SELECTION OF

TECHNICAL CONSULTANT FOR DEVELOPMENT OF

TOURISM PROJECTS IN JAMMU AND KASHMIR

REQUEST FOR PROPOSAL

DOCUMENT
E-tendering
(Quality and Cost Based Selection)

Government of Jammu & Kashmir

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 Department of Tourism , J&K
Civil Secretariat, Jammu
Department of Tourism, Jammu and Kashmir invites Expression of Interest
(EOI) from Consultancy firms for appointing Project Support Consultants (PSC) for
three (3) years with one (1) year extension on mutual consent, for undertaking
various tourism related assignments including Concept & Pre-Feasibility report,
preparation of Detailed Project Reports with Drawings & Designs, Tender documents,
Architectural Working & Structural Drawings and supervision during execution or any
other assignment which the department deems necessary for the smooth
implementation/ execution of project. The proposed project components and reports
should comply with the guidelines issued by Ministry of Tourism, Government of India
and other concerned agencies.

The hard copy of EoI should be accompanied by DD of Rs. 5,000.- ( Five thousands
only) as a cost of the tender document and D.D of Rs. 20,00,000/- as EMD drawn
from Jammu and Kashmir Bank or any nationalized bank, favoring Director Finance,
Department of Tourism, Jammu and Kashmir payable at Jammu. The proposal should
be submitted as Annexure-1 (Technical Bid) Annexure -2 (Financial Bid) and Annexure
-3 (EMD and Tender Document Fee) each of them sealed in separate envelopes with
Bold Titles and together enclosed in sealed envelopes duly superscripted
“Appointment of Project Support Consultants (PSC) for under taking various tourism
related assignments under PMDP, CSS and other State/Central Sector Schemes.
S. No Event Description Date

1. Issue of (Request for Proposal)RFP 22-11-2019

2. Last date of receiving queries 27-11-2019

3. J&K Govt. response to queries 01-12-2019

4. Proposal due date for receiving tenders 21-12-2019

5. Opening of tenders 24-12-2019

For further details Please contact the Director (P&S) Department of Tourism,
Government of Jammu & Kashmir on Contact No: 9419014212, 0191-2566623 or
e-mail at tourismplg@gmail.com
No: Tsm/Plan-sts/11/2019 Director (P&S)
Dated: .11.2019 Department of Tourism, J&K

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 Disclaimer:
The information contained in this Request for Proposal document (“RFP”) or
subsequently provided to Applicants, whether verbally or in documentary or any other form
by or on behalf of the Department or any of its employees or advisers, is provided to
Applicants on the terms and conditions set out in this RFP and such other terms and
conditions subject to which such information is provided.
This RFP is not an agreement or an offer by the Department to the prospective
Applicants or any other person. The purpose of this RFP is to provide interested parties with
information that may be useful to them in the formulation of their Proposals pursuant to this
RFP. This RFP includes statements, which reflect various assumptions and assessments
arrived at by the Department in relation to the Consultancy. Such assumptions,
assessments and statements do not purport to contain all the information that each
Applicant may require. This RFP may not be appropriate for all persons, and it is not
possible for the Department, its employees or advisers to consider the objectives,
technical expertise and particular needs of each party who reads or uses this RFP. The
assumptions, assessments, statements and information contained in this RFP, may not be
complete, accurate, adequate or correct. Each Applicant should, therefore, conduct its
own investigations and analysis and should check the accuracy, adequacy,
correctness, reliability and completeness of the assumptions, assessments and
information contained in this RFP and obtain independent advice from appropriate
sources.
Information provided in this RFP to the Applicants may be on a wide range of matters,
some of which may depend upon interpretation of law. The information given is not intended
to be an exhaustive account of statutory requirements and should not be regarded as a
complete or authoritative statement of law. The Department accepts no responsibility for the
accuracy or otherwise for any interpretation or opinion on the law expressed herein.
The Department, its employees and advisers make no representation or warranty and
shall have no liability to any person including any Applicant under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,
damages, cost or expense which may arise from or be incurred or suffered on account of
anything contained in this RFP or otherwise, including the accuracy, adequacy,
correctness, reliability or completeness of the RFP and any assessment, assumption,
statement or information contained therein or deemed to form part of this RFP or arising in
any way in this Selection Process.

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 The Department also accepts no liability of any nature whether resulting from
negligence or otherwise however caused arising from reliance of any Applicant upon the
statements contained in this RFP.
The Department may in its absolute discretion, but without being under any obligation
to do so, update, amend or supplement the information, assessment or assumption
contained in this RFP.
The issue of this RFP does not imply that the Department is bound to select an
Applicant or to appoint the Selected Applicant, as the case may be, for the Consultancy and
the Department reserves the right to reject all or any of the Proposals without assigning any
reasons whatsoever.
The Applicant shall bear all its costs associated with or relating to the preparation
and submission of its Proposal including but not limited to preparation, copying, postage,
delivery fees, expenses associated with any demonstrations or presentations which may be
required by the Department or any other costs incurred in connection with or relating to its
Proposal. All such costs and expenses will remain with the Applicant and the Department
shall not be liable in any manner whatsoever for the same or for any other costs or other
expenses incurred by an Applicant in preparation or submission of the Proposal,
regardless of the conduct or outcome of the Selection Process.
INTRODUCTION
1.1 Background
1.1.1 The Ministry of Tourism, Government of India (MOT, GOI) has launched various
tourism development schemes with a vision to develop theme-based/circuit
based tourism on the principles of high tourist value, competitiveness and
sustainability in an integrated manner by synergizing efforts to focus on needs
and concerns of all stakeholders to enrich tourist experience and enhance
employment opportunities.
Jammu and Kashmir government intends to prepare projects in all the three
regions of the state and covering various tourism themes and products. These
could include but not limited to Himalayan, Adventure, Heritage and Eco-tourism,
Pilgrimage, etc.

On behalf of the government of Jammu & Kashmir, The Jammu and Kashmir
Tourism Department, herein after called “Department” invites applications now
from Consultancy firms for appointing Project Support Consultants (PSC) for
three (3) years with one (1) year extension on mutual consent, for
undertaking various tourism related assignments including Concept & Pre-
Feasibility report, preparation of Detailed Project Reports with Drawings &
Designs, Tender documents, Architectural Working & Structural Drawings and
supervision during execution or any other assignment which the department
deems necessary for the smooth implementation/ execution of project. The
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 proposed project components and reports should comply with the guidelines
issued by Ministry of Tourism, Government of India and other concerned
agencies.
1.1.2 In pursuance of the above, the Department has decided to carry out the process for
selection of a Technical Consultant in accordance with the Terms of Reference
specified at Schedule-1 (the “TOR”).
1.2 Requests for Proposal
i) The Department invites proposals from interested firms (the “Proposals”) for
selection of a Technical Consultant (the “Consultant”) who shall assist the
Department as per the scope of work specified in the TOR (collectively the
“Consultancy”). The Department intends to select the Consultant through an
open competitive bidding in accordance with the procedure set out herein.
The consultant would require consortium/ joint venture with a local
consultancy firm with existence years of min. 3 years in J&K as good
practice for capacity building and to ensure continuous supervision
during the entire implementation phase

ii) The consortium may take the form of a Joint Venture (JV) or a sub
consultancy. In case of a JV, all members of the JV shall sign the
Contract and shall be jointly and severally liable for the entire
assignment. After the short list is finalized and the Request of Proposal
(RFP) is issued, any association in the form of a JV or sub consultancy
among the short-listed firm shall be permissible in accordance with
provisions stated in the RFP. Under such circumstance, one of the
shortlisted consultants/service providers must become the lead member
of the consortium.
iii) A firm shall submit only one proposal, either individually or as a JV partner in
another proposal. If a firm, including a JV partner, submits or participates in
more than one proposal, all such proposals shall be disqualified. This does not;
however preclude a firm from participating as a sub-consultant or an individual
consultant to participate as a team member in more than one proposal when
circumstances justify but if permitted by the RFP document.
The members of the Consortium are limited to 2.
1.3 Due diligence by Applicants
Applicants are encouraged to inform themselves fully about the assignment before
submitting the Proposal and attending a Pre-Proposal Conference on the date and
time specified in Clause 1.10.
1.4 Sale of RFP Document
RFP document can be obtained between 1000 HRS and 1700 HRS on all
working days from the office of the Director (P) as mentioned in Section 1.9
below. The Bidders shall submit an amount of INR 20,00,000 (Rupees Twenty
lakh only) as EMD (Demand Draft) in favour of Director finance, Jammu &
Kashmir, Tourism Department payable at Srinagar/Jammu as a part of bid
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 submission in the form of Demand Draft .
1.5 Validity of the Proposal
The Proposal shall be valid for a period of not less than 90 days from the
Proposal Due Date (the “PDD”).

1.6 Brief description of the Selection Process

The Department has adopted a two-stage selection process (collectively the
“Selection Process”) in evaluating the Proposals comprising technical and financial
bids to be submitted. In the first stage, a technical evaluation will be carried out as
specified in Clause 3.1. Based on this technical evaluation, a list of short-listed
applicants shall be prepared as specified in Clause 3.2. In the second stage, a
financial evaluation will be carried out as specified in Clause 3.3. Proposals will
finally be ranked according to their combined technical and financial scores as
specified in Clause 3.4. The first ranked Applicant (the “Selected Applicant”) shall
be called for negotiation, if necessary, while the second ranked Applicant will be
kept in reserve.
1.7 Payment to Consultants
1.7.1 All payments to the Consultant shall be made in INR in accordance with the
provisions of this RFP. The Consultant may convert INR into any foreign currency
as per Applicable Laws and the exchange rate risk, if any, shall be borne by the
Consultant. The fee shall be quoted in INR only.
1.8 Schedule of Selection Process
The Department would Endeavour to adhere to the following schedule:
Event Description Date

1. Last date for receiving queries / clarifications 27-11-2019

2. Department response to queries 01-12-2019
3. Proposal Due Date or PDD 21-12-2019
4. Opening of Proposals 24-12-2019
5. Letter of Award (LOA)
6. Signing of Agreement To be notified
7. Validity of Applications

1.9 Pre-Bid visit

Prospective applicants may visit the office of the Director(P) to review the available
documents and data at any time prior to PDD. The contact person for this purpose
shall be: Address: Director (Planning) J&K Tourism Department, Civil Secretariat,

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 Srinagar/Jammu.

1. E-Mail Address: - tourismplg@gmail.com Mobile No: 9419104212

2. E-Mail Address:- jksecytourism.gov.in

1.10 Pre-Bid Conference

The date, time and venue of Pre-Bid Conference shall be:

Date: **

Time: **

Venue: Civil Secretariat, Jammu/Srinagar.

1.11 Communications

1.11.1 All communications including the submission of Proposal should be addressed to the
nodal officer mentioned in section 1.9.
1.11.2 All communications, including the envelopes, should contain the following
information, to be marked at the top in bold letters:
REQUEST FOR PROPOSAL (RFP) FOR SELECTION OF TECHNICAL CONSULTANT
FOR DEVELOPMENT OF TOURISM PROJECTS
2. INSTRUCTIONS TO APPLICANTS

A. GENERAL
2.1 Scope of Proposal
2.1.1 Detailed description of the objectives, scope of services, Deliverables and other
requirements relating to this Consultancy are specified in this RFP.
2.1.2 Applicants are advised that the selection of Consultant shall be on the basis
of an evaluation by the Department through the Selection Process specified in this
RFP. Applicants shall be deemed to have understood and agreed that no
explanation or justification for any aspect of the Selection Process will be given
and that the Department’s decisions are without any right of appeal whatsoever.
2.1.3 The Applicant shall submit its Proposal in the form and manner specified in this
Section of the RFP. The Technical proposal shall be submitted in the form at
Appendix-I and the Financial Proposal shall be submitted in the form at Appendix-II.
2.1.4 Key Personnel
The Consultant’s team (the “Consultancy Team”) shall consist of the following
key personnel (the “Key Personnel”) who shall discharge their respective
responsibilities as specified below:

Man
SN Key Personnel
Months
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 Man
SN Key Personnel
Months
Key Experts (Core Team for Project Management) (CVs of only Core Team
will be evaluated at the time of Technical Evaluation)
1 Team Leader cum Project Management Specialist 36
2 Deputy Team Leader cum Program Manager 36
3 Infrastructure Specialist 36
4 Procurement / Contract Specialist 24
5 MIS, IT & e-Governance Expert 36
6 Urban Designer 24
7 Heritage Management Expert 24
8 Eco-Tourism Expert 24
9 Adventure Tourism Expert 24
10 Community Development Specialist 24
Project Design & Development Team
11 Urban Planner 24
12 Civil Engineer 24
13 Landscape Architect 12
14 Electrical Engineer 12
15 Environment/solid waste Management Expert 12
16 Structural Engineer 24
17 IT Expert 24
18 GIS & Remote Sensing Expert 12
19 Financial Management Specialist (CA) 12
20 PPP Expert 24
Support Staff for Project Implementation and Supervision
21 Construction Manager (4) 96
22 Urban Planner (4) 96
23 Sr.Architect(4) 96
24 Engineering Associate (6) 144
25 Marketing & Promotion Specialist (2 No.) 18
Office Staff
26 Office Manager 36
27 Office Assistant 36
28 CAD Operator 36
29 Accountant/cashier 36
30 Watch/ward Boy (2) 36
31 Office Boy(2) 36
2.2 Conditions of Eligibility of Applicants
2.2.1 Applicants must read carefully the minimum conditions of eligibility (the
“Conditions of Eligibility”) provided herein. Proposals of only those Applicants who
satisfy the Conditions of Eligibility will be considered for evaluation.
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2.2.2 To be eligible for evaluation of its Proposal, the Applicant shall fulfil the following:
(A) Technical Capacity: The Applicant shall have, over the past 7 (seven)
years preceding the PDD, completed a minimum of 3 (three) Eligible
Assignments as specified in Clause 3.1.4. In case of consortium the lead
member should fulfill the above criteria
(B) Financial Capacity: The Applicant shall have minimum of Rs.50 Crore
(Average) as turnover from consultancy during each of the three financial
years preceding the PDD.
In case of consortium the lead member should fulfill the above criteria
(C) Availability of Key Personnel: The Applicant shall offer and make
available all Key Personnel meeting the requirements specified in Sub-
clause (D) below.
(D) Conditions of Eligibility for Key Personnel: Each of the Key Personnel
must fulfill the Conditions of Eligibility specified below:

Min.
SN Key Personnel Educational Qualification Experience
(year)
Key Experts (Core Team for Project Management)
B.E. in Civil Engineering with 15 Years’
experience in Urban Infrastructure Sector
Team Leader or Master in Urban Sector with 12 Years
cum Project of experience in Urban Infrastructure
Management Sector. At least have experience as Team 15
1 Specialist Leader of one urban sector or of Tourism
(CV to be sector flagship program of GoI.
evaluated) Experience of Project Management/
Construction Management in
infrastructure projects.
Graduate with min, with 12 years of total
Deputy Team experience. Out of 12 years, at least 6
Leader/ years of exclusive experience of Project
2 12
Program Management. Certification of ITIL or PMP
Manager is must. Knowledge of latest Project
Management IT Tools is also desirable.
Master’s in Civil Engineering or equivalent
stream of civil engineering (any of the
Infrastructure
infrastructure components). 10 years of
Specialist 10
3 total experience with 6 years exclusive in
(CV to be
Urban /Tourism Sector as Consultant.
evaluated)
Knowledge of urban development &
tourism issues and project experience.
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 Degree in Engineering / law/
Procurement /
Management/Business Administration. 10
Contract
years’ experience in the area of public 10
Specialist
4 procurement. Experience in contract
(CV to be
procurement / management in
evaluated)
infrastructure projects
5 • Bachelor of Engineering (Computer
Science) + PMP or ITIL Certified.

• 10 years’ relevant experience

• Experience in working with the IT project of
GoI/State Government or similar institution is
desired.
MIS, IT and e- • Must have experience of handling MIS of
10
Gov. expert one flagship program of Urban sector/
Tourism Sector.
• Experience in preparation of technical
document for the e-Services and solution to
implementing the IT related infrastructure
services /e-services, networking
infrastructure etc.

6 Urban Designer Masters in Urban Design/Architecture or

(CV to be equivalent. 10 years’ experience in Urban
evaluated) Designing /place making etc. Experience 10
in Tourism planning, Local area planning,
preparing Development
Control Regulations etc.
7 Heritage
Masters in Architecture with Architectural
Management 10
conservation as specialization with 10
Expert (CV to
years of experience.
be evaluated)
8 Eco-Tourism
Post Graduate Degree in Tourism and 10 10
Planner (CV to
years relevant experience in Eco Tourism
be evaluated)
9 Adventure
Post Graduate Degree in Tourism and 10
Tourism expert 10
years relevant experience in Adventure
(CV to be
Tourism
evaluated )
10 Community Master in Social sciences with minimum
10
Development 10 years of relevant experience
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 Specialist
Project Design & Development Team
Post Graduate in Urban Planning with
11 Urban Planner minimum 3 years’ experience in urban 3
planning/ tourism related projects.
PG in civil engineering with 3 years of
experience/Graduate in Civil engineering
12 Civil Engineer 3 or 7
with minimum 7 years of experience in
preparation of Detailed Project Reports.
Masters in Landscape Architecture with 3
years of Experience/ Bachelors in
Landscape Architecture with minimum 7 years of 7
13
Architect experience and he/she should have
experience in working in Himalayan
region/state.
Graduate in Electrical engineering with
Electrical 7
14 minimum 7 years of experience in
Engineer
preparation of Detailed Project Reports.
Solid Waste/
Environment Post Graduate in Environmental
Management Engineering/Science and related fields 3
15
Expert (CV to with minimum 3 years of experience
be evaluated)

Masters in Structural Engineering. 7 years

Structural related experience in designing urban
16 Engineer (CV to facilities. Should have the experience in 7
be evaluated) structural design of
Infrastructure projects.
B.E (IT or Computers) with Min. 10 years 10
17 IT Expert
of experience of IT Projects.
PG Degree in Geography or Urban
Planning/ Architecture with Diploma/
Certificate in GIS. At least 3 years of
GIS & Remote experience in working on similar projects
Sensing Expert (i.e. use of remote sensing & GIS 3
18
(CV to be technology in urban/rural sector projects).
evaluated) Knowledge of major GIS software
products, GPS, total station, coordinate
reference systems, satellite remote
sensing technology and GIS applications.
PPP Expert (CV Degree in Civil/ Mechanical Engineering.
19 7
to be evaluated) 10 years‟ experience in utility services.
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 Chartered Accountant/Cost Accountant
(ICWA) with minimum 3 years of relevant
experience.
Financial
Or
Management
Master’s Degree in
20 Specialist (CA) 3 or 7
Finance/Economics/Commerce with
(CV to be
specialization in Public Finance and 7
evaluated)
years of relevant experience.
Experience in financial modelling and
Urban Infrastructure and PPP.

Office/Support
21 As per requirement
Staff

Support Staff for Project Implementation and Supervision

Construction Graduate in Civil Engineering. 7 years‟
22 Manager (4 experience in construction management of 7
No.) Urban Service delivery projects
Urban Planner Post Graduate in Urban Planning with 3 3
23
(4) years of experience.
Graduate in Architecture with minimum 3 3
24 Sr. Architect (4)
years’ experience
Engineering Graduate in Civil Engineering with 3
25
Associate (6) minimum 3 years of Experience
Marketing &
MBA in Marketing/Advertising or Masters 3
26 promotional
in Mass com. with 3 years of experience
Expert (2)
2.2.3 The Applicant shall enclose with its Proposal, audited balanced sheet stating its
total revenues from professional fees during each of the past three financial
years and the fee received in respect of each of the Eligible Assignments
specified in the Proposal. In the event that the Applicant does not have a statutory
auditor, it shall provide the requisite certificate(s) from the firm of Chartered
Accountants that ordinarily audits the annual accounts of the Applicant.
2.2.4 The Applicant should submit a Power of Attorney as per the format at Form - 4 of
Appendix- I.
2.2.5 While submitting a Proposal, the Applicant should attach clearly marked and
referenced continuation sheets in the event that the space provided in the specified
forms in the Appendices is insufficient. Alternatively, Applicants may format the
specified forms making due provision for in Department of the requested information.

2.3 NA

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2.4 Number of Proposals
No Applicant shall submit more than one Application for the Consultancy. An Applicant
applying shall not be entitled to submit another application either individually or as a
member of any consortium, as the case may be.
2.5 Cost of Proposal
The Applicants shall be responsible for all of the costs associated with the
preparation of their Proposals and their participation in the Selection Process
including subsequent negotiation, visits to the Department, Project site etc. The
Department will not be responsible or in any way liable for such costs, regardless of
the conduct or outcome of the Selection Process.
2.6 Visit to the Department and verification of information
Applicants are encouraged to submit their respective Proposals after visiting the
office of the Department and ascertaining for themselves the availability of
documents and other data with the Department, Applicable Laws and regulations or
any other matter considered relevant by them.
2.7 Acknowledgement by Applicant

2.7.1 It shall be deemed that by submitting the Proposal, the Applicant has:

(a) made a complete and careful examination of the RFP;

(b) received all relevant information requested from the Department;

(c) accepted the risk of inadequacy, error or mistake in the information

provided in the RFP or furnished by or on behalf of the Department or
relating to any of the matters referred to in Clause 2.6 above;

(d) satisfied itself about all matters, things and information, including matters
referred to in Clause 2.6 herein above, necessary and required for
submitting an informed Application and performance of all of its obligations
thereunder;

(e) Agreed to be bound by the undertaking provided by it under and in terms

hereof.

2.7.2 The Department shall not be liable for any omission, mistake or error in
respect of any of the above or on account of any matter or thing arising out of or
concerning or relating to RFP or the Selection Process, including any error or
mistake therein or in any information or data given by the Department.
2.8 Right to reject any or all Proposals
2.8.1 Notwithstanding anything contained in this RFP, the Department reserves the right
to accept or reject any Proposal and to annul the Selection Process and reject
all Proposals, at any time without any liability or any obligation for such acceptance,

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 rejection or annulment, and without assigning any reasons thereof.

2.8.2 Without prejudice to the generality of Clause 2.8.1, the Department reserves the
right to reject any Proposal if:

(a) At any time, a material misrepresentation is made or discovered, or

(b) The Applicant does not provide, within the time specified by the
Department, the supplemental information sought by the Department for
evaluation of the Proposal.

Misrepresentation/ improper response by the Applicant may lead to the

disqualification of the Applicant. If such disqualification / rejection occurs after the
Proposals have been opened and the highest ranking Applicant gets disqualified /
rejected, then the Department reserves the right to consider the next best Applicant,
or take any other measure as may be deemed fit in the sole discretion of the
Department, including annulment of the Selection Process.

B. DOCUMENTS

2.9 Contents of the RFP

2.9.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed
below and will additionally include any Addendum / Amendment issued in
accordance with Clause 2.11:

Request for Proposal

1 Introduction
2 Instructions to Applicants
3 Criteria for Evaluation
4 Fraud and corrupt practices
5 Pre-Proposal Conference
6 Miscellaneous
Schedules
1 Terms of Reference

2 Appendices

Appendix – I: Technical Proposal

Form 1 : Letter of Proposal

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 Form 2 : Particulars of the Applicant
Form 3 : Statement of Legal Capacity
Form 4 : Power of Attorney
Form 5 : Financial Capacity of the Applicant
Form 6 : Particulars of Key Personnel
Form 7 : Abstract of Eligible Assignments of the Applicant
Form 8 : Abstract of Eligible Assignments of Key Personnel
Form 9 : Eligible Assignments of Applicant
Form 10 : Eligible Assignments of Key Personnel
Form 11 : CVs of Professional Personnel
Form 12 : Proposal for Sub-consultant(s)
Appendix – II: Financial Proposal

Form 1 : Covering Letter

Form 2 : Financial Proposal

Form 3 : Deleted

Appendix – III: (To be submitted with Technical Proposal)

Appendix – III (A): (To be submitted with Technical Bid)

Appendix – IV: (Bank Guarantee format)

Appendix –V: (Code of Integrity)

Appendix –VI: (Form of Agreement)

2.10 Clarifications

2.10.1 Applicants requiring any clarification on the RFP may send their queries to the
Department in writing before the date mentioned in the Schedule of Selection
Process at Clause 1.8. The envelopes shall clearly bear the following
identification:

“Queries/Request for Additional Information concerning Request for Proposal

(RFP) for Selection of Technical Consultant for Development of Tourism Projects

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 The Department shall endeavor to respond to the queries within the period specified
therein but no later than 4 (Four) days prior to the PDD. The Department will
post the reply to all such queries on the e-tendering portal
www.jktenders.gov.in.

2.10.2 The Department reserves the right not to respond to any queries or provide any
clarifications, in its sole discretion, and nothing in this Clause 2.10 shall be
construed as obliging the Department to respond to any question or to provide
any clarification.

2.11 Amendment of RFP

2.11.1 At any time prior to the deadline for submission of Proposal, the Department
may, for any reason, whether at its own initiative or in response to
clarifications requested by an Applicant, modify the RFP document by
the issuance of Addendum/ Amendment and posting it on the Official
Website and by conveying the same to the prospective Applicants (who
have purchased the RFP document) by fax or e-mail.

2.11.2 All such amendments will be notified in writing through fax or e-mail to all
Applicants who have purchased the RFP document. The amendments will also
be posted on the Official Website along with the revised RFP containing the
amendments and will be binding on all Applicants.

2.11.3 In order to afford the Applicants a reasonable time for taking an amendment
into account, or for any other reason, the Department may, in its sole
discretion, extend the PDD$

C. PREPARATION AND SUBMISSION OF PROPOSAL

2.12 Language

The Proposal with all accompanying documents (the “Documents”) and all
communications in relation to or concerning the Selection Process shall be in
English language and strictly on the forms provided in this RFP. No supporting
document or printed literature shall be submitted with the Proposal unless
specifically asked for and in case any of these Documents is in another language, it
must be accompanied by an accurate translation of all the relevant passages in

$
While extending the Proposal Due Date on account of an addendum, the Corporation shall have due regard for the time required by bidders to
address the amendments specified therein. In the case of significant amendments, at least 15 (fifteen) days shall be provided between the date of
amendment and the Proposal Due Date, and in the case of minor amendments, at least 7 (seven) days shall be provided.
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 English, in which case, for all purposes of interpretation of the Proposal, the
translation in English shall prevail.

2.13 Format and signing of Proposal

2.13.1 The Applicant shall provide all the information sought under this RFP. The
Department would evaluate only those Proposals that are received in the
specified forms and complete in all respects.

2.13.2 The Proposal shall be typed or written in indelible ink and signed by the
authorized signatory of the Applicant who shall initial each page. All the
alterations, omissions, additions, or any other amendments made to the
Proposal shall be initiated by the person(s) signing the Proposal.

2.13.3 The Proposals must be properly signed by the authorized representative (the
“Authorized Representative”) as detailed below:

(a) by the proprietor, in case of a proprietary firm; or

(b) by a partner, in case of a partnership firm and/or a limited liability

partnership; or

(c) by a duly authorized person holding the Power of Attorney, in case of a

Limited Company or a Department; or

(d) by lead member in case of consortium

A copy of the Power of Attorney certified by a notary public in the form specified in
Appendix-I (Form-4) shall accompany the Proposal (if required).

2.13.4 Applicants should note the PDD, as specified in Clause 1.8, for submission of
Proposals.

Except as specifically provided in this RFP, no supplementary material will be

entertained by the Department, and that evaluation will be carried out only on the basis
of Documents received by the closing time of PDD as specified in Clause 2.17.1.
Applicants will ordinarily not be asked to provide additional material information or
documents subsequent to the date of submission, and unsolicited material if
submitted will be summarily rejected.
2.14 Technical Proposal

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2.14.1 Applicants shall submit the technical proposal in the formats at Appendix-I (the
“Technical Proposal”).

2.14.2 While submitting the Technical Proposal, the Applicant shall, in particular, ensure that:

(a) all forms are submitted in the prescribed formats and signed by the
prescribed signatories;
(b) power of attorney, if applicable, is executed as per Applicable Laws;
(c) CVs of all Key Personnel have been included;
(d) Key Personnel have been proposed only if they meet the Conditions of
Eligibility laid down at Clause 2.2.2 (D) of the RFP;
(e) no alternative proposal for any Key Personnel is being made and only one
CV for each position has been furnished;
(f) the CVs have been recently signed and dated, in blue ink by the
respective Personnel and countersigned by the Applicant. Photocopy
or unsigned / countersigned CVs shall be rejected;
(g) the CVs shall contain an undertaking from the respective Key Personnel
about his/her availability for the duration specified in the RFP;
(h) Key Personnel proposed have good working knowledge of English
language;
(i) Key Personnel would be available for the period indicated in the TOR;
(j) no Key Personnel should have attained the age of 70 years at the
time of submitting the proposal; and
(k) the proposal is responsive in terms of Clause 2.21.3.
The key personnel/ support team shall have to fully dedicate for the project for
the specified period.
2.14.3 Failure to comply with the requirements spelt out in this Clause 2.14 shall make the
Proposal liable to be rejected.
2.14.4 If an individual Key Personnel makes a false averment regarding his qualification,
experience or other particulars, he shall be liable to be debarred for any future
assignment of the Department for a period of 3 (Three) years. The award of this
Consultancy to the Applicant may also be liable to cancellation in such an event.

2.14.5 The Technical Proposal shall not include any financial information relating to the
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 Financial Proposal.

2.14.6 The proposed team shall include experts and specialists (the “Professional
Personnel”) in their respective areas of expertise and managerial/support staff
(the “Support Personnel”) such that the Consultant should be able to complete the
Consultancy within the specified time schedule. The Key Personnel specified in
Clause 2.1.4 shall be included in the proposed team of Professional Personnel.
The team shall comprise other competent and experienced professional
personnel in the relevant areas of expertise (where applicable) as required for
successful completion of this Consultancy. The CV of each such professional
personnel, if any, should also be submitted in the format at Form-11 of Appendix-I.

2.14.7 Omitted.

2.14.8 The Department reserves the right to verify all statements, information and
documents, submitted by the Applicant in response to the RFP. Any such
verification or the lack of such verification by the Department to undertake such
verification shall not relieve the Applicant of its obligations or liabilities hereunder nor
will it affect any rights of the Department thereunder.

2.14.9 In case it is found during the evaluation or at any time before signing of the
Agreement or after its execution and during the period of subsistence thereof,
that one or more of the eligibility conditions have not been met by the Applicant or
the Applicant has made material misrepresentation or has given any materially
incorrect or false information, the Applicant shall be disqualified forthwith if not yet
appointed as the Consultant either by issue of the LOA or entering into of the
Agreement, and if the Selected Applicant has already been issued the LOA or
has entered into the Agreement, as the case may be, the same shall,
notwithstanding anything to the contrary contained therein or in this RFP, be liable
to be terminated, by a communication in writing by the Department without the
Department being liable in any manner whatsoever to the Selected Applicant or
Consultant, as the case may be.

In such an event, the Department shall forfeit and appropriate the Performance
Security, if available, as mutually agreed pre-estimated compensation and
damages payable to the Department for, inter alia, time, cost and effort of the
Department, without prejudice to any other right or remedy that may be available to
the Department.

2.15 Financial Proposal

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2.15.1 Applicants shall submit the financial proposal in the formats at Appendix-II (the
“Financial Proposal”) clearly indicating the total cost of the Consultancy (Item
F of Form-2 of Appendix II) in both figures and words, in Indian Rupees, and
signed by the Applicant’s Authorized Representative. In the event of any difference
between figures and words, the amount indicated in words shall prevail. In the
event of a difference between the arithmetic total and the total shown in the Financial
Proposal, the lower of the two shall prevail.

2.15.2 While submitting the Financial Proposal, the Applicant shall ensure the following:

(i) All the costs associated with the assignment shall be included in the
Financial Proposal. These shall normally cover remuneration for all the
Personnel (Expatriate and Resident, in the field, office etc),
accommodation, air fare, equipment, printing of documents, etc. The total
amount indicated in the Financial Proposal shall be without any condition
attached or subject to any assumption, and shall be final and binding.

(ii) The Financial Proposal shall take into account all expenses and tax liabilities.
For the avoidance of doubt, it is clarified that all taxes shall be deemed to be
included in the costs shown under different items of the Financial
Proposal except for GST. Further, all payments shall be subject to
deduction of taxes at source as per Applicable Laws.

(iii) Costs (including break down of costs) shall be expressed in INR.

2.16 Submission of Proposal

2.16.1 All the scanned documents as mentioned at clause no. 2.14 be submitted.
2.16.2 List of Documents to be scanned and submitted within the period of tender
submission:
i. Bid Security in favour of Director (Finance), Jammu & Kashmir
Tourism Department in form of DD issued by
nationalized/scheduled bank payable at Srinagar/Jammu (these
instruments issued by a cooperative bank will NOT BE ACCEPTED
under any circumstances};
ii. PAN card/TAN
iii. Audited Balance Sheet for the period of last 5 years.
iv. Letter Comprising the Bid in the prescribed format (Appendix – I)
along with Annexes and supporting Documents;
v. GST Certificate
vi. Documentary evidence of experience of running eligible projects.
vii. Documentary evidence of operation of eligible projects being
claimed by the bidder.

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2.16.5 The completed Proposal must be submitted in hard copy on or before the specified
time on PDD. Proposals submitted by fax, telex, telegram or e-mail shall not be
entertained.

2.16.6 The Proposal shall be made in the Forms specified in this RFP. Any attachment
to such Forms must be provided on separate sheets of paper and only
information that is directly relevant should be provided. This may include
photocopies of the relevant pages of printed documents.

2.16.8 Remuneration paid pursuant to the rates set forth shall be adjusted every twelve
(12) months (and, the first time, with effect for the billing rates earned in the 13th
calendar month after the last date of submission of bid) by 8% every 12 months
for personnel.

2.17 Proposal Due Date

2.17.1 Proposal should be submitted before 1600 hrs on the PDD specified at Clause
1.8 at the address provided in Clause 1.11 in the manner and form as detailed in
this RFP. A receipt thereof should be obtained from the person specified therein.

2.17.2 The Department may, in its sole discretion, extend the PDD by issuing an Addendum
in accordance with Clause 2.11 uniformly for all Applicants

2.18 Modification/ substitution of Proposals

Modifications to submission can be done by over-riding the earlier submission,

prior to the PDD.

2.19 Performance Security Performance Bank Guarantee (PBG)

Within fifteen (15) working days from the date of issuance of LOA, the
successful Bidder shall at his own expense submit unconditional and irrevocable
Performance Bank Guarantee (PBG) to the Tourism Department, J&K. On submission
of PBG, EMD shall be returned to the bidder.

The PBG shall be from a Nationalized Bank or a Scheduled Commercial Bank,

payable on demand, for the due performance and fulfillment of the contract by the
bidder. This Performance Bank Guarantee shall be for an amount equivalent to 5% of
total contract value. PBG shall be invoked by the department in the event the Bidder:

• Fails to perform the responsibilities and obligations as set out in the RFP to the
complete satisfaction of Tourism Department, J&K.
• Misrepresents facts/information submitted to the department.

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The performance bank guarantee shall be valid till satisfactory completion of the scope
mentioned in the RFP. The performance bank guarantee may be discharged/returned
by the Tourism Department upon being satisfied that there has been due performance
of the obligations of the bidder under the contract. However, no interest shall be
payable on the performance bank Guarantee.

In the event of the Bidder being unable to service the contract for whatever reason(s),
Department shall have the right to invoke the PBG. Notwithstanding and without
prejudice to any rights whatsoever of Tourism Department, J&K under the contract in
the matter, the proceeds of the PBG shall be payable to Tourism Department, J&K as
compensation for any loss resulting from the bidder’s failure to perform/comply its
obligations under the contract.

Tourism Department, J&K shall notify the bidder in writing of the exercise of its right to
receive such compensation within 40 days, indicating the contractual obligation(s) for
which the bidder is in default. This Performance Bank Guarantee Shall be valid upto
the completion of the Period of `Contract scope period`+ 03 months.

On satisfactory performance and completion of the order in all respects and duly
certified to this effect by the Tourism Department, J&K, the PBG would be returned to
the Bidder.

The Applicant, by submitting its Application pursuant to this RFP, shall be

deemed to have acknowledged that without prejudice to the Department’s any other
right or remedy hereunder or in law or otherwise, the Performance Security, if available,
shall be forfeited and appropriated by the Department as the mutually agreed pre-
estimated compensation and damage payable to the Department for, inter alia, the
time, cost and effort of the Department in regard to the RFP including the consideration
and evaluation of the Proposal under the following conditions:

(a) If an Applicant engages in any of the Prohibited Practices specified in

Clause 4.1 of this RFP;
(b) If the selected Applicant commits a breach of the Agreement.

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D. EVALUATION PROCESS

2.21 Evaluation of Proposals

2.21.1 The Department shall open the Proposals at 1600 hours on the PDD, at the place
specified in Clause 1.11.1 and in the presence of the Applicants who choose to
attend.

2.21.2 The Technical Proposal shall be opened first.

2.21.3 Prior to evaluation of Proposals, the Department will determine whether each
Proposal is responsive to the requirements of the RFP. A Proposal shall be
considered responsive only if:

(a) the Technical Proposal is received in the form specified at Appendix-I;

(b) It is received by the PDD including any extension thereof pursuant to Clause
2.17;
(c) It is signed, sealed & marked as stipulated in Clauses 2.13 and 2.16;
(d) It is accompanied by the Power of Attorney as specified in Clause 2.2.4;
(e) It contains all the information (complete in all respects) as requested in the
RFP;
(f) It does not contain any condition or qualification; and
(g) It is not non-responsive in terms hereof.

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

2.21.5 The Department shall subsequently examine and evaluate Proposals in

accordance with the Selection Process specified at Clause 1.6 and the criteria
set out in Section 3 of this RFP.

2.21.6 After the technical evaluation, the Department shall prepare a list of pre-qualified
Applicants in terms of Clause 3.2 for opening of their Financial Proposals. A
date, time and venue will be notified to all Applicants for announcing the result of
evaluation and opening of Financial Proposals. Before opening of the Financial
Proposals, the list of pre- qualified Applicants along with their Technical Scores
will be read out. The opening of Financial Proposals shall be done in presence
of respective representatives of Applicants who choose to be present. The
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 Department will not entertain any query or clarification from Applicants who fail
to qualify at any stage of the Selection Process. The financial evaluation and
final ranking of the Proposals shall be carried out in terms of Clauses 3.3 and
3.4.

2.21.7 Applicants are advised that Selection shall be entirely at the discretion of the
Department.

Applicants shall be deemed to have understood and agreed that the Department
shall not be required to provide any explanation or justification in respect of any
aspect of the Selection Process or Selection.

2.21.8 Any information contained in the Proposal shall not in any way be construed as
binding on the Department, its agents, successors or assigns, but shall be binding
against the Applicant if the Consultancy is subsequently awarded to it.

2.21.9 The consultants/ service providers who are qualifying as per the technical
evaluation criteria are considered as technically responsive and the rest
would be considered technically non-responsive and would be dropped from
the list. Financial proposals are then opened for only eligible and responsive
offers and other financial offers are returned unopened to bidders.

2.21.10 The proposal securing the highest combined marks and ranked H-1 will be
invited for negotiations, if required and shall be recommended for award of
contract. In the event two or more bids have the same score in final ranking,
the bid with highest technical score will be H-1.
2.22 Confidentiality
Information relating to the examination, clarification, evaluation, and
recommendation for the selection of Applicants shall not be disclosed to
any person who is not officially concerned with the process or is not a
retained professional adviser advising the Department in relation to matters
arising out of, or concerning the Selection Process. The Department shall
treat all information, submitted as part of the Proposal, in confidence and
shall require all those who have access to such material to treat the same in
confidence. The Department may not divulge any such information unless it
is directed to do so by any statutory entity that has the power under law to
require its disclosure or to enforce or assert any right or privilege of the
statutory entity and/or the Department or as may be required by law or in
connection with any legal process.
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 2.23 Clarifications
2.23.1 For all major reports, an executive summary as a separate section will be provided.
a) Inception report: This report should be submitted about six weeks after the
commencement date. Any major inconsistency in the ToR, staffing
problems, or deficiency in Procuring Entity’s assistance that have become
apparent during this period should be included. The inception report is
designed to give the procuring Entity confidence that the assignment can be
carried out as planned and as agreed upon in the contract and should bring
to its attention major problems that might affect the direction and progress of
the work.
b) Progress Reports: Progress reports will have be delivered monthly. For
feasibility studies and design assignments deliver of progress reports at two
month intervals is satisfactory. For technical assistance and implementation
supervision, for instance in construction, progress reports are best submitted
monthly. Progress reports may include a bar chart showing details of
progress and any changes in the assignment schedule. Photographs with
time stamping are a quick and easy way of conveying the status of project
and their use in progress reports is encouraged.
c) Final report: The procuring entity and consultant will discuss the report while
it is still in draft form. The consultants alone are responsible for their findings,
although changes may be suggested in the course of the discussion. If the
consultants do not accept comments or recommendations from the
Procuring Entity, these will be noted in the report.
Monitoring of the Contract: A contract Monitoring Committee (CMC) shall be
formed by the procuring entity to monitor the progress.
d) Contract Monitoring Committee: A CMC comprising at least three members
at the appropriate level including the user’s representative after the
selection procedure is over for monitoring the progress of the assignment
will be constituted.
2.23.2 To facilitate evaluation of Proposals, the Department may, at its sole
discretion, seek clarifications from any Applicant regarding its Proposal. Such
clarification(s) shall be provided within the time specified by the Department
for this purpose. Any request for clarification(s) and all clarification(s) in
response there to shall be in writing.
2.23.3 If an Applicant does not provide clarifications sought under Clause 2.23.1
above within the specified time, its Proposal shall be liable to be rejected. In
case the Proposal is not rejected, the Department may proceed to evaluate
the Proposal by construing the particulars requiring clarification to the best of
its understanding, and the Applicant shall be barred from subsequently
questioning such interpretation of the Department.
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E. APPOINTMENT OF CONSULTANT

2.24 Negotiations

2.24.1 The Selected Applicant may, if necessary, be invited for negotiations. The
negotiations shall generally not be for reducing the price of the Proposal, but will
be for re-confirming the obligations of the Consultant under this RFP. Issues such
as deployment of Key Personnel, understanding of the RFP, methodology and
quality of the work plan shall be discussed during negotiations. A Key Personnel
who did not score 70% (seventy per cent) marks as required under Clause 3.1.2
shall be replaced by the Applicant with a better candidate to the satisfaction of the
Department. In case the Selected Applicant fails to reconfirm its commitment, the
Department reserves the right to designate the next ranked Applicant as the
Selected Applicant and invite it for negotiations.

2.24.2 The Department will call all the key candidates (whose CV’s have been evaluated) of
the successful bidder for the interview during negotiations and those found
inappropriate for the engagement shall be replaced by the applicant before signing
of the contract to the suitability of the department.

2.24.3 The Department will examine the CVs of all other Professional Personnel and those
not found suitable shall be replaced by the Applicant to the satisfaction of the
Department.

2.25 Substitution of Key Personnel

2.25.1 The Department will not normally consider any request of the Selected Applicant for
substitution of the Experts as the ranking of the Applicant is based on the evaluation
of the Expert and any change therein may upset the ranking. Substitution will,
however, be permitted in exceptional circumstances if the Expert is not available for
reasons of any incapacity or due to health, subject to equally or better qualified
and experienced personnel being provided to the satisfaction of the Department.
However any replacement shall be restricted to 10% of key personnel/each year
during the currency of the project. Any replacement over and above the
prescribed limit shall attract a penalty of 10% of the quoted rate of the replaced
key professional.
2.25.2 The Department expects the named experts to be available during implementation of
the Agreement. The Department will not consider substitution of the Key Personnel
except for reasons of any incapacity or due to health. Such substitution shall subject
to equally or better qualified and experienced personnel being provided to the

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 satisfaction of the Department.

2.26 Indemnity

The Consultant shall, subject to the provisions of the Agreement, indemnify the
Department, for an amount not exceeding 10% of the value of the Agreement, for
any direct loss or damage that is caused due to any deficiency in Services.

2.27 Award of Consultancy

After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by the
Department to the Selected Applicant and the Selected Applicant shall, within 7
(seven) days of the receipt of the LOA, sign and return the duplicate copy of the LOA in
acknowledgement thereof.

2.28 Execution of Agreement

After acknowledgement of the LOA as aforesaid by the Selected Applicant, it shall

execute the Agreement within the period prescribed in Clause 1.8. The Selected
Applicant shall not be entitled to seek any deviation in the Agreement.

2.29 Commencement of Assignment

The Consultant shall commence the Consultancy within 15 days of the date of the
Agreement, or such other date as may be mutually agreed. If the Consultant fails to
either sign the Agreement as specified in Clause 2.28 or commence the assignment
as specified herein, the Department may invite the second ranked Applicant for
negotiations. In such an event, the LOA or the Agreement, as the case may be,
may be cancelled / terminated.

2.30 Proprietary data

Subject to the provisions of Clause 2.22, all documents and other information provided
by the Department or submitted by an Applicant to the Department shall remain or
become the property of the Department. Applicants and the Consultant, as the case
may be, are to treat all information as strictly confidential. The Department will not
return any Proposal or any information related thereto. All information collected,
analyzed, processed or in whatever manner provided by the Consultant to the
Department in relation to the Consultancy shall be the property of the Department.

2.31 Force Majeure

A force Majeure means extraordinary events or circumstances beyond human

control such as an event described as an ACT OF GOD (Like a natural calamity)
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 or events such as a war, strike, riots crimes( but not including negligence or wrong
doing predictable/seasonal rain and any other events specially excluded in the
clause). Now withstanding the punitive provision contained in the contract for delay
or breach of contract the supplier would not be liable for imposition of any such
sanction so long as the delay or failure of the supplier in fulfilling its obligations
under the contract is the result of an event covered in the FM clause.

2.31.1 No breach of Agreement

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 Agreement insofar as such
inability arises from an event of Force Majeure, provided that the party affected by
such an event has taken all reasonable precautions, due care and reasonable
alternative measures, all with the objective of carrying out the terms and conditions
of this Agreement.

2.31.2 Measures to be taken

(a) A party affected by any event of Force Majeure shall take all reasonable
measures to remove such party’s inability to fulfil its obligations hereunder
with a minimum of delay.
(b) A party affected by an event of of Force Majeure shall notify the other Party
of such event as soon as possible , and in any event not later than 14
(fourteen0 nature and cause of such event, and shall similarly give notice of
the restoration of normal conditions as soon as possible.
(c) The Parties shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.

2.31.3 Extension of Time

Any period within which a party shall, pursuant to this Agreement, complete any
action or task, shall be extended for a period equal to the time during which such
party was unable to perform such action as a result of Force Majeure.

2.31.4 Payments

During the period of its inability to perform the services as a result of any event of
Force Majeure, the Consultant shall not be entitled for any additional costs and
respective parties shall bear their respective cost.

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2.31.5 Consultation

Not later than 30 (Thirty) days after the Consultant has, as the result of an event of
Force Majeure, become unable to perform a material portion of the Services, the
parties shall consult with each other with a view to agreeing on appropriate
measures to be taken in the circumstances.

2.31.6 Suspension of Agreement

The Authority may, by written notice of suspension to the consultant, suspend all
payments to the Consultant hereunder if the consultant shall be in breach of this
Agreement or shall fail to perform any of its obligations under this Agreement,
inclosing the carrying out of the Services; provided that such notice of suspension
(i) shall specify the nature of the breach or failure, and (ii) shall provide an
opportunity to the Consultant to remedy such breach or failure within a period not
exceeding 30(Thirty) days after receipt by the Consultant of such notice of
suspension.

2.32. Termination of Agreement

2.32.1 By the Authority

The Authority may, by no less than 30(Thirty)days’ written notice of termination to

the consultant , such notice to be given after the occurrence of any of the events
specified in this clause 2.32.1, terminate this Agreement if:

(a) The consultant fails to remedy any breach hereof or any failure in the performance
of its obligations hereunder, as specified in a notice of suspension pursuant to
Clause 2.31.6 herein above, within 30 (Thirty) days of receipt of such notice of
suspension or within such further period as the Authority may have subsequently
granted in writing;
(b) The consultant becomes insolvent or bankrupt or enters into any agreement with
its creditors for relief of debt or take advantage of any law for the benefit of debtors
or goes into liquidation or receivership whether compulsory or voluntary;
(c) The Consultant fails to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause 2.8.3 of the Agreement;

(d) The Consultant submits to the Authority a statement which has a material effect on
the rights, obligations or interests of the Authority and which the Consultant knows
to be false;

(e) Any document , information, data or statement submitted by the Consultant in its
Proposals, based on which the Consultant was considered eligible or successful,
is found to be false, incorrect or misleading;

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 (f) As the result of Force Majeure , the consultant is unable to perform a material
portion of the Services for a period of not less than 60(Sixty) days; or

(g) The Authority, in its sole discretion and for any reason whatsoever, decides to
terminate this Agreement.

2.32.2 The Consultant may, not less than 30(Thirty) days’ written notice to the Authority,
such notice to be given after the occurrence of any of the events specified in this
Clause 2.32.2, terminate this Agreement if;

(a) the authority fails to pay any money due to the Consultant pursuant to this
Agreement and not Subject to dispute pursuant to clause 2.8 hereof within 45
(Forty five)days after receiving written notice from the consultant that such
payment is overdue;

(b) The Authority is in material breach of its obligations pursuant to this Agreement
and has not remedied the same within 45 (Forty five) days (or such longer
period as the Consultant may have subsequently granted in writing) following
the receipt by the Authority of the Consultant’s notice Specifying such Breach;

(c) As the result of Force Majeure, the consultant is unable to perform a material
portion of the service of a period of not less than 60(sixty) days; or

(d) The Authority fails to comply with any final decision reached as a result of
arbitration pursuant to Clause 2.8 of the Agreement.

2.32.3 Cessation of rights and obligations

Upon termination of this agreement pursuant to Clause 2.32.3 hereof, of

upon expiration of this agreement pursuant clause 2.4 of the
Agreement, 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, or which expressly survive such
termination (ii) the obligation of confidentiality set forth in Clause 2.22
hereof; (iii) the Consultant’s obligation to permit inspection, copying and
auditing of such of its accounts and records set forth in Clause 2.34here
of, relate to the Consultant’s Services provided under this Agreement;
and (iv) any right or remedy which a party may have under this
Agreement or Applicable Law.

2.32.4 Cessation of Services

Upon termination of this Agreement by notice of either party to the other

Pursuant To Clause 2.32.1 or 2.32.2 hereof, the consultant shall,
immediately upon dispatch or receipt of such notice, take all necessary
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 steps to bring the services to a close in a prompt and orderly manner
and shall make every reasonable effort to keep expenditures for this
purpose to a minimum. With respect to documents prepared by the
consultant and equipment and materials furnished by the Authority, the
Consultant shall Proceed as provided respectively by Clauses 2.32.8 or
2.32.9 hereof.

2.32.5 Payment upon Termination

Upon termination of this Agreement pursuant to Clauses 2.32.1 or 2.32.2

hereof, the Authority shall make the payments to the consultant (after
offsetting against these payments any amount that may be due from the
Consultant to the Authority) equal to the remuneration pursuant to clause
1.1.2 hereof for Services satisfactorily performed prior to the date of
termination.

2.32.6 Disputes about Events of Termination

If either Party disputes whether an event specified in Clause 2.32.1 or in

Clause 2.32.2 hereof has occurred, such party may, within 30 (Thirty) days
after receipt of notice of termination from the other party, refer the matter to
arbitration pursuant to Clause 2.8 hereof, and the Agreement shall not be
terminated on account of such event except in accordance with the terms of
any resulting arbitral award.

2.32.7 OBLIGATIONS OF THE CONSULTANT

Standards of Performance
The Consultant shall perform the Services and carry out its obligations
hereunder with all due diligence, efficiency and economy, in accordance with
generally accepted professional techniques and practices, and shall observe
sound management practices, and employ appropriate methods. The
Consultant shall always act , In respect of any matter relating to this
Agreement or to the services, as a faithful adviser to the Authority, and shall
at all times support and safeguard the Authority’s legitimate interests in any
dealings with sub- Consultants or Third Parties.

2.32.8 Documents prepared by the Consultant to be Property of the Authority.

a) All reports and other documents (collectively referred to as “Consultancy
documents) prepared by the consultant (or by the Sub-Consultants or any Third
Party) in performing the Services shall become and remain the property of the
Authority, and all intellectual property rights in such Consultancy Documents
shall vest with Authority. Any Consultancy Document, of which the
ownership or the intellectual property rights do not vest with the Authority
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 as and when such Consultancy Document is Created and the Consultant agrees
to execute the papers and to perform such other acts as the Authority, may
deem necessary to secure its rights herein assigned by the Consultant.

b) the Consultant shall hold the Authority harmless and indemnified for any losses,
claims, damages, expenses (including all legal expenses), which may arise from
or due to any unauthorized use of such Consultancy Documents, or due to any
Breach or failure on part of the Consultant or its sub- Consultant or a Third Party
to perform any of its duties or obligations in relation to securing the
aforementioned rights of the Authority.

2.32.9 Reports Furnished by the Authority

Reports made available to the consultant by the Authority shall be the property of the
Authority and shall be marked accordingly. Upon termination or expiration of the
Agreement, the Consultant shall furnish forthwith all the study reports to the
Authority.

2.3 SETTLEMENT OF DISPUTES

2.33.1 Amicable settlement
The parties shall use their best efforts to settle amicably all disputes arising out of or
in connection with this Agreement or the interpretation thereof.

2.33.2 Dispute resolution

(a) Any dispute, difference or controversy of whatever nature howsoever arising under
or out of or in relation to this Agreement (including its interpretation0 between the
Parties, and so notified in writing by either party to the other party (the “Dispute”)
shall, in the first instance, be attempted to be resolved amicably in accordance with
the conciliation procedure set forth in Clause 2.33.3.

(b) the parties agree to use their best efforts for resolving all Disputes arising under or in
respect of this Agreement promptly, equitably and in good faith, and further agree to
provide each other with reasonable access during normal business hours to all non-
privileged records, information and data pertaining to any dispute.

2.33.3 Conciliation

In the event of any Dispute between the Parties, either may call upon Directorate
Archives, archaeology and Museums Culture Department Jammu/Srinagar.The
Team Leader of the Consultant or a substitute thereof for amicable settlement, and
upon such reference, the said
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 persons shall meet no later than 10(ten) days from the date of reference to
discuss and attempt to amicably resolve the Dispute. If such meeting does not take
place within the 10(ten) day period or the Dispute is not amicably settled within
15(Fifteen) days of the meeting or the Dispute is not resolved as evidence by the
signing of written terms of settlement within 30(Thirty) days of the notice in writing
referred to in Clause 2.8.3 or such longer period as may be mutually agreed by the
Parties, either Party may refer to Dispute to arbitration in accordance with the
provisions of Clause 2.8.3 (c-g).of the Agreement.

2.33.4 Other conditions

a) Those intending Consultants not registered on the website i.e.

www.jktenders.gov.in are required to get registered beforehand. If needed
they can be imparted training on online process as per details available on
the website. The intending Bidder must have class-III/ as required digital
signature to submit the tender.
b) The Consultants are advised in their own interest to submit their online bid
documents well in advance from last date/time of submission of bids so as
to avoid problems which the Consultant may face in submission at last
moment/’ during rush hours.
c) Department reserve the right to verify any uploaded documents by the
bidder from the issuing authority or through any other agency.
d) On opening date, the Bidder can login and see the tender opening process.

2.34 Accounting, Inspection and auditing

The Consultant shall keep accurate and systematic accounts and records in
respect of the Services provided under the Agreement, in accordance with
international accepted accounting principles and in such form and detail as will
clearly identify all relevant time charges and cost, and the basis thereof (including
the basis of the Consultant’s costs and charges).

3. CRITERIA FOR EVALUATION

3.1 Evaluation of Technical Proposals

3.1.1 In the first stage, the Technical Proposal will be evaluated on the basis of Applicant’s
experience, its understanding of TOR, proposed methodology and Work Plan, and

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 the experience of Key Personnel. Only those Applicants whose Technical
Proposals score 70 points or more out of 100 shall be ranked as per score
achieved by them, from highest to the lowest technical score (S).

3.1.2 Each Key Personnel must score a minimum of 70% marks except as provided
herein. In case the Selected Applicant has one Key Personnel, who scores less
than 70% (Seventy per cent) marks, he would have to be replaced during
negotiations, with a better candidate who, in the opinion of the Department, would
score 70% (seventy per cent) or above.

3.1.3 The scoring criteria to be used for evaluation shall be as follows:

S. No. Criteria Marks

1. Relevant Experience of the Applicant 30

Average Financial Turnover in last 3 years of 50 Cr.- 5 Marks

Plus 1 mark of additional 10 Cr subjected up to 10

maximum of 5 marks.

i. Experience in 3.1.4 (a) 5

ii. Experience in 3.1.4 (b) 5

iii. Experience in 3.1.4 (c) 5

iv. Experience in 3.1.4 (d) 5

2. Relevant Experience of the Key Personnel 59

i Team Leader cum Project Management Specialist 10

ii Deputy Team Leader cum Program Manager 5

iii Infrastructure Specialist 5

iv Procurement / Legal Expert 5

v Structural Engineer 5

vi Urban Designer 4

vii Heritage Management Expert 4

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 viii Eco Tourism Planner 4

ix Adventure Tourism Expert 4

x Environment/ Solid Waste Management Expert 4

xi GIS/ Remote Sensing Expert 3

xii Financial Management Expert 3

xiii Community Development Specialist 3

3. Approach & Methodology & presentation$ 5

4. Joint venture with local firm/ company. The work 6

orders/ turnover certificates, balance sheets,
registration certificate etc. of the local firm needs to be
enclosed. The local firm must have at least 3 years of
existence in J&K. – 2 Marks plus 1 Mark for additional
year of existence in J&K up to max. 4 Marks.

Related experience of local firm w.r.t. Rural/Urban

Infra projects/ Tourism projects: 1Marks for each
project above 5 cr maximum 2 marks

Grand Total 100

@ 30% of the maximum marks of each Key Personnel shall be awarded for the

qualification 70% for the number of Eligible Assignments the respective key
Personnel has worked on .
$
Relative marking across bidders based on their understanding the project,
proposed approach & methodology, and commitment to timeline etc.
#
The Project supervision team needs to be based in Jammu/Srinagar or any other
area of project implementation which will be specified later on.
While awarding marks for the number of Eligible Assignments, the Applicant or Key
Personnel, as the case may be, that has undertaken the highest number of Eligible
Assignments shall be entitled to the maximum score for the respective category and
all other competing Applicants or respective Key Personnel, as the case may be,
shall be entitled to a proportionate score.

3.1.4 Eligible Assignments

For the purposes of satisfying the Conditions of Eligibility and for evaluating the
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 Proposals under this RFP, advisory/ consultancy assignments in respect to project
management and/or preparation of transaction / bid documents and other similar
assignments for the following projects shall be deemed as eligible assignments (the
“Eligible Assignments”). Projects can be fall into multiple categories as specified
below:
(a) Experience in preparation of Tourism Master Plan(Regional level) for State
Tourism Departments/ Tourism corporations any other Government agency,
during the preceding 5 years – 2.5 mark for each Project preparation for
Tourism Infrastructure projects costing more than INR 50 Crore or above up
to max. 5 marks.
(b) Experience in Project Development & Management Consultancy for Tourism
Infrastructure projects in any State /GoI /Country in last 5 years of project
cost more than INR 100 crore - 2.5 marks for each project to max. 5 marks
(projects in similar terrain/region would be preferred).
(c) Experience in preparation of DPRs for tourism infrastructure projects at city/
zonal level in any state/GOI/country in last 5 years of cost more than 50 cr
with focus on destination based tourism/circuit or theme based /community
based tourism; 2.5 marks for each project to max. 5 marks (projects in similar
terrain/region would be preferred).
(d) Experience in preparation of DPRs focusing on pilgrimage, heritage &
cultural with development of civic infrastructure of Tourism related projects in
last 5 years, costing more than INR 10 Crore for each destination for Central
Financial Assistance under GoI schemes or other financial institution – 2.5
marks for each destination upto max. 5 marks (The projects evaluated under
clause 3.1.4 (b & c) shall not be evaluated under this head)
3.2 Short-listing of Applicants

All the Applicants ranked as aforesaid, shall be pre-qualified for financial

evaluation in the second stage. However, if the number of such pre- qualified
Applicants is less than 2 (two), the Department may, in its sole discretion, pre-
qualify the Applicant(s) whose Technical Score is less than the score specified in
Clauses 3.1.1 and 3.1.2; provided that in such an event, the total number of pre-
qualified Applicants shall not exceed 2 (two) and the technical scores shall be
considered as per actual for further calculations.

3.3 Evaluation of Financial Proposal

3.3.1 For financial evaluation, the total cost indicated in the Financial Proposal, excluding

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 Additional Costs, will be considered. Additional Costs shall include items specified
as such in Form -2 of Appendix-II.

3.4 Combined and Final Evaluation

3.4.1 Proposals will finally be ranked according to their combined technical (Tb) and
financial (Cb) scores as follows:

Bb = (0.7) * Tb + (0.3) x ( Cmin / Cb *100)

Where,

Bb = overall combined score of bidder under consideration (calculated up to two

decimal points)

Tb = Technical score of the bidder under consideration

Cb = Financial bid value of the bidder under consideration

Cmin = Lowest financial bid value among the financial proposals under
consideration

3.4.2 The Selected Applicant shall be the Applicant having the highest combined score.
The second highest Applicant shall be kept in reserve and may be invited in its
discretion for negotiations in case the first-ranked Applicant withdraws, or fails to
comply with the requirements specified in Clauses 2.24, 2.28 and 2.29, as the case
may be.The consultants/ service providers who are qualifying as per the technical
evaluation criteria are considered as technically responsive and the rest would be
considered technically non-responsive and would be dropped from the list.
Financial proposals are then opened for only eligible and responsive offers and
other financial offers are returned unopened to bidders. The proposal securing the
highest combined marks and ranked H-1 will be invited for negotiations, if required
and shall be recommended for award of contract. In the event two or more bids
have the same score in final ranking, the bid with highest technical score will
be H-1.

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4. FRAUD AND CORRUPT PRACTICES

4.1 The Applicants and their respective officers, employees, agents and advisers
shall observe the highest standard of ethics during the Selection process. Not
with standing anything to the contrary contained in this RFP, the Department
shall reject a Proposal without being liable in any manner whatsoever to the
Applicant, if it determines that the Applicant has, directly or indirectly or through
an agent, engaged in corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice (collectively the “Prohibited
Practices”) in the Selection Process. In such an event, the Department shall,
without prejudice to its any other rights or remedies, forfeit and appropriate the
Performance Security, if available, as mutually agreed genuine pre-estimated
compensation and damages payable to the Department for, inter alia, time,
cost and effort of the Department, in regard to the RFP, including consideration
and evaluation of such Applicant’s Proposal.

4.2 Without prejudice to the rights of the Department under Clause 4.1 hereinabove
and the rights and remedies which the Department may have under the LOA or
the Agreement, if an Applicant or Consultant, as the case may be, is found by the
Department to have directly or indirectly or through an agent, engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice during the Selection Process, or
after the issue of the LOA or the execution of the Agreement, such Applicant or
Consultant shall not be eligible to participate in any tender or RFP issued by the
Department during a period of 2 (two) years from the date such Applicant or
Consultant, as the case may be, is found by the Department to have directly or
through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice, as the
case may be.

4. 3 For the purposes of this Clause, the following terms shall have the meaning
hereinafter respectively assigned to them:
(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence the action of any
person connected with the Selection Process (for avoidance of doubt,
offering of employment to or employing or engaging in any manner
whatsoever, directly or indirectly, any official of the Department who is
or has been associated in any manner, directly or indirectly with the
Selection Process or the LOA or has dealt with matters concerning
the Agreement or arising there from, before or after the execution
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 thereof, at any time prior to the expiry of one year from the date such
official resigns or retires from or otherwise ceases to be in the service
of the Department, shall be deemed to constitute influencing the
actions of a person connected with the Selection Process; or (ii) save
as provided herein, engaging in any manner whatsoever, whether
during the Selection Process or after the issue of the LOA or after the
execution of the Agreement, as the case may be, any person in
respect of any matter relating to the Project or the LOA or the
Agreement, who at any time has been or is a legal, financial or
technical consultant/ adviser of the Department in relation to any
matter concerning the Project;
The consultant(s) shall be asked to sign a declaration (appendix V) for
abiding by a Code of integrity.

(b) “fraudulent practice” means a misrepresentation or omission of

facts or disclosure of incomplete facts, in order to influence the
Selection Process;
(c) “coercive practice” means impairing or harming or threatening to
impair or harm, directly or indirectly, any persons or property to
influence any person’s participation or action in the Selection Process;
(d) “undesirable practice” means (i) establishing contact with any person
connected with or employed or engaged by the Department with the
objective of canvassing, lobbying or in any manner influencing or
attempting to influence the Selection Process;; and
(e) “Restrictive practice” means forming a cartel or arriving at any
understanding or arrangement among Applicants with the objective of
restricting or manipulating a full and fair competition in the Selection
Process.
(f) Conflict of Interest in case of Consultants.

i) The consultant is required to provide professional, objective and impartial

advice, at all times holding the Procuring Entity’s interests paramount,
strictly avoiding conflicts with other assignments of his/its own corporate
interests and acting without any consideration for future work.

ii) The consultant has an obligation to disclose to the procuring entity any
situation of actual or potential conflict that impacts its/ his capacity to serve
the best interest of its client/ procuring Entity. Failure to disclose such
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 situations may lead to the disqualification of the consultant or termination
of its/his contract during execution of the assignment.

iii) Without limitation on the generality of the foregoing and unless stated
otherwise in the data sheet for the RFP document, the consultant shall not
be hired under the circumstances set forth below:

a) Conflicting Activities: A firm that has been engaged by the client to provide
Goods, Works, or Non-consultancy services for a project, or any of its
affiliates, shall be disqualified from providing Consultancy services
resulting from or directly related to those Goods, Works, or non
consultancy services. Conversely, a firm hired to provide consultancy
service for the preparation or implementation of a project, or any of its
affiliates, shall be disqualified from subsequently providing Goods or
Works, or non consultancy services resulting from or directly related to the
consultancy services for such preparation or implementation;

b) Conflicting Assignments: Consultants (including its experts and sub-

Consultants) or any of their affiliates shall not be hired for any assignment
that, by its nature may be in conflict with another assignment of the
consultant for the same or for another procuring Entity; and
c) Conflicting Relationships: A consultant (including its/ his experts and sub
consultants) that has a close business or family relationship with a
professional staff of the Procuring Entity who are directly or indirectly
involved in any part of: 1. The preparation of ToR for the assignment 2.
Selection process for the contract; or 3. Supervision of the contract may
not be awarded a contract, unless the conflict stemming from this
relationship has been resolved in a manner acceptable to the client
throughout the selection process and execution of the contract.

5. MISCELLANEOUS

5.1 The Selection Process shall be governed by, and construed in

accordance with, the laws of India and the Courts at Jammu & Kashmir
shall have exclusive jurisdiction over all disputes arising under, pursuant to
and/or in connection with the Selection Process.

5.2 The Department, in its sole discretion and without incurring any obligation
or liability, reserves the right, at any time, to:
(a) Suspend and/or cancel the Selection Process and/or amend and/or
supplement the Selection Process or modify the dates or other terms
and conditions relating thereto;
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(b) consult with any Applicant in order to receive clarification or further
information;
(c) retain any information and/or evidence submitted to the Department by,
on behalf of and/or in relation to any Applicant; and/or
(d) Independently verify, disqualify, reject and/or accept any and all
submissions or other information and/or evidence submitted by or on
behalf of any Applicant.

5.3 It shall be deemed that by submitting the Proposal, the Applicant agrees
and releases the Department, its employees, agents and advisers,
irrevocably, unconditionally, fully and finally from any and all liability for
claims, losses, damages, costs, expenses or liabilities in any way related to
or arising from the exercise of any rights and/or performance of any
obligations hereunder, pursuant hereto and/or in connection herewith and
waives any and all rights and/ or claims it may have in this respect,
whether actual or contingent, whether present or future.

5.4 All documents and other information supplied by the Department or

submitted by an Applicant shall remain or become, as the case may be, the
property of the Department. The Department will not return any
submissions made hereunder. Applicants are required to treat all such
documents and information as strictly confidential.

5.5 The Department reserves the right to make inquiries with any of the clients
listed by the Applicants in their previous experience record.

5.6 The Government Ministry / Department will have the right to reject all
proposals. However, such rejections should be well considered and
normally be in cases where all the bids are either substantially in deviation
to the ToR or considered unreasonably high in cost and, if in the latter
case, the lowest qualified bidder during negotiations fails to reduce the
costs to a reasonable level. If it is decided to re-invite the bids, the ToR
should be critically reviewed/ modified so as to address the reasons of not
receiving any acceptable bid in the earlier Invitation for Bids.

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Schedules

Page 42of 79
 SCHEDULE – 1

(See Clause 1.1.2)

Terms o f R e f e r e n c e ( TOR)

SCOPE OF SERVICES
Stage 1 : Plan and concept reports/pre-feasibility reports (Preparatory
Phase):
i. Mapping of the tourism assets in the State (both tangible and intangible
resources)
ii. Undertake community survey to determine needs and potential for
engagement of local communities in development and management of
tourism products
iii. Assess the existing situation and tourism potential of the circuit.
iv. Assess the current infrastructure available for tourists and determine the
gap for development of tourism destination
v. Document the local architectural style, construction techniques and
materials to develop appropriate construction methods and
specifications.
vi. Identify the list of tourism projects.
vii. Prepare block cost estimates
viii. Prepare concept reports & pre-feasibility reports of the identified
tourism projects. The report to be on the format laid down by Ministry
of Tourism guidelines and other funding agencies with supporting
documents.
ix. To assist Tourism department in the development of IT based project
monitoring tool.

Stage 2: Detailed Project Reports for funding by Ministry of Tourism, GoI

and other funding agencies:
i. Preparation of Project Report including research, documentation, data
collected, analysis and recommendations
ii. Implementation Strategy for Development of Tourism Destination
iii. Preparation of Detailed Project Report for implementation of the project
components
iv. Carry out necessary investigations & surveys, levelling, consultations
wherever required for preparation of DPRs.
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 v. Detailed Architectural drawings considering the local bye-laws and
other regulations.
vi. Detailed Structural Drawings.
vii. Detailed Services plan (Electrical, Public Health, HVAC, rain harvesting
and others as per requirement and compliance with national and local
standards)
viii. Detailed Landscape Plan/drawings
ix. Detailed estimates and Bill of Quantities as per prevailing Schedule Of
Rates and quotations for Non Scheduled Items.
x. Assist the Jammu & Kashmir Tourism department, Government of
Jammu & Kashmir in getting Technical and Administrative Sanction/
approval from state and central governments.
Stage 3: Detailed Design and Supervision during implementation
i. Providing Good For Construction drawings for timely completion of the
project
ii. Supervision of the projects during implementation including report
generated through IT tool.
Perpetual Stage:
Coordination with Ministry of Tourism, Government of India and Other
funding agencies
i. The consultant will be required to submit the proposal and represent the,
Jammu & Kashmir Tourism department, Government of Jammu &
Kashmir at the Ministry of Tourism, Government of India and/or any
other PMU appointed by the Ministry/State Government. Consultant
will also represent and support Jammu & Kashmir Tourism department,
Government of Jammu & Kashmir in programmes and schemes of
various other funding agencies.
ii. The consultant shall after preparation of the DPR submit the same to
Ministry of Tourism and various other funding agencies and be present
for any presentations and representations for the same.
iii. Technical staff as per RFP conditions will have to be deployed at office
of Jammu & Kashmir Tourism department, Government of Jammu &
Kashmir, or any other office designated by it at Srinagar, Jammu and
Ladakh to coordinate with Jammu & Kashmir Tourism department,
Government of Jammu & Kashmir, Ministry of Tourism and various
other funding agencies.
iv. The consultant shall also be responsible for all site inspections of
Ministry of Tourism and various other funding agencies and its
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 appointed representatives for Stage 1 &2 as required based on the award
of specific project.
v. Any changes/up-gradation to the proposal will have to be made by the
consultant.
vi. The consultant shall co-ordinate with the Ministry of Tourism and
various other funding agencies for final approvals, presentations and
disbursement of funds.
vii. The consultant shall prepare presentations and reports for presentation
during meetings with concerned agencies and also follow up on
furnishing of utilization certificates, ensure compliance to guidelines
and disbursements of subsequent installments.
viii. Participate in Stake Holder Coordination Meetings with consent of the
Jammu & Kashmir Tourism department, Government of Jammu &
Kashmir, if required for the project.

3. DELIVERABLES AND PAYMENT SCHEDULE

Timelines No. of Days

Date of Appointment of Consultant /award of any project T

Stage 1 T+90 days

Stage 2 T+240 days

Completion of work T+1095 days

SN Stages of payment for consultant Consultancy fees to be quoted as fixed

monthly amount

1. Fixed Monthly Payment As per Appendix - II

SN Stages of payment for consultant Payment Term

1 Monthly Payment (Input Based) Monthly payment of actual team

deployed under Key Team (A), Project
Implementation & Supervision Team (B)

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 and Support Staff (D) as per Form-2 will
be released monthly

2 Deliverable linked payment Total Cost of Project Design &

Development team along with Other
Project Cost will be paid as detailed below
in 2(i), (ii) & (iii):

(i) STAGE 1 20% of the total project cost

On approval of concept Plan and

submission of DPR to Funding Agency,
Sanction of DPR

(ii) STAGE 2 20% of the total quoted fees for

Architectural Services
On submission of all architectural,
Structural & GFC drawings and tender
documents

(iii). STAGE 3 30% in pro rata monthly installments of

construction period and 30% linked with
Ongoing Construction with periodic
the percentage progress of the work.
supervision

The Client shall pay to the Consultant remuneration that shall be determined on the
basis of time actually spent by each Expert in the performance of the Services duly
verified by the Authorized officer(s) to be nominated by the Tourism Department after
the date of commencing of Services or such other date as the Parties shall agree in
writing.

Modes of Billing and Payments

• As soon as practicable as and not later than fifteen (15) days after the end of
each calendar month during the period of the Services.
• The Client shall pay the Consultant’s invoices within Sixty (60) days after the
receipt by the Client of such itemized invoices with supporting documents
subject to the availability of funds. Only such portion of an invoice that is not
satisfactorily supported may be withheld from payment. Should any
discrepancy be found to exist between actual payment and costs authorized to
be incurred by the Consultant, the Client may add or subtract the difference
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from any subsequent payments. Any delay in the payment beyond the
prescribed limit of 60 days will attract a simple bank interest of J&K Bank PLR
Payable to the consultants.

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Appendices

Page 48of 79
 APPENDIX-I

(See Clause 2.1.3)

TECHNICAL PROPOSAL

Form-1

Letter of Proposal

(On Applicant’s letter head)

(Date and Reference)

To,

[ ]

Sub: Request for Proposal (RFP) for selection of technical consultant for
development of tourism projects

Dear Sir,

With reference to your RFP Document dated ……………, I/We, having

examined all relevant documents and understood their contents, hereby submit our
proposal for selection of Technical Consultants for Tourism projects .

1. The proposal is unconditional and unqualified.

2. I/We acknowledge that the Department will be relying on the information provided in
the Proposal and the documents accompanying the Proposal for selection of the
Consultant, and we certify that all information provided in the Proposal and in the
Appendices is true and correct, nothing has been omitted which renders such
information misleading; and all documents accompanying such Proposal are true
copies of their respective originals.

3. This statement is made for the express purpose of appointment as the

Consultant for the aforesaid Project.
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4. I/We shall make available to the Department any additional information it may deem
necessary or require for supplementing or authenticating the Proposal.

5. I/We acknowledge the right of the Department to reject our application without
assigning any reason or otherwise and hereby waive our right to challenge the
same on any account whatsoever.

6. I/We certify that in the last three years, we or any of our Associates have neither
failed to perform on any contract, as evidenced by imposition of a penalty by an
arbitral or judicial Department or a judicial pronouncement or arbitration award
against the Applicant, nor been expelled from any project or contract by any
public Department nor have had any contract terminated by any public
Department for breach on our part.

7. I/We declare that:

(a) I/We have examined and have no reservations to the RFP Documents, including
any Addendum issued by the Department;
(b) I/We have not directly or indirectly or through an agent engaged or indulged in
any corrupt practice, fraudulent practice, coercive practice, undesirable practice
or restrictive practice, as defined in Clause 4.3 of the RFP document, in respect
of any tender or request for proposal issued by or any agreement entered
into with the Department or any other public sector enterprise or any
government, Central or State; and
(c) I/We hereby certify that we have taken steps to ensure that in conformity with
the provisions of Section 4 of the RFP, no person acting for us or on our behalf
will engage in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice.

8. I/We understand that you may cancel the Selection Process at any time and that
you are neither bound to accept any Proposal that you may receive nor to select
the Consultant, without incurring any liability to the Applicants in accordance with
Clause 2.8 of the RFP document.

9. I/We declare that we are not a member of any other Consortium applying for
Selection as a Consultant.

10. I/We certify that in regard to matters other than security and integrity of the country,
we or any of our Associates have not been convicted by a Court of Law or
indicted or adverse orders passed by a regulatory Department which would cast a
doubt on our ability to undertake the Consultancy for the Project or which relates to
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 a grave offence that outrages the moral sense of the community.

11. I/We further certify that in regard to matters relating to security and integrity of the
country, we have not been charge-sheeted by any agency of the Government or
convicted by a Court of Law for any offence committed by us or by any of our
Associates.

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

13. I/We hereby irrevocably waive any right or remedy which we may have at any
stage at law or howsoever otherwise arising to challenge or question any decision
taken by the Department [and/ or the Government of India] in connection with the
selection of Consultant or in connection with the Selection Process itself in respect
of the above mentioned Project.

14. I/We agree and understand that the proposal is subject to the provisions of the
RFP document. In no case, shall I/we have any claim or right of whatsoever nature
if the Consultancy for the Project is not awarded to me/us or our proposal is not
opened or rejected.

15. I/We agree to keep this offer valid for 90 (ninety) days from the PDD specified in the
RFP.

16. A Power of Attorney in favour of the authorized signatory to sign and submit this
Proposal and documents is attached herewith in Form 4.

17. In the event of my/our firm being selected as the Consultant, I/we agree to enter
into an Agreement in accordance with the form at Schedule–2 of the RFP. We
agree not to seek any changes in the aforesaid form and agree to abide by the
same.

18. In the event of my/our firm being selected as the Consultant, I/we agree and
undertake to provide the services in accordance with the provisions of the RFP and
that the consultant shall be responsible for providing the agreed services himself
and not through any other person or Associate.

19. I/We have studied RFP and all other documents carefully. We understand that
except to the extent as expressly set forth in the Agreement, we shall have no claim,
right or title arising out of any documents or information provided to us by the

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 Department or in respect of any matter arising out of or concerning or relating to
the Selection Process including the award of Consultancy.

20. The Financial Proposal is being submitted in a separate cover. This Technical
Proposal read with the Financial Proposal shall constitute the Application which shall
be binding on us.

21. I/We agree and undertake to abide by all the terms and conditions of the RFP
Document.

In witness thereof, I/we submit this Proposal under and in accordance with the
terms of the RFP Document.

Yours faithfully,

(Signature, name and designation of the authorized signatory)

(Name and seal of the Applicant/ Lead Member)

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APPENDIX-I

Form-2

Particulars of the Applicant

1.1 Title of Consultancy:

1.2 Title of Project: Request for Proposal (RFP) for selection of technical
consultant for development of tourism projects

1.3 State whether applying as Sole Firm or Lead Member of a consortium:

1.4 State the following: Name of Firm:

Legal status (e.g. sole proprietorship or partnership):
Country of inDepartment:
Registered address:
Year of InDepartment:
Year of commencement of business:
Principal place of business:
Name, designation, address and phone numbers of authorized signatory of
the Applicant:
Name:
Designation:
Company: Address:
Phone No:
Fax No :
E-mail address:

(Signature, name and designation of the authorized signatory)

For and on behalf of ………………..................

Page 53of 79
APPENDIX-I
Form-3

Statement of Legal Capacity

(To be forwarded on the letter head of the Applicant)

Ref. Date:

To,

Dear Sir,

Sub: Request for Proposal (RFP) for selection of technical consultant for
development of tourism projects

I/We hereby confirm that we, the Applicant (along with other members in case of consortium,
Constitution of which has been described in the Proposal*), satisfy the terms and conditions laid
down in the RFP document.

I/We have agreed that ……………….. (insert Applicant’s name) will act as the Lead Member of
our consortium.

I/We have agreed that ……………….. (insert individual’s name) will act as our Authorised
Representative/ will act as the Authorised Representative of the consortium on our behalf and
has been duly authorized to submit our Proposal. Further, the authorised signatory is vested
with requisite powers to furnish such proposal and all other documents, information or
communication and authenticate the same.

Yours faithfully,

(Signature, name and designation of the authorised signatory

For and on behalf of ....................

*Please strike out whichever is not

applicable

Page 54of 79
 APPENDIX-I
Form-4
Power of Attorney
Know all men by these presents, We, ......................................... (name of Firm and address
of the registered office) do hereby constitute, nominate, appoint and
authorise Mr/Ms........................................ son/daughter/wife and presently residing at
..............................., who is presently employed with/ retained by us and holding the position of
.................... as our true and lawful attorney (hereinafter referred to as the “Authorised
Representative”) to do in our name and on our behalf, all such acts, deeds and things as are
necessary or required in connection with or incidental to submission of our Proposal for and
selection as the Technical Consultant for Request for Proposal (RFP) for selection of
technical consultant for development of tourism projects, proposed by the Jammu & Kashmir
Cable Car Department (the “Department”) including but not limited to signing and submission
of all applications, proposals and other documents and writings, participating in pre-bid and
other conferences and providing information/ responses to the Department, representing us in
all matters before the Department, signing and execution of all contracts and undertakings
consequent to acceptance of our proposal and generally dealing with the Department in all
matters in connection with or relating to or arising out of our Proposal for the said Project and/or
upon award thereof to us till the entering into of the Agreement with the Department.
AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or
caused to be done by our said Authorised Representative pursuant to and in exercise of the
powers conferred by this Power of Attorney and that all acts, deeds and things done by our
said Authorised Representative in exercise of the powers hereby conferred shall and shall
always be deemed to have been done by us.
IN WITNESS WHEREOF WE, .................... THE ABOVE NAMED PRINCIPAL HAVE
EXECUTED THIS POWER OF ATTORNEY ON THIS ............ DAY OF ...................., 20**

For .......................................
(Signature, name, designation and
address)
Witnesses:
1
2
Notarised
Accepted
......................................

(Signature, name, designation and address of the

Attorney)

Page 55of 79
 APPENDIX-I
Form-5
Financial Capacity of the Applicant

(Refer Clause 3)

S. No. Financial Year Annual

Revenue

2.

3.

Certificate from the Statutory Auditor

This is to certify that .................... (Name of the Applicant) has received the payments
shown above against the respective years on account of professional fees.

(Signature, name and designation of the authorized signatory)

Date: Name and seal of the audit firm:

Audited Balanced Sheet to be enclosed.

Page 56of 79
 APPENDIX-I

Form-6

Particulars of Key Personnel

Designation Name Educational Length of Present No. of

of Key Employment
S. Personnel Q ua l . Profe s s i onal Eligible
No.
Name of the Firm Employed
Experience Since As s i gnm e nts
(1) (2) (3) (4) (5) (6) (7) (8)

1.

2.

#Refer Form 8 of Appendix I Eligible Assignments of Key Personnel

Page 57of 79
 APPENDIX-I

Form-7

Abstract of Eligible Assignments of the Applicant

(Refer Clause 3.1)

S.No Name of Project Name of Client Estimated capital Professional

cost of Project (in fees received by

Rs. crore/ US$ the Applicant (in
million) Rs. crore)
(1)* (2) (3) (4) (5)
1
2
3
4
5

# The Applicant should provide details of only those assignments that have been
undertaken by it under its own name.

## Exchange rate should be taken as Rs. 70 per US $ for conversion to Rupees.

£ In the event that the Applicant does not wish to disclose the actual fee received for any
particular assignment, it may state that it has received more than the amount specified
for eligibility under this RFP. For example, it may state: “Above Rs. 5 (five) lacs in
respect of a particular project.

Page 58of 79
 APPENDIX-I

Form-8

Abstract of Eligible Assignments of Key Personnel$

(Refer Clause 3.1)

Name of Key Personnel: Designation:

S. Name of Name of Estimated Name of firm Designation Date of

No Project* Client capital cost for which the of the Key completion
of project Key Personnel Personnel on of the
(in Rs. cr./ worked the assignmen
assignment t
US$
million)
(1) (2) (3) (4) (5) (6) (7)
1
2

@ Use separate Form for each Key Personnel.

* The names and chronology of projects included here should conform to the project-wise

details submitted in Form-10 of Appendix-I.

Page 59of 79
 APPENDIX-I
Form-9
Eligible Assignments of Applicant
(Refer C l a u s e 3 . 1 . 4 )
Minimum eligibility criteria
S.No. Details Required Remarks
1 Name of the Applicant
2. Address
3. Type of Organization/type of registration certificate held
4. Registration/Ownership No.

5. Number of Partners

6. Detail of Partners
7. PAN Number
8. GST Registration Number

9. Date and Year of establishment of applicant

10 Copy of agreement in case of joint venture

Consultancy Experience (minimum 5 years)

11
yes/ no
The average annual turnover in consultancy Services* of
the bidder or the bidders (In case of JV) should be
12.a minimum Rs. 50.00 crore in last 3 Financial Years.
*Consultancy Services includes Professional
Fees/Advisory/ Consultancy/ Brokerage services
2016-17
2017-18
2018-19
Average Annual Turn Over
13 Earnest Money of Rs. 25,000.00
14 Cost of Tender document of Rs. 1,000.00
15 Any other important information about the organization
Empanelled as Consultant vide List issued vide no F No 29-
16.
61/2016-C; Dated 13.03.2018
(Signature and Name of the Authorized firm/JV)

Enclosed:-

• PAN Card
• GST
• Registration
• JV Agreement ( if any)
• Turn over Certificate
• Tender Fee Challan of Rs.1,000/-
• EMD in DD shape of Rs.25,000/-
Notes:
1. Use separate sheet for each Eligible Assignment.
2. Exchange rate should be taken as Rs.70 per US $ for converting to Rupees.
3. In the event that the Applicant does not wish to disclose the payment received by it as professional fees for any
particular assignment, it may state that it has received more than the amount specified in this statement.

Page 60of 79
 APPENDIX-I
Form-10
Eligible Assignments of Key Personnel
(Refer Clause 3.1.4)
Name of Key Personnel:
Designation of Key Personnel:
Name of the Project:
Project particulars:
Name of Consulting Firm where
employed:
Description of services performed by the
Key Personnel (including designation):
Name of client and Address:
Name, telephone no. and fax no. of
client’s representative:
Estimated capital cost of the Project
(in Rs crore or US$ million):
Start date and finish date of the services
(month/ year):
Brief description of the Project:

Notes:

1. Use separate sheet for each Eligible Assignment.

2. Exchange rate should be taken as Rs. 70 per US $ for converting in Indian Rupees.

Page 61of 79
 APPENDIX-I
Form-11
Curriculum Vitae (CV) of Professional Personnel
1. Proposed Position:

2. Name of Personnel:

3. Date of Birth:

4. Nationality:

5. Educational Qualifications:

6. Employment Record:

(Starting with present position, list in reverse order every employment held.)

7. List of projects on which the Personnel has worked

Name of Project Description of responsibilities

Certification:

1 I am willing to work on the Project and I will be available for entire duration of
the Project assignment as required.

2 I, the undersigned, certify that to the best of my knowledge and belief, this CV
correctly describes my qualifications, my experience and me.

Place.............................. (Signature and name of the Professional Personnel)

(Signature and name of the authorised signatory of the Applicant)

Notes:

1 Use separate form for each Key Personnel and Professional Personnel.

2 The names and chronology of assignments included here should conform to the project-
wise details submitted in Form-8 or Form-8A, as the case may be, of Appendix-I.

3. Each page of the CV shall be signed in ink by both the Personnel concerned and by
the Authorised Representative of the Applicant firm along with the seal of the firm.
Photocopies will not be considered for evaluation.

Page 62 of 79
 APPENDIX-I

Form-12

Proposal for Sub-Consultant(s)

1. Details of the Firm

Firm’s Name, Address and Telephone

Name and Telephone No. of the Contact

Person
Fields of Expertise

No. of Years in business in the above Fields

2. Services that are proposed to be sub contracted:

3. Person who will lead the Sub-Consultant

Name:
Design
ation:
Teleph
one
No:
Email:
4. Details of Firm’s previous experience
Name of Name, address and Total Value Duration Date of
Work telephone no. of of Services of Completion of
Client Performed Services services

1.

2.

3.

(Signature and name of the authorized signatory)

Notes:

1. The Proposal for Sub-Consultant shall be accompanied by the details specified in Forms 10,
10A and 11 of Appendix –I.

2. Use separate form for each Sub-Consultant.

Page 63 of 79
 APPENDIX-II
FINANCIAL PROPOSAL

Form-1
Covering L e t t e r

(On Applicant’s letter head)

(Date and Reference)

To,

Sub: Request for Proposal (RFP) for selection of technical consultant for development of tourism

projects

Dear Sir,

Subject: Selection of Technical Consultants for Tourism Projects

I/We, ......................... (Applicant’s name) herewith enclose the Financial Proposal for selection of
my/our firm as Consultant for development of Tourism projects for above.

I/We agree that this offer shall remain valid for a period of 90 (ninety) days from the Proposal Due
Date or such further period as may be mutually agreed upon.

Yours faithfully,

(Signature, name and designation of the authorized signatory)

Note: The Financial Proposal is to be submitted strictly as per forms given in the RFP.

Page 64 of 79
 APPENDIX-II

(See Clause 2.1.3)

Form-2

Financial Proposal

Item Description Total Amount

No. In Figures In Words
Sum of Remunerations and Other
Project Expenses
A PROFESSIONAL FEE OF THE
SERVICES inclusive of all expenses
but exclusive of applicable statutory
taxes

Remuneration

Man Monthly Rate Amount

SN Key Personnel Name (INR)
Months (INR)

A. Key Experts (Core Team for Project Management) (CVs of only Core Team
will be evaluated at the time of Technical Evaluation)
1 Team Leader cum Project
36
Management Specialist
2 Deputy Team Leader cum Program
36
Manager
3 Infrastructure Specialist
36
4 Procurement / Legal Expert
24
5 MIS, IT and e-Gov. Expert
36
6 Urban Designer
24
7 Heritage Management Expert
24
8 Eco-Tourism Planner
24

Page 65 of 79
 Man Monthly Rate Amount
SN Key Personnel Name (INR)
Months (INR)

9 Adventure Tourism Expert

24
10 Community Development Specialist
24
B. Project Design & Development Team

1 Urban Planner
24
2 Civil Engineer
24
3 Landscape Architect
12
4 Electrical Engineer
12
5 Solid Waste Management Expert/
12
Environment Management Expert
6 Structural Engineer
24
7 IT Expert
24
8 GIS & Remote Sensing Expert
12
9 PPP Expert
12
10 Financial Management Specialist
24
C. Support Staff for Project Implementation and Supervision

1 Construction Manager (4 No.)

96
2 Urban Planner (4 No.)
96
3 Senior Architect (4 No.)
96
4 Engineering Associate (6 No.)
144
5 Marketing & Promotion Specialist (2
18
No.)
D. Support Staffs
1 Office Manager (1)
36
2 Computer operator (1)
36
3 CAD Operator (1)
36

Page 66 of 79
 Man Monthly Rate Amount
SN Key Personnel Name (INR)
Months (INR)

4 Office Boy (2)

36
5 Guard (2)
36
6 Accountant/ Cashier
36
E. OTHER PROJECT EXPENSES like Per
diem allowance, Cost of office rent,
operation, Local Transportation,
Cost of Reports Production, Survey, 36
Tests, Investigation and Reports,
Other Allowances if any etc.

TOTAL
1170

Page 67 of 79
OMITTED

Page 68 of 79
 Appendix-III

. (To be submitted with Technical Proposal)

Expertise:

S.No. Name of the State Name of the Project Client’s Name

(Signature and Name of the Authorized Person)

Page 69 of 79
 Appendix-III (A)

(To be submitted with Technical Bid)

Summary of Core Team Professionals

S.No. Name of Expert Position Qualifications Experience

(Signature and Name of the Authorized Person)

Page 70 of 79
 Appendix IV

BANK GUARANTEE FORMAT

Ref: Name of the Work

TCN No: ………………… Date: …………………

WHEREAS ……………………..(hereinafter called “the Bidder”) has/have submitted his/their bid

dated ……………………. For ……….(herein after called “the Bid”)

KNOWN ALL MEN by these presents that we ……………….of……………….having our

registered office at ………………(hereinafter called “the Bank”) are bound onto XXXX
(hereinafter called XXXX) in the sum of Rs …………….(Rupees……………..) only for which
payment will and truly to be made to the said purchaser, the bank binds itself, its successors
and assigns by these presents, sealed with common seal of the Bank this ……….day of
………..20…..

THE CONDITIONS under which the BG shall be invoked are under

1.
2.
3.
We undertake to pay to XXX the above amount according to and upon receipt of their first
written demand without XXXX having to substantiate their demand, provided that in their
demand XXXX will note that the amount claimed by them is due to them owing to the
occurrence of any or all of the above stated conditions specifying the occurred conditions or
conditions.
This Bank Guarantee shall be payable at (Detail Postal Address of the Branch with code no
where payable).
THIS GUARANTEE will remain in force upto and including dt…………. And any demand in
respect thereof should reach the Bank not later than such date.
The above reference (TCN No.) must be used for all correspondences on this bank Guarantee.

Name of the Bank

By………………..
Title
Authorized Representation

Signature of Witness
Name & Address of Witness

Page 71 of 79
 Appendix V
Code of Integrity
(On Applicant’s letter head)

(Date and Reference)

To,

Sub: Request for Proposal (RFP) for selection of technical consultant for development of tourism
projects

Dear Sir,

Subject: Selection of Technical Consultants for Tourism Projects

I---------------do hereby declare that if his/her firm/ consultant Agency has been found engage in
any corrupt/fraudulent/ anticompetitive/ coercive/ undesirable practices, its name its name is not
only liable to be removed from the list of registered suppliers/contractors/ consultants/service
providers, but it would be liable for other punitive actions such as cancellation of contracts,
banning and blacklisting or action in Competition Commission of India.

Yours faithfully,

Seal, Signature, name and designation of the authorized signatory)

Page 72 of 79
 (Appendix VI)
FORM OF AGREEMENT

FOR PREPARATION OF NOMINATION DOSSIER FOR APPOINTMENT OF CONSULTANT

TO DEVELOP THEME-BASED/CIRCUIT BASED TOURISM.

This AGREEMENT (hereinafter call the “Agreement”) is made on the ___________________day

of the month of ____________2019, between, on the one hand , the Lieutenant Governor of UT
of Jammu & Kashmir, Tourism Department J&K, having it’s registered office at
____________________________________________________(hereinafter called the
“Authority” which expression shall include their respective successors and permitted assigns,
unless the context otherwise requires) and, on the other hand
___________________________having it’s registered office at
___________________(hereinafter called the “Consultant” which expression shall include their
respective successors and permitted assigns).

WHEREAS

A) The Authority vide its Request for proposal for selection of consultant for
preparation of Nomination dossier covering various theme-based/circuit based
tourism projects. (hereinafter called the “Consultancy”);

B) The consultant submitted its bids for the aforesaid work, whereby the consultant
represented to the Authority that it had the required professional skills, and in the
said proposals the consultant also Agreed to provide the Services to the Authority
on the terms and conditions as set forth in the RFP and this Agreement ; and

C) The authority , on acceptance of the aforesaid proposals of the Consultant,

awarded the Consultancy to the Consultant vide its Letter of Award
dated________________(the “LOA”);and

D) In pursuance of the LOA, the parties have agreed to enter into this Agreement.
NOW, THEREFORE, the parties hereto hereby agree as follows:

1. GENERAL
1.1 Definitions and Interpretation

1.1.1 The words and expressions beginning with capital letters and defined in this
Agreement shall, unless the context otherwise requires, have the meaning
hereinafter respectively assigned to them:
(a) “Agreement” means this Agreement , together with all the Annexes;
(b) “Applicable Laws” means the laws prevalent in the state of J&K, as they may be
issued and in force from time to time;
(c) “Confidential information” shall have the meaning set forth in Clause 2.22 read
with the provisions of RFP;
(d) “Conflict of Interest” shall have the meaning set forth in Clause 4.3 read with the
provisions of RFP;
(e) “Dispute” shall have the meaning set forth in Clause 2.83 of the Agreement;

Page 73 of 79
 (f) “Effective Date” means the date on which this Agreement comes into force and
effect pursuant to clause 2.28 read with the provisions of RFP;
(g) “Government “means the government of Jammu and Kashmir;
(h) “INR, Re.or RS.” means Indian Rupees;
(i) “Party” means the Authority or the Consultant, as the case may be , and Parties
means both of them;
(j) “Personnel” means persons hired by the Consultant or by any Sub –Consultant
thereof;
(k) “RFP” means the request for Proposal document in response to which the
consultant’s proposal for providing Services was Accepted;
(l) “Services” means the work to be performed by the consultant pursuant to this
Agreement, as described in the Terms of Reference hereto;
(m) “Sub- Consultant” means any entity to which the Consultant subcontracts any
party of the services in accordance with the provisions of Clause 1.2; read with
the provision of RFP;and
(n) “Third Party “means any person or entity other than the Government, the
Authority, the Consultant or a Sub- Consultant.

All terms and words not defined herein shall, unless the context otherwise requires, have
the meaning assigned to them in the RFP.

1.1.2 The following documents along with all addenda issued thereto shall be deemed to form and
be read and construed as integral parts of this Agreement and in case of any contradiction
between or among them the priority in which a document would prevail over another would
be as aid down below beginning form the highest priority to the lowest priority:
(a) Agreement;
(b) Annexes of Agreement;
(c) RFP; and
(d) Letter of Award.

1.2 Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of master and

servant or of agent and principal as between the Authority and the Consultant. The
Consultant shall, subject to this Agreement, have complete charge of Personal
performing the Services and shall be fully responsible for the Services performed by
them or on their behalf hereunder.

1.3 Rights and obligations

The mutual rights and Obligations of the Authority and the Consultant shall be as set
forth in the Agreement, in particular:
(a) The Consultant shall carry out the services in accordance with the provisions of the
Agreement; and

(b) The Authority shall make payments to the consultant in with the provisions of the
Agreement.

Page 74 of 79
1.4 Governing law and jurisdiction
This Agreement shall be construed and interpreted in accordance with and governed by
the laws prevalent in J&K and other central laws applicable to the state of J&K, and the
courts at Jammu & Kashmir shall have exclusive jurisdiction over matters arising out of
or relating to this Agreement.

1.5 language
All notices required to be given by one Party to the other party and all other
communications, documentation and proceedings which are in any way relevant to this
Agreement shall be in writing and in English language.

1.6 Table of contents and headings

The table of contents, headings or sub-headings in this Agreement is for convenience
of reference only and shall not be used in, and shall not affect, the construction or
interpretation of this Agreement.

1.7 Notices
Any notice or other communication to be given by any Party to the other Party under or
in connection with the matters contemplated by this Agreement shall be in writing and
shall:

(a) In the case of the consultant, be given by facsimile or e-mail and by letter delivered
by hand to the address given and marked for attention of the Consultant’s
Representative set out below in Clause 1.10 or to such other person as the
Consultant may from time to time designate by notice to the Authority;

(b) In the case of the Authority, be given by facsimile or e-mail and by letter delivered
by hand and be addressed to the Authority with a copy delivered to the Authority
Representative set out below in Clause 1.10 or to such other person as the
Authority may from time to time designate by notice to the Consultant; provided that
if the Consultant does not have an office in Jammu & Kashmir it may send such
notice by facsimile or e-mail and by registered acknowledgement due, air mail or by
courier; and

(c) Any notice or communication by a Party to the other party, given in accordance
herewith, shall be deemed to have been delivered when in the normal course of
post it ought to have been delivered and in all other cases, it shall be deemed to
have been delivered on the actual date and time of delivery; provided that in the
case of facsimile or e-mail, it shall be deemed to have been delivered on the
working days following the date of its delivery.

1.8 Location
The services shall be performed at the site of the project in accordance with the
provisions of RFP and at such location as are incidental thereto, including the offices of
the Consultant.

1.9 Authority of Member-in-charge

In case the Consultant employs sub-consultants, the parties agree that the Consultant

Page 75 of 79
 himself shall act on behalf of such sub-consultants in exercising all the consultant’s
rights and obligations towards the Authority under this agreement, including without
limitation the receiving of instructions and payments from the Authority.
1.10 Authorized Representatives
1.10.1 Any action required or permitted to be taken, and any document required or
permitted to be executed, under this Agreement by the Authority or the
consultant, as the case may be, may be taken or executed by the officials
specified in this Clause1.10.
1.10.2 The Authority may, from time to time, designate one of its officials as the
Authority Representative. Unless otherwise notified, the Authority Representative
shall be:
**********
**********
**********
*********
Tel:*********Fax:******** E-Mail:************
1.10.3 The Consultant may designate one of its employees as consultant’s
Representative. Unless otherwise notified, the Consultant’s Representative shall
be:
------------------------
------------------------
Name:----------------
Telephone:-----------
Mobile:-----------------
Fax:----------------------
Email:-----------------------
1.11 Taxes and Duties
Unless otherwise specified in the Agreement, the Consultant shall pay all such taxes,
duties, fees and other impositions as may be levied under the Applicable laws and the
Authority shall perform such duties in regard to the deduction of such taxes as may be
lawfully imposed on it.
2. COMMENCEMENT , COMPLETION AND TERMINATION OF AGREEMENT
2.1 Effectiveness of Agreement
This Agreement shall come into force and effect on the date of this Agreement
(“Effective Date”)
2.2 Commencement of Services
The Consultant shall commence the Services immediately from the Effective date,
unless otherwise agreed by the parties.
2.3 Termination of Agreement for failure to commence services
If the consultant does not commence the Services within the period specified in Clause
2.2 above, the Authority may not less than 2 (two) weeks’ notice to the Consultant,
Declare this Agreement to be null and void , in the event of such a declaration, the Bid
Security of the Consultant shall stand forfeited.

2.4 Expiration of Agreement

Unless terminated earlier pursuant to Clause 2.30, 2.31 and 2.32 (read with the

Page 76 of 79
 provision of RFP) hereof, this Agreement shall, unless extended by the parties by
mutual consent, expire upon expiry of a period of 180 (One Hundred And Eighty) days
after the delivery of the deliverables to the Authority, unless the additional slum pockets
are allotted to the consultant. Upon Termination, the Authority shall make payments of
all amounts due to the consultant hereunder and shall return the performance Security.

2.5 Entire Agreement

2.5.1 This Agreement and the Annexes together constitute a compete and exclusive
statement of the terms of the agreement between the parties on the subject hereof,
and no amendment or modification hereto shall be valid and effective unless such
modification or amendment is agreed to in writing by the parties and duly executed
by persons especially empowered in this behalf by the respective parties. All Prior
written or oral understandings, offer or other communications of every kind
pertaining to this Agreement are abrogated and withdrawn; provided, however, that
the obligations of the consultant arising out of the provisions of the RFP shall
continue to subsist and shall be deemed to form part of this Agreement.

2.5.2 Without prejudice to the Generality of the provisions of Clause 2.5.1, on matters not
covered by this Agreement, the provisions of RFP shall apply.

2.6 Modification of Agreement

Modification of the terms and conditions of this Agreement, including any modification
of the scope of the Services, may only be made by written agreement between the
parties.

2.7 Sub-consultants
The Consultant may, with prior written approval of the Authority, engage sub-
Consultants or substitute an existing Sub-Consultant. However, for all the works, the
Consultant shall be responsible to the Authority.

2.8 Arbitration and Settlement of Disputes

2.8.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising
out of or in connection with the agreement or the interpretation thereof.
2.8.2 Conciliation
In the event of any dispute between the Parties, either Party may call upon
Director Planning, Tourism Department Jammu/ Srinagar and the Team
leader of the Consultant or a substitute thereof for amicable settlement, and
upon such reference, the said persons shall meet no later than 10(Ten) days
from the date of reference to discuss and attempt to amicably resolve the
Dispute. If such meeting does not take place within the 10(Ten) days period or
the Dispute is not resolved as evidence by the sighing of written terms of
settlement within 30 (Thirty) days of the notice in writing referred to in Clause
2.8.3(a-b) read with the provision of RFP) or such longer period as may be
mutually agreed by the Parties, either Party may refer the Dispute to
arbitration in accordance with the provisions of Clause 2.8.3(c-g) (read with
the provision of RFP).

Page 77 of 79
2.8.3 Dispute resolution

(a) Any Dispute, difference of controversy of whatever nature howsoever arising under or out
of or in relation to this Agreement including its interpretation between the Parties, and so
notified in writing by either party to the other Party the “Dispute”) shall, in the first instance,
be attempted to be resolved amicably in accordance with the conciliation procedure set
forth in Clause 2.8.2.

b) The Parties agree to use their best efforts for resolving all disputes arising under or in
respect of this Agreement promptly, equitably and in good faith, and further agree to
provide each other with reasonable access during normal business hours to all non-
privileged records, information and data pertaining to any Dispute.

c) Any Dispute which is not resolved amicably by conciliation as provided in clause 2.8.2 of
the Agreement shall be finally decided by reference to arbitration by appointment of an
Arbitral Tribunal. Such Arbitration shall be held in accordance with the J&K Arbitration and
Conciliation Act. 1997 or any other relevant Act for the same or such other rules as may
be mutually agreed by the parties, and shall be subject to the provisions of the J&K
Arbitration and Conciliation Act. 1997. The place of such arbitration shall be the capital of
the State where the Authority has its headquarters and the language of arbitration
proceedings shall be English.

(d) There shall be an Arbitral Tribunal of three arbitrators, whom each party shall select one,
and the third arbitrator shall be appointed by the two arbitrators so selected, and in the
event of disagreement between the two arbitrators, the appointment shall be made in
accordance with the Rules.

(e) The Arbitrator shall make a reasoned award (the “Award”). Any award made in any
arbitration held pursuant to this Clause 2.8 shall be final and binding on the parties as from
the date it is made, and the Consultant and the Authority agree and undertake to carry out
such Award without delay.

(f) The consultant and the Authority agree that an Award may be enforced against the
Consultant and/or the Authority, as the case may be, and their respective assets whatever
situated.

(g) This Agreement and the rights and obligations of the parties shall remain in full force and
effect, pending the Award in any in any arbitration proceeding hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed in
their respective names as of the day and year first above written.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

Page 78 of 79
For and on behalf of for and on behalf of
Consultant: [Authority]
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
(Fax No.) (Fax No.)

In the presence of:

1 2.

Page 79 of 79
 Signature Not Verified
Digitally signed by PARVAIZ SAJAD KAKROO
Date: 2019.11.22 13:30:09 IST
Page 80 of 79 Location: Jammu and Kashmir-JK