, Time Schedule and Payment Schedule
5.3.1 Contract Schedule
The Consultancy services for Development of Ropeway at Nandi Hills will be required
for a period of 32 months respectively or for a period that shall be coterminous with
the completion of construction of the project.
5.3.2 Reports Schedule
The Consultant shall prepare and submit Five (5) copies of each of the Deliverables (in
English) to the Client for each of the three projects.
5.3.3 Contents of Reports
5.3.3.1 Inception Report

The Report should indicate the Consultants methodology for work plan and
deliverables
5.3.3.2 Master Plan and Feasibility Report

The Report should summarise the findings, analysis, results and recommendations of the
study, design and shall cover all the aspects as per the details mentioned in Clause 5.2.1
5.3.3.3 Bid Documents (RFP, Concession Agreement)

The Bid Documents shall cover the details mentioned in Clause 5.2.2.1, 5.2.2.2 and
5.2.2.3.
5.3.3.4 Bid Evaluation Report

The Consultant shall submit this Bid Evaluation report within the time schedule
indicated by the Client for review & comments of the Bid Evaluation committee of
DoT.
46
5.3.3.5 Contract Management Plan

The Consultant shall submit the Contract Management Plan for DoT in accordance
with the provision of PPP agreement and in accordance with the best industries
practices at the time of execution of agreement with the Private Partner(s). The
Contract Management Plan shall cover the entire concession period till handover of
the project facility to DoT.
5.3.3.6 Construction Supervision and Project Management Reports

Consultant shall submit 3 copies each of concise monthly Progress Report by the 5th
day of the following month to the Client office. The progress report shall include the
following so that progress could be monitored by the Client Representative
a) Analysis of the resources such as Men, Material and Machinery mobilized by the
Selected Developer
b) Physical and Financial Progress of the work and comparing the same with the
agreed work plan of the Selected Developer
c) Suggestions for the shortfalls, if any, in the achieved progress
d) Summary of the quality control and assurance
e) Proposal for corrective action and follow up on corrective action
f) List and details of the various inspection notes given by the concerned officers
g) Details of Project review meetings held at sites
h) Project Photographs indicating various site activities in the order of progress of
work sequentially.
5.3.3.7 Quality Control and Quality Assurance Reports
Consultantshall submit a report on quality control and assurance with all test records
with observation on the deficiencies and the rectification measures adopted. The
Consultant shall conduct 25% of the test that are mandated as per Bureau of Indian
Standards, Indian Road Congress, and other Standard Testing procedures covering all
civil, mechanical and other quality aspects. The Consultant shall verify the test
reports of balance 75% tests that the Selected Developer carried out during the
construction stage out of which 25% of the tests shall be carried out in NABL/NACC
accredited laboratories. The Consultant shall vet all safety and other test reports for
the Client before final commissioning of the project.
5.3.4 Reports and Time schedule
The total duration for this Assignment of Transaction Advisory Services shall be 32
(Thirty Two) months, excluding the time taken by the DoT in providing the requisite
documents or in conveying its comments on the Drafts for Master Plan, Feasibility
Report, Bid documents. The Consultant shall deploy its Key Personnel as per the
Deployment of Personnel proposed. The Deliverables and the Time schedule on a
cumulative basis for the Deliverables of the Assignment are given below:
47
Milestone
Timeline (T=0) (months) on
a cumulative basis
Inception report 0.5
Draft Feasibility Report 1.5
Final Feasibility Report 2
Bid Document (RFP/RFQ) and Concession Agreement 4
6
Tender Evaluation Report and Award of the project
as per terms and conditions of RFP Document
prepared by Consultant approved by DoT
8
Contract Management Plan at the time of execution
of agreement with the Private Partner
32 months
Monthly progress reports

To be delivered for a period of 24 months
construction period for Nandi Hills
*Note This phase would start only after the developer
has been selected and contract signed between DoT
and Developer for the particular site
5.3.5 Obligations of the Client
5.3.5.1 Documents
The Department of Tourism shall provide the Consultant with copies of all data and
reports available and considered relevant to the execution of Consultants work and
liaison with other departments for access of information and data
5.3.5.2 Liaison and Access

The Department of Tourism shall provide liaison with other Government agencies and
Departments for the introduction of the Consultant. The Consultant shall be given
unhindered access to the relevant agencies/ Departments in order to complete the
project successfully.
5.3.6 Specific Responsibilities of the Consultant
The Consultant/firm shall be fully responsible for collecting data and information from
the Government agencies.
All information, data and reports obtained from these agencies in the execution of the
services shall be properly reviewed and analyzed by the Consultant.
48
SECTION VI: CONTRACT FOR CONSULTANCY SERVICES
Between
____________________________
[Name of Client]
AND
____________________________
[Name of Consultant]
Dated:
49
CONTENTS PageNo
FORM OF CONTRACT 52
GENERAL CONDITIONS OF CONTRACT 54
1. General Provisions 54
1.1 Definitions 54
1.2 Law Governing the Contract 54
1.3 Language 55
1.4 Notices 55
1.5 Location 55
1.6 Authorized Representatives 55
1.7 Taxes and Duties 55
2. Commencement, Completion, Modification, and Termination of Contract 55
2.1 Effectiveness of Contract 55
2.2 Commencement of Services 55
2.3 Expiration of Contract 55
2.4 Modification 55
2.5 Force Majeure 55
2.5.1 Definition 55
2.5.2 No Breach of Contract 56
2.5.3 Extension of Time 56
2.5.4 Payments 56
2.6 Suspension 56
2.7 Termination 56
2.7.1 By the Client 56
2.7.2 By the Consultants 57
2.7.3 Cessation of Rights and Obligations 57
2.7.4 Cessation of Services 57
2.7.5 Payment upon Termination 57
3. Obligations of the Consultants 58
3.1 General 58
3.2 Conflict of Interest 58
3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc
58
3.2.2 Procurement Rules of Funding Agencies 58
3.2.3 Consultants and Affiliates Not to engage in certain Activities 58
3.2.4 Prohibition of Conflicting Activities 58
3.3 Confidentiality 59
3.4 Insurance to Be Taken Out by the Consultants 59
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3.5 Consultants Actions Requiring Clients Prior Approval 59

3.6 Reporting Obligations 59
3.7 Documents Prepared by the Consultants to be the Property of the Client 59
3.8 Equipment and Materials Furnished by the Client 59
4. Consultants Personnel and Sub-Consultants 60
4.1 Description of Personnel 60
4.2 Removal and/or Replacement of Personnel 60
5. Obligations of the Client 60
5.1 Assistance and Exemptions 60
5.2 Services and Facilities. 60
6. Payments to the Consultants 61
6.1 Lump Sum Remuneration 61
6.2 Contract Price 61
6.3 Payment for Additional Services 61
6.4 Terms and Conditions of Payment 61
6.5 Interest on Delayed Payments 61
7. Settlement of Disputes 61
7.1 Amicable Settlement 61
7.2 Dispute Settlement 61
III. SPECIAL CONDITIONS OF CONTRACT 62
IV. APPENDICES 66
Appendix A Description of the Services. 66
Appendix B Deliverables By Consultants And Performance Of Consultants 66
Appendix C Key Personnel and Sub-Consultants 66

Appendix D Services and Facilities to be provided by the Client 66
Appendix E Breakdown of Contract price in Indian Rupees 66
Appendix F Form of Performance Security (Performance Bank Guarantee) 67
51
I. FORM OF CONTRACT
This CONTRACT (hereinafter called the "Contract") is made on the _________ day of the
month of ______________, 2017__, between, on the one hand, ___________ (hereinafter
called the "Client") and, on the other hand, _______________ (hereinafter called the
"Consultant").
[*Note: If the Consultant consist of more than one entity, the above should be partially
amended to read as follows:
......(hereinafter called the "Client") and, on the other hand, a consortium consisting of
the following entities, each of which will be jointly and severally liable to the Client for all
the Consultants obligations under this Contract, namely, ________________ and
_______________________ (hereinafter called the "Consultant]
WHEREAS
a) the Client has requested the Consultant to provide certain Transaction Advisory services
as defined in the General Conditions of Contract attached to this Contract (hereinafter
called the
"Services");
b) the Consultant, having represented to the Client that they have the required
professional skills, and personnel and technical resources, have agreed to provide the
Services on the terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
i. The following documents attached hereto shall be deemed to form an integral part of
this Contract:
a) The General Conditions of Contract (hereinafter called "GC");
b) The Special Conditions of contract (hereinafter called "SC");
c) The following Appendices:
Appendix A: Description of the Services
Appendix B: Reporting Requirements
Appendix C: Key Personnel and Sub-consultants
Appendix D: Services and Facilities to be provided by the Client
Appendix E: Breakdown of Contract Price
Appendix F: Form of Guarantee for Advance Payments
[Note: If any of these Appendices are not used, the words "Not Used" should be
inserted below next to the title of the Appendix on the sheet attached hereto
carrying the title of that Appendix.]
52
ii. The mutual rights and obligations of the Client and the Consultant shall be as set
forth in the Contract, in particular:
a) The Consultant shall carry out the Services in accordance with the provisions of
the
Contract; and
b) The Client shall make payments to the Consultant in accordance with the
provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
FOR AND ON BEHALF OF
[NAME OF CLIENT]
By
(Authorized Representative)
FOR AND ON BEHALF OF
[NAME OF CONSULTANT]
By
[Note: If the Consultant consist of more than one entity, all of these entities should appear
as signatories, e.g., in the following manner:]
FOR AND ON BEHALF OF EACH OF
THE MEMBERS OF THE CONSULTANT
[Name of Member]
By
[Name of Member]
By
53
II. GENERAL CONDITIONS OF CONTRACT
1. General Provisions
1.1. Definitions
Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:
a) "Applicable Law" means the laws and any other instruments having the force of law in
India, as they may be issued and in force from time to time;
b) "Contract" means the Contract signed by the Parties, to which these General Conditions
of Contract (GC) are attached, together with all the documents listed in Clause 1 of
such signed Contract;
c) Effective Date means the date on which this Contract comes into force and effect
pursuant to Clause GC 2.1
d) Contract Price means the price to be paid for the performance of the Services, in
accordance with Clause 6;
e) "GC" means these General Conditions of Contract;
f) "Government" means the Government of Karnataka;
g) "Local currency" means Indian Rupee;
h) "Member", in case the Consultant consist of a consortium of more than one entity,
means any of these entities, and "Members" means all of these entities; Member in
Charge means the entity specified in the SC to act on their behalf in exercising all the
Consultants rights and obligations towards the Client under this Contract.
i) "Party" means the Client or the Consultant, as the case may be, and Parties means both
of them;
j) "Personnel" means persons hired by the Consultant or by any Sub-consultant as

employees and assigned to the performance of the Services or any part thereof; and
key personnel means the personnel referred to in Clause GC4.2 (a)
k) "SC" means the Special Conditions of Contract by which these General Conditions of
Contract may be amended or supplemented;
l) "Services" means the work to be performed by the Consultant pursuant to this Contract
as described in Appendix A; and
m) "Sub-consultant" means any entity to which the Consultant subcontract any part of the
Services in accordance with the provisions of Clauses 3.5 and 4.
n) Third party means any person or entity other than the Government, the Client, the
Consultant, or a Sub-Consultant.
1.2. Law Governing the Contract

This Contract, its meaning and interpretation, and the relation between the Parties
shall be governed by the Applicable Law.
54
1.3. Language
This Contract has been executed in English language, which shall be the binding and
controlling language for all matters relating to the meaning or interpretation of this
Contract.
1.4. Notices
Any notice, request or consent made pursuant to this Contract shall be in writing and
shall be deemed to have been made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or when sent by
registered mail or email to such Party at the address specified in the SC.
1.5. Location
The Services shall be performed at such locations as are specified in Appendix A and,
where the location of a particular task is not so specified, at such locations, whether in
Karnataka or elsewhere, as the Client may approve.
1.6. Authorized Representatives

Any action required or permitted to be taken, and any document required or permitted
to be executed, under this Contract by the Client or the Consultant may be taken or
executed by the officials specified in the SC.
1.7. Taxes and Duties

The Consultant, Sub-consultants and their Personnel shall pay such taxes, duties, fees
and other impositions as may be levied under the Applicable Law, the amount of which
is deemed to have been included in the Contract Price.
2. Commencement, Completion, Modification and termination of Contract
2.1. Effectiveness of Contract

This Contract shall come into effect on the date the Contract is signed by either Parties
or such other later date as may be stated in the SC.
2.2. Commencement of Services

The Consultant shall begin carrying out the Services within thirty (30) days after the
date the Contract becomes effective, or at such other date as may be specified in the
SC.
2.3. Expiration of Contract

Unless terminated earlier pursuant to Clause 2.7, this Contract shall terminate at the
end of such time period after the Effective Date as is specified in the SC. .
2.4. Modification
Modification of the terms and conditions of this Contract, including any modification of
the scope of the Services or of the Contract Price, may only be made by written
agreement between the Parties.
2.5. Force Majeure
2.5.1. Definition
For the purposes of this Contract, "Force Majeure" means an event which is
beyond the reasonable control of a Party, and which makes a Party's performance
of its obligations under the Contract impossible or so impractical as to be
considered impossible under the circumstances.
55
2.5.2. No Breach of Contract

The failure of a Party to fulfill any of its obligations under the contract shall not
be considered to be a breach of, or default under this Contract insofar as such
inability arises from an event of Force Majeure, provided that the Party affected
by such an event (a) has taken all reasonable precautions, due care and
reasonable alternative measures in order to carry out the terms and conditions of
this Contract, and (b) has informed the other Party as soon as possible about the
occurrence of such an event.
2.5.3. Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete any
action or task, shall be extended for a period equal to the time during which such
Party was unable to perform such action as a result of Force Majeure.
2.5.4. Payments
During the period of their inability to perform the Services as a result of an event
of Force Majeure, the Consultant shall be entitled to continue to be paid under
the terms of this Contract, 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 Service after the end of such period.
2.6. Suspension
The Client may by written notice of suspension to the Consultant, suspend all
payments to the Consultant hereunder if the Consultant fail to perform any of
their obligations under this contract, including the carrying out of the Services,
provided that such notice of suspension (I) shall specify the nature of the failure,
and (ii) shall request the Consultant to remedy such failure within a period not
exceeding thirty (30) days after receipt by the Consultant of such notice of
suspension.
2.7. Termination
2.7.1. By the Client

The Client may terminate this Contract, by not less than thirty (30) days written
notice of termination to the Consultant, to be given after the occurrence of any
of the events specified in paragraphs (a) through (d) of this Clause 2.7.1 and sixty
(60) days in the case of the event referred to in (e):
a) if the Consultant do not remedy a failure in the performance of their obligations
under the Contract, within thirty (30) days of receipt after being notified or
within such further period as the Client may have subsequently approved in
writing;
b) if the Consultant (or any of their Members) become insolvent or bankrupt;
c) if, as the result of Force Majeure, the Consultant are unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or
d) If the Consultant, in the judgment of the Client has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract. For the
purpose of this clause:
Corrupt practice means the offering, giving, receiving or soliciting of anything
of value to influence the action of a public official in the selection process or in
contract execution.
56
Fraudulent practice means a misrepresentation of facts in order to influence a

selection process or the execution of a contract to the detriment of GOK, and
includes collusive practice among Consultants (prior to or after submission of
proposals) designed to establish prices at artificial non-competitive levels and to
deprive GOK of the benefits of free and open competition.
e) If the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract.
2.7.2. By the Consultant

The Consultant may terminate this Contract, by not less than thirty (30) days'
written notice to the Client, such notice to be given after the occurrence of any
of the events specified in paragraphs (a) through (c) of this Clause 2.7.2:
a) If the Client fails to pay any monies due to the Consultant pursuant to this
Contract and not subject to dispute pursuant to Clause 7 hereof within forty-five
(45) days after receiving written notice from the Consultant that such payment is
overdue;
b) If the Client is in material breach of its obligations pursuant to this Contract and
has not remedied the same with in forty-five (45) days (or such longer period as
the Consultant may have subsequently approved in writing) following the receipt
by the Client of the
Consultants notice specifying such breach;
c) If, as the result of Force Majeure, the Consultant are unable to perform a material
portion of the Services for a period of not less than sixty (60) days.
2.7.3. Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clause GC 2.7, or upon expiration
of this Contract pursuant to Clause GC 2.3, all rights and obligations of the Parties
hereunder shall cease, except :
a) such rights and obligations as may have accrued on the date of termination or
expiration;
b) the obligation of confidentiality set forth in Clause GC 3.3 hereof;
c) Any right which a Party may have under the Applicable Law.
2.7.4. Cessation of Services

Upon termination of this Contract by notice of either Party to the other pursuant
to Clauses GC 2.7.1 or GC 2.7.2 hereof, the Consultant shall, immediately upon
dispatch or receipt of such notice, take all necessary steps to bring the Services to
a close in a prompt and orderly manner and shall make every reasonable effort to
keep expenditures for this purpose to a minimum. With respect to documents
prepared by the Consultant and equipment and materials furnished by the Client,
the Consultant shall proceed as provided, respectively, by Clauses GC 3.7 and GC
3.8.
2.7.5. Payment upon Termination

Upon termination of this Contract pursuant to Clauses 2.7.1 or 2.7.2, the Client
shall make the following payments to the Consultant:
a) remuneration pursuant to Clause 6 for Services satisfactorily performed prior to
the effective date of termination;
57
b) Except in the case of termination pursuant to paragraphs (a) and (b) of Clause
2.7.1, reimbursement of any reasonable cost incident to the prompt and orderly
termination of the Contract.
3. Obligations of the Consultant
3.1. General
The Consultant shall perform the Services and carry out their obligations hereunder
with all due diligence, efficiency and economy, in accordance with generally accepted
professional techniques and practices, and shall observe sound management practices,
and employ appropriate advanced technology and safe methods. The Consultant shall
always act, in respect of any matter relating to this Contract or to the Services, as
faithful advisers to the Client, and shall at all times support and safeguard the Client's
legitimate interests in any dealings with Sub-consultants or third parties.
3.2. Conflict of Interests
3.2.1. Consultant Not to Benefit from Commissions, Discounts, etc.

The remuneration of the Consultant pursuant to Clause 6 shall constitute the
Consultant' sole remuneration in connection with this Contract or the Services,
and the Consultant shall not accept for their own benefit any trade commission,
discount or similar payment in connection with activities pursuant to this Contract
or to the Services or in the discharge of their obligations under the Contract, and
the Consultant shall use their best efforts to ensure that the Personnel, any Sub-
consultants, and agents of either of them, similarly shall not receive any such
additional remuneration.
3.2.2. Procurement Rules of Funding Agencies

If the Consultant, as part of the Services, have the responsibility of advising the
Client on the procurement of goods, works or services, the Consultant shall
comply with any applicable procurement guidelines of the funding agencies and
shall at all times exercise such responsibility in the best interest of the Client.
Any discounts or commissions obtained by the Consultant in the exercise of such
procurement responsibility shall be for the account of the Client.
3.2.3. Consultant and Affiliates Not to engage in certain Activities

The Consultant agree that, during the term of this Contract and after its
termination, the Consultant and their affiliates, as well as any Sub-consultant and
any of its affiliates, shall be disqualified from providing goods, works or services
(other than the Services and any continuation thereof) for any project resulting
from or closely related to the Services.
3.2.4. Prohibition of Conflicting Activities

Neither the Consultant 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 Contract, any business or professional activities in the
Government's country which would conflict with the activities assigned to them
under this
Contract; or
58
b) After the termination of this Contract, such other activities as may be specified
in the SC.
3.3. Confidentiality
The Consultant, their Sub-consultants, and the Personnel of either of them shall not,
either during the term or within two (2) years after the expiration of this Contract,
disclose any proprietary or confidential information relating to the Project, the
Services, this Contract, or the Client's business or operations without the prior written
consent of the Client.
3.4. Insurance to be taken out by the Consultant

The Consultant (a) shall take out and maintain, and shall cause any Sub-consultants to
take out and maintain, at their (or the Sub-consultants', as the case may be) own cost
but on terms and conditions approved by the Client, insurance against the risks, and
for the coverage, as shall be specified in the SC; and (b) at the Client's request, shall
provide evidence to the Client showing that such insurance has been taken out and
maintained and that the current premiums have been paid.
3.5. Consultant Actions Requiring Clients Prior Approval

The Consultant shall obtain the Clients prior approval in writing before taking any of
the following actions:
a) entering into a subcontract for the performance of any part of the Services, it
being understood (I) that the selection of the Sub-consultant and the terms and
conditions of the subcontract shall have been approved in writing by the Client
prior to the execution of the subcontract, and (ii) that the Consultant shall remain
fully liable for the performance of the
Services by the Sub-consultant and its Personnel pursuant to this Contract;
b) appointing such members of the Personnel not listed by name in Appendix C (Key
Personnel and Sub-consultants), and
c) Any other action that may be specified in the SC.
3.6. Reporting Obligations

The Consultant shall submit to the Client the reports and documents specified in
Appendix B in the form, in the numbers, and within the periods set forth in the said
Appendix.
3.7. Documents Prepared by the Consultant to Be the Property of the Client
All plans, drawings, specifications, designs, reports and other documents and software
submitted by the Consultant in accordance with Clause 3.6 shall become and remain
the property of the Client, and the Consultant shall, not later than upon termination or
expiration of this Contract, deliver all such documents and software to the Client,
together with a detailed inventory thereof. The Consultant may retain a copy of such
documents and software. Restrictions about the future use of these documents, if any,
shall be specified in the SC.
3.8. Equipment and Materials Furnished by the Client

Equipment and materials made available to the Consultant by the Client or purchased
by the Consultant with funds provided by the Client shall be the property of the Client
and shall be marked accordingly. Upon termination or expiration of this Contract, the
Consultant shall make available to the Client an inventory of such equipment and
materials and shall dispose of such equipment and materials in accordance with the
59
Clients instructions. While in possession of such equipment and materials, the

Consultant, unless otherwise instructed by the Client in writing, shall insure them at
the expense of the Client in an amount equal to their replacement value.
3.9. Equipment and materials made available to the Consultants by the Client or purchased
by the Consultants with funds provided by the Client shall be the property of the Client
and shall be marked accordingly. Upon termination or expiration of this Contract, the
Consultants shall make available to the Client an inventory of such equipment and
materials and shall dispose of such equipment and materials in accordance with the
Clients instructions. While in possession of such equipment and materials, the
Consultants, unless otherwise instructed by by the Client in writing, shall insure them at
the expense of the Client in an amount equal to their replacement value.
4. Consultant Personnel and Sub-Consultants
4.1. Description of Personnel

The titles, agreed job descriptions, minimum qualifications and estimated periods of
engagement in the carrying out of the Services of the Consultant' Key Personnel are
described in Appendix C. The Key Personnel and Sub-consultants listed by title as well
as by name in Appendix C are hereby approved by the Client.
4.2. Removal and/or Replacement of Personnel

a) Except as the Client may otherwise agree, no changes shall be made in the Key
Personnel. If, for any reason beyond the reasonable control of the Consultant, it
becomes necessary to replace any of the Key Personnel, the Consultant shall forthwith
provide as a replacement a person of equivalent or better qualifications.
b) If the Client finds that any of the Personnel have (I) committed serious misconduct or
has been charged with having committed a criminal action, or (ii) have reasonable
cause to be dissatisfied with the performance of any of the Personnel, then the
Consultant shall, at the Client's written request specifying the grounds therefor,
forthwith provide as a replacement a person with qualifications and experience
acceptable to the Client.
c) The Consultant shall have no claim for additional costs arising out of or incidental to
any removal and/or replacement of Personnel.
5. Obligations of the Client
5.1. Assistance and Exemptions

Unless otherwise specified in the SC, the Client shall use its best efforts to ensure that
the Government shall:
a) issue to officials, agents and representatives of the Government all such instructions as
may be necessary or appropriate for the prompt and effective implementation of the
Services;
b) assist the Consultant and the Personnel and any Sub-consultants employed by the
Consultant for the Services from any requirement to register or obtain any permit to
practice their profession or to establish themselves either as a single firm or as a
consortium according to the
Applicable Law;
c) Provide to the Consultant, Sub-consultants and Personnel any such other assistance as
may be specified in the SC.
60
5.2. Services and Facilities

The Client shall make available to the Consultant and the Personnel, for the purposes of
the services and free of any charge, the services, facilities and property described in
Appendix D at the times and in the manner specified in said Appendix D, provided that
if such services, facilities and property shall not be made available to the Consultants
as and when so specified, the Parties shall agree on (I) any time extension that it may
be appropriate to grant to the Consultant for the performance of the Services, (ii) the
manner in which the Consultant shall procure any such services, facilities and property
from other sources, and (iii) the additional payments, if any, to be made to the
Consultant as a result thereof.
6. Payment to the Consultant
6.1. Lump Sum Remuneration

The Consultants total remuneration shall not exceed the Contract Price and shall be a
fixed lump sum including all staff costs, Sub-consultants costs, printing,
communications, travel, accommodation, and the like, and all other costs incurred by
the Consultant in carrying out the Services described in Appendix A. Except as provided
in Clause 5.2, the Contract Price may only be increased above the amounts stated in
clause 6.2 if the Parties have agreed to additional payments in accordance with Clause
2.4.
6.2. Contract Price
The Contract price is set forth in the SC
6.3. Payment for Additional Services

For the purpose of determining the remuneration due for additional services as may be
agreed under Clause 2.4, a breakdown of the lump sum price is provided in Appendices
D and E.
6.4. Terms and Conditions of Payment

Payments will be made to the account of the Consultant and according to the payment
schedule stated in the SC, unless otherwise stated in the SC, the first payment shall be
made against the provision by the Consultant of a bank guarantee for the same amount,
and shall be valid for the period stated in the SC. Any other payment shall be made
after the conditions listed in the SC for such payment have been met, and the
Consultant have submitted an invoice to the Client specifying the amount due.
6.5. Interest on Delayed Payments
If the Client has delayed payments beyond thirty (30) days after the due date stated in
the SC, interest shall be paid to the Consultant for each day of delay at the rate stated
in the SC.
7. Settlement of Disputes
7.1. Amicable Settlement

The Parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this Contract or its interpretation.
7.2. Dispute Settlement

Any dispute between the Parties as to matters arising pursuant to this Contract that
cannot be settled amicably within thirty (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 provisions specified in the SC.
61
III. SPECIAL CONDITIONS OF CONTRACT
GC Clause of Reference
1.1. (h) The member in charge is Director, Department of Tourism
Consultant / Consultants, means the Independent Firm or the Lead Member of

The Consortium of firms applying for the tender
No Consultant shall submit more than one Application for the assignment.
A Consultant applying as an independent firm shall not be entitled to submit
another application.
1.4. The addresses are:

Client
Attention: Director, Department of Tourism,
2nd Floor, Khanija Bhavan,
No 49, Race Course Road Bengaluru
Telex: 080 -22352525
Email: director@karnatakatourism.org
Consultant
Attention:
Email:
Notice shall be deemed to be effective as follows:
a) In the case of Personal Delivery or Registered Mail, on delivery.
b) In the case of E mail, 24 hours following Confirmed Transmission.
1.6. The Authorized Representatives are:
For the Client:

Director, Department of Tourism, Bengaluru
For the Consultant:

----------------------------------------
1.7. The Consultant and its Personnel shall pay the Taxes, Duties, Fees, Levies and other
Impositions levied under the Existing, Amended or Enacted Laws during the Life of
this Contract and the Client shall perform such Duties in regard to the Deduction of
such Taxes as may be lawfully imposed.
However, the Consultancy Service Tax payable for this Consultancy Services shall be
paid / reimbursed by the Client separately as per the prevailing rate.
2.1. The Date on which this Contract shall come into Effect is: The Date of Agreement
2.2. Commencement of Services shall be within 7 days of signing of the contract
2.3. Time period of the Contract will be 32 months or for a period that shall be
coterminous with the completion of construction of the project.
62
2.7.1. e) With respect to Performance of Contract as per Scope of Service
3.4. The Risks and the Coverages shall be:
a) Third Party Liability Insurance, with a Minimum Coverage for [insert amount] for the
Period of Consultancy;
b) Clients Liability and Workers Compensation Insurance in respect of the Personnel of
the Consultant and of any sub Consultant, in accordance with the Relevant Provisions of
the Applicable Law, as well as, with respect to such Personnel, any such Life, Health,
Accident, Travel or other Insurance as may be appropriate;
c) Professional Liability Insurance, with a Minimum Coverage equal to total Contract
Value for this Consultancy; and
Insurance against Loss of or damage to (i) Equipment purchased in whole or in part with
Funds provided under this Contract (ii) the Consultants Property used in the Performance
of the Services, and (iii) any Documents prepared by the Consultant in the Performance
of the Services.
3.5. c)The other actions are As defined in Terms of Reference
3.7. The Consultant shall not use these documents for purposes unrelated to this Contract
without the prior written approval of the Client.
3.9 Not Applicable
5.1. b) Not Applicable
5.1 c) List any changes or additions to Clause GC 5.1. If there are no such changes or
additions, delete this clause from the SC.
6.2. The amount of Contract is INR__________________________________________ *The

amount of the Contract is cumulative, however breakdown for each site shall be
given as payments shall be made according to site-wise progress.
6.4. Payments shall be made according to the following schedule.

The Payment Schedule shall be based on the below mentioned percentages of the
Contract Price component for Nandi Hills:
Price Milestone
10% On Approval of inception report
10% On Approval of Draft Feasibility Report
10% On Approval of Final Feasibility Report
10% On approval of Bid Documents and Concession Agreement
63
15% On Acceptance of Report of Tender Evaluation Report and Award

of the project as per terms and conditions of RFP Document
prepared by
Consultant and approved by DOT
15%
On Approval of Contract Management Plan at the time of
execution of agreement with the Private Partner
30%
Milestone based payments over a period of 24 months period
coterminous with completion of construction. The milestones
shall be determined at the time of finalization of contract with
the Private Partner. If the period gets extended by more than 24
months, the staff month rates in Appendix E shall be considered
for determining the payment for the period beyond 24 months.
*Note: The Contract price is inclusive of GST and applicable cess. In case there are
changes, in applicable taxes / cess, the same shall be remitted to the consultant.
6.5. Payment shall be made within 60 days of receipt of the invoice and the relevant
documents specified in Clause 6.4, and within 90 days in the case of the final
payment. The interest rate is 5% per annum.
7.2. Disputes shall be settled by arbitration in accordance with the following provisions
7.2.1. Selection of Arbitrators
Each dispute submitted by a Party to arbitration shall be heard by a sole arbitrator or

an arbitration panel composed of three arbitrators, in accordance with the following
provisions & as per the Circular issued by Govt. of Karnataka Vide No LAW 273 L AC
2012(p) Dtd.
10.01.2014:
Any Dispute or difference or claim arising out of, or in connection with, or relating to
the present contract or the breach, termination or invalidity thereof, shall be
referred and settled under the Arbitration Center-Karnataka (Domestic and
International)Rules 2012,by one or more arbitrators appointed in accordance with its
rules.
7.2.2. Rules of Procedure
Any Dispute or difference or claim arising out of, or in connection with, or relating to
the present contract or the breach, termination or invalidity thereof, shall be
referred and settled under the Arbitration Center-Karnataka (Domestic and
International) Rules 2012, by one or more arbitrators appointed in accordance with its
rules.
64
7.2.3. Substitute Arbitrators
If for any reason an arbitrator is unable to perform his function, a substitute shall be
appointed in the same manner as the original arbitrator.
7.2.4. Qualifications of Arbitrators
The sole arbitrator or the third arbitrator appointed pursuant to paragraphs (a)
through (c) of Clause 7.2.1 hereof shall be a nationally recognized legal or technical
expert with extensive experience in relation to the matter in dispute.
7.2.5. Miscellaneous
In any arbitration proceeding here under:
a) Proceedings shall, unless otherwise agreed by the Parties, be held in Bangalore.

b) The decision of the sole arbitrator or of a majority of the arbitrators (or of the
third arbitrator if there is no such majority) shall be final and binding and shall be
enforceable in any court of competent jurisdiction, and the Parties hereby waive
any objections to or claims of immunity in respect of such enforcement.
Penalty on Non Submission of Deliverables as per Timelines
The submission of the Deliverables shall be done in the time frame as prescribed in
Appendix B. However a grace period of 20% of the time is allowed in case of difficulties
as determined by the Client. If the submission of deliverables is delayed, for beyond
the period specified in Terms of Reference will call for a penalty of Rs. 5,000 per day.
However if the delay is more than a month, Client has a right to en-cash the
performance security and terminate the contract.
Penalty for Faulty Designs / Reports

At any stage of the project, if the client finds that the Reports / Designs submitted by the
Consultant is faulty/erroneous, the Client shall have the right to levy a penalty of 10% of the
total value of the contract and shall have the right to invoke the Performance Security.
65
IV. APPENDICES
Appendix A: Description of the Services

[Give detailed descriptions of the Services to be provided; dates for completion of various
tasks, place of performance for different tasks; specific tasks to be approved by Client,
etc.]
Appendix B: Reporting Requirements

As per standard norms & as per requirements of Client
[List format, frequency, contents of reports and number of copies; persons to receive
them; dates of submission, etc. If no reports are to be submitted, state here "Not
applicable".]
Appendix C: Key Personnel and Sub-consultants

C-1 Titles [and names, if already available], detailed job descriptions and minimum
qualifications. Experience of Key Personnel to be assigned to work, and staff-months for
each.
C-2 List of approved Sub-consultants [if already available]; same information with respect
to their Personnel as in C-1 through C-2)]
Appendix D: Services and Facilities to be provided by the Client

The Client will provide the following Services and Facilities:
All Background Information related to the project and the project site available with DoT
shall be shared with the Consultant.
Appendix E: Breakdown of Contract Price in Indian Rupees

List here the elements of cost used to arrive at the breakdown of the lump sum price:
Monthly rates for local Personnel (Key Personnel and other Personnel)
Reimbursable expenditures
This appendix will exclusively be used for determining remuneration for additional services.
66
Appendix F: Format of Bank Guarantee for Performance Security

(References Clause 6.4 of Contract)
(To be stamped in accordance with Applicable Stamp Act, if any)
To:
[Name of Client]
[Address of Client]
WHEREAS
[Name and Address of Contractor] (Hereinafter called "the Contractor") has undertaken, in
pursuance of Contract No. ____________ dated _____________ to execute [name of Contract
and Brief Description of Works] (hereinafter called "the Contract");
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall
furnish you with a Bank Guarantee by a recognized Bank for the sum specified therein as
Security for compliance with his Obligations in Accordance with the Contract.
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee.
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf
of the Contractor, up to a total of Rs. ______________ [Amount of Guarantee] 1 Rupees
_________ [in words]and we undertake to pay you, upon your first written demand and without
cavil or argument, any sum or sums within the limits of _______________ [Amount of
Guarantee]2 as aforesaid without your needing to prove orto show grounds or reasons for your
demand for the sum specified therein. We hereby waive the necessity of your demanding the
said debt from the Contractor before presenting us with the demand.
We further agree that no change or addition to or other modification of the Terms of the
Contract or of the Works to be performed there under or of any of the Contract Documents
which may be made between you and the Contractor shall in any way release us from any
Liability under this Guarantee, and we hereby waive Notice of any such Change, Addition or
Modification.
This Guarantee shall be valid until 90 days from the Date of Expiry of the Contract Period of -----
-- months plus Claim Period of 6 months.
Signature and Seal of the Guarantor: Name of Bank:

Address: Date:
1
An Amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in the
Contract. 2
An Amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in the
Contract.
67

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Nandi Final RFP

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Consultants for Development of Ropeway at Nandi Hills

REQUEST FOR PROPOSALS

(FOR APPOINTMENT OF CONSULTANT)

DEVELOPMENT OF ROPEWAY AT NANDI HILLS, KARNATAKA ON PUBLIC PRIVATE PARTNERSHIP

Department of Tourism (DoT)

SECTION DESCRIPTION PAGE NO.

Section 1 Letter of Invitation 4

Section 2 Information to Consultants (ITC) 4

Data Sheet Information to Consultants 15

Section 3 Technical Proposal Standard Forms 23

Section 4 Financial Proposal Standard Forms 38

Section 5 Terms of Reference 41

Section 6 Contract for Consultants Services 49

II. General Conditions of Contract 54

III. Special Conditions of Contract 62

SECTION 1: LETTER OF INVITATION

Indent No: PraE/Yo-7/09/01/2017-18 Date: 19.10.2017

SELECTION OF CONSULTANT FOR DEVELOPMENT OF ROPEWAY AT NANDI HILLS

Department of Tourism (DoT), Government of Karnataka (GoK) invites Bids from

Interested Consultants/Firms/ Consortium of consultant firms may submit their

Postponement of Calendar of events (if any), subsequent notification, changes,

2. SECTION II. INFORMATION TO CONSULTANTS

2.1.7 Government of Karnataka (GOK) expects Consultants to provide professional,

(i) corrupt practice means the offering, giving, receiving, or soliciting of

(ii) fraudulent practice means a misrepresentation of facts in order to

2.2. CLARIFICATION AND AMENDMENT OF RFP DOCUMENTS

a. Consultants may request a clarification of any item of the RFP document up to

2.3. PREPARATION OF PROPOSAL

wholly/severely and jointly responsible for the Project. Consultant participating

i. A brief description of the Consultants organization and an outline of recent

vii. A detailed description of the proposed methodology, staffing, and monitoring of

ix. Any additional information requested in the Data Sheet.

2.4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS

2.4.1 Interested bidders shall login to

2.4.2 Downloading of tender documents, submission of proposal all will be through

2.4.3 EARNEST MONEY DEPOSIT

2.4.3.3 The supplier/consultants bid will be evaluated only on confirmation of

For the details on e-Payment services refer to e-procurement portal for

2.4.13 The earnest money deposit may be forfeited:

a) if the consultant withdraws the proposal after deadline for submission of

d) In case of consultant submitting fake documents such as Annual financial turn

2.5 PROPOSAL EVALUATION

Evaluation of Technical Proposals

process and preparation of techno-economic feasibility report/detail project report,

Note: (i) The consultant must upload the certificate of company

Public Opening and Evaluation of Financial Proposals, Ranking

2.7 AWARD OF CONTRACT

2.8 PERFORMANCE SECURITY

2.9 DISCLOSURE REGARDING EVALUATION PROCESS

2.9.1 Information related to Evaluation of Proposals and Recommendations concerning Awards

a) Information corresponding to Clauses in Section 2 above

2 2.1.1 Method of Selection Quality and Cost Based Selection (QCBS)

3 2.1.2 A technical and Financial Yes

4 2.1.2 Name of the Project To provide Consultancy services for

5 2.1.2 Objective of the Project The Consultant will be responsible for

6 2.1.2 Description of the Project Please refer Section V Terms of Reference

7 2.1.3 The Assignment is phased Yes

Phase 1: 0-8 months

Phase 2: 9-32 months (Nandi Hills)

8 2.1.4 A pre-proposal conference Yes

10 2.1.4 A pre-proposal conference Department of Tourism (DoT),

11 2.1.7.2 The Client envisages Yes

12 2.1.8 Clauses on fraud and Sub-Clause 2.7.1(d) of General Conditions of

Full-time: Part-time: ______