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Operating Jai Prakash Narain International Centre (JPNIC)

REQUEST FOR PROPOSAL


(Bidding Terms & Draft Agreement)
FOR

Selection of Operator for

OperatingJai Prakash Narain International Centre

(JPNIC)

Vipinkhand, Gomti Nagar,

Lucknow

(30th June, 2016)

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Operating Jai Prakash Narain International Centre (JPNIC)

LDAs Reference No:

Project Name: Selection of Operator for OperatingJai Prakash Narain International


Centre (JPNIC)

Name of Ministry/ Department: Housing and Urban Planning Department, Government of


Uttar Pradesh

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SECTION 1:
INSTRUCTIONS TO BIDDERS

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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.

3 Eligibility of Association of Biddersi.e. Consortium


A bidder may bid by forming a consortium or joint venture with other bidder(s). In such
cases, the bidder will either form a JV or a consortium. In both the cases, a copy of the
JV agreement or the Consortium Agreement must be duly submitted along with the
proposal. Failing which, the proposal will be rejected.

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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.

4 Clarification and Amendment of RFP Documents


Bidders may request a clarification on any clause of the RFP documents up to the
number of days indicated in the Data Sheet before the proposal submission date. Any
request for clarification must be sent in writing, or by standard electronic means to the
address indicated in the Data Sheet. LDAwill respond in writing, or by standard
electronic means and will send written copies of the response (including an explanation
of the query but without identifying the source of inquiry) to all Bidders. Should
LDAdeem it necessary to amend the RFP as a result of a clarification, it shall do so
following the procedure below:
At any time before the submission of Proposals, LDAmay amend the RFP by issuing an
addendum in writing or by standard electronic means. The addendum shall be sent to all
Bidders and will be binding on them. Bidders shall acknowledge receipt of all
amendments. To give bidders reasonable time in which to take an amendment into
account in their Proposals LDAmay, if the amendment is substantial, extend the deadline
for the submission of Proposals.

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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.

6 Only One Proposal


Each bidder will submit only one proposal. If a bidder submits or participates in more
than one proposal, all such proposals shall be disqualified. A bidder should not be part
of more than one JV/Consortium.

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.

11 Earnest Money Deposit (EMD)


An EMD of Rs.10,00,000/- (Rupees Ten Lakh), in the form of DD/Bank Guarantee(BG)
drawn in favor of Secretary, LDA payable at Lucknow must be submitted alongwith the
Proposal. Proposals not accompanied by EMD shall be rejected as being non-
responsive.No interest shall be payable by LDA for the sum deposited as earnest money
deposit. A bank guarantee can also be accepted in lieu of the Demand Draft (DD).
The EMD of the unsuccessful bidders would be returned back within one month of
signing of contract with the selected operator.
The EMD shall be forfeited by LDA in the following events:
a) If Proposal is withdrawn during the validity period or any extension agreed by the
bidder thereof.
b) If the Proposal is varied or modified in a manner not acceptable to LDA after
opening of Proposal during the validity period or any extension thereof.
c) If the bidder tries to influence the evaluation process.

12 Bid Processing Fees


All bidders are required to pay Rs. 50,000/- (Rupees Fifty Thousand) towards Bid
Processing Fees in the form of demand draft drawn in favor of Secretary, LDA and
payable at Lucknow. The Bid Processing Fee is Non-Refundable. Proposal, which
does not include the bid processing fees, will be rejected as non-responsive.

13 Submission, Receipt, and Opening of Proposal


a) The original proposal, both technical and Financial Proposals shall contain no inter
lineation or overwriting, except as necessary to correct errors made by the bidders
themselves. The person who signed the proposal must initial such corrections.
Submission letters for both Technical and Financial Proposals should respectively
be in the format of TECH-1 of Section 3, and FIN-1 of Section 4.
b) An authorized representative of the bidder shall initial all pages of the original
Technical and Financial Proposals. The authorization shall be in the form of a
written power of attorney accompanying the Proposal or in any other form

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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)

b) Opening& Evaluation of the Financial Proposals:


After the technical evaluation is completed, the qualified bidders shall be informed
in writing about the time and location for opening the Financial Proposals.
Bidders attendance at the opening of Financial Proposals is optional but it shall be
recorded and signed by all present.
Financial Proposals shall be opened publicly in the presence of the bidders
representatives who choose to attend. The Financial Proposal of the bidders who
meet the minimum qualifying mark will then be inspected to confirm that they
have remained sealed and unopened. The Financial Proposals of the bidders who
meet the minimum qualifying marks as indicated in the Data Sheet shall then be
opened, and their quotes/ assured revenues in the form of annual assured minimum
guaranteewill be read aloud and recorded.
Financial proposals of only those bidders will be evaluated, who secure a minimum
of 70% marks in the technical evaluation.

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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.

15 Availability of Professional Staff/Experts:


Having selected the Operator on the basis of, among other things, an evaluation of
proposed professional staff, LDA expects to sign a Contract on the basis of the
professional staff named in the Proposal. LDA will require assurances that the
professional staff will be actually available. LDA will not consider substitutions before
contract signing unless both parties agree that undue delay in the selection process
made such substitution unavoidable or for reasons such as death or medical incapacity
or if the professional staff has left the organization. If this is not the case and if it is
established that Professional staff were offered in the proposal without confirming
their availability, the bidder may be disqualified. Any proposed substitute shall have
equivalent or better qualifications and experience than the original candidate and be
submitted by the operator within the specified time period.

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

1. Name of the client: Lucknow Development Authority (LDA)

Method of selection: Quality cum Cost Based System (QCBS)

2. Documents part of RFP: Section 1 - Instructions to Bidders


Section 2 Data Sheet
Section 3 - Technical Proposal - Standard Forms
Section 4 - Financial Proposal - Standard Forms
Section 5 - Terms of Reference
Section 6- Standard Form of Contract

3. Pre-Qualification Criteria (a) The bidder (Company/JV/Consortium) must be a


Company registered under the Indian Companies Act,
1956with a minimum of five (05) years of relevant
experience for running of hospitality facilities in the
hospitality industry (Incorporation/ Registration
Certificate required). The other member of the
consortium/JV may be an international company of
relevant experience in hospitality/ hotel sector in India
(b) The bidder (Company/JV/Consortium) must have an
experience of minimum one (01) assignment/facility of
similar nature for running of hospitality facilities in the
hospitality industry. (Copy of work order/ Contract of
the mentioned assignment/proof of facility required)
(c) The bidder (Company/JV/Consortium)must have a
minimum averageturnover of not less than Rs.10
croresand a net worth of not less than Rs. 3 croresfor
last three financial years (2012-13,2013-14& 2014-15)
(Audited Accounts/Certificate from Auditors required)
Note:In case of a JV/Consortium, the lead member should have
a minimum average turnover of not less than Rs. 3 crores and a
net worth of not less than Rs. 1 crore for last three financial
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years ( 2012-13, 2013-14& 2014-15)

(d) The bidder must have a dedicated manpower size of


atleast 50 people for undertaking the current assignment.
(Employee details/ Resumes required)
Documentary proof with respect to the above criteria is
essential without which the proposal will be rejected.
Technical and Financial evaluation will be done only for
the bidders satisfying the above criteria.

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.

6. Performance Bank The Selected Operator will be required to submit a Performance


Guarantee requested: Bank Guarantee of Rs.2,50,00,000/- (Rupees two crore fifty
lakh only) in favour of JPNIC Society renewable on yearly
basis for the entire term of the assignment.

7. Technical and Financial Yes


Proposals requested:

Name, objectives, and As detailed in TOR (Section 5)


description of the
assignment:

8. Pre-bid conference will be Date: 11th July, 2016


held on: Time: 1500hrs

Venue: Meeting Hall, IInd Floor,


Lucknow Development Authority
Pradhikaran Bhawan
Vipin Khand, Gomti Nagar
Lucknow
Tel: 0522-2302578
Fax: 0522-2302400
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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.

9. Name(s), address(es), and Vice Chairman


Lucknow Development Authority
telephone numbers of the
PradhikaranBhawan
LDA official(s): VipinKhand, Gomti Nagar
Lucknow
Tel: 0522-2302578
Fax: 0522-2302400
Email: ldavc@rediffmail.com
10. LDAenvisages the need for Yes
continuity for downstream
work:

11. Clauses on fraud and Clause 6.2.9 of Section 6


corruption in the Contract:

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:

Address for requesting Mr. S. K. Sharma


Head (Business Development)
clarifications is: 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

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13. Language(s) of the English


submitted proposals: The Contract to be signed with the successful Operator shall be
written in the English language, which shall be the language
that shall govern the contractual relations between LDAand the
successful Operator.

14. Reports that are part of the English


assignment must be written
in the following language

15. Training is a specific Yes


component of this
assignment:

16. Taxes: [Specify Bidders As perclause no 5.4.8


liability:]:

17. Bidder to state cost in the Indian Rupees


national currency:

18. Proposals must remain valid Date- 25th November, 2016


for one hundred twenty (120
days after the submission
date, i.e., until:

19. Address to an Executive Engineer, JPNIC


submit
Lucknow Development Authority
original &Two(2)
PradhikaranBhawan
additional copies of 5th Floor, New Building
technical proposal and one VipinKhand, Gomti Nagar
Lucknow
(1) original Financial Email: eejpnic@gmail.com
proposal

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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21. Address to send information Vice Chairman


Lucknow Development Authority
to LDA:
PradhikaranBhawan
VipinKhand, Gomti Nagar
Lucknow
Tel: 0522-2302578
Fax: 0522-2302400
Email: ldavc@rediffmail.com

22. Number of points to be given under each evaluation criteria for technical evaluation:

Description of each evaluation criteria: Maximum Marks with


Break-up

(i). Average Turnover of the Bidder in last three financial 15 Marks


years (2012-13, 2013-14& 2014-15)
(a)10 - 15 Crore 5 Marks

(b) 15 - 20 Crore 10 Marks

(c) Above 20Crore 15 Marks

Evidenced byAudited Accounts/Certificate from Auditors

(ii). Past Experience in work of similar nature 20 Marks


(a) Past experience of similar nature as described in point 20 Marks
number 3(b) of the data sheet, in terms of no. of assignments/
facilities executed over the last 5 years:
(10 Marks)
No of assignments/facilities = upto 3

No of assignments/facilities = 4 or 5 (15 Marks)

No of Assignments/facilities = 6& above. (20 Marks)

Evidenced byContract/Work/Engagement orders, indicating


details of assignment, client, value of assignment, date of
award etc.

(iii).Manpower, Skill Set, Team Composition & Deployment 25 Marks


(a). Composition of the project team identified for carrying out
the assignment: 5 Marks
Experts on hospitality management& overall
administration

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Experts for customer service, housekeeping


Experts for managing various events/ programmes
Chefs and cooks
(b). Details of specific Qualifications, Skills/ Competencies/
Expertise of the key professional staff/ Resumes of team 20 Marks
membersto give details of Education Qualification, description
of services provided in last 5 years , Client/ User Testimonials.
Provide atleast 2 experts under each category:

Chefs & Cooks


Experts in Arts/ Cultural domain (5Marks)

Administrative Experts (5Marks)

Experts in Hospitality Management (5Marks)

(5Marks)

(iv). Understanding of TOR, Methodology and Work Plan 20 Marks


Adequacy of the proposed work plan and methodology in responding
to the TOR
]

(a). Understanding and adherence of TOR 5 Marks

Demonstrated level of understanding of the project, its purpose,


scope, and bidder's plan for performing the required services as
detailed in scope of work, technical and Functional
requirements in the bid, during the lifecycle of the project:
Operating Jai Prakash Narain International Centre (JPNIC) of
LDA.
(b). Approach and Methodology: 10 Marks

(b.i). Comprehensiveness and Robustness of Project Plan


(level of detail of activities, management of operations,
practicality). This criterion will be evaluated based on the
following parameters:
(i) Comprehensiveness of plan with respect to all
activities that need to be undertaken as part of the
assignment to ensure that the proposed plan meets
the minimum requirements.

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(ii) Strategy for execution and overall management


(iii) Activities, sequencing, dependencies among
activities covering all the bundle of services
(iv) Resource planning and allocation

(b.ii) Plan for support &maintenance during pre-


implementation and implementation
(c). Work Plan and Time Schedule: Appropriateness of 5 Marks
prescribed Time Frames for compliance and justifications with
specific focus on efficient management and smooth operations.

Total 80 Marks

The bidder will be required to make presentation on its Proposal covering


Experience/Technical Proposal including Implementation Methodology, Team Composition,
Work Schedule,Activity Schedule, the date and time for which will be intimated individually.
The committee may visit sites/locations of the bidders stated as his experience to ascertain the
quality of services provided.

23. Financial Evaluation:


LDAshall shortlist all the bidders who secure the minimum required marks. The minimum cut
off will be 70 % (Seventy Percent). Financial proposals of only the Bidders scoring 70% in
technical bid will be evaluated.
The proposal with the highest Annual Assured Minimum Guarantee (AMG) shall be ranked as
H-1 and will be considered for award of contract.

24. Address for correspondence: Vice Chairman


Lucknow Development Authority
Pradhikaran Bhawan
VipinKhand, Gomti Nagar
Lucknow
Tel: 0522-2302578
Fax: 0522-2302400
Email: ldavc@rediffmail.com
25. Period of Lease The period of lease for managing the operations of the
JPNIC is for 15 years(extendable by 10 years as per clause
5.4.12)

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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:

29. Expected Timelines: 3 - 6 months from signing of contract


Finalization & installation of
Interiors and other facilities
in consultation with LDA

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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TECH FORM NAME X/ Mention list of all


supporting documents
FORMS
attached (if any)
TECH-1 Letter of Proposal Submission

TECH-2 Companys Organization and Experience


(A). Companys Organization

(B). Companys Experience

TECH-3 Description of the Approach, Methodology


and Work Plan for Performing the
Assignment/ Job

TECH-4 Work Schedule

TECH-5 Team Composition and Task Assignments/


Jobs

(A). Summary of Project Team / Team


Composition

(B). Curriculum Vitae (CV) for Proposed


Professional Staff

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(On Bidders Letter-head)


Form Tech 1A: Letter of Proposal Submission
[Location, Date]
To: [Name and address of LDA]
Dear Sir
We, the undersigned, offer to provide the complete solutions forOperating Jai Prakash
Narain International Centre (JPNIC) of Lucknow Development Authority (LDA), in
accordance with your Request for Proposal dated [Insert Date].
We are hereby submitting our Proposal, which includes this Technical Proposal, and also the
Financial Proposal sealed under a separate envelope.
We undertake the total responsibility for performance of the Contract, if awarded to us.
We hereby declare that all the information and statements made in this Proposal are true and
accept that any misrepresentation contained in it may lead to our disqualification.
We understand that LDAis not bound to accept any Proposal it receives.
We remain,
Yours faithfully,
*Authorized Signatory [In full and Designation]:
Name and Title of Signatory:
Name of Bidder:
Address:
* NB: Authorization in form of power of Attorney is required on a non-judicial
StampPaper.

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Form Tech 1B: Bidders Authorization Certificate

To,
Vice Chairman
LDA,
Lucknow

<Bidders Name> __________________________, <Designation>______________


is hereby authorized to sign relevant documents on behalf of the company in dealing with
Proposal of reference <Reference No. & Date> ____________________.He is also
authorized to attend meetings and submit technical & financial information as may be
required by you in the course of processing above said proposal.

Thanking you,

Authorized Signatory
_________________________

<Company Name>

Seal

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Form Tech 1C: Bidder Details and Checklist

1 Company Information Details

1.1 Company Name

1.2 Details
Address
Phone number
Email
Fax
Website

1.3 Contact Person: Chief Executive/


Head of Operations
Name
Designation
Mobile Number
Email
Fax

1.4 Contact Person: Project Leader


Name
Designation
Mobile Number
Email
Fax

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2 Pre-Qualification Criteria and Supporting Documents Compliance


X/
2.1 Is your organization registered and has been in operation for at least
five years?

Attach Incorporation/ Registration Certificate or any other supporting


document.

2.2 Does your company have a minimum average turnover of atleastRs.10


crores for the preceding three financial years?

Does your company have a minimum average networthof atleastRs. 3


crores for the preceding three financial years?

Attach Audited Accounts/Certificate from Auditors or any other


supporting document.

2.3 Do you have a dedicated manpower size of at least 50 people for


undertaking hospitality assignments

AttachEmployees profile, details &Resumes of project team members


(Currently working with the bidder)

2.4 Do you have an experience of minimum one (01) assignment/ facility


for running of hospitality facilities in the hospitality industry

Attach Copy of work order, Contract for each of the mentioned


assignments or any other supporting document.

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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Form Tech 2: Companys Organization and Experience

(A) - Companys Organization


[Provide here a brief description of the background and organization of your Company/entity
and each associate for this Assignment/job. The brief description should include ownership
details, date and place of incorporation of the Company, objectives of the Company etc.

Years 2012-13 2013-14 2014-15

Turnover (INR)

Profit (INR)

Attach Incorporation/ Registration Certificate, Audited Account Sheets/ P&L Sheets.

(B) - Companys Experience


Using the format below, provide information on each Assignment/job for which bidder, had
legally Contracted as a corporate entity or as one of the major partners (in case of a JV,
minimum stake should be 51%) or as aleadmember (where the consortium agreement states
your organization as the lead member) within an association, for carrying out Assignment/job
similar to the ones requested under this Assignment/job (exact assignment / job details may
be submitted) within India.

Companys Name: ____________________________________


Assignment Name: Country: India

Location within Country: Key professional staff Provided by Your


Firm / entity(profiles):

Name of Client: No. of Staff

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Address: Duration of assignment:

Start Date Completion Date Approx. Value of Services (in Current


(Month/Year): (Month/Year): US$):

Name of Associated Bidders, if any: No. of Months of Key professional staff,


provided by Associated Bidders:

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:

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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Form Tech 4: Work Schedule


Implementation Schedule Indicative

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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Form Tech 5: Team Composition


(A) - Summary of Project Team / Team Composition
1). Technical/ Managerial Staff

Nature of Tasks which will CV Attached


S. Role
Name Position be (Yes/No)
No Description
Performed by him/ her

2. Support Staff

Nature of Tasks which will CV Attached


S. Role
Name Position be (Yes/No)
No Description
Performed by him/ her

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(B) - Format of Curriculum Vitae (CV) For Professional Experts

1. Proposed Position [i.e., Chefs,experts in arts/cultural domain, etc.]:

2. Name of Firm [Insert name of firm proposing the staff/ where currently working]:

3. Name of Staff [Insert full name]:

4. Date of Birth: Nationality:

5. Education [Indicate college/university and other specialized education of staff member,


giving names of institutions, degrees obtained]:

6. Membership of Professional Associations:

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.]:

From [Year]: To [Year]:


Employer: ________________
Positions held:

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9. Detailed Tasks 10. Work Undertaken that Best Illustrates Capability to


Handle the Tasks Assigned
Assigned
[Among theassignments in which the staff has been
involved, indicate the following information forthose
assignments that best illustrate staff capability to handle
the tasks listed under point 11.]
[List all tasks to be

performed under this Name of assignment or project:


Year:
assignment] Location:
Client:
Main project features:
Positions held:
Activities performed:

11. Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly

describes myself, my qualifications, and my experience. I understand that any wilful

misstatement described herein may lead to my disqualification or dismissal, if engaged.

Date:
[Signature of staff member or authorized representative of the staff] Day/Month/Year

Full name of staff member: _________________________________________

Full name of authorized representative: _______________________________

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SECTION 4:
FINANCIAL PROPOSAL- STANDARD FORMS

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Form Fin 1: Financial Proposal Submission Form


[Location, Date]
To: Vice Chairman,
Lucknow Development Authority, Lucknow.
Dear Sir,
We, the undersigned, offer to provide the Assignment/job for [Insert title of Assignment/job]
in accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal.
Our attached Financial Proposals (in one sealed envelope) is for the sum of [Insert amount(s)
in words and figures]. This amount is inclusive of all taxes. We hereby confirm that the
financial proposals are unconditional and we acknowledge that any condition attached to
financial proposal shall result in rejection of our financial proposals.
Our Financial Proposals shall be binding upon us up to expiration of the validity period of the
Proposal.
We understand that you are not bound to accept any Proposal you receive.

Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Company:
Address:

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Form Fin 2: LumpsumRevenue as per TOR of Section 5

BID PROPOSAL SHEETS

Name of the work: OperatingJai Prakash Narain International Centre (JPNIC)

Quotes submitted towards providing complete services to Lucknow Development Authority


(LDA)Government of Uttar Pradesh, in accordance with the scope of work and terms &
conditions mentioned in RFP.

The financial bid isbased on a Revenue Sharing Model as follows:

Annual Assured Minimum Guarantee (AMG) Amount (in INR)

Annual Assured Minimum Guarantee

I ________________________ (Prospective Operator) assure to pay JPNIC Society


(JPNICS) an annual Assured Minimum Guarantee (AMG) of Rs.
____________________________________ (in words) during any given year for the total
contract period.

Note:

The financial bid is for the total scope of work


The quotes mentioned in the Contract shall be deemed to include all amounts payable
for the use of patents, copyrights, registered charges, trademarks and payments for
any other industrial property rights.

Signature of the Authorized Signatory

Place: Name:

Date: Designation:

Name & Address of the Bidder:

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SECTION 5:
TERMS OF REFERENCE
5.1 About JPNIC

5.2 Facilities Offered

5.3 Utilities

5.4 Scope of Work

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5.1 About Jai Prakash Narain International Centre (JPNIC)

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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5.2 Facilities Offered


5.2.1 Guest Rooms& VIP Rooms: The JPNIC has 103guest rooms and 8 VIP rooms for
accommodating the Individual Members, Institutional Members and member guests
of the JPNIC.
5.2.2 Dormitory: The JPNIC has 6 dormitories totaling to 72 beds for accommodating
students coming for sports events and persons accompanying members and their
guests.
5.2.3 Restaurant: The JPNIC has 1 Guest Room Restaurantwith an area of 214 sqm. and 1
Roof-top Restaurant with an area of 312 sqm. capacityserving both meals i.e.
vegetarian and non-vegetarian menu.
5.2.4 Cafeteria: The JPNIC has 2 cafeterias: one on the fourth floor and one on the ground
floor respectively
5.2.5 Banqueting: The JPNIC has designed one large mother kitchen, one service kitchen,
two smaller kitchens each with a restaurantand pantries at all floors well-connected
through service-lifts meeting the overall requirements of the JPNIC.
5.2.6 Convention Hall: There is one convention hall with auditorium type sitting with a
capacity of approximately 2000 pax with an area of 2486sqm. This convention hall
will be equipped with all audio-visual facilities and can be used as an auditorium to
host big seminars/ conferences or any other cultural events. The facility has
collapsible partitions of approx. 700pax each.
5.2.7 Multi-Purpose Court: There is one multi-purpose Courtwith an area of 588sqm. This
multi-purpose court will be equipped with all audio-visual facilities and can be used
as an auditorium to host big seminars/ conferences or any other cultural events.
5.2.8 Conference Hall: There is one big conference hall with classroom type sitting with a
capacity of approximately 1000pax with an area of 1497sqm. This conference hall
will be equipped with all audio-visual facilities and can be used to host seminars/
conferences or any other cultural events.
5.2.9 Convention lobby/ Exhibition Space: There is a big convention lobby with a
capacity of approximately 1100 pax with an area of 1183sqm. This convention lobby
can be used to host a big exhibition or as banqueting facility for programmes taking
place in the convention centre.
5.2.10 Seminar Hall: The JPNIC has two seminar halls with an area of 552 sqm.to serve the
multiple needs of the LDA officials, members, etc. with latest conferencing and
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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

5.2.12 Museum: The JPNIC has a museum of 460sqm.


5.2.13 Library & Reading Lounge: The JPNIC has one library& reading lounge of 170sqm
in the museum block with a sitting capacity of approximately 85 pax.
5.2.14 Cultural Programmes/ Events: The JPNIC will create its own programme profile in
order to make the centre a one of the cultural hubs in the city.
5.2.15 Furnishing of JPNIC: The furnishing of the JPNIC will be done by LDA in
consultation with the selected operator.

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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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5.4 SCOPE OF WORK


The scope of work for operating Jai Prakash Narain International Centre (JPNIC) is as
follows:

The JPNIC Society

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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in consequence or as a result of any actions/default of the operator in operating the


said facility.
n) The payment of AMG to JPNICS will start from the date of opening of the centre

5.4.2 The Revenue Model


a) Operator will share revenue with JPNIC. This sharing arrangement will be on the
topline with minimum guarantee to be supported with a Bank Guarantee.
b) The operator will pay to JPNIC Society, the proportionate monthly amount of AMG
as quoted by him. 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.
c) Payment to be made on monthly basis for the following services (payments must be
made within 45 days of the end of a particular month).
Rentals: This will include rentals for Guest Rooms, Conference/Training/ Meeting
rooms, Multi-Purpose Hall, Exhibition spaces, Art Galleries, etc.
Food & Beverages (F&B): This will include the Restaurants, Food-Court,
Cafeteria and other banqueting facilities.
Miscellaneous Operating Departments: This will include hiring of certain facilities
from outside based upon the member requirements.

5.4.3 The JPNIC Tariff Committee


a) The tariffs will be determined by a Committee of 4 Members comprising of 2
representatives from the JPNIC Society and 2 representatives of the Operator.
b) The chairman of the Committee will be a representative of the JPNIC Society.
c) The committee will meet every six (6) months or earlier if required to review the
tariffs.
d) In case of lack of consensus on tariff, the decision of the chairman will be final and
binding on all. The tariff rates shall be comparable but notmore than corresponding
tariff rates of any 4 star facilities in Lucknow.

5.4.4 Pricing Policy


a) The prices of the rooms will have to be kept at club level.
b) The affairs of the JPNIC will be managed by a society
c) The pricing policy will be purely non-commercial for only its members and guests.
d) The price at the JPNIC for conference & banquet facilities should be competitive
giving clear price advantage to the members. There shall be differential pricing for
usage by members & member guests. The members will be given a price advantage of
30% for usage of various facilities in JPNIC.

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5.4.5 Projected Business Volume


a) JPNIC expects to have individual members (with individual spouses and dependents),
corporate members and temporary members.
(*Note: Temporary Members are members other than individual and corporate
members with individual spouses and dependents and member guests. They will be
charged a temporary membership fee for use of various facilities)
b) The sports, convention, banqueting and dining facilities will have a provision for use
by approximately 4000 persons daily on the basis of 50% occupancy rate for two -
three shift use depending on season.
c) Occupancy at guest room is expected to be 80% round the year.
d) Cultural and other activities planned in the convention centre, exhibition halls and
other halls will generate business in the restaurants.
e) There will be separate membership for health club (for non-members/temporary
members) and the revenues earned from this will be shared in the same arrangement
as for other facilities between the selected operator and the JPNIC Society. Whereas,
the health club facility will be free for registered members with JPNICS.
f) The Operator can also go for outdoor catering.

(Note: The membership fee will go to the JPNIC society. It will be a revenue stream for the
JPNIC Society and not the Operator)

5.4.6 Strategy for Interiors


a) The initial capital cost in terms of getting the interiors in place for all the facilities
starting from the reception, lounge, guest rooms, office, restaurants, auditorium,
conference/lecture halls, etc. will be borne by the JPNIC society.
b) The maintenance of the same including replenishments of consumables will be taken
care by the Operator.
c) For capital replacements, the responsibility will be that of the JPNIC Society.
d) The budget will be in following heads:
Civil
Services
Equipment
Consumables
e) The civil works in respect of rooms, auditorium, training rooms, restaurants, lounge,
exhibition hall, etc. is likely to be completed by October, 2016.
f) The interior works for the JPNIC centre will be done in consultation with the
Operator. For the same, a committee will be formed under the chairmanship of VC,
LDA comprising of representatives from the JPNIC society and the selected operator.
g) The operator shall provide its inputs to the JPNICS. It would be the responsibility of
the JPNICS to finish and handover the centre to the selected operator, completed in all
respects in the prescribed time.
h) The Operator can give its inputs regarding various facilities.

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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)

5.4.7 Intellectual Property (IP) Rights


a) The Operator will operate the JPNIC on behalf of the JPNIC Society for which, the
operator along with the JPNIC Society will finalize a name for the entire facility
(somewhere in relation to the JPNIC). All the licenses (except trade licenses) will then
be acquired in the name of this facility. Name of the entire facility to be somewhere in
relation to the JPNIC as well as the operator).
b) Within the JPNIC, the operator along with the JPNIC Society will finalize the names
of various facilities such as the conference rooms, art galleries, exhibition spaces,
restaurants, food court, etc. All such names for the above mentioned facilities will
again be the intellectual property of the JPNIC Society and the Operator cannot use
the same by any means for his advantage outside the JPNIC.
c) The name of all sorts of intellectual property created will be decided mutually by the
Operator and the JPNIC Society but, the final decision will rest with the JPNIC
Society only.
d) All the billing will be done in the name of the facilities created and not in the name of
the Operator.
e) The facility/ies thus created, will be the Intellectual Property of the JPNIC Society
and not the Operator.

5.4.8 Licenses & Taxes


The acquisition of licenses and payment of taxes will be follows:
a) Licenses: All the licenses will be acquired in the name of the JPNIC Society like
UPPCC (pollution control) license, Phonographic Performance license, Fire NOC,
MCL license, and the like except Excise license for running a bar and Health License
which will be acquired by the operator. The operator will help the JPNIC Society in
acquiring the above mentioned licenses for smooth running of the JPNIC. The cost of
obtaining the licenseswill be borne by JPNICS only or charged to JPNICS by the
operator in case of help.
b) JPNICS and the operator will comply and pay the respective direct and indirect taxes
which are applicable to both during the period of this agreement including income tax,
service tax, TDS, VAT, etc.

5.4.9 Management of Operations:


a) The Operator will bring the necessary staff for smooth operation of the JPNIC.
b) The Operator will be responsible for house-keeping, painting, polishing and general
repair & replacements of JPNIC.
c) JPNICS will make payment to maintain &replace all the central services i.e. air
conditioning, water, fire, CCTV, generator, lifts, WTP &STP.
d) The Operator will make payment for electricity bills for the entire JPNIC except for
Museum. The cost of electricity for Museum would be borne by JPNIC Society.

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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.

5.4.10 Operational Modalities


The operational modalities of the JPNIC will be taken care of by the following
committees:
a) Tariff Committee: It will take care of the tariff and quality services
b) Programme Committee: It will prepare and finalize the weekly programme schedule
of activities at JPNIC including evening shows and cultural programmes.
c) Audit Committee: It will be responsible for the following:
Preparation of Daily Sales Report for all the billings (through billing software
with a link to the JPNIC society)
Preparation of Daily Flash Report, or
Any other report in consultation with both the parties

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5.4.11 Usage Pattern


JPNIC will encourage members to use the facilities and allow the Operator to organize
programmes, cultural events, plays, etc. when the facilities are not booked by member.
Weddings and wedding receptions are allowed at JPNIC premises. The operator will have
full responsibility for operations of the JPNIC without interference from anybody.
(Note: The bookings for all the facilities will be made on first cum first serve basis.)

5.4.12 Period of Lease


The initial period of lease will be 15Years which may be extended by another 10 years on
same terms & conditions by JPNICS if it considers such extension in the interest of
JPNIC.

5.4.13 Reporting Mechanism


The Operator will furnish daily reports to the JPNIC Society

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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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LIST OF FURNITURE, FIXTURE, FURNISHING & EQUIPMENT TO BE


PROVIDED BY JPNIC SOCIETY SUBJECT TO NEED
1) All furniture, fittings, fixture and furnishings in rooms, bathrooms, restaurants,
conferences/lecture/ training halls, kitchens, stores and other back of the house areas.
2) EPABX, telephone and paging equipment,
3) All equipment related to:
a. Kitchen and pantry equipment work tables, ovens, gas range, fryers and other
cooking and storage equipment, etc. water coolers, ice cubers, refrigeration
equipment, etc.
b. Gas banks & pipe lines
c. Guest laundry equipments
d. Fitness centre, children activity centre, other health related equipments, steam,
sona, Jacuzzi, etc.
e. All equipment, plant & machinery of HVAC, plumbing & sanitation,
electrical, steam, gas, &firefighting equipment, & public address system, lifts,
AHUs, Boilers, Gen. Set, LT Panels, etc.
f. All audio-visual equipment in rooms, restaurants, multi-purpose hall,
conference rooms, and if any other areas. TV sets, dish antenna, VCRs, OHP,
channel music.
g. Signages, Neon, glow signs,
h. Medical room equipment.

The above items will be supplied one time by JPNIC Society whereas; replacement of the
same will be the responsibility of the operator.

PAR STOCK OF OPERATING SUPPLIES


(Par Stock to be supplied and replaced by the operator)
1) All crockery, cutlery, glassware, servicing equipment, hollowware, tableware like
plates, spoons, forks, glasses, bowls, pots, ash trays, salvers, trays&Kitchen
equipment
2) Kitchen utensils like pots, pans, ladles, knives, crates, chopping board, etc.
3) Housekeeping cleaning equipment, like vacuum cleaners, polish & scrubbing
machines, etc.
4) Packing material & disposables like boxes, napkins, plates, glasses, cutlery,
containers, bags, doilies, coasters, mats, straws, etc. only for the food court.
5) Room supplies stationery and toiletries like soap, shampoo, sewing kits, pads, pens,
shower caps, toilet rolls, talc, tooth brush and paste, match boxes, laundry list and
bag, etc.
6) All props, decorative items, flower planters, vases, movable screens, and barriers, etc
7) Carting and storage equipments like trolleys, weighing machines, racks cupboards,
ladders, etc.
8) Restaurant & Banquet linen like runners, napkins, table cloths, frills, baize cloth, tray
covers, pot holders, dusters, wiping sheets, etc.

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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

S.No. Floors FAR unit Built-Up Area


Area (Non-FAR
Area)

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. -

Proposed Ground Coverage


Convention & Sports Center (CSC) Block 16228 SQ.Mt. -
musuem block 1560 SQ.Mt. -
Total Proposed Ground Coverage 17788 SQ.Mt. -

Permissible FAR (on AAC) @ 1.5% 57096 SQ.Mt. -

Proposed FAR @ 1.53% 58494 SQ.Mt. -

TOTAL AREA FOR ALL THE BLOCKS

TOTA AREA-CSC BLOCK 55139 SQ.Mt. 68827


TOTAL AREA-MUSEUM BLOCK 3355 SQ.Mt. 3355
TOTAL AREA-PARKING BLOCK - SQ.Mt. 25314
GRAND TOTAL AREA 58494 SQ.Mt. 97496

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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

2 Lower Gorund at -2850 & -3400 4188 SQ.Mt. 8380


Children's Pool 372 SQ.Mt. 372
Children's Pool change room,trainer room & store 114 SQ.Mt. 114
change room for male & female 638 SQ.Mt. 638
change room lobby at grid k/7 138 SQ.Mt. 138
swimming pool utlity ,Ahu & kids pool plant room at grid-8 - SQ.Mt. 869
swimming pool utlity& Ahu at grid-8 SQ.Mt. 644
multipurpose court utility - SQ.Mt. 822
VIP/ player's seating at grid 7-8/c 221 SQ.Mt. 221
multipurpose court utility & ahu at grid 5 & 6 - SQ.Mt. 781
tennis court utility & ahu at grid 5 & 6 - SQ.Mt. 1076
public toilet for male at grid c-d 166 SQ.Mt. 166
public toilet for female at grid c-d 102 SQ.Mt. 102
public toilet lobby between greed d-e/5b-7 428 SQ.Mt. 428
lobby (players zone) at grid j-k/5-6 244 SQ.Mt. 244
lobby 1263 SQ.Mt. 1263
drinking, ph toilet, service room & Ahu at grid R-T/6 84 SQ.Mt. 84
Toilet looby at grid 6a/R 25 SQ.Mt. 25
public toilet for male & female at grid r-t/7 174 SQ.Mt. 174
service area at grid c-e/5-5b 219 SQ.Mt. 219

3 Ground floor at +450 15186 SQ.Mt. 16293


Swimming Pool & diving pool viewing gallery,lobby& sports 2408 SQ.Mt. 2408
atrium
Swimming & diving pool deck 2852 SQ.Mt. 2852
multipurpose court 588 SQ.Mt. 588
multipurpose court viewing gallery 610 SQ.Mt. 610
tennis court 1371 SQ.Mt. 1371
tennis court viewing gallery 1049 SQ.Mt. 1049
convention cum sports entrance foyer 408 SQ.Mt. 408
convention entrance lobby 1183 SQ.Mt. 1183
sports entry 296 SQ.Mt. 296

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lobby with staircase & ramp 2022 SQ.Mt. 2022


hvac room at grid-r 38 SQ.Mt. 38
squash courts 396 SQ.Mt. 396
public toilets 236 SQ.Mt. 236
secondry sport's entrance lobby SQ.Mt. 188
domitory reception 105 SQ.Mt. 105
domitory toilet & store 46 SQ.Mt. 46
squash & tennis court lobby with core-4 261 SQ.Mt. 261
Genrator&hv shaft - SQ.Mt. 30
core-3 71 SQ.Mt. 71
service lobby 50 SQ.Mt. 50
B.M.S. 22 SQ.Mt. 22
storege cum loading-unloading deck 94 SQ.Mt. 94
Guest Room public toilet 64 SQ.Mt. 64
core-2 98 SQ.Mt. 98
Guest Room toilet lobby 51 SQ.Mt. 51
clock room 12 SQ.Mt. 12
pantry 14 SQ.Mt. 14
Guest Room admin toilet 9 SQ.Mt. 9
clock room & pantry lobby 12 SQ.Mt. 12
Guest Room admin cum reception 249 SQ.Mt. 249
Guest Room atrium 389 SQ.Mt. 389
core-1 181 SQ.Mt. 181
convention ramp - SQ.Mt. 774
Bridge to parking block - SQ.Mt. 116

4 Mezzanine floor at +3700 831 SQ.Mt. 831


core-1 102 SQ.Mt. 102
office space 299 SQ.Mt. 299
pantry 11 SQ.Mt. 11
toilet & pantry lobby/corridor 58 SQ.Mt. 58
Toilet male & female 21 SQ.Mt. 21
core-2 69 SQ.Mt. 69
core-3 71 SQ.Mt. 71
core-4 28 SQ.Mt. 28
staff room 172 SQ.Mt. 172

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

6 First floor at +6950 1931 SQ.Mt. 1931

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core-1 102 SQ.Mt. 102


office space-1 299 SQ.Mt. 299
pantry 11 SQ.Mt. 11
toilet & pantry lobby/corridor 43 SQ.Mt. 43
Toilet male & female 21 SQ.Mt. 21
office space-2 202 SQ.Mt. 202
core-2 69 SQ.Mt. 69
HVAC tunnel betwwen grid j-k 172 SQ.Mt. 172
core-4 68 SQ.Mt. 68
core-3 71 SQ.Mt. 71
snooker & TT room 571 SQ.Mt. 571
Toilet male & female 130 SQ.Mt. 130
sports equipment/store room 172 SQ.Mt. 172

7 Mezzanine floor at +9400 602 SQ.Mt. 602


core-1 102 SQ.Mt. 102
service area 299 SQ.Mt. 299
pantry 11 SQ.Mt. 11
toilet & pantry lobby/corridor 43 SQ.Mt. 43
Toilet male & female 21 SQ.Mt. 21
core-2 69 SQ.Mt. 69
core-3 57 SQ.Mt. 57

8 Second floor at +12750 8669 SQ.Mt. 8669


convention entrance lobby 680 SQ.Mt. 680
convention entrance lobby toilet 125 SQ.Mt. 125
service & TFA room between grid( E-G/7) 128 SQ.Mt. 128
controle room between grid( F-G/6a) 68 SQ.Mt. 68
double height store between grid( F-G/5a) 42 SQ.Mt. 42
service core 5 40 SQ.Mt. 40
double height service core 5 18 SQ.Mt. 18
conecting lobby between pre- fuction& hall 1 50 SQ.Mt. 50
lobby to open terrace for hall-1 46 SQ.Mt. 46
movable partition storage-1 59 SQ.Mt. 59
TFA room between grid( h-i/7) 56 SQ.Mt. 56
service core 6 42 SQ.Mt. 42
conecting lobby between pre- fuction& hall 2 30 SQ.Mt. 30
lobby to open terrace for hall-2 64 SQ.Mt. 64
movable partition storage-2 56 SQ.Mt. 56
service & TFA room between grid( K-M/7) 100 SQ.Mt. 100
controle room between grid( m/6a) 12 SQ.Mt. 12
service core 7 40 SQ.Mt. 40
double height service core 7 25 SQ.Mt. 25
conecting lobby between pre- fuction& hall 3 68 SQ.Mt. 68
lobby to open terrace for hall-3 63 SQ.Mt. 63
convention hall 2486 SQ.Mt. 2486

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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

9 Third floor at +19000 2018 SQ.Mt. 2018


service core 5 65 SQ.Mt. 65
service core 6 65 SQ.Mt. 65
service core 7 65 SQ.Mt. 65
maintanace block 125 SQ.Mt. 125
mother kitchen 1093 SQ.Mt. 1093
core-1 102 SQ.Mt. 102
core-2 69 SQ.Mt. 69
core-3 71 SQ.Mt. 71
AHU 15 SQ.Mt. 15
toilet lobby at grid-h 9 SQ.Mt. 9
hvac panel room 141 SQ.Mt. 141
male & female toilet at grid-h 19 SQ.Mt. 19
male & female toilet betwwen grid P-Q 32 SQ.Mt. 32
lobby for toilet & changing room between grid-p&q 18 SQ.Mt. 18
changing room 16 SQ.Mt. 16
store 112 SQ.Mt. 112

10 Fourth floor at +25150 4493 SQ.Mt. 4493


conference hall 1497 SQ.Mt. 1497
entrance lobby 336 SQ.Mt. 336
VIP room 56 SQ.Mt. 56
reading lounge 190 SQ.Mt. 190
Pump room 32 SQ.Mt. 32
AHU & TFA room 25 SQ.Mt. 25
core 1 102 SQ.Mt. 102
core 2 79 SQ.Mt. 79
core 3 71 SQ.Mt. 71
core 8 75 SQ.Mt. 75
lobby 1140 SQ.Mt. 1140

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lobby with double height 300 SQ.Mt. 300


service kitchen 68 SQ.Mt. 68
toilet lobby 23 SQ.Mt. 23
male toilet 71 SQ.Mt. 71
female toilet 38 SQ.Mt. 38
PH toilet 8 SQ.Mt. 8
AHU 23 SQ.Mt. 23
cafeteria 362 SQ.Mt. 362

11 Fifth floor at +28750 1316 SQ.Mt. 1316


core 8 69 SQ.Mt. 69
core 2 70 SQ.Mt. 70
core 3 76 SQ.Mt. 76
service room between grid (C-E) 125 SQ.Mt. 125
Gym 213 SQ.Mt. 213
Trainer room & store 22 SQ.Mt. 22
Gym & toilet corridor 42 SQ.Mt. 42
Toilet between grid (G-I) 85 SQ.Mt. 85
Reception & lobby 119 SQ.Mt. 119
SPA & Yoga corridor 44 SQ.Mt. 44
yoga 87 SQ.Mt. 87
SPA, sauna , foot massage & massage room 293 SQ.Mt. 293
Change rooms spa & sauna/toilet 45 SQ.Mt. 45
service area at grid-P 25 SQ.Mt. 25

12 Sixth floor at +32350 1513 SQ.Mt. 1513


core 8 63 SQ.Mt. 63
core 2 86 SQ.Mt. 86
core 3 74 SQ.Mt. 74
house-keeping 63 SQ.Mt. 63
Dormitory lobby 457 SQ.Mt. 457
Dormitory (6 no.) 587 SQ.Mt. 587
Common toilet block 146 SQ.Mt. 146
store between grid (O-P) 36 SQ.Mt. 36
service area/store at grid-P 33 SQ.Mt. 33

13 Seventh floor (service floor) at +35950 1445 SQ.Mt. 1445


core 8 63 SQ.Mt. 63
core 2 70 SQ.Mt. 70
core 3 72 SQ.Mt. 72
service area 1239 SQ.Mt. 1239

14 Eighth floor at +39550 1364 SQ.Mt. 1364


core 8 64 SQ.Mt. 64
core 2 105 SQ.Mt. 105
core 3 74 SQ.Mt. 74
house keeping 52 SQ.Mt. 52
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store between grid (O-P) 24 SQ.Mt. 24


service area at grid-P 35 SQ.Mt. 35
Corridor 381 SQ.Mt. 381
Guest room (15 no.) 629 SQ.Mt. 629

15 Ninth floor at +43150 1364 SQ.Mt. 1364


core 8 64 SQ.Mt. 64
core 2 105 SQ.Mt. 105
core 3 79 SQ.Mt. 79
house-keeping 49 SQ.Mt. 49
store between grid (O-P) 21 SQ.Mt. 21
service area at grid-P 32 SQ.Mt. 32
Corridor 244 SQ.Mt. 244
Guest room (9 no.) 440 SQ.Mt. 440
Guest room restaurant 214 SQ.Mt. 214
kitchen 117 SQ.Mt. 117

16 Tenth floor at +46750 1062 SQ.Mt. 1062


core 8 64 SQ.Mt. 64
core 2 93 SQ.Mt. 93
core 3 79 SQ.Mt. 79
house keeping 46 SQ.Mt. 46
store between grid (O-P) 21 SQ.Mt. 21
service area at grid-P 28 SQ.Mt. 28
Corridor 284 SQ.Mt. 284
Guest room (11 no.) 448 SQ.Mt. 448

17 Eleventh floor at +50350 1129 SQ.Mt. 1129


core 8 64 SQ.Mt. 64
core 2 100 SQ.Mt. 100
core 3 79 SQ.Mt. 79
house keeping 42 SQ.Mt. 42
store between grid (O-P) 25 SQ.Mt. 25
service area at grid-P 25 SQ.Mt. 25
Corridor 344 SQ.Mt. 344
Guest room (11 no.) 449 SQ.Mt. 449

18 Twelfth floor +53950 1035 SQ.Mt. 1035


core 8 64 SQ.Mt. 64
core 2 105 SQ.Mt. 105
core 3 79 SQ.Mt. 79
house keeping 39 SQ.Mt. 39
store between grid (O-P) 29 SQ.Mt. 29
service area at grid-P 22 SQ.Mt. 22
Corridor 309 SQ.Mt. 309
Guest room (11 no.) 452 SQ.Mt. 452

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19 Thirteenth floor +57550 1369 SQ.Mt. 1369


core 8 64 SQ.Mt. 64
core 2 105 SQ.Mt. 105
core 3 79 SQ.Mt. 79
house keeping 36 SQ.Mt. 36
store between grid (O-P) 34 SQ.Mt. 34
service area at grid-P 19 SQ.Mt. 19
Corridor 405 SQ.Mt. 405
Guest room (15 no.) 628 SQ.Mt. 628

20 Fourteenth floor at +61150 1234 SQ.Mt. 1234


core 8 64 SQ.Mt. 64
core 2 105 SQ.Mt. 105
core 3 79 SQ.Mt. 79
house keeping 33 SQ.Mt. 33
store between grid (O-P) 34 SQ.Mt. 34
service area at grid-P 19 SQ.Mt. 19
Corridor 292 SQ.Mt. 292
Guest room (15 no.) 609 SQ.Mt. 609

21 Fifthteenth floor at +64750 1253 SQ.Mt. 1253


core 8 64 SQ.Mt. 64
core 2 105 SQ.Mt. 105
core 3 79 SQ.Mt. 79
house keeping 30 SQ.Mt. 30
store between grid (O-P) 34 SQ.Mt. 34
service area at grid-P 16 SQ.Mt. 16
Corridor 309 SQ.Mt. 309
Guest room (15 no.) 617 SQ.Mt. 617

22 Sixteenth floor at +68350 1236 SQ.Mt. 1236


core 8 64 SQ.Mt. 64
core 2 105 SQ.Mt. 105
core 3 79 SQ.Mt. 79
Pump room 29 SQ.Mt. 29
store between grid (O-P) 29 SQ.Mt. 29
Corridor 305 SQ.Mt. 305
7 VIP Guest room+1 guest room 625 SQ.Mt. 625

23 Terrace at +71950 654 SQ.Mt. 1430


core 8 (mumty) 75 SQ.Mt. 75
core 2 (mumty) 92 SQ.Mt. 92
Electrical room 17 SQ.Mt. 17
Helipad structure SQ.Mt. 636
Helipad ramp structure SQ.Mt. 140
Restaurent with kitchen 312 SQ.Mt. 312
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Corridor to core-3 34 SQ.Mt. 34


core 3 (mumty) 79 SQ.Mt. 79
Infinty pool cantiliver area 45 SQ.Mt. 45

24 OAT at +75550 0 SQ.Mt. 116


O.A.T. 80
O.H.T. 36

TOTAL FLOOR AREA OF CSC BLOCK 55139 SQ.Mt. 68827

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JPN Museum Block


B JPN MUSEUM BLOCK
S.No. Floors FAR Area unit Built-Up Area
(Non-FAR
Area)
1 Basement at -5000 1600 SQ.Mt. 1600

Librarian & Reading Lounge 170 SQ.Mt. 170


Resource Centre 1255 SQ.Mt. 1255
Electrical Room 65 SQ.Mt. 65
covered courtyard 110 SQ.Mt. 110

2 Ground floor at +/- 00 658 SQ.Mt. 658

Entrance Lobby + Toilets 332 SQ.Mt. 332


Arch 326 SQ.Mt. 326

3 First floor at +4500 350 SQ.Mt. 350

Museum Lobby 292 SQ.Mt. 292


Frisking zone & souvenir shop 58 SQ.Mt. 58

4 Second floor at +9900 508 SQ.Mt. 508

Museum 460 SQ.Mt. 460


Lift lobby 36 SQ.Mt. 36
Toilets & services 12 SQ.Mt. 12

5 Service floor Plan at +17100 94 SQ.Mt. 94


Pantry 14 SQ.Mt. 14
OHT room 41 SQ.Mt. 41
Toilet 8 SQ.Mt. 8
Circulation 31 SQ.Mt. 31

6 Terrace at +27000 145 SQ.Mt. 145

TOTAL FLOOR AREA OF MUSEUM BLOCK 3355 SQ.Mt. 3355

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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

1 Basement floor 200 SQ.Mt. 3522


parking area - SQ.Mt. 3130
lift & staircase lobby 200 SQ.Mt. 200
fan room SQ.Mt. 85
service shafts SQ.Mt. 38
STP SQ.Mt. 40
Electrical room SQ.Mt. 29

2 Ground floor 600 SQ.Mt. 3674


parking area - SQ.Mt. 3045
shops & cafeteria 289 SQ.Mt. 289
toilet 58 SQ.Mt. 58
lift & staircase lobby 253 SQ.Mt. 253
Server room SQ.Mt. 29

3 First floor 198 SQ.Mt. 3292


parking area - SQ.Mt. 3065
lift & staircase lobby 198 SQ.Mt. 198
Store - SQ.Mt. 29

4 Second floor 238 SQ.Mt. 3702


parking area - SQ.Mt. 3435
lift & staircase lobby 238 SQ.Mt. 238
Store - SQ.Mt. 29

5 Third floor 198 SQ.Mt. 3662


parking area - SQ.Mt. 3435
lift & staircase lobby 198 SQ.Mt. 198
Store - SQ.Mt. 29

5 Fourth floor 244 SQ.Mt. 3708


parking area - SQ.Mt. 3435
lift & staircase lobby 244 SQ.Mt. 244
Store - SQ.Mt. 29

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5 Terrace 198 SQ.Mt. 3587


Ramp - SQ.Mt. 3246
lift & staircase lobby 198 SQ.Mt. 198
Store - SQ.Mt. 29
Battery room - SQ.Mt. 114
TOTAL FLOOR AREA OF PARKING BLOCK 1876 SQ.Mt. 25314

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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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6.1 Form of Contract


This Contract is made at __________ (place) on the _____________ day of the (month and
year) between Jai Prakash NarainInternational Centre Society, Lucknow - (hereinafter
called JPNICS of the First Party AND _____________, having its office ______________
(hereinafter called Operator) of the Second Party
WHEREAS
(a) The Operator, having represented to LDAthat it has the required professional skills,
personnel and technical resources, has offered to carry out the services in response to the
Tender Notice called Request for Proposal dated_________ issued byLDA;
(b) LDAhas accepted the Proposal dated ______________ submitted by the Operator to
provide the services on the terms and conditions set forth in this Contract.
NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL CONVENANTS
HEREIN CONTAINED, IT IS HEREBY AGREED between the Parties as follows:
1. The following documents shall be deemed to form an integral part of this Contract:
a. General Conditions of Contract
b. Terms of Reference
c. The following Appendices:
i. Description of Services/ Scope of Work
ii. Reporting Requirements
iii. Total Bid Value
iv. Duties of JPNICS
v. Format for Performance Bank Guarantee
d. Operators Proposal dated __________read with agreed Minutes dated _______
e. Letter of Award dated ____________ issued by JPNICS
f. JV/ Consortium Agreement (if any)
2. The mutual rights and obligations of JPNICS and the Operator shall be as set forth in the
Contract, in particular:
a. The SCOPE OF WORK will be as per Terms of Reference of Section 5.
b. The activities and the deliverables against each activity would be as per Section 5

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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:

Annual Assured Minimum Amount


Guarantee (AMG) (in INR)
Annual Assured Minimum Guarantee

OR

The operator & the JPNICS will share revenues in the following ratio:

Particulars Revenue Sharing (in %)


JPNIC Societys Operators Share
Share
Total Revenue Earned Rentals 18% 82%

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 ______________________

1. For and on behalf of [JPNICS]


(i) [Authorized Representative]

(ii) 2. for and on behalf of


[Operator]
[Authorized Representative]

In presence of (Witnesses)
(i)

(ii)

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6.2 General Conditions of Contract


General Provisions
6.2.1 Definitions:
Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:

a) LDA meansLucknow Development Authority, Lucknow


b) JPNIC means Jai Prakash Narain International Centre
c) Applicable Law means the laws and any other instruments having the force of law
in India.
d) JPNIC Society (JPNICS) means a Society registered under the Societies
Registration Act, 1860 constituted to monitor the overall management & functioning
of JPNIC and the selected Operator.
e) Client means JPNICS with which the selected Operator signs the contract for the
services.
f) Operator means any entity or person selected to providethe Services to JPNICS
under the Contract.
g) Contract means the Contract signed by the Parties and all the Contract documents
listed in its Clause 1 of the Contract.
h) Data Sheet means such part of the RFP used to reflect assignment conditions.
i) Day means calendar day.
j) Effective Date means the date on which this Contract comes into force.
k) GCCmeans these General Conditions of Contract.
l) Government means the Government of Uttar Pradesh
m) Indian Currency means Indian Rupees (INR).
n) Instructions to Bidders (Section 2 of the RFP) means the document which provides
Bidders with all information needed to prepare their Proposals.
o) In writing means communicated in written form.
p) Liquidated Damages herein- may be specified as LD.
q) Local Currency means Indian Rupees (INR).
r) LOA means the Letter of Award issued by JPNICS conveying its acceptance of the
proposal of the successful bidder.
s) Party means JPNICS or the Operator, as the case may be, and Parties means
both of them.
t) Personnel means professionals and support staff provided by the Operator and
assigned to perform the services or any part thereof.
u) Proposal includes both the Technical Proposal and the Financial Proposal.
v) RFP means the Request for Proposal prepared by JPNICS for the selection of
Operator.
w) Services means the work to be performed by the Operator pursuant to the Contract.
x) Third Party means any person or entity other thanJPNICS, or the Operator.

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6.2.2 Relationship between the Parties


Nothing contained herein shall be construed as establishing a relationship of master and
servant or of principal and agent as between JPNICS and the Operator. The Operator, subject
to this Contract, has complete charge of Personnel, performing the Services and shall be fully
responsible for the Services performed by them on his behalf including salary to its
employees.

6.2.3 Law Governing Contract


This Contract, its meaning and interpretation, and the relation between the Parties shall be
governed by the applicable laws of India.

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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6.2.8 Taxes and Duties


The Operator shall be liable to pay all direct and indirect taxes, duties, fees and other
impositions levied under the laws of India, applicable at the time of submission of the
Proposal.

6.2.9 Fraud and Corruption


Definitions: It isJPNICSS policy to require that JPNICS as well as the Operator observes the
highest standard of ethics during the execution of the Contract. For the purpose of this
provision, the terms are set forth as follows:
a) corrupt practice means the offering, receiving, or soliciting, directly or indirectly, of
anything of value (whether in cash or kind) to influence the action of a public official
in the selection process or in execution of this Contract;
b) fraudulent practice means a misrepresentation or omission of facts in order to
influence the selection process or the execution of this Contract;
c) collusive practices means a scheme or arrangement between two or more
Companies, with or without the knowledge of JPNICS, designed to establish prices at
artificial, noncompetitive levels;
d) coercive practices means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in a procurement process, or
affect the execution of this Contract.

Measures to be taken by JPNICS


e) JPNICS may terminate the Contract if it comes to know at any point of time that
representatives of the Operator were engaged in corrupt, fraudulent, collusive or
coercive practices during the selection process or the execution of the Contract,
without the Bidder having taken timely and appropriate action to remedy the situation
after receipt of Notice in this regard to the satisfaction of JPNICS.
f) JPNICS after issue of Show Cause Notice to the Operator may declare the Operator
ineligible for award of this Contract, if it at any point of time comes to know that the
Operator has, directly or through an agent, engaged in corrupt, fraudulent, collusive or
coercive practices in competing for, or in executing, any JPNICS -financed activity.

6.2.10 Commencement, Completion &Modification of Contract

a) Effectiveness of Contract: This Contract shall come into force on


__________________.
b) Unless otherwise terminated under the provisions of any other relevant clauses, this
contract shall be deemed to have been expired on completion of its terms on
________________.
c) Entire Agreement: This Contract contains all covenants, stipulations and provisions
agreed by the Parties. No agent or representative of either Party has authority to make,
and the Parties shall not be bound by or be liable for, any other statement,
representation, promise or agreement not set forth herein.

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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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A Party affected by an event of Force Majeure shall notify the other


Party of such event as soon as possible, and in any case not later than
fourteen (14) days following the occurrence of such event, providing
sufficient and satisfactory evidence of the nature and cause of such
event, and shall similarly give written notice of the restoration of
normal conditions as soon as possible.
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.
During the period of their inability to perform the Services as a result
of an event of Force Majeure, the Operator, upon instructions
byJPNICS, shall either: (i) Demobilize or (ii) continue with the
Services to the extent possible.
In the case of disagreement between the Parties as to the existence or
extent of Force Majeure, the matter shall be settled according to Clause
6.2.18 hereunder.
f) Suspension
JPNICS may, by written notice of suspension to the Operator, suspend all revenues
earned by the Operator hereunder if the Operator fails to perform any of its
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
allow the Operator to remedy such failure, if capable of being remedied, within a
period not exceeding thirty (30) days after receipt by the Operator of such notice of
suspension.

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.

Cessation of Rights and Obligations: Upon termination of this Contract pursuant to


Clauses 6.2.10(g) hereof, or upon expiration of this Contract, all rights and obligations
of the Parties hereunder shall cease, except (i) such rights and obligations as may have
accrued on the date of termination or expiration, (ii) the obligation of confidentiality
set forth in Clause 6.2.11(d) hereof, (iii) the obligation to pay Damages or Liquidated
Damages, permit inspection, copying and auditing of their accounts and records as set
forth in Clause 6.2.11(f) hereof, and (iv) any right which a Party may have under the
Law.

Cessation of Services: Upon termination of this Contract by notice of either Party to


the other pursuant to Clauses 6.2.10(g) hereof, the Operator shall, immediately upon
dispatch or receipt of such notice, take all necessary steps to bring the Services to a
close and vacate the JPNIC premises in a prompt and orderly manner. With respect to
documents prepared by the Operator and equipment and materials furnished by
JPNICS, the Operator shall proceed as provided, respectively.

h) Payment upon Termination: Upon termination of this Contract pursuant to Clause


6.2.10(g) hereof, JPNICS shall make the following payments to the Operator:

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i. If the agreement is terminated pursuant of Clause 6.2.10(g) (i) to (vi), the


Operator shall not be entitled to receive any agreed revenues upon termination
of the Contract. However, JPNICS may consider giving part revenues for the
part satisfactorily performed on the basis of Quantum Merit as assessed by it,
if such part is of economic utility toJPNICS. Under such circumstances, upon
termination, JPNICS may also impose liquidated damages as per the
provisions of Clause 6.2.19 hereof. The Operator will be required to pay any
such liquidated damages and compensation as permissible under Contract Act
to JPNICS within Thirty (30) days of termination date.
ii. In the event of termination under 6.2.10(g) (vii & viii), the payment schedule
as specified in this contract shall not apply and the costs of services delivered
by Operator and the cost of demobilization of Operator teams will be decided
and paid by JPNICS to the Operator.

Disputes about Events of Termination: If either Party disputes whether an event


specified in paragraphs (i) through (viii) of Clause 6.2.10(g) or in paras (ix) through
(xii) in Clause 6.2.10(g) hereof has occurred, such Party may, if it chosen within
forty-five (45) days after receipt of notice of termination from the other Party, may
seek settlement under Clause 6.2.18 hereof.

6.2.11 Obligations of the Operator

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.

6.2.12 Operators Personnel


The Operator shall employ and provide at its own cost such qualified and experienced
Personnel as are required to carry out the Services. Their salaries, claims, insurance,
damages, compensation, travel etc. will be the liability of the Operator and JPNICS will in no
way be responsible for any such claims/damages.

6.2.13 Obligations of JPNICS


a) Assistance and Exemptions: Unless otherwise specified, JPNICS shall use its best
efforts to provide to the operator and its personnel such assistance to facilitate
performance of the Contract as may be considered necessary.
b) Change in the Applicable Law Related to Taxes and Duties: If, after the date of this
Contract, there is any change of rate of levy under the existing applicable Laws of
India with respect to taxes and duties, which are directly payable by the operator for
providing the services i.e. service tax or any such other applicable tax from time to
time, which increase or decreases the cost incurred by the Operator in performing the
Services, then the remuneration and reimbursable expense otherwise payable to the
Operator under this Contract shall be increased or decreased accordingly between the
Parties hereto, and corresponding adjustments shall be made to the ceiling amounts
specified in Clause 6.2.14(a). However, in case of any new or fresh tax or levy
imposed after submission of the Proposal the Operator shall be entitled to
reimbursement on submission of proof of payment of such Tax or Levy.
c) The other duties ofJPNICS, if any, shall be as mutually agreed between JPNICS and
the Operator.
6.2.14 Payments to the Operator
a) Currency of Payment: All payments shall be made in Indian Rupees (INR).

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6.2.15 Payments to the JPNICS


a) The operator will share the revenues with the JPNICS a per the agreed revenue
sharing model on topline basis.
b) The operator will make payments to the JPNICS on monthly basis.
c) All the monthly payments must be made within 45 days of the end of a particular
month in Indian rupees to JPNICS.
d) The operator will pay to JPNIC Society, the proportionate monthly amount of AMG
as quoted by him. 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.

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.

6.2.17 Fairness and Good Faith


a) Good Faith: The Parties undertake to act in good faith with respect to each others
rights under this Contract and to adopt all reasonable measures to ensure the
realization of the objectives of this Contract.
b) Operation of the Contract: The Parties recognize that it may not be possible to
provide for every contingency which may arise during the life of the Contract, and the
Parties hereby agree that it is their intention that this Contract shall operate fairly as
between them, and without detriment to the interest of either of them, and that, if
during the term of this Contract either Party believes that this Contract is operating
unfairly, the Parties will make their best efforts to agree on such action as may be
necessary to remove the cause or causes of such non-fairness, but no failure to agree
on any action pursuant to this Clause may give rise to a dispute subject to Arbitration
in accordance with Clause 6.2.18 hereof.

6.2.18 Settlement of Disputes


a) Amicable Settlement: Performance of the Contract is governed by the terms &
conditions of the Contract, in case of dispute arises between the Parties regarding any
matter under the Contract, either Party of the Contract may send a written Notice of
Dispute to the other Party. The Party receiving the Notice of Dispute will consider the
Notice and respond to it in writing within Thirty (30) days after receipt. If that Party
fails to respond within Thirty (30) days, or the dispute cannot be amicably settled
within Sixty (60) days following the response of that Party, clause 6.2.18(b) shall
become applicable.

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b) Arbitration: In the case of dispute arising upon or in relation to or in connection with


the Contract between JPNICS and the Operator, which has not been settled amicably,
any Party can refer the dispute for Arbitration under (Indian) Arbitration and
Conciliation Act, 1996. Such disputes shall be referred to an Arbitral Tribunal
consisting of 3 (three) arbitrators, one each to be appointed by JPNICS and the
Operator, the third arbitrator shall be chosen by the two arbitrators so appointed by
the Parties which shall act as Presiding Arbitrator. In case of failure of the two
arbitrators, appointed by the Parties to reach a consensus regarding the appointment of
the third arbitrator within a period of Thirty (30) days from the date of appointment of
the two arbitrators, the Presiding arbitrator shall be appointed by the Vice Chairman,
Lucknow Development Authority, Lucknow. The Arbitration and Conciliation Act,
1996 and any statutory modification or re-enactment thereof, shall apply to these
Arbitration proceedings.
c) Arbitration proceedings shall be held in India at Lucknow and the language of the
Arbitration proceedings and that of all documents and communications between the
Parties shall be English.
d) The decision of the majority of arbitrators shall be final and binding upon both
Parties. The expenses of the arbitrators as determined by the arbitrators shall be
shared equally by JPNICS and the Operator. However, the expenses incurred by each
Party in connection with the preparation, presentation shall be borne by the Party
itself. All Arbitration awards shall be in writing and shall state the reasons for the
award.
e) Notwithstanding any references to arbitration, the parties shall continue to perform
their respective work/ obligation under the Contract.

6.2.19 Penalty Charges on Late Payment


It is hereby agreed that if the operator fails to make monthly revenue sharing payment
to JPNIC Society within 45 days of the end of a particular month then; the operator
will be liable for a penalty payment @flat 0.75% fortnightly calculated on the
proportionate monthly amount of Assured Minimum Guarantee (AMG) quoted by the
operator.

6.2.20 Performance Security


a) For the due performance in accordance with the terms and conditions specified in the
Letter of Award (LOA) the Operator shall before signing the Contract which shall not
be later than 30 (thirty) days of the issue of the Letter of Award, furnish to JPNICS a
performance security in the form of an irrevocable and unconditional Bank Guarantee
for an amount of Rs. 2,50,00,000/- for implementation of the project. This
performance guarantee may be discharged after successful completion of the whole
Project.
b) The Bank Guarantee shall be in favour of JPNIC Society, issued by the State Bank of
India or any Nationalized or scheduled Indian Bank, approved by the Reserve Bank of

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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.

6.2.23 Contract Value


a) The Contract Value is the lump sum revenue to be paid by the operator to the JPNICS
as agreed upon.
b) Contract value will remain fixed for the entire Contract period, except changes in the
Tax Laws.

6.2.24 Payment Terms/ Revenue Sharing


The lease contract is for 15 years and payments will be made/ revenues shall be
shared on monthly basis between the operator and the JPNIC Society after successful
provision of services in each month within a maximum of 45 days after the end of
each successful month of operation. The operator will pay to JPNIC Society, the
proportionate monthly amount of AMG as quoted by him. The final settlement of

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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.

6.2.25 Transfer of Contract


a) Operator shall not assign or transfer the contract or any part thereof without prior
written consent of JPNICS.
b) Operator shall act as an independent entity fully performing responsible for all
services under the contract. It shall maintain complete control over its employees,
who shall in no case, represent JPNICS or act in its name, without its prior written
approval.

6.2.26 Miscellaneous Provisions


a) Any failure or delay on the part of any Party to exercise right or power under this
Contract shall not operate as waiver thereof.
b) The Operator shall notify JPNICS of any material change in its status as legal entity,
in particular, where such change or winding up proceeding which would impact on
performance of obligations under this Contract.
c) The Operator shall at all times indemnify and keep indemnified JPNICS
/Government of Uttar Pradesh against all claims/damages etc. for any infringement
of any Intellectual Property Rights (IPR) while providing its services under the
Contract.
d) The Operator shall at all times indemnify and keep indemnified JPNICS
/LDAagainst any claims in respect of any damages or compensation payable in
consequences of any accident or injury sustained or suffered by its (the Operators)
employees or agents or caused by any action, omission or operation conducted by or
on behalf of the Operator.
e) The Operator shall at all times indemnify and keep indemnified JPNICS/LDAagainst
any and all claims by Employees, Workman, Companies, suppliers, agent(s),
employed engaged or otherwise working for the Operator, in respect of their wages,
salaries, remuneration, compensation or the like.
f) All claims regarding indemnity shall survive the termination or expiry of the
Contract.
g) It is acknowledged and agreed by all Parties that there is no representation of any
type, implied or otherwise, of any absorption, regularization, continued engagement
or concession or preference for employment of persons engaged by the Operator for
any subsequent engagement, service or employment in any capacity in any office or
establishment of the Government of Uttar Pradesh or JPNICS.

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