INVITATION FOR PREQUALIFICATION BIDS

for setting up

LIGHT AND SOUND SHOW PROJECTS

at

Residency (Lucknow), Sarnath(Varanasi),

Ghats of Varanasi and Ayodhya (Faizabad)

& Upgradation of SEL Show at Agra Fort

on

TURNKEY BASIS

from

CONCEPTUALISATION to COMMISSIONING.

UTTAR PRADESH STATE TOURISM DEVELOPMENT CORPORATION LTD.

(UPSTDC Ltd.- A Govt. of U.P. Undertaking)

SECTION -I

INVITATION FOR BIDS (IFB)

1.0 UPSTDC Ltd. intends to Implement Light and Sound show projects at Residency (Lucknow), Sarnath (Varanasi), Ghats of Varanasi and Ayodhya (Faizabad) & Upgradation of SEL Show at Agra Fort 2.0

Managing Director of UPSTDC Ltd. invites bids under three-bid system consisting of (I) Pre-qualification bid (II) Techno- creative Bid and (III) Price Bid, for Implementing Light and Sound show at the above mentioned locations as detailed below:

Tender No:

1. Name of Work Conceptualisation, Design, Supply, Installation, Testing and

Commissioning of light and sound show at the locations as mentioned above

2. Estimated Amount Approximately between Rs.3.00 Crore to Rs.5.00 Crore

3. Earnest Money Deposit (EMD)

Rs.12,50,000/- for all five combined bids or Rs.2,50,000/- for each individual bid.

4. Tender Submission Fee Rs.10,000/- for individual bids and Rs.50,000 for all the five bids together

5. Period of completion 8 -10 months

6. Tender documents Can be downloaded from our website- www.up-tourism.com

7. Last date and time of Receipt of 15th, December, 2014, 1500 hrs Tender/Bids

8. Date and Time of Opening of Tender 15th December, 2014, 1700 hrs

9. Form of Contract Lumpsum

10 Pre-bid meeting Venue, Date & Time

Conference Hall, 4th Floor, Paryatan Bhawan, C-13, Vipin Khand, Gomti Nagar, Lucknow- 226010. 03 Dec.,2014 11:00 hrs

3.0 Contractors having minimum financial and technical capabilities as specified will be

eligible to bid for the work. Interested bidders may obtain further information from UPSTDC Ltd. at the address given above.

4.0 Tender documents and tender schedule may be downloaded free of cost from our

Website- www.up-tourism.com. A bid submission fee of Rs.10,000/- for individual bids and Rs.50,000 for all the five bids together shall be remitted to UPSTDC Ltd.

5.0 All bid/tender documents are to be submitted to the UPSTDC Ltd. office in sealed

covers on or before the last date of submission. 6.0 The scanned copies of attested company registration certificate, EMD Exemption

Certificate (if any), VAT, PAN, Service Tax Registration Nos. shall be submitted in concerned covers and should reach the UPSTDC Ltd. office on or before the time fixed for technically bid opening, failing to which, the bid is liable to be rejected without any notice. More details on EMD & Cost of tender document/bid submission fee are mentioned in this document.

7.0 The bids shall be opened at the above office of the UPSTDC Ltd., Lucknow on 15th

December, 2014 at 1700 hrs in the presence of the Bidders/ their representatives who wish to attend at the above address. If the tender opening date happens to be on a holiday or non-working day due to any other valid reason, the tender opening process will be done on the next working day at the same time and place.

Sd/-

Date: Managing Director UPSTDC LTD.

SECTION II

INSTRUCTIONS TO BIDDERS (ITB)

A. GENERAL 1.0 SCOPE OF BID

UPSTDC Ltd., Lucknow (hereinafter referred to as Employer in these documents) acting through Managing Director, UPSTDC Ltd., invites bids for the Works (as defined in these documents and referred to as “the works”) detailed in clause 2.0 of IFB.

1.1 The scope of work in this package consists of Conceptualisation, Design, Supply, Installation, Testing and Commissioning of Light and Sound show projects at Residency (Lucknow), Sarnath (Varanasi), Ghats of Varanasi and Ayodhya (Faizabad), Upgradation of SEL Show at Agra Fort

1.2 The successful bidder will be expected to complete the works by the intended completion date specified in the Contract data. 2.0 ELIGIBLE BIDDERS

The contractor for this contract will be considered only from those bidders (proprietorship firms, partnership firms, companies, corporations, consortium or joint ventures) who meet the requisite eligibility criteria prescribed as under:

a. In case of a JV or consortium, both the members of the group shall be jointly and

severely liable for the performance of the whole contract.

b. A non-Indian firm is permitted to participate in the tender only in a consortium arrangement or Joint venture with their wholly owned Indian subsidiary registered in India under Companies Act-1956 or any other Indian firm having minimum participation interest of 26%.

c. A bidder shall submit only one bid in the same tendering process, either individually

as a bidder or as a partner of a JV. A bidder who submits or participate in more than one bid will cause all of the proposals in which the bidder has participated to be disqualified. No bidder can be a subcontractor while submitting a bid individually or as a partner of a JV in the same bidding process.

d. A bidder shall not have a conflict of interest. All bidders found to have a conflict of

interest shall be disqualified. A bidder may be considered to have a conflict of interest with one or more parties in the bidding process if i) A bidder has been engaged by the Client to provide consulting services for the

preparation related to procurement for or implementation of the project; ii) A bidder is any associates/affiliates (inclusive of parent firm) mentioned in sub

para (i) above

iii) A bidder lends or temporarily seconds its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project, if the personnel would be involved in any capacity on the same project.

e. A firm who has purchased the bid document in their name can submit the tender

either as individual firm or in joint venture/consortium, with maximum three partners for the purpose of setting up the light and sound show projects. However in case of JV/consortium the partners, the respective eligibility criteria shall be met by the consortium/JV partners. In case of a single bidder, the eligibility criteria shall be met by the bidder himself.

3.0 ELIGIBILITY CRITERIA OF THE BIDDERS IS GIVEN BELOW:

1. Intending bidder must have either satisfactorily completed or awarded one similar work of using advanced technologies or have an experienced team having track record of completing minimum 2 such projects. Teams having such experience shall produce documentary evidence such as completion letter.

2. Intending bidder must have in-house capabilities or tie-up with outside agency,

for designing of sound/audio and lighting for such and similar projects. In case of outside agency tie-up the total responsibility for project executing shall be on the intended bidder and he has to disclose his terms of arrangements with outside agency.

3. Intending bidder shall use maximum energy saving light fixtures such as LED

lights and other equipments and such LED lights shall have approval from UPPWD under category AAA

4. The bidder should not have abandoned any of their contracts for Department of

Tourism, Govt. of Uttar Pradesh or any other public sector undertakings during the last five years.

5. Average Annual turnover of the tenderer shall be more than 30% of the PAC

value during the last three financial years (2010-11, 2011-12, 2012-13). A. In Case of JV/Consortium:

1. One of the JV partner should have the above eligibility criteria nos.1 to 4.

2. In case of JV/Consortium, the bidder who is intending to carry out the work should have the technical expertise and or the technical team.

4. Members of the Consortium shall nominate one member as the Lead Member. The

nomination shall be supported by a Power of Attorney as per the format enclosed in Appendix J signed by all the members.

B. Unless the Consortium Bidder is a corporate entity constituted under the Companies Act, 1956, as on the date of Application, members of the Consortium shall enter into a Memorandum of Understanding (the “MOU”) for the purpose of making the Application. The MOU shall also clearly outline the proposed roles and responsibilities of each member at each stage in the lifecycle of the Project. A copy of the MOU or the existing Shareholders’ agreement (providing the details as required from the MOU) as the case may be shall be submitted along with the Application. The MOU entered-into among the members of the Consortium should contain the above requirements failing which the Application shall be rejected as non-responsive. The MOU, or the Shareholders’ Agreement as the case may be, shall be governed by the laws, rules and regulations of India and would be subject to jurisdiction of Indian Courts only.

Notes:

A) The bidder shall submit details of work executed by them in the prescribed forms

attached with this bid for the works to be considered for qualification of the work experience/prequalification.

Documentary proof such as completion certificate from the client, job contract order or appreciation letters for such work should be submitted along with the bid. The documents submitted without documentary evidences will not be considered/ evaluated.

The consultant/Client will have the right to verify the experience certificates or any such other documents submitted.

a) Financial data for latest 3 years has to be submitted by bidders in the format specified

in the schedules along with the audited Balance Sheets. In case of Consortium/JV one of the consortium members shall submit the same.

b) If Audited Balance Sheet of any other year than the last financial year is not

submitted, the application will be considered as Non-responsive.

The bid submission of bidder, who do not qualify the eligibility criteria & bid capacity criteria stipulated in the clauses herein above, shall not be considered for further evaluation and therefore rejected. The mere fact that the bidder is qualified as mentioned in sub clause herein above shall not imply that his bid shall automatically be accepted. The same should contain all technical data as required for consideration of bid prescribed in the tender. A list of key persons in the bidder’s organization, along with their communication details and telephone/ fax numbers etc. shall be furnished along with tender (in envelope marked “Part2”) for expeditious approval.

All the list of documents to establish the qualifying requirements shall essentially have the minimum details as under:

1. Name and address and other details of the awarding customer 2. Contract reference number and date 3. Complete scope of work against the contract 4. Initial value of the contract 5. Initial completion period of the contract 6. Final value of the contract 7. Final date of completion of the contract

It would be reasonable to presume that the bidder shall tabulate the above information and submit along with the copies of original documents from their customers, to make expeditious selection.

4.0 BID SUBMISSION

All bidders shall include the following information and documents with their bids in Volume- I.

(i) Copies of original documents defining the constitution or legal status, place of

registration, principal place of business, written Power of Attorney to the signatory of the bid to commit the bidder. (SCHEDULE-A)

(ii) Financial statements - Report of the financial standing of the bidder such as Profit and Loss statement and Auditor’s report for the past three years. (SCHEDULE-B)

(iii) Details of experience of light and sound works executed or in hand

(SCHEDULE-C)

(iv) Information regarding any litigation current or during the last five years in which the bidder is involved, the parties concerned and dispute amounts.- (SCHEDULE -D)

(v) Proposal for sub-contracting components of the works amounting to more than 10% of the Contract Price (SCHEDULE -E) In no case the Contractor will be permitted to sublet more than 50 % of value of work including those to specialised sub-contractors.

(vi) Qualification and experience of key site management and technical personnel

proposed for the contract. (SCHEDULE- F)

(vii) Affidavit in the format indicated (SCHEDULE –G)

(viii) Format for power of attorney for lead member of consortium applicant (SCHEDULE –H)

(ix) Any additional information as considered relevant by the bidder. (x) Details regarding the credentials of the person/firm who has been

retained for the preparation of detailed design of the proposed work.

In order to assess the suitability and competence of the Bidders; information in respect of the above aspects is required in the prescribed forms provided in the SCHEDULES.

Bidders providing full and detailed information would be evaluated for responsiveness. Incomplete and inadequate information would limit the possible score and may lead to the disqualification of the bidder. It shall be the sole responsibility of the bidder to provide all the relevant information. The evaluation and award criteria shall be as described in ITB.

The bid should be submitted in three cover system at UPSTDC office in Lucknow in relevant covers only, by the due date and time. Offers sent through Fax, E-Mail will not be considered.

The bidders are requested to submit all the required documents for pre qualification and the price bid in the appropriate covers provided.

The offer shall be valid for 60 days from the tender opening date. The firm period of a tender is the period from, the date of opening of the tender to the date upto which the offer given in the tender is binding on the bidder. The firm period is fixed as the maximum time required within which a decision can be taken on the tender and order of acceptance issued in writing to the bidder which shall not exceed two months in the normal course. The consideration of tenders and decision there on shall be completed well before the date of expiry of the firm period noted in the tender so that the letter of acceptance is sent before the expiry of the firm period. If delay is anticipated, the officer who invited the tenders shall get the consent of the lowest two bidders for extending the firm period by one month or more as required. In case the lowest or any bidder refuses to extend the firm period that tender cannot be considered. All officers concerned with the consideration of tenders, shall deal with them expeditiously to settle the contract before the expiry of the firm period.

After the public opening of the tenders, the information relating to the examination, Clarification, evaluation and comparison of tenders and recommendations concerning the award of Contract all shall be online of UPSTDC website.

Subject to ACCEPTING AUTHORITY’s right to accept any tender and reject any or all tenders; the work will be awarded to the tenderer whose bid has been determined to be substantially responsive to the tender documents and who has offered the best suitable and feasible project plan provided further that the tenderer has the capability and resources to carry out the contract effectively.

Prior to the expiry of the period of validity of the tender ACCEPTING AUTHORITY will notify the successful tenderers in writing their name the sum which ACCEPTING AUTHORITY will pay to the contractor in consideration of the execution completion, operation, maintenance and guarantee of the work by the contractor as specified by the contract (hereinafter called the contract price). This letter of acceptance will constitute the formation of a contract.

Tenders not properly filled, mutilated with incorrect calculations or generally not complying with the conditions are susceptible to be rejected.

If the tender is made by an individual it shall be signed with his full name and his complete address shall be given. If it is made by partnership firm it shall be signed with the co-partnership name by a member of the firm who shall sign his own name and give the name and address of each partner of the firm and attach a copy of ‘Power of Attorney’ with the tender authorising him to sign on behalf of the other partners. A certified copy of the ‘Registered Partnership Deed’ shall also be submitted along with the tender. A certified copy of the registered deed shall also be submitted along with the tender. The tender should be in a sealed cover.

5.0 SITE VISIT

The bidder, at the bidders own responsibility and risk is encouraged to visit and examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the works. The costs of visiting the site and collecting the necessary information shall be at the cost of the Bidder. The firm shall be responsible to take permission of work and approval of script from ASI Department.

6.0 EMD

The EMD of Rs 12,50,000/- for all five projects or Rs.2,50,000/- for each project shall be remitted to UPSTDC. Bidders claiming EMD exemption certificate/document needs to be scanned and submitted along with the bid, failing which, the bid shall be rejected summarily. The original EMD exemption document may have to be produced, if called for by UPSTDC, failing which, the bid shall be rejected summarily.

EMD deposited with ACCEPTING AUTHORITY will be forfeited,

i) if a bidder withdraws his bid during the period of validity specified. ii) if the successful bidder fails within the time limit to sign the contract document or

fails to furnish the required security deposit.

7.0 PAYMENS TERMS: 1. A mobilisation advance of 20 % of the contract value will be paid to the

successful bidder. 2. Running bills of material supply and creative work bills will be paid after

due verification

8.0 SECURITY DEPOSIT The successful bidders EMD amount will be kept as security deposit. Bidders having exemption of EMD shall be liable to pay the equal amount of EMD as security deposit by crossed demand draft or BG drawn in favour of UPSTDC payable at Lucknow.

8.1 RETENTION MONEY

Retention Money at the rate of 5% of the value of work done from each running bill will be deducted from first and following part bills until such time as the cumulative total of such deductions shall amount to 5 % of the Contract value.

All the deposits of EMD, SECURITY DEPOSIT and RETENTION MONEY will not bear any interest whatsoever.

9.0 REFUND OF SECURITY DEPOSIT & RETENTION MONEY

On satisfactory completion of the work and on recording of completion certificate, the retention money will be released based on the report from the Engineer-in-charge.

After Six Months from the date of completion of defects liability period or on payment of the amount of the Final Bill whichever is later, the Engineer-in-charge, shall recommend on demand from the Contractor to refund to him the security deposit and retention money and the same will be refunded by the UPSTDC provided that the Engineer-in-charge is satisfied that there is no demand outstanding against the Contractor.

10.0 STATUTORY DEDUCTIONS

Income-tax at the rate prevailing at the time of payment will be deducted from each running account bill and final bill.

All statutory payments in connection with the employment of the workmen for this work will be borne by the Contractor.

All statutory deductions shall be made from the amount eligible to the Contractor in each part bill at current rates.

11.0 ALL INCLUSIVE RATES The quoted rate of Contractor must be firm and shall be inclusive of cost of transportation of material to the site and all currently applicable taxes and duties.

The rates quoted by the Contractor shall be firm throughout the Contract period and there shall be no upward revision of the rates quoted by the Contractor for any reasons whatsoever. However any statutory increase in Sales Tax, Excise duty, or any Additional tax, etc., shall be paid to the contractor.

12.0 SERVICE TAX IF APPLICABLE

Service tax if applicable for the Work Contract/Job will be paid to the Contractor/Paid by UPSTDC to the department as required under statute as per new service tax rules effective from 01.07.2012.

The tenderer shall clearly indicate their service tax registration number and service tax category in the bid. The service tax shall be paid to the contractor for the work contracts the service tax applicable, only if a proper invoice addressed to Accepting

Authority/Client is given with details such as Contractors name and address, service tax registration number, description and category, indicating the value of service and service tax amount separately. The bidder has to enclose the copy of service tax registration issued by the concerned authorities to ensure to which the category the bidder is registered.

13.0 INTERPRETING SPECIFICATIONS

In interpreting the specifications, the following order or decreasing importance shall be followed: a. Specification mentioned in Schedule of Quantities b. Unit Rate Specifications and Particular specifications, c. Special Conditions of Contract, d. Drawings, Matters not covered by the specifications given in the Contract, as a whole shall be covered by the relevant Indian Standard Codes. If such codes on a particular subject have not been framed, the decision of ACCEPTING AUTHORITY shall be final.

14.0 ALTERATIONS

No alterations shall be made by the tenderer in the Notice Inviting Tender, Instructions to the Contractors, Contract form, General Conditions of the Contract, Special Conditions of Contract, drawings and specifications and if any such alterations are made or any conditions attached, the tender is liable to be rejected.

15.0 ACCEPTANCE OF THE TENDER

The acceptance of a tender rests with the Authorised Representative of UPSTDC who does not bind himself to accept the lowest tender and reserves to himself the authority to reject any or all the tenders received without assigning any reason(s) whatsoever.

The authorised representative of UPSTDC reserves the right of accepting the whole or any of the tenders received and the tenderer shall be bound to perform the same at the rates quoted.

The work shall be carried out under the direction and supervision of UPSTDC or their representative at site. On acceptance of the tender, the Contractor shall intimate the name of his accredited representative who would be supervising the construction and would be responsible for taking instructions for carrying out the work.

UPSTDC decision with regard to the quality of the material and workmanship will be final and binding; any material rejected thus shall be immediately removed by the Contractor and replaced by materials as per specifications and standards.

16.0 DEFECTS LIABILITY PERIOD Defect Liability Period will be 12 months from the date of completion of work. Any defect developed within ‘Defect Liability Period’ will have to be rectified by the Contractor at their own cost and in case the defects are not rectified by the Contractor, UPSTDC or their representative shall get the work done at the risk and cost of the Contractor.

17.0 DELAYS IN COMMENCEMENT The Contractor shall not be entitled to any compensation for any loss suffered by him on account of delays in commencing or executing the work, whatever the cause for such delays may be including delays in procuring Government Controlled or other materials.

18.0 OCCUPATION IN PART & CO-OPERATION

If UPSTDC wants to occupy areas in part, the Contractor shall complete the work of these areas in conjunction with UPSTDC and hand over the same to UPSTDC without affecting any of the clauses of Contract agreement.

The Contractor must co-operate and co-ordinate with other Contractors involved in other works at the site. The Contractor should also note that they shall have to clear the site of vegetation, debris, etc. before the commencement of the work and that no extra payment is permissible on this account.

19.0 PERIOD OF CONSTRUCTION

Time is the essence of this contract. The construction period shall be 8 to 10 months. Commencement of the work shall be considered from the date of receipt of letter of acceptance and handing over possession of the site.

20.0 In case any dispute arise between the parties the same shall be referred to the Sole Arbitrator appointed by Managing Director, UPSTDC and the provisions of Arbitration and conciliation Act shall apply to it. Further, the territorial Jurisdiction shall be at Lucknow only.

B. BIDDING DOCUMENTS

21.0 CONTENTS OF BIDDING DOCUMENTS

One set of bidding documents comprises the documents listed in the table below and addenda issued in accordance with Clause 11.0

ENVELOPE 1 (PRE-QUALIFICATION BID)

ENVELOPE 2 (TECHNO-CREATIVE BID)

ENVELOPE 3 (PRICE BID)

Of the three sets of the bidding documents supplied, all sets should be completed duly signed.

22.0 CLARIFICATION OF BIDDING DOCUMENTS

A prospective bidder requiring any clarification of the bidding documents may notify the Employer in writing or by cable (hereinafter “cable” includes telex and facsimile) at the Employer’s address indicated in the invitation to bid at least 7 days prior to Pre-bid meeting. The Employer will respond to such request for clarification at the time of pre-bid meeting.

23.0 PRE-BID MEETING

The bidder or his official representative is invited to attend a pre-bid meeting which will take place at the Office of Managing Director, UPSTDC, Lucknow on the date specified in IFB.

The purpose of the meeting will be to clarify issues and to answer questions on any matter that may have been raised upto that stage.

Minutes of the meeting, including the text of the questions raised and the responses given will be transmitted within 7 days of Pre-bid meeting to all purchasers of the bidding documents. Any modification of the bidding documents listed in Clause 35.0 of ITB, which may become necessary as result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to Clause 25 below and not through the minutes of the Pre-bid meeting.

Non attendance at the pre-bid meeting will not be a cause for disqualification of a bidder

24.0 AMENDMENT OF BIDDING DOCUMENTS

The Employer may modify the bidding documents by issuing addenda, before the dead line for submission of bids

All amendment/Corrigendum shall be published on the UPSTDC website and bidders are advised to check the website regularly for the same. The department shall not be responsible for bidder’s negligence in checking the website regularly for any updates on this tender.

To give prospective bidders reasonable time in which to take an addendum into account in preparing their bids, the Employer shall extend as necessary the deadline for submission of bids in accordance with clause 33.0 below.

C. PREPARATION OF BIDS

25.0 LANGUAGE OF THE BID

All documents relating to the bid shall be in the English language.

26.0 BID PRICES The bid shall be for Conceptualisation, Design, Supply , Installation, testing and commissioning of Light and sound show Project at Residency (Lucknow), Sarnath (Varanasi), Ghats of Varanasi and Ayodhya (Faizabad) and Upgradation of SEL Show at Agra Fort as described in Clause 1.0 of ITB either as individual bids or as a single combined bid.

The rates shall also include submission of all designs, preparation of working drawings, necessary tests, etc., as per relevant clauses in the contract documents. The bidder shall mention the make and manufacturer of item to be used in the project. The bidder shall fill in rates and prices for Indian Rupees both in figures and words, for all items of the works described in the Bill of Quantities.

All duties, taxes, and other levies payable by the contractor under the contract, or for any other cause, shall be included in the rates, prices and total Bid Price submitted by the Bidder.

The rates and prices quoted by the bidder shall be valid for the original contract period as well as during extensions if any duly granted and shall not be subject to any further adjustment or variation on any account.

27.0 CURRENCIES OF BID AND PAYMENT

The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees. All payments shall be in Indian Rupees.

28.0 BID VALIDITY

Bids shall remain valid for a period not less than 90 (Ninety) days after the deadline for bid submission specified in IFB

In exceptional circumstances, prior to expiry of the original validity period, the Employer may request that the bidder may extend the period of validity for a specified additional period. The request and the bidder’s responses shall be made in writing or by cable. A bidder may not concede to the request without forfeiting EMD. A bidder agreeing to the request will not be required or permitted to modify his bid, but will be required to extend the validity of his bid security for a period of the extension, and in compliance with ITB in all respects.

Bids which are valid for a shorter period than that required by the employer shall be treated as non-responsive and rejected.

29.0 FORMAT AND SIGNING OF BID

All bid/tender documents are to be submitted at UPSDTC office and in the designated Cover/ envelope(s). All the required documents shall be submitted in their respective designated covers with signature.

D. SUBMISSION OF BIDS

30.0 DOCUMENTS COMPRISING THE BID

The bid submitted by the bidder shall comprise the following:

(a) Qualification Information, Form and Documents (Volume-1) and EMD

(b) Techno-creative Bid (Volume-2) (c) Price Bid (Volume-3) And any other material required accordance with these instructions. shall be filled in without exception.

to be completed and submitted by bidders in The Documents listed under Clause 22 of ITB

31.0 SEALING AND MARKING OF BIDS

The bidding is under 3 cover system and shall be submitted at UPSTDC office Lucknow..

Cover-I shall contain pre-qualification documents (Volume 1) consisting of schedules A to I duly filled in and enclosing documentary evidence to prove qualification.

Cover-II Shall contain Techno-Creative bid and shall include the following:

(i) Duly signed Bid documents (Volume 2), except the filled in price bid, a. An undertaking that cover III does not contain any conditions, b. Detailed specifications and quantities of work proposed under lump sum

contract with specific mention of make and manufacturer. c. Programme of submission of the design and working drawings in order of

priority. d. Acceptance of payments schedule, e. Technical particulars of the equipment proposed by the bidder. f. Supplementary information shall includes the

• Understanding of the Project and Overall Concept Plan for the Project • Artistic Conceptualization of the Project • Set Design and Details • Action Plan for implementation

• Technology and Technical equipments to be used along with quantity

• Associated Infrastructure

• Innovations in the Project

• Techno-Creative Team

• Experience of the Bidder in Sound & Light Shows

f. Preliminary agreement on stamp paper and any other details which the Bidder

feels is relevant.

Cover - III shall contain the price bid (Volume 3) only and without any conditions. The break up details of quoted amount can be in designated covers only.

32.0 DEADLINE FOR SUBMISSION OF THE BIDS

Bids must be received by the Employer at the address specified in IFB, not later than the time and date specified in IFB. In the event of the specified date for the submission of bids being declared a holiday for the Employer for any reason, the bids will be received upto the appointed time on the next working day.

The Employer may extend the deadline for submission of bids by issuing an amendment in accordance with Clause 25.0 of ITB, in which case all rights and obligations of the Employer and the bidders previously subject to the original deadline will then be subject to the new deadline.

33.0 LATE BIDS

Bid received by the Employer after the deadline prescribed in Clause 5.0 of IFB will not be considered.

34.0 MODIFICATION AND WITHDRAWAL OF BIDS BEFORE DEADLINE OF SUBMISSION

The bidder can modify the bids upto the last date and time of submission of bids. No bid may be modified after the deadline for submission of Bids.

E. BID OPENING AND EVALUATION

35.0 BID OPENING

The Employer will open the pre-qualification bids (Cover I) in the specified date of opening, including modifications made pursuant to Clause 35.0 of ITB, in presence of the bidders or their representatives who wish to attend at the place specified in Clause 7.0 of IFB. In the event of the specified date of Bid opening being declared a holiday for the Employer, the Bids will be opened at the appointed time and location on the next working day.

Techno-creative Bids (Cover II) of only those Bidders qualified as per the Pre-qualification Bid, will be opened on a subsequent date.

a) The bidders whose techno creative bid are accepted has to do a presentation which

includes the (technical and creative portion) before the expert committee before the opening of the price bid

b) Price Bids (Cover III) of only those Bidders whose Techno-commercial Bids are

accepted, will be opened on another date.

The date and time for presentation and opening of Cover II and Cover III will be communicated to the respective qualified bidders. The bids of all other bidders will be returned unopened. The decision of the Employer in this respect shall be final and binding on all the bidders.

36.0 PROCESS TO BE CONFIDENTIAL

Information relating to the examination, clarification, evaluation, and comparison of bids and recommendations for the award of a contract shall not be disclosed to bidders or any other persons not officially concerned with such process. Any effort by a bidder to influence the Employer’s processing of bids or wards decision may result in the rejection of his bid.

37.0 CLARIFICATION OF BIDS

To assist the examination, evaluation and comparison of bids, the Employer may, at his discretion, ask any bidder for clarification of the Bidder’s bid, including breakdowns of unit rates. The request for clarification and the response shall be in writing or by cable or fax but no change in the price or substance of the bid shall be sought, offered, or permitted except as required to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the bids in accordance with Clause 41.0 of ITB.

38.0 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS

Prior to the detailed evaluation of bids, the Employer will determine whether each bid is substantially responsive to the requirements of the bidding documents.

A substantially responsive bid is one which conforms to all the terms, conditions, and specifications of the bidding documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the Works; (b) which limits in any substantial way, the Employer’s rights or the bidder’s obligations under the contract or (c) whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids.

If a bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the non-conforming deviation or reservation.

39.0 CORRECTION OF ERRORS

Bids determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows:

a. where there is a discrepancy between the rates in figures and in words, the rate

in words will govern; and

b. where there is discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern.

c. If there is an arithmetical error in totalling of individual items, the correct total

shall be computed by the employer and the same shall govern.

The amount stated in the Bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the bidder, shall be considered as binding upon the bidder.

If the bidder does not accept the corrected Bid price, the Bid will be rejected, and the bid security may be forfeited in accordance with Clause 6.0 (b) of ITB

40.0 EVALUATION AND COMPARISON OF BIDS

The Employer will evaluate and compare only the bids determined to be substantially responsive in accordance with Clause 31.0 & 32.0 of ITB.

In evaluating the bids, the Employer will determine for each bid the Bid Price by making adjustments as follows:

(a) Making any correction for errors pursuant to Clause 40.0 of ITB; or (b) making an appropriate adjustment for any other acceptable variations, deviations;

and (c) making appropriate adjustments to reflect discounts or other price modifications

offered in accordance with Clause 40.0 of ITB

The Employer reserves the right to accept or reject any variation, deviation, or alternative offer except in case of structures where alternative offers are called for. Variations, deviations, and alternative offers submitted in accordance with Clause 16 and other factors which are in excess of the requirements of the bidding documents or otherwise result in unsolicited benefits for the Employer shall not be taken into account in bid evaluation.

F. AWARD OF CONTRACT

41.0 BID EVALUATION

To assist in the examination, evaluation and comparison of Bids, Client/ Consultants. May utilize the services of Experts or advisor(s).

The Bids will be evaluated in 4 steps as detailed as follows:

A. Step 1 –Evaluation of pre qualification bid

The contents of Cover-I shall be evaluated for responsiveness. The prequalification bid shall be checked for EMD as specified in clause 6.0 of ITB and pre-qualification documents (Cover 1) consisting of schedules A to H, duly filled in and documentary evidence to prove qualification. The prequalification details submitted by the bidder shall be cross checked against clause No. 2.0 and 3.3 mentioned in the ITB. Techno-creative Bids (Cover II) of only those Bidders qualified as per the Pre-qualification Bid will be opened on a subsequent date. The date and time of opening of techno commercial bid will be intimated later.

B. Step 2- Evaluation of Techno-Creative Bid

Techno-Creative Bid submitted by the Bidders shall be checked for responsiveness as specified in the clause no.32.0. After evaluation of the techno creative bid submitted by the bidder, eligible bidders shall do a techno creative presentation.

The Techno-Creative Bids of those Bidders who have the required qualification criteria for experience as well as the required financial capability will be opened and evaluated.

The Bidder shall submit a list of Key Professionals who constitute the Techno-Creative Team. Such Key Professionals must have the relevant creative and technical experience. The individual consent letters from these key professionals on their individual letterheads giving their consent to be a part of the Bidder's team and willingness to work on the `Project' should be compulsorily submitted along with the Techno-Creative Bid.

In case the Bidder submits the names of Key Professionals in the Techno-Creative Team but fails to submit the above mentioned individual consent letters; then in such case, the names of Key Professionals whose individual consent letters have not been submitted will not be considered during evaluation of the techno-Creative Presentation of the Bidder.

C. Step 3- Evaluation of Techno-Creative Presentation

In Step 3, the Techno-Creative Presentations of all the Bidders who qualify Step 1&2 of Bid Evaluation will be evaluated. UPSTDC will evaluate the Techno-Creative Presentations.

The Techno-Creative Presentations shall be evaluated based on the parameters set out in Special Conditions.

Bidders who fail to make their Techno-Creative Presentation shall be disqualified and their Bids shall be rejected. The Financial Bids of such Bidders shall not be opened.

The Techno-Creative Presentation would be evaluated on the basis of the following criteria for which scores would be as assigned below:

Parameter Evaluation Criteria Maximum Marks Strategy • Understanding of the Project (5) 35

• Overall Concept Plan (10)

• Creative Conceptualization of the Project (10)

• Design and Details (10) Key Professionals • Team Composition (5) 35 and Experience of Bidder/team • Experience of the key

professionals (20)

• Experience of the Bidder in Sound

& Light Shows (10)

Action Plan for • Implementation Plan (10) Implementation • Time Frame for activities (5)

Technical Aspect • Technical equipments and 15

quantity (5)

• Innovations in the Project (5)

• Operational aspects (5)

Note: On selection of the Successful Bidder, the approved Techno-Creative Bid of the Successful Bidder shall form an integral part of the Project Documents and thereby form a part of the Agreement. During the execution of the project, the Successful Bidder shall utilize such quality of technical equipments as those referred to in the approved Techno-Creative Bid or technical equipments that are of quality superior to those stated in the Techno-Creative Bid submitted by it. In no circumstances, the Bidder shall be allowed to compromise with the quality of the technical equipments.

The highest Techno-Creative Marks amongst the Bidders whose Techno-Creative Presentations have been evaluated would only be considered qualified.

The Techno-Creative Score (TCs) of each evaluated Bidder shall be calculated in the following method:

Techno -Creative Score (TCs) = Techno-Creative Marks of Bidder x

100 Highest Techno-Creative Marks

D. Step 4 - Evaluation of Financial Bid

The Financial Bids of all those Bidders whose Techno-Creative Presentations have been evaluated shall be opened.

The Financial Bids would be opened only after evaluation of all Techno-Creative Presentations is completed.

The lowest Financial Bid would be kept as the base for calculation of the Financial Score (Fs) of each Bidder.

The Financial Score (Fs) of each Bidder shall be calculated in the following method:

Financial Score (Fs) = Lowest Financial Bid x 100

Financial Bid of Bidder

E. Composite Evaluation

The Composite Score (Cs) of each Bidder shall be a weighted average of the Techno-Creative Score (TCs) and Financial Score(Fs). Techno-Creative Score will have weightage of 80% and Financial Score will have a weightage of 20%. The weighted average total would be the determining yardstick for selection of the Preferred Bidder.

Composite Score (Cs) = (TCs x 80) + (Es

x20) 100 The Bidder obtaining the highest Composite Score (Cs) would be declared as the selected Bidder.

42.0 DECIDING AWARD OF CONTRACT

The decision of the employer regarding the bid evaluation, qualification, and opening of bids shall be final and binding on all bidders.

(a) If the bid of the successful bidder is seriously unbalanced in relation to the

Engineer’s estimate of the cost of the work to be performed under the contract, the Employer may require the Bidder to produce detailed price analysis for any or all items of the BOQ, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. After evaluation of the price analysis, the Employer may require that the amount of the performance security set forth in clause 7.0 of ITB be increased at the expense of the successful Bidder to a level sufficient to protect the Employer against financial loss in the event of default of the successful Bidder under the contract.

43.0 EMPLOYER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

Notwithstanding anything contained in Clause 31.0 of ITB, the Employer reserves the right to accept or reject any bid and to cancel the bidding process and reject all bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for the Employer’s action.

44.0 NOTIFICATION OF AWARD, FURNISHING PERFORMANCE SECURITY AND SIGNING OF AGREEMENT

The Bidder whose Bid has been accepted will be notified of the award by the Employer prior to expiration of the bid validity period by cable, telex or facsimile, confirmed by registered letter. This letter (hereinafter and in the Conditions of Contract called the “Letter of Acceptance”) will state the sum that the Employer will pay the Contractor in consideration of the execution, completion, and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the “Contract Price”)

The Notification of Award will constitute the formation of the Contract, subject to the bidder furnishing performance security in accordance with the provisions of Clause 7.0 & 8.0 of ITB and signing the Agreement.

(THE TENDERER SHOULD DOWNLOAD THE FOLLOWING SCHEDULES, DULY FILLED WITH SUPPORTING DOCUMENTS

AND SUBMIT THE SAME IN DESIGNATED COVERS MENTIONED IN UPSDTC WEBSITE)

SCHEDULE – A

STRUCTURE AND ORGANISATION

1. Name of bidder

Head Office Address Telex No. Telephone No.

Fax No.

Regional Office Address Telex No.

Telephone No. Fax No.

Local Office Address in India Telex No.

Telephone No. Fax No.

2. Main lines of Business

(a) Domestic : 1. Since 2. Since

(b) International : 1. Since 2. Since

3. Place and year of incorporation (attach copy of certificate of incorporation)

Note:

(1) Bidder may be a proprietary firm, partnership, limited company, corporation, consortium or JV

(2) Particulars should be furnished separately for each partner/constituent (3) Attach the organisation chart showing the structure of the Organisation (4) Attach written power of Attorney to the signatory of the Bid

SCHEDULE – B

FINANCIAL CAPABILITY

1. Name of Applicant

2. Summary of assets and liabilities on the basis of the audited financial statement of the last five financial years including provisional figures for the year ended 31.03.2013. Please attach published annual report and audited accounts of the bidder.

(Rs.Million)

Sl. Year Year Year Year Year No. 1 2 3 4 5 i. Authorised capital ii. Capital issued and paid up iii. Total assets iv. Current asset v. Cash, temporary

investments and current receivables

vi. Total liabilities vii. Current liabilities viii. Net Worth (iii)-(vi) ix. Working capital (iv)-(vii) x. Annual Turnover xi. Gross Profit xii. Net profit before tax xiii. Profit after tax

3. Current working capital arrangements:

(a) Own resources (b) Cash, credit limit, etc. from the bankers

4. Current annual cash requirements for the ongoing projects

5. Proposed arrangement of funds for the Project, in case awarded (a) Own resources (b) Cash, credit limit, etc. from the bankers

6. Details of investments having maturity less than 1 year as on 31.3.2013

7. Name and address of bankers

SCHEDULE – C

EXPERIENCE

Name of the Contractor

1. List of Light and sound show works, executed or in hand, with value in

Indian Rupees at current price (after applying an enhancement factor of 10% per year) during the last seven years.

Name of Project Location Total Value of Role Current Percentage Date of Stipulated Actual

Employer Name and nature project contract (whether value of completion

contract date of

completion

of work cost at executed single, as Col.(5) completion date award by the associate (after applicant or as sub- applying

contract- ing agency) an

enhance- ment factor of 10% per annum)

1 2 3 4 5 6 7 8 9 10 11

SCHEDULE – D

LITIGATION HISTORY

(Each bidder should provide information on history of litigation or arbitration resulting from contract executed in the last five years or currently under execution. A separate sheet should be used for each partner of joint venture. Sheets should be attached wherever necessary).

Sl. Name of the Name of Year of Disputed Award Actual No. Contractor Client start of amount `for’ or Awarded

litigation in against Amount Million applicant in Million Rs. Rs. Rs.

Signature :

Name : Designation : Name of bidder :

SCHEDULE – ‘E’

DETAILS OF PROPOSED SUB-CONTRACTORS/ SPECIALISED

SUB-CONTRACTORS

Section of Approx. Name (s) Description, Location, Works Value in Address(es) of Sub- Similar Works previously

Indian Contractor (s) executed by Sub- Rupees Contractor*

* Attach certificates from clients

SCHEDULE – F

PROPOSED ORGANISATION FOR CONSTRUCTION OF PROJECT

(RESOURCES AVAILABLE/TO BE DEPLOYED)

KEY PERSONNEL Sl. Name Present Qualifica Total Relevant No. of No. position tion experience Experience years

with the firm

SCHEDULE-G

AFFIDAVIT

(To be given separately by each constituent firm in the case of Joint Venture/ Consortium on a non-judicial stamp paper)

1. I, the undersigned do hereby certify that all the statements made in the

attachment are true and correct.

2. The undersigned hereby authorises and requests any Bank, person, Firm or Corporation to furnish pertinent information deemed necessary and requested by the UPSTDC Ltd.

3. The undersigned understands and agrees that further qualifying information

may be requested, and agrees to furnish any such information at the request of the UPSTDC Ltd.

4. The undersigned also hereby certifies that neither our firms/companies/ Joint

Ventures/Associates Ms………………………………. Nor any of its constituent partners/companies/Joint Ventures/Associates have abandoned any work in India nor any contract awarded to us for such work has been rescinded in the past five years.

5. The undersigned also hereby authorises UPSTDC Ltd. and their authorised

representative to conduct any inquiries or investigation to verify the statements, documents and information submitted in connection with this application, and to seek clarification from our bankers and clients regarding any financial and technical capability. This will also serve as authorisation to UPSTDC Ltd. representative to contact in person or otherwise, any individual or authorised representative of any institution referred to in the supporting information and obtain such information as may be required by him to verify statements and information provided in this application, or with regard to the resources, experience and competence of the Applicant.

6. The undersigned understands that furnishing of false information could result

in my disqualification.

--------------------------

(Signed by an Authorised Signatory of the bidder)

--------------------------

Title of Officer

--------------------------

Name of bidder

-------------------------- Date

Encl: Requisite power of attorney

SCHEDULE- H

FORMAT FOR POWER OF ATTORNEY FOR LEAD

MEMBER OF CONSORTIUM APPLICANT

Whereas UPSTDC has invited Applications from interested parties for the Conceptualisation, Design, supply, installation, testing and commissioning of light and sound show projects at Residency (Lucknow), Sarnath (Varanasi), Ghats of Varanasi and Ayodhya (Faizabad) & Upgradation of SEL Show at Agra Fort Whereas, the members of the Consortium applicant are interested in bidding for the Project and implementing the Project in accordance with the terms and conditions of the this tender document and other connected documents in respect of the Project, and

Whereas, it is necessary under the tender document for the members of the Consortium Applicant to designate one of them as the Lead Member with all necessary power and authority to do for and on behalf of the Consortium applicant, all acts, deeds and things as may be necessary in connection with the Consortium applicant’s Application/ proposal for the Conceptualisation, Design, supply, installation, testing and commissioning of light and sound shows Residency (Lucknow), Sarnath (Varanasi), Ghats of Varanasi and Ayodhya (Faizabad) & Upgradation of SEL Show at Agra Fort

NOW THIS POWER OF ATTORNEY WITNESSETH THAT;

We, M/s. ----------------------------,M/s-----------------------M/s.------------- -------------------and M/s………………………………….. (the respective names and addresses of the registered office) do hereby designate M/s……………………—————————————— ………….being one of the members of the Consortium, as the Lead Member of the Consortium, to do on behalf of the Consortium, all or any of the acts, deeds or things necessary or incidental to the Consortium’s Application/ proposal for the Project, including submission of Application/ proposal, participating in conferences, responding to queries, submission of information/ documents and generally to represent the Consortium in all its dealings with UPRSTDC, any other Government Agency or any person, in connection with the Project until culmination of the process of bidding and thereafter till the Project Contract is entered into with UPSTDC Ltd.

We hereby agree to ratify all acts, deeds and things lawfully done by Lead Member, pursuant to this Power of Attorney and that all acts deeds and things done by our aforesaid attorney shall and shall always be deemed to have been done by us/ Consortium. Dated this the ……Day of …….2014 ………………………………… (Executants) (To be executed by all the members of the Consortium Applicant) Note:

The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executants(s) and when it is so required the same should be under common seal affixed in accordance with the required procedure.

This Power of Attorney may be provided on plain paper/stamp paper.

Managing Director

UPSTDC LTD., LUCKNOW