NOTICE INVITING TENDER - Madhya Pradesh Warehousing …Madhya Pradesh Warehousing and Logistics Corporation (Department of Food, Civil Supplies and Consumer Protection, Government

म.�.वेअरहाउसगंए�डलॉिजि�ट�सकॉरपोरेशन

�धान काया�लय – ऑफस कॉ��ले�स, �लॉक‘अ’, गौतम नगर, भोपाल – 462023

website : www.mpwarehousing.com; e-mail : [email protected]

MPWLC/Const./2019-20/2551 Bhopal, Dt08-Sept, 2020

NOTICE INVITING TENDER

For

Appointment of Transaction Advisor for Establishment of World Class Multi-Modal

Logistics Parks (MMLPs) in the State of Madhya Pradesh

MPWLC intends to establish world class multi-modal logistics hubs in M.P. State for maximizing

its unique locational advantage, well connected road, rail and air connectivity and a booming

agro, forestry, mining and manufacturing industry.

MPWLC therefore invites online proposals from competent and experienced Consulting

Companies to provide feasibility studies, techno-economic reports, transaction advisory and

assist in bid process management for establishing MMLPs in the State.

The bid documents can be viewed from the website of MPWLC (www.mpwarehousing.com) and

downloadable from e-procurement portal http://mptenders.gov.infor a fee of Rs 10,000.00 (Rs

Ten Thousand only) from 08-Sept.-2020.All further details / revisions / amendments in context

of this Bid Document will be available only thru above portals.

Bidders are requested to note the following important dates:

1 Pre-Bid Meeting

18-Sept.-2020 (Friday), 11.00 hrs, thru video

conferencing only. (VC details shall be uploaded at

www.mpwarehousing.com and

http://mptenders.com)

2 Bid with EMD Submission On or before 29-Sept.-2020(Tuesday), 11.00 hrs

3 Opening of Eligibility Criteria

documents On 29-Sept.-2020 (Tuesday), 14.00 hrs

4 Opening of Financial Bid On 03-Oct.-2020 (Saturday),14.00 hrs

Managing Director

RFP for appointment of Transaction Advisor for

establishment of Multi-Modal Logistics Parks in M.P.State

Page 2 of 31

Madhya Pradesh Warehousing and Logistics Corporation

(Department of Food, Civil Supplies and Consumer Protection,

Government of Madhya Pradesh)

Request for Proposal

for

Appointment of Transaction Advisor for establishment of Multi-

Modal Logistics Parks in M.P. State

RFP Document No : NIT No. 2551/08.09.2020

Managing Director


Office Complex, Block 'A' Gautam Nagar, Bhopal- 462023

Phone: +91-755-2600509, 510 Fax: +91-755-2600384

Website: http//: www.mpwarehousing.com

Email: [email protected], [email protected]



Page 3 of 31

Table of Contents

S.No. Description Page No

1.0 Executive Summary 5

2.0 Instructions to the Bidders 6

2.1 Availability of RFP Document 6

2.2 Preparation and Submission of Proposal 6

2.3 Bid Data Sheet 8

2.4 Communication 9

3.0 Qualification Criteria and Bid Evaluation 9

3.1 Evaluation Methodology 9

3.2 Pre-Qualification Criteria 10

3.3 Financial Bid Evaluation 10

3.4 Selection of The Bidder 11

3.5 Award ofContract 11

3.6 Confidentiality 11

4.0 Scope of Work 11

4.1 Feasibility Study 11

4.2 Techno-Economic Study 12

4.3 Final Report 12

4.4 Policy Formulation 12

4.5 Bid Process Management 12

4.6 Exit Management 13

5.0 Deliverables 13

6.0 Payment Schedules and Penalties 13

6.1 Payment Milestones 13

6.2 Penalties 14

7.0 Terms and Conditions Governing the Contract 14

7.1 Signing of Contract 14

7.2 Contract Period 14



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S.No. Description Page No

7.3 Contract Agreement 14

7.4 Performance Bank Guarantee (PBG) 14

7.5 Transfer / Sub-Contracting 15

7.6 Termination of Bidder 15

7.7 Liquidated Damages 15

7.8 Amendment 16

7.9 Corrupt / Fraudulent Practices 16

7,10 Resolution of Disputes 16

7.11 Legal Jurisdiction 16

7.12 Indemnity 17

7.13 Publicity 17

7.14 Performance Obligations 17

7.15 Force Majeure 17

7.16 Right to Terminate the Process 18

8.0 Annexures 19

8.1 Annexure I: Covering Letter for Eligibility Criteria 19

8.2 Format of Project Details 21

8.3 Self-Declaration for not being Blacklisted by any Government Entity 22

8.4 Format for Queries 23

8.5 Annexure II: Financial Proposal Format 24

8.6 Statement of No Deviation from the RFP Requirements 26

8.7 Annexure III: Format of Performance Bank Guarantee (PBG) 27

End of Document 30



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LIST OF ABBREVIATIONS USED IN THIS DOCUMENT

Abbreviation Full Form of Abbreviation

AoA Articles of Association

EMD Earnest Money Deposit

Govt. Government

GST Goods & Service Tax

IT Income Tax

LOI Letter of Intent

M.P. Madhya Pradesh

MMLP Multi Modal Logistics Park

MoA Memorandum of Agreement

MPWLC Madhya Pradesh Warehousing and Logistics Corporation

PAN Permanent Account Number

PBG Performance Bank Guarantee

PPP Public Private Partnership

PSU Public Sector Undertaking

RFP Request for Proposal

Rs Indian National Rupees

SEZ Special Economic Zone

SWOT Strengths-Weakness-Opportunities-Threats

VC Video Conferencing



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1.0 EXECUTIVE SUMMARY

Madhya Pradesh State is the 2nd largest state in the Country with unique location advantage

of being centrally located in the country with 18 national highways passing across it, 7

railway divisions (highest in the country), 20 major railway junctions and 5 operational

airports. The State shares borders with 5 major states, is in close proximity to 9 states and

well connected to both sea-coasts of the Country. The State plays a very important and vital

link connecting East-West and North-South corridors.

The State is doing extremely well in Agriculture, Horticulture and Forest Produce; is rich in

Mineral Resources (home to largest reserves of diamond and copper in India) and has a well-

established Tourism Industry. The State is not only home to 5 big Industrial Hubs at

Mandideep, Pithampur, Dewas, Jabalpur and Gwalior but also has 6 Ordnance Factories

manufacturing variety of products for the Indian Armed Forces.

With the above inherent advantages, the State now intends to set up Multi-Modal Logistics

Parks across various strategic locations on a PPP mode that shall be a stimulus to the growth

of the economy of the State.

MPWLC, hereby invites Bids from qualified entities having adequate experience in preparing and

providing feasibility studies, techno-economic reports, advisory services, transaction

management services, master development plans, etc. as indicated in the pre-bid eligibility

criteria of this Bid Document. The details regarding submission of the Bids along with date of pre-

bid meeting has been highlighted in the Section 2.3, Bid Data Sheet.

AtmaNirbhar Madhya Pradesh



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2.0 INSTRUCTIONS TO THE BIDDERS

While every effort has been made to provide comprehensive and accurate background

information, requirements and specifications, Bidders must form their own conclusions about

thesolutionneededtomeettherequirements.BiddersandrecipientsofthisRFPmaywishto consult

their own legal advisers in relation to thisRFP.

AllinformationsuppliedbyBiddersmaybetreatedascontractuallybindingontheBidders,on

successful award of the transaction advisory assignment by MPWLCon the basis of thisRFP.

No commitment of any kind, contractual or otherwise shall exist unless and until a formal written

contract has been executed by or on behalf of

MPWLC.AnynotificationofpreferredBidderstatusbyMPWLCshallnotgive rise to any enforceable

rights by the Bidder. MPWLCmay cancel this RFP at any time prior to a formal written contract

agreement being executed by or on behalf of MPWLC.

This RFP supersedes and replaces any previous public documentation & communications, and

Bidders should place no reliance on such communications.

This section specifies the procedures to be followed by Bidders in the preparation and

submission of their bids. Information is also provided on the submission, opening, and evaluation

of bids and on the award of contract. It is important that the bidder carefully reads and examines

the RFP document.

2.1 Availability of RFP Document

Intimation of RFP Document will be available on the website of

MPWLC(www.mpwarehousing.com) and downloadable from e-procurement portal

http://www.mptenders.gov.in

2.2 Preparation and Submission of Proposal

2.2.1 Completeness of Bids

Bidders are advised to study all instructions, forms, terms, requirements and other information

in the RFP document carefully. Submission of bid shall be deemed to have been done after careful

study and examination of the RFP document with full understanding of its implications. The

response to this RFP should be full and complete in all respects. Failure to furnish the information

required by the RFP documents or submission of a proposal not substantially responsive to the

RFP documents in every aspect will be at the Bidder's risk and may result in rejection of its

proposal. The RFP document is not transferable to any other Bidder.

2.2.2 Language

The bid as well as all correspondence and documents relating to the bid exchanged by the bidder

and MPWLC, shall be in English language only.

2.2.3 Submission of Bid on e-procurement portal

The bidder is responsible for registration on the e-procurement portal at their own cost. The

Bidders are advised to go through the e-procurement guidelines and instructions, as provided on

the e-procurement website, and in case of any difficulty related to e-procurement process, may

contact the helpline number mentioned on their website. The Bidder shall submit the proposals

online and are requested to not the following:



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a. Proposal that are incomplete or not in prescribed format will be rejected.

b. The Eligibility Criteria and Financial Proposal should be submitted only through the e-

procurement Portal.

c. Eligibility Criteria - Scanned copy in pdf file format, signed on each page, with file name

clearly mentioning: “Eligibility Criteria Documents for MPWLC Tender No __________________.

The proposal should be as per the format provided in Sections 8.1 and 8.2.

d. Financial Proposal – Financial Proposals would be filled on e-procurement portal.

e. The Financial Bid would cover all that is required to meet and deliver successfully the scope

of work as mentioned in this RFP and should be inclusive of all the expenses/costs including

applicable levies, duties, cess, fees etc.

f. Conditional proposals shall not be accepted on any ground and shall be rejected straightway.

If any clarification is required, the same should be obtained before submission of the bids.

g. Bidders are advised to upload the proposals well before time to avoid last minute issues.

h. The bid has to be submitted only online through www.mptenders.gov.inwebsite. No physical

submission of bids would be acceptable.

2.2.4 Late Bids

Proposal after due date and time shall not be accepted.

2.2.5 Bid Validity

The RFP offer must be valid for a period of 180 days from the due date of submission of proposal

as mentioned in this RFP or subsequent corrigendum (if any).

2.2.6 Cost and Currency

The offer must be given in Indian Rupees only. The price will remain fixed for the period of the

contract and no changes for any reason whatsoever will be allowed. The bidder shall bear all the

costs associated with the preparation and submission of its bid, and MPWLC will in no case be

responsible or liable for these costs, regardless of conduct or outcome of bidding process.

2.2.7 Interpretation of the clauses in the Bid Document

In case of any ambiguity in the interpretation of any of the clauses in the RFP, by signing this RFP

document, the Bidder agrees to abide by the interpretation of the clauses by Managing Director,

MPWLCandwhich shall be final and binding on the bidder.The decision taken by MPWLC in the

process of bid evaluation will be full and final.

2.2.8 Amendment of Bid Document

At any time prior to the deadline for submission of bids, MPWLC for any reason, whether at its

own initiative or in response to a clarification requested by a prospective Bidder, may modify /

amend the bid documents. Any such communication shall be posted on website and bidders are

requested to visit the e-procurement website for updates, modification and withdrawal of Offers.

2.2.9 Deviations

The bidder shall not be allowed to make any deviation whatsoever from the terms and condition

and technical specifications specified in the RFP. All the bidders should submit “No Deviation

Form” as per the format given in Section 8.6

2.2.10 Earnest Money Deposit (EMD)

a) The Bidder shall furnish a Earnest Money Deposit (EMD)as detailed in Bid Data Sheet

b) No interest shall be payable on EMD under any circumstances.

c) Unsuccessful Bidder’s EMD shall be discharged or returned within 60 (Sixty) days of

expiration of the period of proposal validity or after awarding tender to successful Bidder.



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d) In case of successful Bidder, the EMD shall be returned upon signing of agreement and

submission of performance bank guarantee.

e) The EMD shall be forfeited by MPWLC, on account of one or more the following reasons-

i. If a bidder withdraws its bid during the period of bid validity

ii. If the bidder fails to sign the agreement in accordance with terms and conditions

(Only in case of a successful bidder)

iii. Fails to furnish performance bank guarantee as specified in annexure

iv. Information given in the proposal is found inaccurate/incomplete

2.3 Bid Data Sheet

Particular Details

Tender Number NIT No. 2551/08.09.2020

Client M.P.Warehousing and Logistics Corporation, Government

of Madhya Pradesh

Address and Concerned Person for

Correspondence

Managing Director

Madhya Pradesh Warehousing and Logistics

Corporation; Office Complex, Block 'A' Gautam Nagar,

Bhopal- 462023

Phone: +91-755-2600509, 510

Point of Contact related to this Bid

Document

• Mr Mukesh Kushwaha, Superintendent Engineer;

+91-9406 542927; [email protected]

• Mr Bhanu Bitra, Consultant – PMU, Directorate of

Food, Civil Supplies & Consumer Protection;

+91-9713 003522; [email protected]

Cost of Bid Document

Non-refundable fee of Rs 10,000.00(Rs Ten Thousand

only) &Processing Fee along-with taxes to be paid online

through the e- procurement portal.

EMD / Bid Security Amount

Rs. 5.00 (Five)Lakhs to be paid online through e-

procurement portal valid for a minimum period of 210

days.

Method of submission of Proposal Only through e-Procurement portal

Pre-Bid Meeting

18-Sep-2020 (Friday), 11.00 hrs, thru videoconferencing

only. (VC details shall be uploaded at

www.mpwarehousing.com and http://mptenders.com)

Bid and EMD Submission On or before 29-Sep-2020 (Tuesday), 11.00 hrs

Date and time for opening of

Eligibility Criteria Documents On 29-Sep-2020 (Tuesday), 14.00 hrs

Date and time for opening of

Financial Proposal On 03-Oct-2020 (Saturday),14.00 hrs

Performance Bank Guarantee

Amount equivalent to 10% of the total contract amount

within 7 days of issue of LOI. The PBG should be issued by

a Scheduled / Nationalized Bank in India, in favour of

Managing Director, M.P.Warehousing and Logistics

Corporation at Bhopal

Bid Validity

Minimum 180 days from the due date of submission of

proposal as mentioned in this RFP or the subsequent

corrigendum (if any)

Technical Presentation If Required

Note: All further corrigendum/ addendum shall be uploaded on the e-procurement portal



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2.4 Communication

• Only written communication with / from / between MPWLC and Bidder prior or post award

of Contract will be valid. All oral / verbal instructions have to be recorded and approval taken

to be considered as a valid instruction.

• All communication shall be addressed to Managing Director, Madhya Pradesh Warehousing

and Logistics Corporation.

3.0 QUALIFICATION CRITERIA AND BID EVALUATION

3.1 Evaluation Methodology

3.1.1 Bid Opening

a. Bid Opening shall take place through the e-Procurement Portal. Online Proposals submitted

along with the EMD and Tender Fee shall be considered for Bid opening as per the timelines

mentioned in the Bid Data Sheet.

b. In case of EMD not received as per the timeline mentioned in Bid Data Sheet, the bid

submitted in e-Procurement Portal would be rejected.

c. A maximum of two representatives from each Participating Organization would be allowed

to attend the Tender Opening. The Bidder’s representatives, who may choose to attend the

session, should attend the Tender opening on the date and time mentioned in the Bid Data

Sheet or as per the Date and Time revised in the subsequent communication given through

the e-procurement portal.

d. During bid opening, preliminary scrutiny of the bid documents will be made to determine

whether they are complete, whether required bid security has been furnished and whether

the bids are generally in order. Bids not conforming to such preliminary requirements will

be prima facie rejected.

e. To assist in the scrutiny, evaluation and comparison of offers, the Bidders may be asked for

clarification of their offers on any of the points mentioned therein and the same may be sent

through email. No change in the prices or substance of the bid shall be sought, offered, or

permitted, except to confirm the correction of arithmetic errors discovered in the evaluation

of the bids.

3.1.2 Bid Evaluation

Bids will be evaluated as per the following process:

a) Evaluate and compare the bids that have been determined to be substantially responsive.

b) Review the Eligibility Criteria. To assist in the examination, evaluation, comparison of the

bids and qualification of the Bidders, the Bidder maybe asked for a clarification of its bid.

c) Bidders meeting the minimum eligibility criteria shall be shortlisted for opening of financial

bids.

d) The Financial Bids of only those Bidders who meet the minimum eligibility criteria norms

will be opened in the presence of their representatives (not more than 2), who may choose

to attend the session on the specified date, time and address mentioned in the Bid Data Sheet

or in the e-procurement portal.

3.1.3 Failure to Agree with the Terms and Conditions of the RFP

Failure of the successful bidder to agree with the Terms & Conditions of the RFP shall constitute

sufficient grounds for the annulment of the proposal or the award, in such event MPWLC would

reject the proposal and forfeit the EMD as specified in the document.



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3.2 Pre-Qualification Criteria

S.No. Criteria Minimum Qualifying Criteria

1 Legal Entity

• Company should be registered under the Companies Act1956

/2013 or Partnership Firm and must have been in operation for a

period of at least 5 (Five) years as of March 31, 2020.

• Registered with requisite Statutory Authorities

Bidder to submit following documents :

• Certificate of Incorporation/MoA – AoA of the Company

• GST Registrationcertificate

• PANCard

• IT returns for the previous five financial years

• Other tax certificates (as applicable)

2 Joint Ventures • Joint Ventures are not allowed to participate in this Bid

3 Annual Turnover

• Minimum Rs. 20 (Twenty) Crores as an average turnover of

preceding 3 years as on 31-March 2020

• Bidder to submit extracts from the audited Balance sheet and

Profit & Loss;orCertificate from the Statutory Auditor

4 Performance

The bidder must not have any record of poor performance or

abandoned work and should not have been blacklisted or their contract

terminated by Central Govt. / any State Govt. / any Govt. Organization

or Department in India at the time of Bid submission. The applicants

should be required to submit an affidavit certifying this. If this is later

found to be false, the application fees and any performance guarantees

would be forfeited.

6 Fees The Bidder should have made a payment of Bid document fee and

should have submitted Bid Security as per Bid Data Sheet

7

Advisory /

Consultancy /

Feasibility

Services

Bidder should have provided advisory / consultancy / feasibility

services in past 7 years for setting up of at least 5 projects, with project

size more than 200 Cr or project to be built on more than 100 acres, in

any of the following domains:

• Transportation / Logistics

• SEZs / Industrial Parks

• Smart Cities / Large-scale mixed-use development projects

• Integrated Development Projects

(Refer Clause 8.2.1)

8 PPP Projects

Experience

Bidder to have experience of providing at-least 3 project proposal in

last 7 year on PPP mode

(Refer Clause 8.2.2)

• MPWLC reserves right to visit (or conduct telephonic verification) bidder’s customers where

such a similar project execution has taken place.

3.3 Financial Bid Evaluation

The financial bids of qualified bidders will be opened. Financial bids, not substantially responsive

or incomplete in any manner, are liable to be disqualified. The bidder with lowest financial bid

will be declared as Lowest Bidder (L1).



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3.4 Selection of the Bidder

MPWLC intends to allot this bid in the following manner:

a. Bidder meeting eligibility criteria with L1 rate shall be the successful bidder.

b. In an event wherein two or more Bidders have Bid at the same price and having met

minimum eligibility criteria, a computer assisted lottery system shall be utilised to determine

the lowest bidder.

c. In the event the successful bidder (L1) withdraws or is not ready for engagement for any

reason after opening financial bids, their EMD will be forfeited, can be blacklisted and not

allowed to participate in any future tenders of the Department whether as a stand-alone

entity or as a consortium / Joint Venturepartner.

d. MPWLCwill then invite the bidder with next lowest rate for engagement with same

conditions as detailed above.

e. Accepted financial bid between MPWLC and lowest Bidder following above process “c” and

“d” shall be considered as the Lowest Bid (L1)

3.5 Award ofContract

3.5.1 Right to Accept Any Proposal and To Reject Any or AllProposal(s)

a. MPWLC reserves the right to accept or reject any proposal, and to annul the bid process and

reject all proposals at any time prior to 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 MPWLCaction.

3.6 Confidentiality

a. Any attempt by a Bidder to influence MPWLC in the evaluation of the bids or contract award

decisions may result in the rejection of its bid.

b. If any Bidder wishes to contact MPWLC during/after opening of the Bid to award of contract.

they may do so only in writing.

4.0 SCOPE OF WORK

4.1 Feasibility Study

The aims of this feasibility study are:

• Provide viability study of setting up MMLPs in the State.

• Assist in taking Go / No Go decision on setting up MMLPs in the State

• Assist in short-listing the quantities, types, and locations of MMLPs in the State

• Assist in understanding the risks associated while setting up MMLPs in the State

It is therefore required that the Transaction Advisor shall provide a comprehensive feasibility

study report that shall address the following at the minimum, and not limited to:

1. Identify the Departments that shall play vital role in establishment of MMLPs and sustain

them further.

2. Coordinate with major Departments of the State such as Agriculture, Horticulture, Animal

Husbandry, Fisheries, Food & Civil Supplies, etc. to gather the produce data and their

requirements so as to create a requirement of MMLP.

3. Coordinate with other Departments such as Mining, Forest, Transport, Railways, etc to assess

their integration with proposed MMLPs.

4. Provide detailed viability analysis of setting up MMLPs.

5. Identify the best PPP option that makes the setting up of MMLPs viable.



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6. Include relevant data sources in the study report for determining whether setting up of

MMLPs in the State are ideal, achievable, affordable, and sustainable while considering the

scope, cost, location and/or overall socio-economic impact.

7. Detail important issues such as where (and how) the business will operate, suggested

locations and area requirement of MMLPs with a SWOT analysis of each location and

particular emphasis on identifying potential operational challenges.

8. Identify and list out Coordination, Co-operation, Approvals and Tie-ups required by other

Central / State Govt. Departments / PSU’s to make MMLPs viable and successful.

9. Discuss with Companies involved in Logistics Operations or other Entities to get a

preliminary feedback on their interest in setting up MMLPs in the State. The report shall

include details of the same.

10. Include high level development components within MMLPs and high side infrastructure

support for MMLPs.

11. Provide preliminary figures on employment creation and revenue generation to the State.

12. Include current performance report of existing SEZ’s and Industrial Hubs and the learning

outcomes of these projects.

4.2 Techno-Economic Study

Based on approval of the Feasibility Report, the Transaction Advisor shall prepare a Techno-

Economic Study of short-listed MMLP locations that shall address the following at the minimum,

and not limited to:

1. PPP model for each location

2. Current and proposed infrastructure of each location to make them viable along-with

development timelines and expenditure required.

3. Components of MMLPs using location advantage.

4. Ancillary developments required outside of MMLPs to make the MMLPs viable

5. Financial and Revenue models of the MMLPs including IRR.

6. Include and further refine the feasibility study reports to be a basis for Final Report

4.3 Final Report

On approval of Techno-Economic Study Report, Final Report on MMLPs shall be submitted that

shall serve as a decision point on MMLP locations. The Final Report for each MMLP shall consist

of the following:

1. Location and Area requirement.

2. Mode of Land pooling – by State Govt. / Concessionaire / any other means. This part shall

also detail out the process to be followed for Land Acquisition.

3. Current and Proposed Infrastructure for the selected location.

4. Mode of Concessionaire Selection along-with Cash Out-Flow and Revenue Models.

5. Timelines of Bid Process Management.

6. Support required by State / Central Govt. / PSU’s to make the project successful.

7. List of statutory approvals required for the project to go-live.

8. Potential risks that can delay project implementation or impact overall project.

4.4 Policy Formulation

On approval of the Feasibility Report, the Transaction Advisormay be required to provide

necessary documents to the Department for drafting the Policy Document for setting up MMLPs

in the State.

4.5 Bid Process Management

Bids for selection of Concessionaire shall be prepared for each MMLP post approval of Policy

Document on MMLP. The bid process management shall cover the following:



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1. Bid Document preparation.

2. Drafting of Concessionaire Agreement.

3. Assist Department in Bid Process.

4.6 Exit Management

The Transaction Advisor shall provide an Exit Management Plan that shall outline overall process

followed with all necessary documentation.

5.0 Deliverables:

The Transaction Advisorwill provide deliverables against each Project Stage as given below:

Stage Deliverables Time frame

Project Initiation

• Approach & Methodology to

complete the Scope of Work

• Support required from the MPWLC

3 days from the date of issue of

LOI

Stage-I

Feasibility Study

Submit acceptable draft feasibility

report

45 days from the date of Issue of

LOI

Submit acceptable final feasibility

report

60 days from the date of Issue of

LOI

Stage-II

Techno-Economic

Study

Submit acceptable draft techno-

economic study report

60 days from the date of approval

of feasibility report

Submit acceptable final techno-

economic study report


of feasibility report

Stage-III

Final Study Submit acceptable final study report


of techno-economic report

Stage-IV

Bid Process

Management

Prepare acceptable final bid

documents


of policy document

Completion of contract agreement

with concessionaire

180 days from date of approval of

policy document

6.0 PAYMENT SCHEDULES AND PENALTIES

6.1 Payment Milestones

Payments shall be disbursed to the Transaction Advisor within 7 days of acceptance of invoice

based on the following milestones:

Stage Deliverables for Payment Payment as % of

Contract Amount

Stage-I

Feasibility Study

Submission of acceptable draft feasibility report 18%

Approval of final feasibility report 12%

Stage-II

Techno-

Economic Study

Submission of acceptable draft techno-economic

report 18%

Approval of final techno-economic report 12%

Stage-III

Final Study Approval of final report 10%



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Stage-IV

Bid Process

Management

Approval of acceptable final bid document 10%

On completion of signing of contract agreement

between MPWLC and Concessionaire 20%

The Transaction Advisor shall submit 3 Hardbound copies and 1 soft copy of all post Approval

reports.

6.2 Penalties

Penalty amounting to 5% of each deliverable will be deducted from each payment milestone for

delays attributable to the Transaction Advisor.

7.0 TERMS AND CONDITIONS GOVERNING THE CONTRACT

7.1 Signing of Contract

a. The Successful Bidder shall execute an agreement within 7 days of issue of LOI from MPWLC.

In exceptional circumstances, on request of the successful bidder in writing for extension,

MPWLC reserves the right to grant an extension for appropriate period after getting satisfied

with the reasons given.

b. In addition to terms and conditions being mentioned hereunder, all terms and conditions of

the RFP and corrigenda issued will also be applicable for the contract.

c. There shall be agreement between MPWLC and Successful bidder. On failure of execution of

the agreement by the successful bidder, the PBG furnished will be forfeited.

7.2 Contract Period

a. The contract period will be for a period of 21 months from the Agreement Date or Completion

of Stage IV deliverables as mentioned in Clause 5.0, whichever is later.

b. The Contract shall be initially made for a period of 21 months from the date of signing of

Agreement.

c. If the Completion of Stage IV deliverables is extended beyond 21 months, the Contract

Agreement will be extended for the time required to complete Stage IV deliverables.

7.3 Contract Agreement

This RFP, in totality will be constituted as part of the Contract Agreement between MPWLC and

Successful Bidder.

7.4 Performance Bank Guarantee (PBG)

a. The Bidder shall be required to submit PBG as specified in Bid Data Sheet within 7 days of

issue of LOI in the format detailed in Section 8.7

b. The PBG shall be denominated in the currency of the contract and will be for an amount as

mentioned in Bid Data Sheet. All charges with respect to the PBG shall be borne by the Bidder.

c. The PBG shall be remaining valid six months beyond the life of the contract.

d. The PBG will be discharged / returned by MPWLC 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

e. In the event of the Bidder being unable to service the contract for whatever reason,

MPWLCwill invoke the PBG. MPWLC shall notify the Bidder in writing of the exercise of its

right to receive such compensation within 14 days, indicating the contractual obligation(s)

for which the Bidder is in default.



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7.5 Transfer / Sub-Contracting

a. The bidder has no right to give, bargain, sell, assign or sublet or otherwise dispose of the

Contract or any part thereof, as well as to give or to let a third party take benefit or advantage

of the present Contract or any part thereof.

7.6 Termination of Bidder

a. If the bidder fails to carry out the scope of work in terms of this document within the

stipulated period or any extension thereof, as may be allowed by MPWLC, without any valid

reasons acceptable to MPWLC, MPWLC may terminate the contract after giving 1 months’

notice, and the decision of MPWLC on the matter shall be final and binding on the bidder and

the bidder agrees to not challenge the decision of MPWLC in any court of law or appellate

tribunals or any other competent authority. Upon termination of the contract, MPWLC shall

be at liberty to get the work done at the risk and expense of the Successful Bidder through

any other agency, and to recover from the Successful Bidder compensation or damages.

b. Subject to the provisions mentioned here-under this Agreement shall terminate at the expiry

of the agreement term.

c. Either party may terminate this Agreement if the other party breaches the terms of this

Agreement and fails to rectify it within 30 days of receiving notice of breach.

d. Either party with the consent of the other party can terminate this Agreement by giving 30

days written notice.

e. MPWLC reserves the right to terminate the contract in case Bidder is or gets blacklisted by

the Government of Madhya Pradesh, or any other Department / Ministry of Government of

India during the course of Project or if the Bidder is convicted in a legal/tax evasion case or

on account of any other legal misconduct of the Bidder.

f. In the event MPWLC terminates this Agreement due to the breach of the Bidder as per the

conditions of this agreement, the MPWLC shall be entitled to invoke the Performance Bank

Guarantee.

g. MPWLC may, at any time, terminate the engagement by giving 30 days written notice to the

Bidder without any compensation(if the Bidder becomes bankrupt or otherwise insolvent),

provided that such termination will not prejudice or affect any right of action or remedy

which has accrued or will accrue thereafter to MPWLC

h. The engagement of the Bidder shall be suspended and the Bidder may be blacklisted

forthwith by the MPWLC under following circumstances/reasons:

i. Violation of any condition of the tender/ contract or part of any condition of the tender

contract of engagement, or

ii. On finding software being used is pirated, or

iii. If it is found that during the process of award of contract, fraudulence was made by the

Bidder or the Bidder if found to resort to the fraudulent practice in getting supply order

like offering incentive in terms of free product or money.

i. Before taking final decision on the matter, all concerned will be given reasonable

opportunities to explain their stand. After enquiry, if the Bidder is found guilty, the

engagement of the concerned Bidder for the services in question can be cancelled and other

appropriate legal action shall also be initiated against all concerned. In case of any dispute,

the decision of the Managing Director, MPWLCshall be final and binding.

7.7 Liquidated Damages

In the event of delay or any gross negligence in implementation of the project, for causes solely

attributable to the Successful Bidder, in meeting the deliverables, MPWLC shall be entitled at its

option to recover from the Successful Bidder as agreed, liquidated damages, a sum of 0.5% of the

value of the deliverable which suffered delay or gross negligence for each completed week or part

thereof, subject to a limit of 10% of the total contract value. This right to claim any Liquidated



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Damages shall be without prejudice to other rights and remedies available to MPWLC under the

contract and law.

7.8 Amendment

No provision of Contract shall be changed or modified in any way (including this provision) either

in whole or in part except by an instrument in writing made after the date of this Contract and

signed on behalf of all the parties and which expressly states to amend the present Contract.

7.9 Corrupt / Fraudulent Practices

a. MPWLC requires that the Bidders under this tender should observe the highest standards of

ethics during the procurement and execution of such contracts. In pursuance of this policy,

MPWLC defines the terms set forth as follows:

b. “Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value to

influence the action of the public official in the award of the contract, procurement process

or in contract execution;

c. In the event of corrupt practice and fraudulence in addition to penal action as per the terms

and conditions of the contract, legal action shall also be initiated against the concerned.

d. “Fraudulent practice” means a misrepresentation of facts in order to influence award of

contract or a procurement process or an execution of a contract to the detriment of MPWLC,

and includes collusive practice among Bidders (prior to or after bid submission) designed to

establish bid prices at artificial non-competitive levels and to deprive MPWLC of the benefits

of the free and open competition;

e. MPWLC will suspend the award of contract if prima-facie it is established that the bidder had

engaged in corrupt or fraudulent practices in competing for the contract in question.

f. MPWLC will declare a Bidder ineligible after giving opportunity of being heard, either

indefinitely or for a stated period of time, to be awarded a contract if at any time it is found

that the Bidder has engaged in corrupt and fraudulent practices in competing for, or in

executing, this contract.

7.10 Resolution of Disputes

a. MPWLC and the successful bidders shall make every effort to resolve amicably by direct

informal negotiation, any disagreement or dispute, arising between them under or in

connection with the contract.

b. Any dispute or difference whatsoever arising between the parties to this Contract out of or

relating to the meaning, scope, operation or effect of this Contract or the validity of the breach

thereof, which cannot be resolved, shall be referred to a sole Arbitrator to be appointed by

mutual consent of both the parties herein. If the parties cannot agree on the appointment of

the Arbitrator within a period of one month from the notification by one party to the other

of existence of such dispute, then the Arbitrator shall be nominated by the Secretary, Law

Department, Government of Madhya Pradesh (“Law Secretary”). The provisions of the

Arbitration and Conciliation Act, 1996 will be applicable and the award made there under

shall be final and binding upon the parties hereto, subject to legal remedies available under

the law. Such differences shall be deemed to be a submission to arbitration under the Indian

Arbitration and Conciliation Act, 1996, or of any modifications, Rules or re-enactments

thereof. The Arbitration proceedings will be held at Bhopal, Madhya Pradesh, India and the

Bidder unconditionally shall abide by this clause.

c. The Successful Bidder shall have to continue execution of the project with due diligence

notwithstanding pendency of a dispute before any authority or forum

7.11 Legal Jurisdiction

This contract has been entered into the State of Madhya Pradesh and its validity, execution,



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interpretation and legal effect shall be subjected to the exclusive jurisdiction of the courts in

Bhopal. No other jurisdiction shall be applicable

7.12 Indemnity

The Successful Bidders/Bidder shall indemnify, protect and save MPWLC (including all its

employees and associated departments) against all claims, losses, costs, damages, expenses,

action suits and other proceeding, resulting from infringement of any patent, trademarks,

copyrights etc. or such other statutory infringements in respect of all components (like system

software, software tools, hardware, use of pirated software, etc.) and the services rendered under

this tender.

7.13 Publicity

Any publicity by the bidder in which the name of the Indenter/buyer is to be used should be done

only with the explicit written permission of the Indenter/buyer.

7.14 Performance Obligations

While providing services as per Scope of Work, the Successful Bidder shall ensure that there is no

infringement of any patent or design rights or violate any intellectual property or other right of

anyperson or entity and shall comply with all applicable Laws, Statute, regulations and

Governmental requirements and he/she shall be solely and fully responsible for consequence /

any actions due to any such infringement.

7.15 Force Majeure

Force Majeure would include natural and unavoidable catastrophe that interrupts the expected

course of events.

a. For purposes of this clause, “Force Majeure” means an event beyond the control of both the

parties (Govt. &Bidder) and not involving the both the parties and not involving the fault of

both the parties or negligence and not foreseeable. Such events may include, but are not

restricted to, instances of, wars or revolutions, fires, floods, epidemics, quarantine

restrictions and freight embargoes which would have an impact on both the parties.

b. If a Force Majeure situation arises, the any of the parties shall promptly notify the other in

writing of such conditions and the cause thereof. Unless otherwise directed by, the bidder

shall seek all reasonable alternative means for performance not prevented by the Force

Majeure event.

c. MPWLC may also discuss the issue with the Bidder and revise the existing timelines for the

Project. If the Bidder does not complete the Project Implementation in accordance with the

revised timelines, MPWLC will have the option to invoke the Performance Guarantee and/or

terminate this Agreement.

d. If an event of Force Majeure continues for a period of sixty (60) days or more, the parties

may, by mutual agreement, terminate the Contract without either party incurring any further

liabilities towards the other with respect to the Contract, other than to effect payment for

services already delivered or performed.

e. The Force Majeure circumstances and events shall include the following events to the extent

that such events or their consequences (it being understood that if a causing event is within

the reasonable control of the affected party, the direct consequences shall also be deemed to

be within such party's reasonable control) satisfy the appropriate definition as per this

agreement. Without limitation to the generality of the foregoing, Force Majeure Event shall

include the following classes of events and circumstances and their effects:

i. Natural events (“Natural Events”) to the extent they satisfy the foregoing

requirements including:

• Any material effect on the natural elements, including lightning, fire,



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earthquake, cyclone, flood, storm, tornado, or typhoon;

• Explosion or chemical contamination (other than resulting from an act of

war);

• Epidemic such as plague;

• Any event or circumstance of a nature analogous to any of the foregoing

ii. Other Events (Political Events) to the extent that they satisfy the foregoing

requirements including:

• Act of war (whether declared or undeclared), invasion, armed conflict or act

of foreign enemy, blockade, embargo, revolution, riot, insurrection, civil

commotion, act of terrorism or sabotage;

• Any act of Government

• Strikes, work to rules, go-slows which are either widespread, nation-wide,

or state-wide and are of political nature;

• Any event or circumstance of a nature analogous to any of the foregoing

7.16 Right to terminate the process

a. MPWLC, reserves the right to accept or reject any tender offer, and to annul the tendering

process and reject all tenders at any time prior to award of control, without thereby incurring

any liability to the affected bidder(s) or any obligation to inform the affected bidder(s) of the

grounds for such action.

b. MPWLC makes no commitments, explicit or implicit, that this process will result in a business

transaction with anyone. Further, this RFP does not constitute an offer by MPWLC.



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8.0 ANNEXURES

8.1 Annexure I: Covering Letter for Pre-Qualification Criteria

To

Managing Director,


Office Complex, Block 'A', Gautam Nagar,

Bhopal- 462023. Madhya Pradesh

Sub: Submission of Eligibility Criteria requirements

Ref: RFP forAppointment of Transaction Advisor for establishment of Multi-Modal Logistics

Parks in M.P. State (Tender No: __________ Dated: __/__/____)

Dear Sir,

Having examined the RFP, the receipt of which is hereby duly acknowledged, we, the

undersigned, offer to provide the scope of services, as required and outlined in the RFP.

We attach hereto our responses to Eligibility Criteria requirements.

We confirm that the information contained in these responses or any part thereof, including the

exhibits, and other documents and instruments delivered or to be delivered to MPWLC is true,

accurate, verifiable and complete. This response includes all information necessary to ensure that

the statements therein do not in whole or in part mislead the department in its short-listing

process.

We fully understand and agree to comply that on verification, if any of the information provided

here is found to be misleading the selection process, we are liable to be dismissed from the

selection process or termination of the contract during the project, if selected to do so.

We agree for unconditional acceptance of all the terms and conditions set out in the RFP

document and also agree to abide by this tender response for a period of 180 days from the due

date of submission of proposal.

We hereby declare that in case we are chosen as the Successful Bidder, we shall submit the PBG

in the form prescribed in the RFP.

We agree that you are not bound to accept any tender response you may receive. We also agree

that you reserve the right in absolute sense to reject all or any of the products/ services specified

in the tender response.

Following are the particulars of our organization:

S.No, Description Details (to be filled by the

bidder)

1 Name of the Company

2 Official Address with Phone No., Fax No., E-Mail id

3 Corporate Headquarters Addresswith Phone No., Fax



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No., E-Mail id

4 Website Address

5 Details of Company’s Registration (Pleaseenclose

copy of the company registrationdocument)

6 Name of Registration Authority

7 Registration Number and Year of Registration

8 GST registration No.

9 Permanent Account Number (PAN)

Contact Details of officials for future correspondence regarding the bid process:

Details Authorised Signatory Secondary Contact

Name

Title

Company Address

Phone Number

Mobile Number

E-Mail id

It is hereby confirmed that I/We are entitled to act on behalf of our company and empowered to sign

this document as well as such other documents, which may be required in this connection.

Yours Faithfully

[Authorized signatory]

[Designation]

[Place]

[Date and Time]

[Seal &sign]

[Business Address]



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8.2 Format of Project Details

Bidder to provide project details as required in # 7 &8 of Clause 3.2.1, Eligibility Criteria in the

below given formats:

8.2.1 Advisory / Consultancy / Feasibility Services

S.No. Details Required Description

1 Assignment Name& Location

2 Client Details

3 Assignment Timelines

4 Contract Amount (in Rs Cr)

5 Detailed description of the Assignment

6 Current Status of Project as a result of Assignment

Completion

8.2.2 PPP Project Experience

S.No. Details Required Description

1 Assignment Name & Location

2 Client Details

3 Assignment Timelines

4 Contract Amount (in Rs Cr)

5 Detailed description of the Assignment

6 Current Status of Project as a result of Assignment

Completion



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8.3 Self-declaration for not being blacklisted by any Government Entity

(On Bidder’s Letterhead)

To

Managing Director,




Sub: Declaration for not being blacklisted by any Government Entity



Dear Sir,

In response to the above mentioned RFP I/We, _______________, as ________

<Designation>______ of M/s_____________, hereby declare that our Company / Firm __________is

having unblemished past record and is not declared blacklisted or had our contract terminated

or ineligible to participate for bidding by any State/Central Govt., Semi-government or PSU due

to unsatisfactory performance, breach of general or specific instructions, corrupt / fraudulent

or any other unethical business practices..

Yours Faithfully

[Authorized Signatory]

[Designation]

[Place]

[Date and Time]

[Seal &sign]

[Business Address]



Page 24 of 31

8.4 Format for Queries

To

Managing Director,




Sub: Submission of Queries

Ref : RFP forAppointment of Transaction Advisor for establishment of Multi-Modal Logistics


Dear Sir,

We have gone through the bid document and have following queries:-

S. No.

Clause No in RFP

Page Number

Query

Request your kind response of the same.

Yours Faithfully

(Authorized Signatory)

Designation

(Place)

(Date and Time)

(Seal and Sign)

(Business Address)



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8.5 Annexure II: Financial Proposal Format

8.5.1 Covering Letter for Financial Proposal

To

Managing Director,




Sub: Submission of Financial Proposal



Dear Sir,

Having examined the RFP, the receipt of which is hereby duly acknowledged, we, the

undersigned, offer to provide the professional services for scope of work as required and outlined

in the RFP.

We confirm that the information contained in these responses or any part thereof, including the

exhibits and other documents delivered or to be delivered to MPWLC is true, accurate, verifiable

and complete. This response includes all information necessary to ensure that the statements

therein do not in whole or in part mislead the department in its short-listing process.

We fully understand and agree to comply that on verification, if any of the information provided

here is found to be misleading the selection process, we are liable to be dismissed from the

selection process or contract terminated during the engagement period, if selected to do so.

We agree for unconditional acceptance of all the terms and conditions set out in the RFP

document and also agree to abide by this tender response for a period of 180 days from the date

fixed for bid opening.

We agree that you are not bound to accept any tender response you may receive. We also agree

thatyou reserve the right in absolute sense to reject all or any of the products/ services specified

in thetender response.

It is hereby confirmed that I/We are entitled to act on behalf of our company/ corporation/

firm/organization and empowered to sign this document as well as such other documents, which

may berequired in this connection.

Thanking you,

Yours faithfully


Designation

(Place) / (Date and Time) / (Seal and sign) / (Business Address)



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8.5.2 Financial Proposal

(to be submitted online only on e-procurement portal)



(Tender No: __________ Dated: __/__/____)

S.No. Particulars Rate in Rs (in figures and

words)

1

Providing following Transaction Advisory Services

and as detailed in the Scope of Work of the RFP:

• Feasibility Study Report

• Techno-Economic Study Report

• Final Report

• Policy Formulation

• Bid Process Management

• Exit Management

1a Basic Cost

1b Taxes (please detail)

2 Amount

2a Total Amount in words:

2b Total Amount in figures:

Note:-

a. Bidder to fill # 1a,1b,2a and 2b in the above table.

b. In the event of mismatch in figures and words, prices in words shall prevail. In the event of

spelling mistakes in words, figures would be considered.

c. In the event of mismatch in total amount mentioned and as calculated as basic cost plus taxes,

total amount shall be calculated by adding basic cost plus taxes.

d. Fee quoted shall remain fixed for the entire contract period

I/we agree that this offer will be subject to the terms and conditions mentioned in the RFP

document.

Yours faithfully


Designation

(Place)

(Date and Time)

(Seal and Sign)

(Business Address)

8.6 Statement of No Deviation from the RFP Requirements

(Letter on the bidder’s Letterhead)

To

Managing Director,




Sub: Undertaking of No deviation from RFP terms and conditions

Ref: RFP forAppointment of Transaction Advisor for establishment of Multi-Modal Logistics Parks

in M.P. State (Tender No: __________ Dated: __/__/____)

Dear Sir,

I would like to state that in the proposal submitted by us, there are no deviations from the RFP

Eligibility Criteria, Scope of Work, Terms & Conditions and proposed for this engagement.

Thanking you,

Yours Faithfully

[Authorized Signatory]

[Designation]

[Place]

[Date and Time]

[Seal &sign]

[Business Address]

Page 28 of 31

8.7 Annexure III: Format of PBG

Format of Performance Bank Guarantee (PBG)

[Date]

To

Managing Director,




Sub: Submission of Performance Bank Guarantee (PBG)

Ref: RFP forAppointment of Transaction Advisor for establishment of Multi-Modal Logistics Parks

in M.P. State (Tender No: __________ Dated: __/__/____)

Dear Sir,

WHEREAS

M/s. (name of successful bidder), a company registered under the Companies Act, 1956 / 2013 OR

Partnership Firm, having its registered office at (address of the successful bidder), (hereinafter

referred to as “our constituent”, which expression, unless excluded or repugnant to the context or

meaning thereof, includes its successors and assignees), agreed to enter into a contract dated ……..

(Herein after, referred to as “Contract”) with you (Madhya Pradesh Warehousing and Logistics

Corporation(MPWLC)) for Selection of Transaction Advisorfor providing services as detailed in the

Scope of Work for the establishment of Multi-Modal Logistics Parks in M.P. State.

We are aware of the fact that as per the terms of the contract, M/s. (name of successful bidder) is

required to furnish an unconditional and irrevocable bank guarantee of amount of 10% of Contract

Amountin favour of MPWLC for an amount <<....>> and guarantee the due performance by our

constituent as per the contract and do hereby agree and undertake to pay the amount due and

payable under this bank guarantee, as security against breach/ default of the said contract by our

constituent.

In consideration of the fact that our constituent is our valued customer and the fact that he has

entered into the said contract with you, we, (name and address of the bank), have agreed to issue

thisPerformance Bank Guarantee. Therefore, we (name and address of the bank) hereby

unconditionally and irrevocably guarantee you as under:

In the event of our constituent committing any breach/default of the said contract, and which has

not been rectified by him, we hereby agree to pay you forthwith on demand such sum/s not

exceeding the sum of amount <<....>>), without any demur.

Notwithstanding anything to the contrary, as contained in the said contract, we agree that your

decision as to whether our constituent has made any such default(s) / breach(es), as aforesaid and

Page 29 of 31

the amount or amounts to which you are entitled by reasons thereof, subject to the terms and

conditions of the said contract, will be binding on us and we shall not be entitled to ask you to

establish your claim or claims under this Performance Bank Guarantee, but will pay the same

forthwith on your demand without any protest or demur.

We further agree that the termination of the said agreement, for reasons solely attributable to our

constituent, virtually empowers you to demand for the payment of the above said amount under

this guarantee and we would honor the same without demur.

We hereby expressly waive all our rights to pursue legal remedies against MPWLC and other

Concerned Government Departments of Madhya Pradesh.

We the guarantor, as primary obligor and not merely surety or guarantor of collection, do hereby

irrevocably and unconditionally give our guarantee and undertake to pay any amount you may

claim (by one or more claims) up to but not exceeding the amount mentioned aforesaid during the

period from and including the date of issue of this guarantee through the period.

We specifically confirm that no proof of any amount due to you under the contract is required to be

provided to us in connection with any demand by you for payment under this guarantee other than

your written demand.

Any notice by way of demand or otherwise hereunder may be sent by special courier, telex, fax,

registered post or other electronic media to our address, as aforesaid and if sent by post, it shall be

deemed to have been provided to us after the expiry of 48 hours from the time it is posted.

If it is necessary to extend this guarantee on account of any reason whatsoever, we undertake to

extend the period of this guarantee on the request of our constituent upon intimation to you.

This Performance Bank Guarantee shall not be affected by any change in the constitution of our

constituent nor shall it be affected by any change in our constitution or by any amalgamation or

absorption thereof or therewith or reconstruction or winding up, but will ensure to your benefit

and be available to and be enforceable by you during the period from and including the date of issue

of this guarantee through the period.

Notwithstanding anything contained hereinabove, our liability under this Performance Guarantee

is restricted to amount <<....>>), and shall continue to exist, subject to the terms and conditions

contained herein, unless a written claim is lodged on us on or before the aforesaid date of expiry of

this guarantee.

We hereby confirm that we have the power/s to issue this Guarantee in your favor under the

Memorandum and Articles of Association/ Constitution of our bank and the undersigned is/are the

recipient of authority by express delegation of power/s and has/have full power/s to execute this

guarantee under the Power of Attorney issued by the bank in your favor.

We further agree that the exercise of any of your rights against our constituent to enforce or forbear

to enforce or any other indulgence or facility, extended to our constituent to carry out the

contractual obligations as per the said Contract, would not release our liability under this guarantee

and that your right against us shall remain in full force and effect, notwithstanding any arrangement

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that may be entered into between you and our constituent, during the entire currency of this

guarantee.

Notwithstanding anything contained herein, our liability under this Performance Bank Guarantee

shall not exceed amount INR <<....>>

The PBG shall be remain valid during the entire contract period of21 months from date of contract

agreement and any extensions thereof plus additional 6 Months; and We are liable to pay the

guaranteed amount or part thereof under this Performance Bank Guarantee only if we receive a

written claim or demand on or before …. (Date).

Any payment made hereunder shall be free and clear of and without deduction for or on account of

taxes, levies, imports, charges, duties, fees, deductions or withholding of any nature imposts.

This Performance Bank Guarantee must be returned to the bank upon its expiry. If the bank does

not receive the Performance Bank Guarantee within the above-mentioned period, subject to the

terms and conditions contained herein, it shall be deemed to be automatically cancelled.

This guarantee shall be governed by and construed in accordance with the Indian Laws and we

hereby submit to the exclusive jurisdiction of Courts of Justice in Bhopal (M.P) for the purpose of

any suit or action or other proceedings arising out of this guarantee or the subject matter hereof

brought by you may not be enforced in or by such count.

Dated ……………………. this ……….. Day …………. 2020

Yours faithfully,

For and on behalf of the ……………

Bank,

(Signature)

Designation

(Address of the Bank)

Note:

This guarantee will attract stamp duty as a security bond.

A duly certified copy of the requisite authority conferred on the official/s to execute the guarantee

on behalf of the bank should be annexed to this guarantee for verification and retention thereof as

documentary evidence.

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END OF DOCUMENT