Académique Documents
Professionnel Documents
Culture Documents
(JPNIC)
Lucknow
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Operating Jai Prakash Narain International Centre (JPNIC)
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Operating Jai Prakash Narain International Centre (JPNIC)
SECTION 1:
INSTRUCTIONS TO BIDDERS
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Operating Jai Prakash Narain International Centre (JPNIC)
Standard
1 Definitions
a) Employer means the Jai Prakash Narain International Centre Society (JPNICS)
with whom the selected operator signs the Contract for the Services and provides
services as per the terms and conditions.Inthis case the Lucknow Development
Authority (LDA) is inviting bids but, the contract will be signed with the JPNIC
society (JPNICS).
b) Operator means any entity or person or associations of person selected to operate
the JPNIC by providing the services to the Employer in accordance with the terms &
conditions of the contract.
c) Contract means the agreement at Section 6 signed by the JPNIC society and the
operator
d) Project specific information means such part of the RFP which contain conditions
specific to the project and assignment.
e) Day means calendar day.
f) Government means the Government of Uttar Pradesh
g) Personnel means professionals and support staff provided by the operator or his
subcontractor
h) Proposal means the Technical Proposal and the Financial Proposal.
i) RFP means the Request for Proposal prepared by the LDAfor the selection of
operator.
j) Assignment means the work that the operator shall perform pursuant to the
Contract.
k) Sub-Contractor means any person or entity to which the operator subcontracts any
part of the Assignment/job.
l) Affiliate means any corporation, firm, or other entity that directly or indirectly is
controlled by or is under common control of another firm.
m) Terms of Reference (TOR) means the conditions included in the RFP including
those in Section 5 which explains the objectives, scope of work, activities, tasks to be
performed, respective responsibilities of the LDA, JPNICS and the operator, and
expected outcomes and deliverables of the Assignment.
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2 Introduction
Consultancy Development Centre (CDC), an autonomous institution of the Ministry of
Science and Technology, Government of India is facilitating LDA in the selection of
the operator.
The bidders are invited to submit a proposal in two parts - the Technical part and the
financial part sealed separately, as specified in the Data Sheet.Late bids i.e. bids
received after the specified date in the data sheet will not be considered. The
Proposals submitted will be the basis for signing the Contract with the selected
operator.
The Bidders are required to familiarize themselves with the local conditions and take
them into account while preparing their proposals. To obtain first-hand information on
the assignment and local conditions, Bidders are advised to attend a pre-bid conference
as specified in the Data Sheet. Attending the pre-bid conference is optional. Bidders
should contact LDAs representative named in the Data Sheet to obtain additional
information on the pre-bid conference.
Bidders may submit their comments and suggestions on the Terms of Reference
including workable suggestions that could improve the quality/ effectiveness of the
Assignment/job; and on requirements for counterpart staff and facilities including:
administrative support, office space, domestic transportation, equipment, data, etc.
during the pre-bid conference.
Bidders shall bear all costs in connection with the preparation and submission of their
proposals, attending pre-bid conference, etc.
LDAmay accept or reject any proposal in its discretion and may ask for any additional
information or vary its requirements, add to or amend the terms, procedure and
protocol set out in RFP for bonafide reasons. FurtherLDA hereby reserves its right to
annul the selection process at any time prior to the Contract award without incurring
any liability towards the Tenderers.
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a) For the purpose of evaluation, the combined score of all the members of the
association will be taken into consideration. However, the lead member of the
association of the bidder shall be the bidder who if selected shall enter into
agreement with the employer. In case of a JV or a consortium, the lead partner
should not change for atleast 5 years.
b) In case of a JV/Consortium agreement, the contract shall be signed by the lead
member/major partner who will be the authorized signatory for the said
assignment.
c) The lead member of the association of bidders shall be responsible and liable to the
Employer for every aspect of their proposal, contract, etc.The JV/ Consortium
Agreement will form part of the final contract to be signed between the JPNICS
and the selected operator.
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5 Conflict of Interest
Bidders, and any of their affiliates, shall be considered to have a conflict of interest
and shall not be eligible for selection as operator under any of the circumstances set
forth below:
a) Conflicting Assignment/job:A bidder or any of its affiliates shall not be hired for
any Assignment/job that, by its nature, may be in conflict with this Assignment/job
of the bidder to be executed for the same Employer.
b) Conflicting Relationships:A bidderthat has a business or family relationship with
a member of the LDAs staff who is directly or indirectly involved in any part of
(i) the preparation of the Terms of Reference of the Assignment/job, (ii) the
selection process for such Assignment/job, or (iii) supervision of the Contract, may
not be awarded a Contract, until and unless the conflict stemming from this
relationship has been resolved in a manner acceptable to LDA.
Bidders have an obligation to disclose any situation of actual or potential conflict that
impacts their capacity to serve the best interest of LDA, or that may reasonably be
perceived as having this effect. Failure to disclose said situations may lead to the
disqualification of the bidder or the termination of its Contract.
7 Proposal Validity
The Data Sheet indicates how long Bidders Proposals must remain valid after the
submission date. During this period, bidders shall ensure the availability of
professional staff nominated in the Proposal and also the financial proposal shall
remain unchanged. LDA will make its best effort to complete the selection
processwithin this period. Should the need arise;LDA may request the bidders to
extend the validity period of their proposals. Bidderswho do not agree, have the right
to refuse to extend the validity of their Proposals; under such circumstance LDA shall
not consider such proposal for further evaluation.
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8 Preparation of Proposals
The Proposal as well as all related correspondence exchanged by the Bidders and LDA
shall be written in English language, unless specified otherwise. In preparing their
Proposal, bidders are expected to examine in detail all the documents comprising the
RFP. Material deficiencies in providing the information requested may result in
rejection of a Proposal. While preparing the Technical Proposal, Bidders must give
particular attention to the following:
The bidder must physically visit the JPNIC premises to have a clear
understanding of the proposed facilities and the nature of services required.
While making the proposal, the bidder must ensure that he provides all the
information as sought by LDA, failing which the proposal shall be considered as
non-responsive.
Alternative professional staff shall not be proposed, and only one Curriculum
Vitae (CV) may be submitted for each position mentioned.
Bidders are required to submit a Technical Proposal (TP) in forms provided in Section-
III. The Data sheet in Section-II indicates the formats of the Technical Proposal to be
submitted. Submission of wrong type of Technical Proposal will result in the Proposal
being deemed non-responsive. The Technical Proposal shall provide the information
indicated in the following paras from (a) to (f) using the attached Standard Forms
(Section 3).
a) A brief description of the bidders organization and in the case of a consortium/
joint venture, of each partner, will be provided in Form Tech-2. In the same Form,
the bidder and in the case of a consortium/ joint venture, each partner will provide
details of experience of assignments which are similar to the proposed assignment/
job as per the terms of reference. For each activity, the bidder should clearly
indicate his role and level of involvement in the same. Information should be
provided only for those Assignment/jobs for which the Bidder was legally
contracted as an independent entity or as one of the lead member within a joint
venture/consortium. Assignment/jobs completed by individual professional staff
working privately or through other firms cannot be claimed as the experience of
the Bidder, or that of the Bidders associates, but can be claimed by the
Professional staff themselves in their CVs. Bidders should be prepared to
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substantiate the claimed experience alongwith the proposal and must submit letter
of award /copy of contract for all the assignments mentioned in the proposal.
b) A description of the approach, methodology and work plan for performing the
Assignment/job covering the following subjects: technical approach and
methodology, work plan, and organization and staffing schedule is be finalized as
provided under Form TECH-3 of Section 3. The work plan should be consistent
with the Work Schedule (Form TECH-4 of Section 3) which will show in the form
of a bar chart the timing proposed for each activity.
c) The list of the proposed professional staff team by area of expertise, the position
that would be assigned to each staff team member and their tasks is to be provided
in Form TECH-5 of Section 3.
d) Estimates of the staff input needed to carry out the Assignment/job needs to be
given in Form TECH-5 of Section 3.
e) CVs of the Professional staff must be signed by the staff themselves or by the
authorized representative of the Professional Staff (Form TECH-5 of Section 3).
f) A detailed description of the proposed methodology for training needs to be given,
if the Data sheet specifies training as a specific component of the Assignment/job.
The Technical Proposal shall not include any financial information. A Technical Proposal
containing financial information may be declared non-responsive.
Financial Proposal: The Financial Proposal shall be prepared using the attached Standard
Forms (Section 4). The financial proposal shall not include any conditions attached to it and
any such conditional financial proposal shall be rejected summarily. The financial proposal
shall be in the form of lump-sum revenue (in the form of Assured Minimum Guarantee).
(Note: for the purpose of calculation the rates of IHC, New Delhi or any other equivalent
facility may be taken).
9 Taxes
The Operator shall include all local taxes and duties on amounts payable by the Operator
under the Contract. All taxes including Service Tax, duties and other impositions as
applicable in India shall be included in the Financial Proposal.
For the purpose of evaluation, the financial proposal should be in the form of lump-sum
revenue calculated on base price of facilities offered (exclusive of taxes). The revenue
sharing will be on basic amount. Taxes are not included in revenue sharing.
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10 Currency
Bidders shall express the price of their Assignment/job in India Rupees (INR) only.
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demonstrating that the representative has been dully authorized to sign. The signed
Technical and Financial Proposals shall be marked ORIGINAL.
c) The original and 2 copies of the Technical Proposal shall be placed in a sealed
envelope clearly marked TECHNICAL PROPOSAL Similarly, the original
Financial Proposal shall be placed in a sealed envelope clearly marked
FINANCIAL PROPOSAL. The envelopes containing the Technical Proposals,
Financial Proposals, EMD and bid processing fees shall be placed in an outer
envelope and sealed. This outer envelope shall bear the submission address,
reference number and be clearly marked BIDS FOR SELECTING OPERATOR
FOR JPNIC---DO NOT OPEN, BEFORE [insert the time and date of the opening
indicated in the Data sheet]. LDA shall not be responsible for misplacement, loss
or premature opening if the outer envelope is not sealed and/or marked as
stipulated.
d) If the Financial Proposal is not submitted in a separate sealed envelope duly
marked as indicated above, this will constitute grounds for declaring the Proposal
non-responsive.
e) The Proposals must be sent to the address/addresses indicated in the Data sheet and
received by LDAno later than the time and the date indicated in the Data sheet, or
any extension to this date. Any proposal received by LDAafter the deadline for
submission shall be returned unopened.
14 Proposal Evaluation
From the time the Proposals are opened to the time the Contract is awarded, the
bidders should not contact LDA on any matter related to its Technical and/or Financial
Proposal. Any effort by bidders to influence LDA in the examination, evaluation,
ranking of Proposals, and recommendation for award of Contract may result in the
rejection of the Bidders Proposal. LDA has constituted a Selection Committee which
will carry out the entire evaluation process.
a) Evaluation of Technical Proposals:The Selection Committee while evaluating the
Technical Proposals shall have no access to the Financial Proposals until the
technical evaluation is concluded and the competent authority accepts the
recommendation.
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Proposals which are not supported by adequate proof of the Signatorys Authority
or are not accompanied by an EMD/bid processing fee will not be evaluated.
The Selection Committee will evaluate the Technical Proposals only for those
bidders who satisfy the pre-qualification criteria as referred in the Data Sheet. The
technical proposals will be evaluated based on the documentary evidence
submitted by the bidder. Each responsive proposal will be given a technical score.
A Proposal shall be rejected at this stage if it does not respond to important aspects
of the RFP, and particularly the Terms of Reference or if it fails to achieve the
minimum technical score indicated in the Data Sheet. The Technical proposals
which are incomplete shall not be evaluated.
The proposal shall be rejected if bidder does not fulfill the eligibility criteria or the
validity period of the proposal is less than 120 days.
During the process of evaluation of the technical proposal, the biddermay be
required to make presentation on its Proposal covering Experience/Technical
Proposal including Implementation Methodology, Team Composition, Work
Schedule, Pert and Activity Schedule. The date and time of the presentation will be
intimated individually. (Clarification/additional information may be sought
during scrutiny)
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The proposal with the HIGHEST Assured Minimum Guarantee (AMG) as given in
FORM FIN 2 shall be ranked as H-1 and will be considered for award of contract.
16 Award of Contract
LDAshall issue a Letter of Intent to the selected Operator. The Operator will sign the
contract after fulfilling all the formalities/pre-conditions mentioned in the standard
form of contract in Section-6, within 15 days of issuance of the letter of intent. The
Operator is expected to commence the Assignment/job from such date as mentioned in
the contract.
17 Confidentiality
Information relating to evaluation of Proposals and recommendations concerning
awards shall not be disclosed to the bidders who submitted the proposals or to other
persons not officially concerned with the process, until the publication of the award of
Contract. The effort by bidderto seek confidential information related to the process
may result in the rejection of its Proposal.
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SECTION 2:
DATA SHEET
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DATA SHEET
4. JV/ Consortium Agreement JV/ Consortium Agreements may be mentioned and will form
an integral part of the proposal.
5. Earnest Money Deposit The Bidder must submit an EMD of Rs. 10,00,000/- (Rupees
requested: ten lakh only) in Indian Rupees in the form of a Demand
Draft/Bank Guarantee drawn in favour of the Secretary,
Lucknow Development Authority, payable at Lucknow.
Email:ldavc@rediffmail.com
Contact details for pre-bid conference:
Mr. S. K. Sharma
Head (Business Development)
Consultancy Development Centre
Core 4B 2nd Floor, India Habitat Centre, Lodhi Road
New Delhi 110 003
Tel: 91 11 24603425; 24602601
Fax: 91 11 24602602
Email: sksharma@cdc.org.in
Bidders may confirm their participation in the pre-bid
conference to the above person.
12. Number of days during No clarifications will be entertained with in the last 7 (seven)
which clarifications to be working days from the last date of submission of the bid.
sought before the Bid
submission date:
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20. Proposals submission date: Not later than the following date and time:
Date: 21st July, 2016
Before 3.00 P.M
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22. Number of points to be given under each evaluation criteria for technical evaluation:
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(5Marks)
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Total 80 Marks
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26. Annual Assured Minimum The project involves minimum annual revenue in the form of an
Guarantee (AMG) assured minimum guarantee to be quoted by the prospective
bidders. The base price for Assured Minimum Guarantee is
fixed at INR 3 crores.
The operator who quotes the highest Annual Assured Minimum
Guarantee (AMG) will be considered for award of contract.
27. Revenue Sharing a) The operator will share revenues with the JPNICS on
topline.
b) The selected operator will pay to the JPNICS either the
assured minimum guarantee or 18% of actual revenues,
whichever is higher.
c) The sharing of revenues earned from the operations of
JPNIC will be settled on monthly basis.
d) All the monthly payments must be made within 45 days of
the end of a particular month in Indian rupees to JPNICS.
e) The operator will pay to JPNIC Society,the proportionate
monthly amount of AMG as quoted by him.
f) The final settlement of revenues(if actual revenues earned
during the year are more than the AMG) will be done on
financial year basis by 31st March of every year.
28. Commencement of On the date and at the location specified in the LOA/Contract
assignment:
30. Date of Initializing (DOI) After 30 - 60 days from the installation of interiors and other
facilities at the JPNIC
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SECTION 3:
TECHNICAL PROPOSAL- STANDARD FORMS
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To,
Vice Chairman
LDA,
Lucknow
Thanking you,
Authorized Signatory
_________________________
<Company Name>
Seal
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1.2 Details
Address
Phone number
Email
Fax
Website
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2.5 Have you attached the Rs. 10,00,000 (Rupees ten lakh) Demand
Draft/Bank Guarantee for EMD?
2.6 Have you attached Rs. 50,000 (rupees fifty thousand) Demand Draft
for Bid Processing fee?
2.7 Have you attached the JV/ Consortium agreement with the bid? (only
in case of a JV/ Consortium)
Documentary proof is essential without which the proposal may be rejected. Technical and
Financial evaluation will be done only for the bidders satisfying the above criteria.
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Turnover (INR)
Profit (INR)
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Name of Senior Staff (Project Director/Coordinator, Team Leader) involved and functions
performed:
Note: Please provide documentary evidence i.e. copy of work order, Contract for each of
above mentioned assignment. The experience shall not be considered for evaluation, if such
requisite support documents are not provided.
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Form Tech 3: Description of Approach, Methodology and Work Plan for Performing
the Assignment/ Job
[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 three
chapters:
a). Technical Approach and Methodology,
b). Work Plan, and
c). Organization and Staffing
a). Technical Approach and Methodology: In this you should explain your 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. You should highlight the problems being addressed and their importance,
and explain the technical approach you would adopt to address them. You should also
explain the methodologies you propose to adopt and highlight the compatibility of those
methodologies with the proposed approach.
b). Work Plan: The Bidder should propose and justify the main activities of the
Assignment/job, their content and duration, phasing and interrelations, milestones
(including interim approvals by LDA, if any), and delivery dates of the deliverables. The
proposed work plan should be consistent with the technical approach and methodology,
showing understanding of the TOR and ability to translate them into a feasible working
plan. A list of the final deliverables should be included here. The work plan should be
consistent with the Work Schedule of Form TECH-6.
c). Organization and Staffing: The Bidder should propose and justify the structure and
composition of the team. Bidder should list the main disciplines of the Assignment/job,
the key expert responsible, and proposed technical and support staff.
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S. Months
Activity1
No. 1 2 3 4 5 6 7 n
1
n
1
Indicate all main activities of the assignment
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2. Support Staff
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2. Name of Firm [Insert name of firm proposing the staff/ where currently working]:
7. Other Training [Indicate significant training since degrees under 5 - Education were
obtained]:
8. Employment Record [Starting with present position, list in reverse order every
employment held by staff member since last five years, giving for each employment (see
format here below): dates of employment, name of employing organization, positions
held.]:
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11. Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
Date:
[Signature of staff member or authorized representative of the staff] Day/Month/Year
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SECTION 4:
FINANCIAL PROPOSAL- STANDARD FORMS
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Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Company:
Address:
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Note:
Place: Name:
Date: Designation:
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SECTION 5:
TERMS OF REFERENCE
5.1 About JPNIC
5.3 Utilities
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Government of Uttar Pradesh has constructed a Jai Prakash Narain International Centre
(JPNIC) located at VipinKhand, Gomti Nagar, Lucknow.
Jai Prakash Narayan International Convention and Sports Centre is designed as a signature
building for the city of nawabs, Lucknow. The Jai Prakash Narayan International Centre at
Lucknow comprises of a multiple number of facilities ranging from an aquatic center, a
sports center, a business center, a museum and a hotel along with sufficient parking space.
The centre is divided into four blocks as follows:
A. Convention Centre & Sports Block: comprising of an international standard tennis
court with stadium, badminton court with stadium, multipurpose court with stand and
various type of conferencing and seminar facilities.
B. Guest House Block: comprising of squash court, snooker and table tennis facilities,
guest rooms including VIP guest rooms and a dormitory, spa, gym, kitchen and
restaurants
C. Aquatic Block: comprising of a swimming pool of international standards with a stand
and a diving pool of international standard with diving platforms.
D. Museum Block: comprising of a museum, an open-air theatre, reading room and a
book library
This center is enclosed by Dr. RammanoharLohiya Park on one side and urban development
on the other. The design of the building therefore, aesthetically and functionally fits
appropriately into the contrasting contexts of urbanity and nature.
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audio-video facilities. The seminar hall has flexible partitions to accommodate even
100 pax as per the requirements.
5.2.11 Health Club: The JPNIC has a number of health and sports facilities which have
been clubbed under the health club facilities as follows:
a) Tennis Court of 1371sqm capacity
b) Squash Court of 396sqm capacity
c) Swimming Pool & Diving Pool of 2852 sqm capacity
d) Childrens pool of 372sqm capacity
e) Gym of 213sqm capacity
f) Spa of 293sqm capacity
g) Yoga Hall of 87sqm capacity
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5.3 Utilities
5.3.1 Lifts and Escalators: The JPNIC has 16 lifts (including service lifts) and 10
escalators for rapid mass vertical transportation.
5.3.2 Parking: The JPNIC has a multi-level car parking to park approximately 600 cars at
any given point of time. The parking facility will be free for its members.
5.3.3 Air Conditioning: The JPNIC has fully centralized air-conditioning with the
following AC plants in place:
a) 800 TR capacity AC plants (3 nos.)
b) 220 TR capacity AC plants (3 nos.)
c) 200 TR capacity AC plants (2 nos.)
d) 125 TR capacity AC plants (2 nos.)
5.3.4 Electricity/ KV Sub-Stations: The JPNIC has 7152 KV of electricity supply to meet
all its requirements.
5.3.5 Power back-up: The JPNIC has 4 nos. of generators with 1500 KVA capacity each
and 2 nos. of generators with 1000 KVA capacity each to provide 100% power back-
up facility to the Centre.
5.3.6 CCTV Surveillance: The JPNIC has a non-intrusive security system in place.
5.3.7 Fire Fighting Equipments: There will be a fully addressable fire detection/ fire
suppression system in place.
5.3.8 Server Rooms: There will be fully integrated Wi-Fi connectivity in the JPNIC with
well-networked server rooms at each floor.
5.3.9 Water Treatment Plant: The JPNIC has a waste water treatment plant in place with
a specification of 176 KLD.
5.3.10 Sewage Treatment Plant (STP): The JPNIC has a STP in place with a specification
of 200 KLD.
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LDA will form a society under the Societies Registration Act, 1860 wherein the JPNIC
Society will be formed to look after the affairs of JPNIC. This society will oversee the affairs
of the selected operator and will be responsible for smooth and efficient functioning of the
centre.
The society will consist of both elected and nominated members from UP Government,
eminent persons from sports & culture, corporate representatives, etc. The selected operator
will do all the correspondence with the JPNIC Society. The operations of the JPNIC will be
managed by a multi-level hierarchy comprising of the following:
Board of Trustees
Governing Body
Managing Committee
(Note: the above composition and powers of the society are not frozen and are subject to
changes)
Jai Prakash Narain International Centre (JPNIC) is not a commercial establishment but a
Not-for-Profit Society.
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5.4.1 General
a) The JPNIC society will hand over the JPNIC, convention & sports centre, guest
rooms, JPN museum, convention hall, kitchen, dining, all the conference rooms,
seminar Halls, with all the electrical, plumbing and air conditioning fittings along
with all the kitchen appliances, utensils, refrigerators, furniture& furnishings
including flooring, ceiling, beddings, paintings of walls, windows, etc. to the selected
operator.
b) If any loss incurs during the tenure of the agreement to any movable/immovable
properties of the JPNIC, the cost of the Central Services will be borne by the JPNIC
Society and all other cost are to be borne by the operator. Regular repairs &
maintenance will be the responsibility of the operator. But if any capital
investments/replacements are required to be made for smooth running of the centre or
as advised by the operator then, the same will be borne by the JPNIC society.
c) The operator will be responsible for providing accommodation of rooms, use of
convention hall, seminar halls, guest rooms, museum, sports facilities, etc.
d) Operator shall be responsible for managing of front-desk facility at the JPNIC along
with the maintenance of guest room register, collection of room rents/ conference
facility rents, etc.
e) Operator shall make arrangement to serve both meals i.e. vegetarian and non-
vegetarian menu.
f) Operator shall provide kitchen, banqueting and dining room services for bed tea,
breakfast, lunch, tea, snacks, dinner, etc. at rates fixed by the tariff committee to the
guests as well as the members and members guests as and when required at the
defined rates.
g) Operator shall make arrangements for provision of effective and efficient room
service when under occupation by guests.
h) Operator shall be responsible for Maintenance of Horticulture and similar facilities.
i) JPNIC Societyshall be responsible for payment to maintain &replace all the central
services i.e. air conditioning, water, fire, CCTV, generator, lifts, WTP &STP.
j) The operator shall be solely responsible for any claim whatsoever by any of its
employees relating to workmens compensation, PF, ESI, Gratuity or any other
statutory payment or any violation of provisions of any law or agreement at any
subsequent date.
k) Any representative of the society shall have the power to inspect the JPNIC and its
services at any reasonable time.
l) If any structural/operational changes wherever feasible are required w.r.t.
operationalizing the facilities, then JPNIC Society will make these changes in the
interest of the centre.
m) The JPNIC Society will take the insurance cover for whole of the centre and against
third party claim so as to keep the operator indemnified against any claims of the third
party. The operator shall indemnify and keep the society fully and comprehensively
indemnified from and against all claims and demands/ actions/ proceedings/ damages/
cost and expenses and/or all ;liabilities that may arise or may be caused to the society
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(Note: The membership fee will go to the JPNIC society. It will be a revenue stream for the
JPNIC Society and not the Operator)
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i) Consumables/ Par Stock will be provided by the Operator and replenishments of the
same will also be done by Operator. (Details at Annexure 1)
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There will be separate electricity meters for Museum facilities and the payment made
for the same, would be deducted from revenue share. However, the operator will
charge JPNICS on basis of membership rate for use of JPNICS office & evening use
of auditorium by JPNICS for cultural performances and programmes.
e) The Operator will be responsible for the smooth functioning, upkeep of facilities. The
Operator will ensure the same by professional and qualified manpower, timely
delivery of services, ensuring quality services to the members of JPNIC and its guests.
f) Operator shall regularly upkeep the JPNIC lobby, office area, dining area, conference
hall, lecture halls, meeting rooms, guest rooms, kitchen, pantries, corridors, lobbies,
washrooms and other areas including supply of cleaning materials, cleaning of linen,
etc. in each room, provision of soap and other toiletries, mosquito repellent, air
fresheners, etc. as and when required.
g) The Operator will take feedback from the members and will timely resolve the
grievances of the members.
h) Operator will share revenue with JPNIC. This sharing arrangement will be on the
topline with minimum guarantee to be supported with a Bank Guarantee. Payments to
be made on monthly basis. The operator will make the monthly payment due to the
JPNICS within a maximum of 45 days from the end of a particular month.
i) The JPNICS will allocate 5% of the total annual turnover as maintenance charges and
towards capital replacements. The marketing & promotional expenses will be borne
by the operator.
j) The cost of Power of the Museum will be taken care by the JPNIC Society. However
the operator will assist the JPNIC Society in proper maintenance of the same.
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ANNEXURE 1
List of Expenses and Furniture and Other Stocks
LIST OF EXPENSES
The expenses may be classified under the four heads:
1) Repair, Maintenance & Upkeep
a) All carpentary, plumbing, painting, polishing materials & equipments.
b) Engineering & maintenance disposables washers, fuses, screws, nails, bulbs,
tubes, etc. and routine maintenance expenses in maintaining all gadgets &
appliances (like elements, cells, batteries, etc..).
2) Janitorial Expenses
a) All cleaning material soap, liquid, powder, detergents, polishing material
like brasso, etc.
b) Cleaning equipment like buckets, bins, brooms, dust pans, mops, brushes,
dusters, garbage bags & bins, sponge, squeeze, scrubbers, steelwool, etc.
c) Sanitizing material like Dettol, odonil, naphthalene balls, air freshener, etc.
3) Security & Valet
4) Credit Card Related Expenses
a) Credit card commissions
5) Marketing, Promotional & Business Development Expenses to achieve optimum
utilization of levels of revenue earning areas
a) All sales promotion related brochures, tariff sheets, mailers, etc.
b) All costs related to advertisements like artwork, bromides, actual ad release,
agency costs, etc.
c) All artwork & printing etc. costs related to brochures, mailers, flyers, etc.
d) All sales promotion costs like entertainment, artists fees, speakers,
demonstrations, shows, concerts, plays, band, films, consultants,
advertising/PR agencies, press release/conferences, expenses related to
personnel & sales calls, etc.
e) Participation fees in various conventions, exhibitions, shows, etc.
f) Sales promotional material related expenses like photography, slides, mailing
expenses, etc.
g) All printing, stationery items & related costs under each of these heads.
All salaries and other direct costs of personnel in these five departments or sub-contractors
charges (including uniform and laundry costs) thereof would be an integral part of the total
amount under these expense heads. All costs related to staff in these departments i.e salary,
PF, ESI, etc.
This is only an illustrative list and may also include other similar items under these five
expense heads.
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The above items will be supplied one time by JPNIC Society whereas; replacement of the
same will be the responsibility of the operator.
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9) All Room & bath linen like mattresses, mattress protector, bed sheets, pillow, pillow
covers, blanket, towels, shower curtain, bath mats, etc.
10) Housekeeping: cleaning equipments like vacuum cleaners, polish & scrubbing
machines, etc. at the start of the centre.
11) Health Club/ Fitness Centre linen like towels and sheets, gowns, etc.
12) Cleaning equipment like bins, brooms, dust pans, brushes, etc.
13) Sanitizing material like Dettol, odonil, naphthalene balls, air freshner, etc.
14) All printing & stationery items.
This is only an illustrative list and may also include other similar items. However it is
understood that the Par Stock for each outlet/area is to be provided by the operator.
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ANNEXURE 2
AREA STATEMENT
SUMMARY TABLE
AREA SUMMARY
TOTAL PLOT AREA 75464 SQ.Mt. -
Area available for construction (AAC ) 38064 SQ.Mt. -
Permissible ground coverage on AAC (35%) 13322 SQ.Mt. -
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CSC Block
A CONVENTION & SPORTS CENTER (CSC) BLOCK & Guest Rooms
S.No. Floors FAR unit Built-Up
Area Area
(Non-FAR
Area)
1 Basement SQ.Mt. 7068
services area for csc block at -3400 & -5200 - SQ.Mt. 1793
plant room (below deck) - SQ.Mt. 343.68
Diving Pool (below deck) - SQ.Mt. 527
Swimming Pool (below deck) - SQ.Mt. 1295
services area for Hotel block at -5550 - SQ.Mt. 3108.83
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5 Mezzanine floor at + 5650 & +5100 in CSC block 1246 SQ.Mt. 1676
conecting bridge at +4800 619 SQ.Mt. 619
ramp to conecting bridge - SQ.Mt. 214
staircase to conecting bridge - SQ.Mt. 123
Entrance lobby from slooping landscape at +4800 - SQ.Mt. 93
media lounge at +5850 627 SQ.Mt. 627
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convention cum seminar entrance lobby from parking block 910 SQ.Mt. 910
seminar hall 1&2 552 SQ.Mt. 552
AHU & TFA room between grid( O-R/7) 112 SQ.Mt. 112
STORE room between grid( O-P/5) 39 SQ.Mt. 39
Toilet lobby between grid( P-Q/5) 41 SQ.Mt. 41
TFA room between grid( Q-R/5) 39 SQ.Mt. 39
conecting lobby between open terrace at grid-7 135 SQ.Mt. 135
Area at grid 5c-6a/E 59 SQ.Mt. 59
pre- function area 1969 SQ.Mt. 1969
core-1 102 SQ.Mt. 102
core-2 69 SQ.Mt. 69
core-3 71 SQ.Mt. 71
Pre- function area male toilet 142 SQ.Mt. 142
male toilet lobby 30 SQ.Mt. 30
Pre- function area female toilet 100 SQ.Mt. 100
AHU 13 SQ.Mt. 13
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Parking Block
C PARKING BLOCK
S.No. Floors FAR Area unit Built-Up Area
(Non-FAR
Area)
1 STP floor 0 SQ.Mt. 167
STP - SQ.Mt. 135
staircase - SQ.Mt. 32
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SECTION 6:
STANDARD FORM OF CONTRACT
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draft
CONTRACT FOR SERVICES
between
Jai Prakash Narain International Centre Society (JPNICS)
and
[Name of the Operator]
Dated: ______________
for
Operating Jai Prakash Narain International Centre (JPNIC)
(On Non-judicial Stamp Paper)
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c. The Companies shall carry out and complete the Services within the time frame
indicated in RFP in accordance with the provisions of the Contract;
d. The consideration or Revenue Sharing Model will be as follows:
OR
The operator & the JPNICS will share revenues in the following ratio:
The operator will share either 18% of the actual revenues earned during the year (on
topline) or assured minimum guarantee (as quoted by him), whichever is higher.
e. Detailed terms and conditions of the Contract are contained in the Contract
Documents mentioned in Para 1 above. The same are to be read harmoniously
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.
Signed by ______________________
In presence of (Witnesses)
(i)
(ii)
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6.2.4 Headings
The headings shall not limit, alter or affect the meaning of this Contract.
6.2.5 Notices
a) Any notice, request or consent required or permitted to be given or made pursuant to this
Contract shall be in writing. Any such notice, request or consent shall be deemed to have been
given or made when delivered against acknowledgement to an authorized representative of
the Party to whom the communication is addressed, or when sent by registered post/courier to
the addresses specified below.
Company: ___________________________________________________________
Attention: ____________________________________________________________
Address with Communication details: ______________________________________
b) A Party may change its address for notice hereunder by giving the other Party notice in
writing of such change to the address specified below.
Company: ___________________________________________________________
Attention: ____________________________________________________________
Address with Communication details: ______________________________________
6.2.6 Location
The Services shall be performed at such locations as indicated in the TOR/LOA and, where
the location of a particular task is not so specified, at such locations, as JPNICS may notify in
writing.
6.2.7 Authorized Representatives
Any action required or permitted to be taken, and any document required or permitted to be
executed under this Contract or any amendment thereof by JPNICS or the Operator may be
taken or executed by the officials specified below.
Company: ___________________________________________________________
Attention: ____________________________________________________________
Address with Communication details: ______________________________________
The Company shall issue Power of Attorney in favor of its Authorized Representative.
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d) Modifications or Variations:
Any modification or variation of the terms and conditions of this Contract,
including any modification or variation of the scope of the Services, may only
be made by written agreement between the Parties. However, each Party shall
give due consideration to any proposals for modification or variation made by
the other Party and cost implication thereof.
In cases of substantial modifications or variations, a supplementary Agreement
between JPNICS and Operator is required.
e) Force Majeure
i. For the purposes of this Contract, Force Majeure means an event which is
beyond the reasonable control of a Party, is not foreseeable, is unavoidable
and not brought about by or at the instance of the Party claiming to be affected
by such events and which has caused the non-performance or delay in
performance, and which makes a Partys performance of its obligations
hereunder impossible or so impractical as reasonably to be considered
impossible in the circumstances, and includes, but is not limited to, war, riots,
civil disorder, earthquake, fire, explosion, storm, flood or other extreme
adverse weather conditions, strikes, lockouts or other industrial action (except
where such strikes, lockouts or other industrial action are within the power of
the Party invoking Force Majeure to prevent), confiscation or any other action
by Government.
ii. Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a Party or by or of such Partys agents or
employees, nor (ii) any event which a diligent Party could reasonably have
been expected both to take into account at the time of the signing of the
Contract, and avoid or overcome with utmost persistent effort in the carrying
out its obligations hereunder.
iii. Force Majeure shall not include insufficiency of funds or manpower or
inability to make any payment required for execution of services under this
Contract.
iv. No Breach of Contract: The failure of a Party to fulfill any of its obligations
hereunder shall not be considered to be a breach of, or default under, this
Contract insofar as such inability arises from an event of Force Majeure,
provided that the Party affected by such an event has taken all possible
precautions, due care and all Measures, with the objective of carrying out the
terms and conditions of this Contract.
v. Measures to be taken:
A Party affected by an event of Force Majeure shall continue to
perform its obligations under the Contract as far as is reasonably
practical, and shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.
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g) Termination:
ByJPNICS: JPNICS may terminate this Contract in case of the occurrence of any of
the events specified in paragraphs (i) through (viii) of this Clause.
i. If the Operator fails to remedy a failure in the performance of its obligations
hereunder, as specified in a notice of issued byJPNICS, within thirty (30) days
of receipt of such notice or within such further period as JPNICS may have
subsequently approved in writing.
ii. If the Operator becomes insolvent or goes into compulsory liquidation.
iii. If the Operator, in the judgment ofJPNICS, has engaged in corrupt or
fraudulent practices in competing for or in executing this Contract.
iv. If the Operator submits to JPNICS a false statement which has a material
effect on the rights, obligations or interests ofJPNICS.
v. If the Operator places itself in position of conflict of interest or fails to
disclose promptly any conflict of interest toJPNICS.
vi. If the Operator fails to provide the quality services as envisaged under this
Contract. The JPNIC Society shall in writing give opportunity to the
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Operatorto improve the quality of the services and take decision if the quality
does not improve.
vii. If, as the result of Force Majeure, the Operator is unable to perform a material
portion of the Services within sixty (60) days.
In such an occurrence JPNICS shall give a not less than thirty (30) days written
advance notice before terminating the Contract of Operator, and sixty (60) days in
case of the event referred to in (h) and 60 (sixty) days in case it does not pay the
Award amount as per Award against it passed by arbitration.
By the Operator: The Operator may terminate this Contract, by not less than thirty
(30) days written notice toJPNICS, in case of the occurrence of any of the events
specified in hereunder.
viii. If JPNICS fails to pay any money due to the Operator pursuant to this Contract
and not subject to dispute pursuant to Clause 6.2.18 hereof within forty-five
(45) days after receiving written notice from the Operator that such payment is
overdue.
ix. If, as the result of Force Majeure, the Operator is unable to perform a material
portion of the Services within sixty (60) days.
x. If JPNICS fails to comply within 60 days with any final decision reached as a
result of Arbitration pursuant to Clause 6.2.18 hereof.
xi. If JPNICS is in material breach of its obligations pursuant to this Contract and
has not remedied the same within forty-five (45) days (or such longer period
as the Operator may have subsequently approved in writing) following the
receipt by JPNICS of the Operators notice specifying such breach.
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a) Standard of Performance: The Operator shall perform the Services and carry out
their obligations hereunder with all due diligence, efficiency and economy, in
accordance with generally accepted professional standards and practices, and shall
observe sound management practices, and employ appropriate technology and safe
and effective equipment, machinery, materials and methods. The Operator shall
always act, in respect of any matter relating to this Contract or to the Services, as
faithful adviser to JPNICS, and shall at all times support and safeguard LDAs
legitimate interests in its dealings.
b) Conflict of Interests: The Operator shall hold JPNICSs interests paramount and
strictly avoid conflict of interest with other assignments or their own corporate
interests. If during the period of this Contract, a conflict of interest arises for any
reasons, the Operator shall promptly disclose the same to JPNICS and seek its
instructions for compliance.
c) Prohibition of Conflicting Activities: The Operator shall not engage, and shall cause
their Personnel not to engage, either directly or indirectly, in any business or
professional activities that would conflict with the activities assigned to them under
this Contract.
d) Confidentiality: Except with the prior written consent ofJPNICS, the Operator and the
Personnel shall not at any time communicate to any person or entity any confidential
information acquired in the course of the Services.
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e) Statutory requirements by the Operator: The Operator is liable to extend the benefits
as provided under the various statutory and labour laws and other relevant applicable
laws.
f) Operators actions requiring prior approval: The Operatorwill have the right to
recruit and terminate the staff except for the GM which may be done in consultation
with the JPNIC as listed in Appendix C.
g) Reporting Obligations: The Operator shall submit to JPNICS the reports and
documents (agreed to be submitted between JPNICS and Operator) hereto, in the
form, in the numbers and within the time periods mutually agreed.
h) Brand Image created by the Operator to be the Property of JPNICS: All the brands
and the brand image documents created by the operator for the purpose of running the
JPNIC under this Contract shall become and remain the intellectual property of
JPNICS, and the operator shall, not upon termination or expiration of this Contract,
use or replicate any such brand.
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6.2.16 Deductions
All payments to the Operator shall be subject to the deductions of tax at source under
the relevant provisions of the Income Tax Act, and other taxes and deductions as
provided for under any law, rule or regulation. All costs, damages or expenses which
JPNICS may have paid or incurred, for which under the provisions of the Contract,
the bidder is liable, the same shall be deducted by JPNICS from any dues to the
Operator.
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India and acceptable to JPNICS. The Bank Guarantee shall be in the Proforma
acceptable to JPNICS.
c) It is expressly understood and agreed that the performance security is intended to
secure the performance of entire Contract. It is also expressly understood and agreed
that the performance security is not to be construed to cover all the damages detailed /
stipulated in various clauses in the Contract document.
d) The performance Bank Guarantee will be for a period of 15 years (lease period of
services under the said contract) and shall be initially valid for six months after the
scheduled completion date. It will be discharged by JPNICS and returned to the
Operator not later than 3 (three) months following the date of completion of the
operators obligations, under the Contract.
e) Should the contractperiod, for whatever reason be extended, the Operator, shall at his
own cost, get the validity period of Bank Guarantee in respect of performance security
furnished by him extended and shall furnish the extended / revised Bank Guarantee to
JPNICS before the expiry date of the Bank Guarantee originally furnished.
6.2.21 Confidentiality
Information relating to evaluation of Proposals and recommendations concerning
awards shall not be disclosed to the bidders who submitted the Proposals or to other
persons not officially concerned with the process. The undue use by any Bidder of
confidential information related to the process may result in the rejection of its
Proposal and may be subject to the provisions of the JPNICSs antifraud and
corruption policy.
6.2.22 Taxes
a) The Operator shall include all local taxes and duties on amounts payable by the
Operator under the Contract. All taxes including Service Tax, duties and other
impositions as applicable in India shall be included in the Financial Proposals.
b) The Financial Proposal should include all commercial prices inclusive of all the taxes,
duties and levies, etc. applicable at the time of submission of Proposals.
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revenues (if actual revenues earned during the year are more than the AMG) will be
done on financial year basis by 31st March of every year.
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