Request for Proposal (RFP)

For

Appointment of State Programme Implementation Unit (S

(SPIU)
Under
Raising and Accelerating MSME Performance (RAMP)
Government of Uttar Pradesh

Uttar Pradesh Small Industries Corporation Ltd,

(An Uttar Pradesh Govt. undertaking)
110, Kanpur Rd, Industrial Estate, Fazalganj Industrial Estate, Kanpur,
Uttar Pradesh 208012
 NOTICE INVITING TENDER
FOR

Appointment of State Programme Implementation Unit (SPIU) under Raising and Accelerating
MSME Performance (RAMP) Government of Uttar Pradesh

Uttar Pradesh Small Industries Corporation Ltd. (UPSIC), Kanpur, Uttar Pradesh invites
technical and financial proposals from management consultancy firms who have prior
experience of working as State Programme Implementation Unit (SPIU) with State
Government(s)/GoI as consultants.

This RFP document is being prepared to provide details about scope of work, expectations
from consultant, bidding procedure and can be downloaded from e-Tender Portal of Uttar
Pradesh (https://etender.up.nic.in).

Response to this RFP shall be deemed to have been done after careful study and examination
of this document with the full understanding of its implications. This section provides general
information about the Issuer, important dates and addresses, and the overall eligibility criteria
for the parties. The RFP/tender document cost of INR 10,000+ 18% GST = INR 11,800 is to
be submitted vide crossed demand draft on any Nationalized Bank/ Scheduled Bank in favour
of the “U.P. Small Industries Corporation Limited”, payable at Kanpur, Uttar Pradesh.

Issuer:
Managing Director,
U.P. Small Industries Corporations Limited
110, Kanpur Rd, Industrial Estate, Fazalganj Industrial Estate,
Fazalganj, Kanpur, Uttar Pradesh 208012
Phone: 0512-2241622, 0512-2236642
Fax: 0512-2213974
Email:[email protected], [email protected]

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 Disclaimer

The information contained in this Request for Proposal (hereinafter referred to as "RFP")
document provided to the Bidder(s) by the Uttar Pradesh Small Industries Corporation Ltd.
(UPSIC), Kanpur, Uttar Pradesh herein after referred to as Department, or any of their
employees or advisors, is provided to the Bidder(s) on the terms and conditions set out in this
RFP document and all other terms and conditions subject to which such information is
provided.

The purpose of this RFP document is to provide the Bidder(s) with information to assist in the
formulation of Proposals. This RFP document does not purport to contain all the information
each Bidder may require.

This RFP document may not be appropriate for all persons, and it is not possible for the
Department, their employees, or advisors to consider the business/investment objectives,
financial situation and particular needs of each Bidder who reads or uses this RFP document.
Each Bidder should conduct its own investigations and analysis and should check the
accuracy, reliability, and completeness of the information in this RFP document and where
necessary obtain independent advice from appropriate sources.

Department, their employees and advisors make no representation or warranty and shall incur
no liability under any law, statute, rules or regulations as to the accuracy, reliability or
completeness of the RFP document.

Department may, in its absolute discretion, but without being under any obligation to do so,
update, amend or supplement the information in this RFP document.

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Contents
1. Fact Sheet................................................................................................................................................. 7
2. Terms of Reference ................................................................................................................................ 8
2.1. Background ..................................................................................................................................... 8
2.2. RAMP Programme development objective and result areas .............................................. 8
2.3. Objectives of the Assignment ..................................................................................................... 9
2.4. Scope of Work ............................................................................................................................... 10
2.5. Eligibility Criteria .......................................................................................................................... 11
2.5.1. Eligibility requirements for the Entity/Consulting Firm/Organization ............................ 11
3. Instruction to the Bidders .................................................................................................................. 13
3.1 General Conditions of Contract ........................................................................................................ 13
3.2 Definitions .............................................................................................................................................. 13
3.3 Compliant Tenders/ Completeness of Response ........................................................................ 13
3.4 Bidder queries & Clarifications ......................................................................................................... 14
3.4.1 Bidders Queries........................................................................................................................... 14
3.4. 2 Respo nses to Pre-b id Queries and Issue of Corrigend um ..................................... 14
3.5 Key Requirements of the Bid ............................................................................................................ 15
3.5.1 RFP Document F ees ................................................................................................................. 15
3.6 Earnest Money Deposit ....................................................................................................................... 15
3.7 Submission of Responses ................................................................................................................. 15
3.8 Authentication of Bids ........................................................................................................................ 15
3.9 Rights to terminate the process ....................................................................................................... 16
3.10 Preparation and Submission of Proposal ...................................................................................... 16
3.10.1. Proposal Preparation Costs .................................................................................................. 16
3.10.2. Language .............................................................................................................................. 16
3.10.3. Late Bids ............................................................................................................................... 16
3.11 Evaluation Process .............................................................................................................................. 16
6.1.1 Tender Opening .............................................................................................................................. 17
6.1.2 Tender Validity .............................................................................................................................. 17
6.1.3 Tender Evaluation ..................................................................................................................... 17
3.12 Modification and withdrawal of Bids ............................................................................................... 17
3.13 Proposal Forms .................................................................................................................................... 17
3.14 Local Conditions .................................................................................................................................. 17
3.15 Contacting the Uttar Pradesh Small Industries Corporation Limited, Kanpur, Uttar
Pradesh ................................................................................................................................................... 18
3.16 Eligibility Criteria .................................................................................................................................. 18
3.17 Tentative Schedule of Events............................................................................................................ 18
3.18 Opening of Proposal ............................................................................................................................ 18

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3.19 Deciding Award of Contract .............................................................................................................. 18
3.20 Confidentiality ....................................................................................................................................... 19
3.21 Execution of the Agreement .............................................................................................................. 20
3.22 Performance Guarantee ...................................................................................................................... 20
3.23 Duration of Contract ............................................................................................................................ 20
3.24 Terms and Conditions: Applicable Post Award of Contract ..................................................... 20
3.24.1 Te rmination Clause .................................................................................................................. 20
3.2 4.2 Termin ation fo r Defau lt ............................................................................................... 21
3.2 4.3 Termin ation fo r I nsolve ncy ....................................................................................... 21
3.2 4.4 Termin ation fo r Con veni en ce .................................................................................. 21
3.2 4.5 Termin ation b y Depar tment ....................................................................................... 22
3.2 4.6 Termin ation b y Select ed Bidd er ............................................................................. 23
3.2 4.7 Co nsequ ence s of Terminatio n ................................................................................ 23
3.2 5 Liq ui dated Damages ................................................................................................................ 24
3.2 6 Dispu te Re so lutio n Mechan ism ...................................................................................... 24
3.2 7 Notices ............................................................................................................................................ 24
3.2 8 Governing Law ............................................................................................................................. 25
3.2 9 Ju risdictio n of Court s .......................................................................................................... 25
3.3 0 Comp liance w ith Laws........................................................................................................... 25
3.3 1 Fo rce Majeure .............................................................................................................................. 25
3.3 2 Failu re to agree w i th Te rms and Conditions of the RF P...................................... 26
3.33 Onsite Deployment............................................................................................................................... 26
4. Contract Performance Guarantee .................................................................................................... 26
5. Statutory Requirements ...................................................................................................................... 26
6. Contract administration ...................................................................................................................... 27
7. Right of Monitoring, Inspection and Periodic Audit .................................................................... 27
7.1 Severance ............................................................................................................................................... 27
7.2 “No Claim” Certificate .......................................................................................................................... 28
7.3 Publicity .................................................................................................................................................. 28
7.4 Department’s Obligations .................................................................................................................. 28
7.5 Information Security ............................................................................................................................ 28
7.6 Indemnity ................................................................................................................................................ 28
7.7 Prices ....................................................................................................................................................... 29
7.8 Payment Schedule ............................................................................................................................... 29
7.9 Conflict of Interest ................................................................................................................................ 29
7.10 General .................................................................................................................................................... 29
7.10.1 Entire Contract............................................................................................................................. 29
7.10.2 Transfer of Assignment .................................................................................................... 29

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7.10.3 Survival ................................................................................................................................... 29
7.10.4 Modification ................................................................................................................................... 30
7.1 0.5 Waiver ..................................................................................................................................... 30
7.10.6 Taxes ............................................................................................................................................... 30
7.10.7 Application ..................................................................................................................................... 30
7.10.8 Relationship bet ween t he Parties ........................................................................................ 30
7.10.9 Continuance of the Con tract: ................................................................................................. 30
7.10.10 Fraud and Corrupt Practices ............................................................................................ 30
7.10.11 Reports ................................................................................................................................... 32
7.10.12 Intellectual Pro perty Rights .......................................................................................... 32
8. Team Composition & Qualification - ............................................................................................... 33
9. Evaluation and Selection .................................................................................................................... 40
9.1 Technical Evaluation ........................................................................................................................... 40
9.2 Financial Evaluation ............................................................................................................................... 46
9.3 Selection .................................................................................................................................................. 47
10. Annexures .............................................................................................................................................. 48
10.1 Annexure I: Proposal Covering Letter ............................................................................................... 48
10.2 Annexure II: Particulars of Bidder ........................................................................................................ 49
10.3 Annexure III: Turnover ........................................................................................................................... 50
10.4 Annexure IV -Self-Declaration of non-blacklisting .................................................................... 51
10.5 Annexure V- Current resource strength as of March 2023 ..................................................... 52
10.6 Annexure VI - Organization Project Experience ........................................................................ 53
10.7 Annexure VII - Approach & Methodology .................................................................................... 54
10.8 Annexure VIII- CV format .................................................................................................................... 55
10.9 Format for Power of Attorney ................................................................................................................ 57
10.10 Annexure III: Financial Proposal Format ................................................................................... 58
10.11 Annexure IV: Draft Performance Guarantee Format ............................................................... 60

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1. Fact Sheet

Sr. No. Particulars Details

1 RFP/ Tender Availability 02.11.2023
2 Last date for receiving queries 07.11.2023
3 Date of Pre-Bidding Meeting 08.11.2023
4 Response to queries 16.11.2023
5 Proposal Due Date 23.11.2023
6 Technical Proposal Opening 24.11.2023
7 Financial Bid Opening To be intimated
8 Cost of Tender (Demand INR 10,000 + 18% GST = INR 11,800
Draft) (Eleven Thousand Eight hundred only)
9 Earnest Money Deposit (EMD) Rs. 500,000 (INR Five Lac Only)
in the form of Demand Draft
10 Performance Bank Guarantee 3 % of the Total Consultancy Fees of the
selected bidder
11 Website for Tender e-Tender Portal of Uttar Pradesh
Documents (https://etender.up.nic.in)
12 Method of Selection QCBS 70:30
13 Tender Inviting Authority Managing Director,
U.P. Small Industries Corporations Limited
110, Kanpur Rd, Industrial Estate, Fazalganj
Industrial Estate,
Fazalganj, Kanpur, Uttar Pradesh 208012
Phone: 0512-2241622, 0512-2236642
Fax: 0512-2213974
Email: [email protected],

Note:
 Department reserves the right to change any schedule of bidding process. Please
visit the Department website regularly for the same.
 Proposals must be received not later than time, date and venue mentioned in the
Fact Sheet. Proposals that are received after the deadline WILL NOT be considered
in this procurement process.

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2. Terms of Reference

2.1. Background

Raising and Accelerating MSME Performance (RAMP) is a World Bank supported

Programme, supporting the Ministry of MoMSME’s “Implementing MSME competitiveness
Programme- post Covid Resilience and Recovery Programme (MCRRP)”, which aims at
strengthening schemes that focus on improving market access, access to credit, access to
technology, strengthening institutions and governance at the Centre and State, improving
Centre-State linkages and partnerships, addressing issues of delayed payments, and greening
of MSMEs.
RAMP supports this overall Programme and focuses primarily on building capacity of National
and State level agencies, build platforms for provision of critical services to MSMEs and
enhancing outcomes from competitiveness related schemes.
This Term of Reference is for setting up of a State Programme Implementation Unit (SPIU)
hired by the State of Uttar Pradesh. Uttar Pradesh Small Industries Corporation Limited
(UPSIC) has been notified as the agency for the Programme implementation in the State of
Uttar Pradesh.
The Uttar Pradesh Small Industries Corporation is the State Government Corporation. It has
been established by the State Government for the conducive ecosystem in handling supply
chain management and to the manufacturing units of Uttar Pradesh. Most of these industrial
clusters have seen decline in recent years and face severe challenges of remaining
competitive in increasingly globalized economy.
Accordingly, the UPSIC was designated as the State's nodal agency for implementation of
RAMP Programme (Raising and Accelerating MSME Performance). To attract investment,
MSME Performance in the state UPSIC aims to implement RAMP in Uttar Pradesh. Moreover,
to increasing the productivity of organisation department is implementing IT system and
developing standard operating procedures to promote ease of doing business in the state.

In this regard, UPSIC intends to on-board an agency, to assists and support State
Government in improving the business climate by ensuring effective and on ground
Consultancy Services, help in developing primary research, stakeholder consultations, Policy
formulations and collaborations of stakeholders to provide effective solution.

2.2. RAMP Programme development objective and result areas

The Programme development objective is to strengthen institutions and markets for MSMEs at
the Central Government level and in States.
Implementation of key policies in Results Area I unlocks institutional capacity that makes
possible the progress targeted under Results Area II. Results Area II supports the
enhancement of quality and scalability of market-based support services to MSMEs, with a
particular focus on results in the participating States.

RA#1: Strengthening Institutions and Governance of the MSME Programme. This will target
results at the Central and State levels to address institutional capacity and coordination
constraints. This RA aims to strengthen federal and State institutions to deliver on the MSME
agenda through better CG level and CG -State coordination on the MSME sector; enhanced
policy capacity of MoMSME to undertake evidence-based policy and Programme design;

8
improved and interoperable portals to deliver online services to MSMEs at scale and in a cost-
effective manner; and a more decentralized, flexible and cohesive MSME Programme led by
States.

RA#2: Support to Firm Capabilities and Access to Markets, Access to Finance. The
interventions will aim to use technology-driven solutions and leverage platform approaches to
achieve economies of scale and better outreach of quality market-based private sector service
provision in the areas of firm capabilities and access to finance. This RA aims to improve the
quality, coverage and delivery of the existing Firm Capabilities schemes and strengthen the
market for BDS; improve access to finance and working capital by strengthening receivable
financing markets for MSMEs through well-functioning digital factoring platforms; improve
access to finance for women entrepreneurs and greening investments through CGTMSE; and
strengthen dispute resolution mechanisms for delayed payments to MSMEs by incorporating
online dispute resolution and private sector provision of these services.

The following Key Performance Indicators (KPIs) are proposed to measure progress towards
this Project Development Objective:

 Improved Firm Capabilities from utilizing Schemes - measured by MSME Champions

Scheme and linked schemes uptake.
 Increased access to finance for female-headed businesses - measured by the volume of
credit guarantees.
 Increased access to finance for green investments - measured by the volume of credit
guarantees.
 Increased MSME access to factoring – measured by the value of invoices placed on the
TReDS platform.
 Increased resolution rate for delayed payments – measured by the number of MSMEs
able to unblock payments via ODR platforms accessed via the MoMSME Samadhaan
portal.

The principal beneficiaries of this operation are: MSMEs in the target States. The principal
beneficiaries are formal MSMEs (as per the revised MSME definitions9) with the intention and
potential to grow, invest in themselves and improve productivity.
 The Ministry of MSMEs. The primary CG agency supported by the operation.
 The focus State governments. The specific departments and agencies of the focus
State governments who will be the primary beneficiaries of the operation will be
identified as part of the State MSME SIPs.

2.3. Objectives of the Assignment

Uttar Pradesh Small Industries Corporation Limited, Government of Uttar Pradesh intends to
select an agency to who will be responsible to set up the Programme Implementation Unit to
support the State in designing, planning, implementation and monitoring of the World Bank
assisted Raising and Accelerating MSME Performance (“the Programme”).

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 The hired SPIU will deploy fulltime onsite resources to establish the Programme
Implementation Unit (PIU) at Kanpur, Uttar Pradesh to support Uttar Pradesh Small Industries
Corporation Limited.in the State of Uttar Pradesh.
The main purpose for setting up the PIU is to assist the State in the implementation of RAMP
Programme in the State.

2.4. Scope of Work

i. Support the State in all matters relating to Programme implementation as defined in the
Programme implementation manual of RAMP Programme
ii. Support the State department in monitoring, coordinating and implementation of State
Strategic Investment Plan (SIP)
iii. Facilitating convergence with other Central and State schemes and availing benefits of
State incentives for MSME.
iv. Support strengthening existing government departments/service providers that support
the last mile MSME ecosystem.
v. Assist in structured interface/ workshop with stakeholders and related departments,
financial Institutions, research and development institutions etc.
vi. Assist in compliance and in meeting various reporting requirements of Government of
India (GoI) and World Bank.
vii. Monitoring the performance and results of other consultancies under RAMP at the State
- level, during the duration of the Programme.
viii. Assist in communication and dissemination of information, exchange of knowledge and
experience.
ix. Integration of MIS system and portal developed for the Programme, provide input on real
time basis and retrieval of information from the system for use.
x. Any other activity related to implementation, management, monitoring of the RAMP
Programme, not specified within the above scope of services.

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2.5. Eligibility Criteria

2.5.1. Eligibility requirements for the Entity/Consulting Firm/Organization

The Bidder must possess the requisite experience, strength, and capability in providing the
services necessary to meet the requirements as described in the RFP/ Tender documents.
The Bidder must also possess the technical know-how and the financial wherewithal that
would be required to successfully provide the Services. The bids must be complete in all
respect and should cover the entire scope of work as stipulated in the Tender document. The
invitation to Proposal is open to all Bidders who qualify the eligibility criteria as given below:

Criteria Requirements Documentary Evidence

Legal Entity The Bidder should be a business  Certificate of Registration/
entity registered in India under the Incorporation
Companies Act 2013, or a firm
 PAN and GST
registered under the Limited Liability
Partnership Act of 2008, or
proprietorship firm, or partnership firm
and operating for last 5 years in
business consulting as of March 31,
2022.
Financial The bidder should have an average  Certificate from Chartered
Capacity -1 annual turnover from consulting Accountant
operations in India of INR 100 Crore  Audited balance sheet for FY-
in the previous three financial years 2019-20, 2020-21, 2021-22
(FY 2019-20, 2020-21 & 2021-22)
Bidder  The Bidder must have experience
experience of working with Central/State
Government or their  Work Order/ Agreement
agencies/institutions in domains
such as Industrial Development/
MSMEs / Rural Industries /
Cluster Development/ Skill
Development / Capacity Building,
with consultancy fees equal to or
more than Rs 10.00 Crore for
each programme (comprising of
completed or ongoing projects) in
last five years
 The Bidder should have provided
services as Programme
Implementation Unit (PIU) in
either central/state for any
Government department / PSUs.
Manpower for The Bidder should have more than Self-certification from the HR
Organizational 100 full-time individual employees Head or Authorized Signatory
Capacity Working in India.

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Criteria Requirements Documentary Evidence
Blacklisting The bidder should not be blacklisted Self-Declaration on company’s
or declared ineligible by any letter head annexure IV
Central/State Government
Departments/Agencies
Authorized The bidder must submit letter of Power of Attorney authorizing the
authorization by the signatory to sign on behalf of the
Board/Partnership firm/LLP, agency
authorizing the signatory, for signing
the Proposal
Consortia/ Tie Not permitted
Ups/ JVs

Note:-

 The evaluation of Technical Bids of only those Consultants who have qualified in the
pre‐qualification/minimum eligibility criteria will be carried out.
 If the Technical Bids are found to be inadequate and do not correspond to the scope
of service and terms of reference, they shall be summarily rejected.

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3. Instruction to the Bidders

3.1 General Conditions of Contract

1. All information supplied by Bidders may be treated as contractually binding on
the Bidders, on successful award of the assignment by the Department based on
this RFP.
2. 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 the Department.
Any notification of preferred bidder status by the Department shall not give rise to
any enforceable rights by the Bidder. The Department may cancel this public
procurement at any time prior to a formal written contract being executed by or
on behalf of the Department.
3. This RFP supersedes and replaces any previous public documentation &
communications, and Bidders should place no reliance on such communications.

3.2 Definitions
Unless the context otherwise requires, the following terms whenever used in this RFP
and Contract have the following meanings:
1. “Bidder” means firm/ company who submits proposal in response to this Request
for Proposal document.
2. “Consultant” means the firm/ company, selected through competitive tendering in
pursuance of this RFP, for providing the consultancy services under the contract.
3. “Authority” means firm/ company who submits proposal in response to this
Request for Proposal document.
4. ‘Department’ means Uttar Pradesh Small Industries Corporation Ltd. (UPSIC),
Kanpur, Uttar Pradesh.
5. “Contract” means the Contract entered into by the parties for providing
consultancy services along with the entire documentation specified in the RFP.
6. “Personnel” means professional and support staff provided by the selected
consulting firm to perform services to execute an assignment and any part
thereof.
7. “Proposal” means proposal submitted by bidders in response to the RFP issued
by the Department for selection of Consultant
8. “Services” means the work to be performed by the Consultant pursuant to this
RFP and to the contract to be signed by the parties in pursuance of any specific
assignment awarded by the Department.
9. Resources deployed by consultant are allowed to have maximum of twenty leaves
per year on pro-rata basis. All that resources shall be on the pay-roll of the firm on
the day of initiation of the project.

3.3 Compliant Tenders/ Completeness of Response

1. Bidders are advised to study all instructions, forms, terms, requirements and other
Bidders are advised to study all instructions, forms, requirements, appendices and
other information in the RFP documents carefully. Submission of the bid / proposal
shall be deemed to have been done after careful study and examination of the
RFP document with full understanding of its implications.
2. Failure to comply with the requirements of this paragraph may render the Proposal
non-compliant and the Proposal may be rejected. Bidders must:

13
 i. Comply with all requirements as set out within this RFP.
ii. Submit the forms as specified in this RFP and respond to each element in the
order as set out in this RFP.
iii. Include all supporting documentations specified in this RFP.

3.4 Bidder queries & Clarifications

3.4.1 Bidders Queries
a) Department shall invite queries from Bidders as per the details mentioned in the
Fact Sheet of this document
b) The Bidders will have to ensure that their queries for Pre-Bid meeting should
reach to Department by email (Word File Only) on or before last date for
sending pre-bid queries mentioned in Fact Sheet of this document through the
e-mail of only authorized representative of the Bidder. The queries should
necessarily be submitted in the following format:

Section/ Page Content of RFP Change/ Clarification

Remarks
No. requiring clarifications Requested

c) Department shall not be responsible for ensuring that the Bidder’s queries
have been received by them. Any requests for clarifications post the
indicated date and time may not be entertained by the Department.
d) The purpose of query clarification is to provide the Bidders with information
regarding the RFP, project requirements, and opportunity to seek
clarification regarding any aspect of the RFP and the project. However,
‘Department’ reserves the right to hold or re-schedule the Pre-Bid meeting.

3.4.2 Responses to Pre-bid Queries and Issue of Corrigendum

a) The Department will endeavor to provide timely response to the queries.
However, the Department makes no representation or warranty as to the
completeness or accuracy of any response made in good faith, nor does the
Department undertake to answer all the queries that have been posed by
the bidders.
b) At any time prior to the last date for receipt of bids, the Department may, for
any reason, whether at its own initiative or in response to a clarification
requested by a prospective Bidder, modify the RFP Document by a
corrigendum.
c) The Corrigendum or addendum (if any) & clarifications to the queries from
all bidders will be uploaded on the e-Tender Portal of Uttar Pradesh
(https://etender.up.nic.in).
d) Any such corrigendum or addendum shall be deemed to be incorporated
into this RFP.
e) In order to provide prospective Bidders reasonable time for taking the
corrigendum into account, the Department may, at its discretion, extend the
last date for the receipt of Proposals.

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3.5 Key Requirements of the Bid
3.5.1 RFP Document Fees
RFP document can be downloaded from the website http://etender.up.nic.in.
Online bid submission fee in form of bank demand draft of INR 10,000 + 18% GST
= 11,800 INR to be drawn in favour of “U.P. Small Industries Corporation Limited”,
payable at Kanpur, Uttar Pradesh from any nationalized bank/ scheduled bank.
The demand draft of RFP document fees should be submitted before the last date
of submitting the proposal online. Proposals received without document fees shall
be rejected.

3.6 Earnest Money Deposit

a) Bidders shall submit, along with their Bids, Earnest Money Deposit (EMD) of
Rs. 5,00,000 (Five Lakh) in the form of a Demand Draft, issued by any
nationalized in favor of the “U.P. Small Industries Corporation Limited” at
Kanpur, Uttar Pradesh and should be valid for 180 Days from the due date of
the tender / RFP.
b) EMD of all unsuccessful bidders would be refunded by the Department within
60 Days of the bidder being notified as being unsuccessful. The EMD, for the
amount mentioned above, of successful bidder would be returned upon
submission of Performance Bank Guarantee issued by any nationalized in favor
of the U.P. Small Industries Corporation Limited, as per the format provided in
Annexure IV.
c) EMD amount is interest free and will be refundable to the unsuccessful bidders
without any accrued interest on it.
d) The bid/ proposal submitted without EMD, mentioned above, will be
summarily rejected.
e) The EMD may be forfeited:
i. If a bidder withdraws its bid during the period of bid validity.
ii. In case of a successful bidder, if the bidder fails to sign the contract in
accordance with this RFP.

3.7 Submission of Responses

a) The Bidder shall submit the bids separately i.e., “Technical” and “Financial”
electronically online in e-Tender Portal of Uttar Pradesh
(https://etender.up.nic.in).
b) The bid response will include Annexures as mentioned in this RFP.
c) The last date for submitting bids electronically in e-Tender portal on or before as
mentioned in the e-Tender Portal.
d) Late Bids are not allowed.
e) Modification: The bidder can modify his bid before the last date of submission of
bids.
f) Withdrawal of Bids: The bidder can withdraw his bid before the last date of
submission of bids.
3.8 Authentication of Bids
A Proposal should be accompanied by authorization letter / power-of-attorney
in the name of the signatory of the Proposal as per Annexure II mentioned in
this RFP. But if the bid is signed by the Director or Partner of the firm then the

15
 power of attorney is not required.

3.9 Rights to terminate the process

a. Department may terminate the RFP process at any time and without assigning
any reason. Department make no commitments, express or implied, that this
process will result in a business transaction with anyone.
b. This RFP does not constitute an offer by Department. The Bidders’ participation
in this process may result Department selecting the Bidder to engage towards
execution of the Contract.

3.10 Preparation and Submission of Proposal

3.10.1. Proposal Preparation Costs
The bidder shall be responsible for all costs incurred in connection with
participation in the RFP process, including, but not limited to, costs incurred in
conduct of informative and other diligence activities, participation in
meetings/discussions, preparation of proposal, in providing any additional
information required by the Department to facilitate the evaluation process, and
in negotiating a definitive contract or all such activities related to the bid
process. The Department will in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the bidding process.

3.10.2. Language
The Proposal should be filled by the bidders in English language only. If any
supporting documents submitted are in any language other than English,
translation of the same in English language is to be duly attested by the
Bidders. For purposes of interpretation of the documents, the English
translation shall govern.

3.10.3. Late Bids

a. Original hard copy of Tender fees and EMD received after the due date and
the specified time (including the extended period if any) for any reason
whatsoever, shall not be entertained and shall be returned unopened.
b. The bids submitted through hard copy shall not be considered. No
correspondence will be entertained on this matter.
c. Department reserve the right to modify and amend any of the above-stipulated
condition/ criterion depending upon project priorities vis-à-vis urgent
commitments.

3.11 Evaluation Process

a. Uttar Pradesh Small Industries Corporation Limited will evaluate the responses of
the Bidders.
b. The UPSIC shall evaluate the responses to the RFP and all supporting documents/
documentary evidence. Inability to submit requisite supporting documents/
documentary evidence, may lead to rejection.
c. The UPSIC may ask for meetings with the Bidders to seek clarifications on their
Proposals.
d. The UPSIC reserves the right to reject any or all Proposals on the basis of any
deviations.

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 e. Any decision of UPSIC in this regard shall be final, conclusive and binding on the
bidder.
f. Each of the responses shall be evaluated as per the criterions and requirements
specified in this RFP under Section 7, ‘Evaluation and Selection’.

6.1.1 Tender Opening

Opening of the Proposals submitted up to the date and time mentioned in this RFP
document by Department, in the presence of Bidders or their representatives who
may be present at the time of opening. The representatives of the Bidders should
be advised to carry the identity card or a letter of authority from the tendering firms
to identify their bonafide for attending the opening of the Proposal.

6.1.2 Tender Validity

The offer submitted by the Bidders should be valid for minimum period of 180
days from the date of submission of Tender.

6.1.3 Tender Evaluation

Tender evaluation and Bidder Selection will be carried out as per the
specifications mentioned in the Section on ‘Evaluation and Selection’.

3.12 Modification and withdrawal of Bids

a. The Bidder is allowed to modify or withdraw its submitted proposal any time prior to
the last date prescribed for receipt of bids, by giving a written notice to the
Department.
b. Subsequent to the last date for receipt of bids, no modification of bids shall be
allowed.
c. The Bidders cannot withdraw the proposal in the interval between the last date for
receipt of bids and the expiry of the proposal validity period specified in the
Proposal. Such withdrawal may result in the forfeiture of its EMD from the Bidder.

3.13 Proposal Forms

Wherever a specific form is prescribed in the Proposal document, the Bidder shall
use the form to provide relevant information. If the form does not provide space for
any required information, space at the end of the form or additional sheets shall be
used to convey the required information. For all other cases, the Bidder shall
design a form to hold the required information.

3.14 Local Conditions

a. Each Bidder is expected to become fully acquainted with the local conditions and
factors, which may affect the performance of the Contract and/ or the cost.
b. The Bidder is expected to know all conditions and factors, which may have any
effect on the execution of the Contract after issue of letter of Award as described in
the bidding document. The Department shall not entertain any request for
clarification from the Bidder regarding such local conditions.
c. It is the Bidder’s responsibility that such factors have been properly investigated
and considered before submitting the Proposal. No claim, what-so-ever, including
that for financial adjustment to the Contract awarded under the bidding document
will be entertained by the Department. Neither any change in the time schedule of

17
 the Contract nor any financial adjustments arising there-of shall be permitted by the
Department on account of failure of the Bidder to know the local laws/ conditions.
The Bidder is expected to visit and examine and study the location of Govt. offices
and its surroundings and obtain all information that may be necessary for preparing
the Proposal at its own interest and cost.

3.15 Contacting the Uttar Pradesh Small Industries Corporation Limited, Kanpur, Uttar
Pradesh

Any effort by a Bidder to influence the Proposal evaluation, Proposal comparison or

Contract award decisions may result in the rejection of the Proposal. Bidder shall not
approach Department officers after office hours and/ or outside Department office
premises, from the time of the Proposal opening till the time the Contract is awarded.

3.16 Eligibility Criteria

The Bidder shall meet the criteria for eligibility mentioned in the Tender document.

3.17 Tentative Schedule of Events

Tentative schedule of events regarding this tender shall be as per the dates and time
given in the Section-1: Fact Sheet.

3.18 Opening of Proposal

First, the technical proposal will be opened in the presence of eligible bidders, who
wish to be present at the time of opening of Technical Proposal. The Financial
Proposal may be opened in presence of technically short-listed Bidders. The
Department’s authorized representative will open the tenders. Sequence of opening is
as follows:
a. Technical Proposals
b. Financial Proposals

3.19 Deciding Award of Contract

a. The Department reserves the right to ask for a technical elaboration/clarification in
the form of a technical presentation from the Bidder on the already submitted
Technical Proposal at any point of time before opening the Financial Proposal. The
Bidder shall furnish the required information to Department and its appointed
representative on the date asked for, at no cost to the Department. The Department
may at its discretion, visit the office of the Bidder any-time before the signing of
Agreement.
b. Department shall inform those Bidders whose Proposals did not meet the eligibility
criteria or were considered non-responsive, informing that their Financial Proposals
will be not opened after completing the selection process. Department shall
simultaneously notify those Bidders who qualify for the Evaluation process as
described in this Tender Document, informing the date and time set for opening of
Financial Proposals. The notification may be sent by mail.
c. The Bidder’s name, the Proposal Price and other such details as the Tendering
Authority may consider appropriate, will be announced and recorded by the
Department at the opening of bid.

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 d. After acceptance of LoA, Performance Bank Guarantee for 3% of fees, shall be
deposited as specified in this document for signing an Agreement with Department.
e. The Bidder is not allowed to form a Consortium or a Joint Venture.
f. Special Condition for Awarding the Agreement:
i. Department will sign the Agreement with successful bidder for a period as
mentioned in ‘Duration of Contract’ in the document.
ii. Department may extend the Agreement for a time period beyond what has been
specified in ‘Duration of Contract’ in the document as per the terms mentioned
in this RFP.
iii. Department will also have the right to provide extension/ increase in the scope
of work as per the mutually agreed terms and conditions between both the
parties.
iv. Department will have the right to ask for additional Team members beyond what
has been specified in this RFP as per the mutually agreed terms and conditions
between both the parties.

3.20 Confidentiality
a. As used herein, the term “Confidential Information” means any information,
including information created by or for the other party, whether written or oral, which
relates to internal controls, computer or data processing programs, algorithms,
electronic data processing applications, routines, subroutines, techniques or
systems, or information concerning the business or financial affairs and methods of
operation or proposed methods of operation, accounts, transactions, proposed
transactions or security procedures of either party or any of its affiliates, or any
client of either party, except such information which is in the public domain at the
time of its disclosure or thereafter enters the public domain other than as a result of
a breach of duty on the part of the party receiving such information. It is the express
intent of the parties that all the business process and methods used by the Bidder
in rendering the services here under are the Confidential Information of the Bidder.
b. The Bidder shall keep confidential, any information related to this tender, with the
same degree of care as it would treat its own confidential information. The Bidders
shall note that the confidential information will be used only for the purposes of this
tender and shall not be disclosed to any third party for any reason what-so-ever.
c. At all-time of the performance of the services, the Bidder shall abide by all
applicable security rules, policies, standards, guidelines and procedures. The
Bidder should note that before any of its employees or assignees is given access to
the Confidential Information, each such employee and assignees shall agree to be
bound by the terms no less onerous than those contained under these tender and
such rules, policies, standards, guidelines and procedures by its employees or
agents.
d. The Bidder should not disclose to any other party and keep confidential the terms
and conditions of this Contract agreement, any amendment hereof, and any
Attachment or Annexure hereof.
e. The obligations of confidentiality under this section shall survive rejection of the
contract.
f. Except as otherwise permitted by this Agreement, neither of the parties may
disclose to third parties the contents of this Agreement or any information provided
by or on behalf of the other that ought reasonably to be treated as confidential

19
 and/or proprietary. Parties may, however, disclose such confidential information to
the extent that it: (a) is or becomes public other than through a breach of this
Agreement, (b) is subsequently received by the receiving party from a third party
who, to the receiving party’s knowledge, owes no obligation of confidentiality to the
disclosing party with respect to that information, (c) was known to the receiving
party at the time of disclosure or is thereafter created independently, (d) is
disclosed as necessary to enforce the receiving party’s rights under this
Agreement, or (e) must be disclosed under applicable law, legal process or
professional regulations. These obligations shall be valid for a period of 3 years
from the date of termination of this Agreement.

3.21 Execution of the Agreement

After acknowledgement of the LoA by the selected Bidder, a performance guarantee of
3 % of Total Professional Fee (excluding GST) needs to deposit in the form of Bank
Guarantee Bond from any nationalized/ scheduled bank in the name of U. P. Small
Industries Corporation Limited, payable at Kanpur, Uttar Pradesh, the performance
guarantee shall be valid for period of 6 month beyond the duration of Contract as
specified in the RFP document. The Consultant/ Advisor shall sign the Agreement
within 30 days from the issue of LoA. The date of team deployment would be
considered as agreement start date for payment.

Agreement is mutually extendable post the completion of the initial term.

3.22 Performance Guarantee

The successful Consultant company/firm shall furnish the Performance Guarantee as
stipulated in the section ‘Contract Performance Security’ in this document.

3.23 Duration of Contract

The Contract shall initially be valid for a period of 4 Years extendable upto 1 one year
on mutual agreement from the date of signing of Agreement subject to satisfactory
performance of consultant/ bidder.

3.24 Terms and Conditions: Applicable Post Award of Contract

3.24.1 Termination Clause
a. Department may, without prejudice to any other remedy for breach of contract,
by a written notice of default of at least 60 days sent to the selected Bidder,
terminate the Contract in whole or in part (provided a cure period of not less
than 90 days is given to the selected Bidder to rectify the breach):

i. If the selected Bidder fails to deliver any or all quantities of the Service
within the time period specified in the Contract, or any extension thereof
granted by Department; or
ii. If the selected Bidder fails to perform any other obligation under the
Contract within the specified period of delivery of service or any extension
granted thereof; or
iii. If the selected Bidder, in the judgment of the Department, is found to be
engaged in corrupt, fraudulent, collusive, or coercive practices in competing
for or in executing the Contract.

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 iv. If the selected Bidder commits breach of any condition of the Contract
v. If Department terminates the Contract in whole or in part, amount of
Performance Guarantee shall be forfeited.

3.24.2 Termination for Default

a. Department may, without prejudice to any other remedy for breach of
contract, by a written notice of default of at least 30 days sent to the
selected bidder, terminate the contract in whole or in part (provided a cure
period of not less than 30 days is given to the selected bidder to rectify the
breach):

i. If the selected bidder fails to deliver any or all quantities of the service
within the time period specified in the contract, or any extension thereof
granted by the Department; or
ii. If the selected bidder fails to perform any other obligation under the
contract within the specified period of delivery of service or any
extension granted thereof; or
iii. If the selected bidder, in the judgment of the Department, is found to be
engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for or in executing the contract.
iv. If the selected bidder commits breach of any condition of the contract
v. If the Department terminates the contract in whole or in part, amount of
Performance Guarantee shall be forfeited.

3.24.3 Termination for Insolvency

The Department may at any time terminate the Contract by giving a written
notice of at least 30 days to the selected bidder, if the selected bidder becomes
bankrupt or otherwise insolvent. In such event, termination will be without
compensation to the selected bidder, provided that such termination will not
prejudice or affect any right of action or remedy that has accrued or will accrue
thereafter to the Department.

3.24.4 Termination for Convenience

a. The Department, by a written notice of at least 30 days sent to the selected
bidder, may terminate the Contract, in whole or in part, at any time for its
convenience. The Notice of termination shall specify that termination is for
Department’s convenience, the extent to which performance of the selected
bidder under the Contract is terminated, and the date upon which such
termination becomes effective.
b. In such case, the Department will pay for all the pending invoices as well as
the work done till that date by the Consultant and would pay for 30 days
period.
c. Depending on merits of the case the selected bidder may be appropriately
compensated on mutually agreed terms for the loss incurred by the contract
if any due to such termination. The Department shall not recover from the
Bidder, in contract or tort, under statute or otherwise, any amount with
respect to loss of profit, data or goodwill, or any other consequential,

21
 incidental, indirect, punitive or special damages in connection with claims
arising out of this Agreement or otherwise relating to the Services, whether
or not the likelihood of such loss or damage was contemplated. The
Department shall not recover from the Bidder, in contract or tort, under
statute or otherwise, aggregate damages in excess of the fees actually paid
for the Services that directly caused the loss in connection with claims
arising out of this Agreement or otherwise relating to the Services
d. Limitation of Liability- The Client shall not recover from the Consultant, in
contract or tort, under statute or otherwise, any amount with respect to loss
of profit, data or goodwill, or any other consequential, incidental, indirect,
punitive or special damages in connection with claims arising out of this
Agreement or otherwise relating to the Services, whether or not the
likelihood of such loss or damage was contemplated.

3.24.5 Termination by Department

a. The Department may, by not less than 30 days written notice of termination
to the Consultant, such notice to be given after the occurrence of any of the
events, terminate this Agreement if:

i. The Consultant fails to remedy any breach hereof or any failure in the
performance of its obligations hereunder, as specified in a notice of
suspension, within thirty (30) days of receipt of such notice of
suspension or within such further period as the Department may have
subsequently granted in writing;

ii. The Consultant becomes insolvent or bankrupt or enters into any

agreement with its creditors for relief of debt or take advantage of any
law for the benefit of debtors or goes into liquidation or receivership
whether compulsory or voluntary;

iii. The Consultant fails to comply with any final decision reached as a result
of arbitration proceedings.\

iv. The Consultant submits to the Department a statement which has a

material effect on the rights, obligations or interests of the department
and which the Technical Consultant knows to be false;

b. Any document, information, data or statement submitted by the in its

Proposals, based on which the Consultant was considered eligible or
successful, is found to be false, incorrect or misleading; or as the result of
Force Majeure, the Consultant is unable to perform a material portion of the
Services for a period of not less than Thirty (30) days

c. If the Department would like to terminate the contract for reasons not
attributable to the Consultant performance, they will need to clear all

22
 invoices for the services up to the date of their notice along with 1-month
fee pro-rata fee out of the total fee.

d. If the Department would like to terminate the contract for reasons

attributable related to the Consultant performance, the government will give
a rectification notice for 30 days to consultant in writing with specific
observations and instructions.

3.24.6 Termination by Selected Bidder

a. The selected Bidder may, by not less than 30 days written notice to the
Department, such notice to be given after the occurrence of any of the
events, terminate this Agreement if:

i. Department is in material breach of its obligations pursuant to this

Agreement and has not remedied the same within thirty (30) days (or such
longer period as the Consultant may have subsequently agreed in writing)
following the receipt by the Department of the selected Bidder’s notice
specifying such breach

ii. If there are more than 2 unpaid invoices and Department fails to remedy
the same within 45 days of the submission of the last unpaid invoice

iii. As the result of Force Majeure, the selected Bidder is unable to perform a
material portion of the Services for a period of not less than thirty (30) days;
or

iv. The Department fails to comply with any final decision reached as a result
of the Dispute Resolution mechanism/proceedings.

v. Upon termination of this Agreement all pending payments due till the date
of the termination of the Contract will be made by Department to the
selected Bidder within 30 days of the Contract termination

vi. The Bidder may terminate this Agreement, immediately upon written notice
to the Client if the Consultant reasonably determines that it can no longer
provide the Services in accordance with applicable law or professional
obligations

3.24.7 Consequences of Termination

a. In the event of termination of the Contract due to any cause whatsoever,

[whether consequent to the stipulated term of the Contract or otherwise],
the Department shall be entitled to impose any such obligations and
conditions and issue any clarifications as maybe necessary to ensure an
efficient transition and effective business continuity of the Service(s) which
the Consultant shall be obliged to comply with and take all available steps
to minimize loss resulting from that termination/breach, and further allow

23
 the next successor Consultant to take over the obligations of the erstwhile
Consultant in relation to the execution/continued execution of the scope of
the Contract.

b. Nothing herein shall restrict the right of the Department to invoke the
Department Guarantee and other guarantees, securities furnished, enforce
the Deed of Indemnity and pursue such other rights and/or remedies that
may be available to the Department under law or otherwise.

c. The termination here of shall not affect any accrued right or liability of either
Party nor affect the operation of the provisions of the Contract that are
expressly or by implication intended to come into or continue in force on or
after such termination.

3.25 Liquidated Damages

a. The cumulative and aggregate limit of LD for delay in delivery be limited to
maximum of 2% of the total Professional Fee. The aggregate liability of the
Consultant/ Advisor shall in no event exceed the total value of the fee
received under this Contract.

3.26 Dispute Resolution Mechanism

a. The Department and the Bidder 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. If, after thirty (30) days from the
commencement of such informal negotiations, the Client and the Consultant
have been unable to amicably resolve dispute, either party may require that the
dispute be referred for resolution in accordance with the Arbitration and
Conciliation Act, 2021.

b. If after 30 days from the commencement of such direct negotiations the dispute
is not resolved, it shall be referred to Managing Director, Uttar Pradesh Small
Industries Corporation Ltd., Kanpur, Uttar Pradesh. The decision taken thereof
shall be final and binding upon both parties.

c. Pending the submission of and/or decision on a dispute, difference or claim or

until the matter is decided by Managing Director, Uttar Pradesh Small Industries
Corporation Ltd., Kanpur, Uttar Pradesh, the consultant shall continue to
perform all its obligations under this agreement without prejudice of final
adjustment in accordance with such award.

d. The Department may terminate this contract, by giving a written notice of

termination of minimum 30 days, to the consultant, if the consultant fails to
comply with any decision delivered by Managing Director, Uttar Pradesh Small
Industries Corporation Ltd., Kanpur, Uttar Pradesh.

3.27 Notices
Notice or other communications given or required to be given under the Contract
shall be in writing and shall be e-mailed followed by hand-delivery with

24
 acknowledgement thereof or transmitted by pre-paid registered post or courier. Any
notice or other communication shall be deemed to have been validly given on date
of delivery if hand delivered & if sent by registered post than on expiry of seven
days from the date of posting.

3.28 Governing Law

This contract shall be governed in accordance with the laws of India.

3.29 Jurisdiction of Courts

All disputes relating to this contract shall be subject to the jurisdiction of
courts in Kanpur, Uttar Pradesh

3.30 Compliance with Laws

The Selected Bidder shall comply with the laws in force in India in the course
of performing the Contract.

3.31 Force Majeure

Force Majeure is herein defined as any cause, which is beyond the control of
the selected bidder or the Department as the case may be which they could
not foresee or with a reasonable amount of diligence could not have foreseen
and which substantially affect the performance of the contract, such as:
a. Natural phenomenon, including but not limited to floods, droughts,
earthquakes, and epidemics.
b. Acts of any government, including but not limited to war, declared or
undeclared priorities, quarantines and embargos.
c. Terrorist attack, public unrest in work area provided either party shall
within 10 days from occurrence of such a cause, notifies the other in
writing of such causes.

The bidder or Department shall not be liable for delay in performing his/her
obligations resulting from any force majeure cause as referred to and/or
defined above. Any delay beyond 30 days shall lead to termination of contract
by parties and all obligations expressed quantitatively shall be calculated as
on date of termination. Notwithstanding this, provisions relating to indemnity,
confidentiality survive termination of the contract.
Force Majeure shall not include any events caused due to acts/ omissions of
such Party or result from a breach/ contravention of any of the terms of the
Contract, Proposal and/ or the Tender. It shall also not include any default on
the part of a party due to its negligence or failure to implement the stipulated/
proposed precautions, as were required to be taken under the Contract. The
failure or occurrence of a delay in performance of any of the obligations of
either party shall constitute a Force Majeure event only where such failure or
delay could not have reasonably been foreseen, or where despite the
presence of adequate and stipulated safeguards the failure to perform
obligations has occurred. In such an event, the affected party shall inform the
other party in writing within five days of the occurrence of such event. The
Department will make the payments due for Services rendered till the
occurrence of Force Majeure. However, any failure or lapse on the part of the

25
 Selected Bidder in performing any obligation as is necessary and proper, to
negate the damage due to projected force majeure events or to mitigate the
damage that may be caused due to the above-mentioned events or the failure
to provide adequate disaster management/ recovery or any failure in setting
up a contingency mechanism would not constitute force majeure, as set out
above.
In case of a Force Majeure, all Parties will endeavor to agree on an alternate
mode of performance in order to ensure the continuity of Service and
implementation of the obligations of a party under the Contract and to
minimize any adverse consequences of Force Majeure.

3.32 Failure to agree with 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 award, in
which event the Department may award the contract to the next best value
bidder or call for new proposals from the interested bidders or invoke the
Performance Security of the most responsive bidder.

3.33 Onsite Deployment

The proposed team should be stationed in Kanpur for the entire project period
as per the requirements of the RFP. The team will be deployed within
maximum of 30 days of the letter of award. The proposed team is required to
work in close coordination with Uttar Pradesh Small Industries Corporation
Ltd., other departments & organizations of Government of Uttar Pradesh. The
proposed team must follow the working hours, working days and Holidays of
State Government of Uttar Pradesh.

4. Contract Performance Guarantee

a. Within 21 days after the receipt of notification of award of the Contract from
the Department, the successful Bidder shall furnish Contract Performance
Guarantee to the Department, which shall be equal to 3 % of Total
Professional Fee (excluding taxes) and shall be in the form of a Bank
Guarantee Bond from any Nationalized Bank/ Scheduled bank in the
Performa given here-in-after in this document valid for period of 1 month
beyond the duration of Contract as specified in the document.
b. The proceeds of the performance guarantee shall be payable to the
Department as compensation for any loss/ penalties resulting from the
Consultant’s failure to complete its obligations under the Contract.
c. The performance guarantee will be discharged by the Department and
returned to the within 60 days following the date of completion of the
Consultant’s performance obligations, including any warranty obligations
under the Contract.

5. Statutory Requirements
During the tenure of this contract, nothing shall be done by the Selected
Bidder in contravention of any law, act and/or rules/regulations, there-under or
any amendment thereof governing inter-alia customs, stowaways, foreign
exchange etc. and shall keep Department indemnified in this regard.

26
6. Contract administration
a. Either party may appoint any individual / organization as its authorized
representative through a written notice to the other party. Each
Representative shall have the authority to:
• Exercise all of the powers and functions of his/her Party under this
contract, other than the power to amend this contract and ensure
proper administration and performance of the terms hereof; and
• Bind his or her Party in relation to any matter arising out of or in
connection with this Contract.
b. The Selected Bidder shall be bound by all undertakings and representations
made by the authorized representative of the Selected Bidder and any
covenants stipulated hereunder, with respect to this contract, for and on their
behalf.
c. For the purpose of execution or performance of the obligations under this
Contract, the Department representative would act as an interface with the
nominated representative of the Selected Bidder. The Selected Bidder shall
comply with any instructions that are given by the Department representative
during the course of this contract in relation to the performance of its
obligations under the terms of this contract and the Tender.
d. The Department and the Selected Bidder shall meet on a quarterly basis to
discuss any issues / bottlenecks being encountered. The Selected Bidder
shall draw the minutes of these meeting and circulate to the Department.

7. Right of Monitoring, Inspection and Periodic Audit

The Department reserves the right to monitor/ assess the progress/ performance
at any time during the course of the Contract, after providing due notice to the
selected Bidder. The Department may demand, and upon such demand being
made, the selected Bidder shall provide with any document, data, material or any
other information required to assess the progress of the project. Any deviations or
contravention identified as a result of such review assessment would need to be
rectified by the selected Bidder, failing which the Department may, without
prejudice to any other rights that it may have, issue a notice of default.
Notwithstanding the above any audit/inspection conducted shall be restricted to
the physical files in relation to this Agreement only and shall be subject to Client
agreeing to maintain confidentiality of these documents. No access to the
selected Bidder’s systems or hands on or intrusive testing will be permitted. Any
third parties employed by the Client to conduct such audit shall not be a
competitor of the selected Bidder and shall agree to confidential obligations with
the selected Bidder.

7.1 Severance
In the event any provision of the Contract is held to be invalid or unenforceable
under the applicable law, the remaining provisions of this Contract shall remain in
full force and effect.

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7.2 “No Claim” Certificate
The Selected Bidder shall not be entitled to make any claim, whatsoever against
Department, under or by virtue of or arising out of, the Contract, nor shall
Department entertain or consider any such claim, if made by the Selected Bidder
after it has signed a “No claim” certificate in favour of Department in such form as
shall be required by it after the work is finally accepted.

7.3 Publicity
The Selected Bidder shall not make or permit to be made a public announcement
or media release about any aspect of this Contract unless the Department first
gives its written consent to the selected Bidder.

7.4 Department’s Obligations

The Department representative shall interface with the Selected Bidder, to
provide the required information, clarifications, and to resolve any issues as
may arise during the execution of the Contract.
The Department shall ensure that timely approval is provided to the selected
Bidder, where deemed necessary, which should include reports/ plans and all
specifications related to services required to be provided as part of the Scope
of Work.
Department shall provide functional office space to the Project Team in its
premises equipped with Internet and Printer etc. facilities.

7.5 Information Security

The Selected Bidder shall not carry and/or transmit any material, information,
layouts, diagrams, storage media or any other goods/material in physical or
electronic form, which are proprietary to or owned by the Department, out of
premises, without prior written permission from the Department.
The Selected Bidder shall, upon termination of this agreement for any reason,
or upon demand by the Department, whichever is earliest, return any and all
information provided to the Selected Bidder by the Department, including any
copies or reproductions, both hard copy and electronic.

7.6 Indemnity
The Selected Bidder shall execute and furnish to the Department, a Deed of
Indemnity in favour of the “U. P. Small Industries Corporation Limited”,
Kanpur, Uttar Pradesh, in a form and manner acceptable to the Department,
indemnifying Department from and against any costs, loss, damages,
expense, claims including those from third parties or liabilities suffered
including patent, copyright, trademark and trade secret, arising or incurred
inter-alia during and after the Contract period out of:
a. Negligence or wrongful act or omission by the Selected Bidder or it’s team or
any Agency/ Third Party in connection with or incidental to this Contract; or
b. Any breach of any of the terms the Selected Bidder’s Proposal as agreed,
the Tender and this Contract by the Selected Bidder, its Team or any
Agency/ Third Party.
c. The indemnity/ total liability by the consultant shall be to the extent of 50% of
Total Professional Fee in favour of the Department.

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 7.7 Prices
The total professional fee as derived through tender process would not
undergo any upward or downward revision due to any reason whatsoever.

7.8 Payment Schedule

Stage Deliverable Payment Timeline

(After completion of
each quarter and
post submission of
quarterly progress
1. Quarterly basis As per timeline
report)

Project duration: 4
years (48 Months)

7.9 Conflict of Interest

The Bidder shall disclose to the Department in writing, all actual and potential
conflicts of interest that exist, arise or may arise (for the Vendor the Bidders
team) in the course of performing the Service(s) as soon as practical after it
becomes aware of that conflict.

7.10 General
7.10.1 Entire Contract
The terms and conditions laid down in the Tender and all annexure thereto
as also the Proposal and any attachments/annexes thereto shall be read in
consonance with and form an integral part of the Contract. The Contract
supersedes any prior contract, understanding or representation of the
Parties on the subject matter.

7.10.2 Transfer of Assignment

The Selected Bidder shall not transfer any interest, right, benefit or
obligation under the Contract without the prior written consent of the
Department.

7.10.3 Survival
The provisions of the clauses of the Contract in relation to documents, data,
processes, property, Intellectual Property Rights, indemnity, publicity and
confidentiality and ownership survive the expiry or termination of this
Contract and in relation to confidentiality, the obligations continue to apply
unless Department notifies the Selected Bidder of its release from those
obligations.

29
7.10.4 Modification
Any modification of the Contract shall be in writing and signed by an
authorized representative of each Party.

7.10.5 Waiver
Any waiver of any provision of this Contract is ineffective unless it is in
writing and signed by the Party waiving its rights.
A waiver by either Party in respect of a breach of a provision of this Contract
by the other Party is not a waiver in respect of any other breach of that or
any other provision.
The failure of either Party to enforce at any time any of the provisions of this
Contract shall not be interpreted as a waiver of such provision.

7.10.6 Taxes
The Bidder shall pay taxes, other than Good and Service Tax, and other
applicable taxes, if any, imposed on the services under this contract.

7.10.7 Application
These General Conditions shall apply to the extent that provisions in other
parts of the Contract do not supersede them.

7.10.8 Relationship between the Parties

Nothing in the Contract constitutes any fiduciary relationship between the
Department and Selected Bidder/ Bidder’s Team or any relationship of
employer employee, principal and agent, or partnership, between the
Department and Selected Bidder.
No Party has any authority to bind the other Party in any manner whatsoever
except as agreed under the terms of the Contract. Department will not be
under any obligation to the Consultant’s/ Advisor’s Team except as agreed
under the terms of the Contract.

7.10.9 Continuance of the Contract:

Notwithstanding the fact that settlement of dispute(s) (if any) may be pending,
the parties hereto shall continue to be governed by and perform the work in
accordance with the provisions under the Scope of Work to ensure continuity
of operations.

7.10.10 Fraud and Corrupt Practices

a. The Bidders and their respective officers, employees, agents and advisers
shall observe the highest standard of ethics during the Selection Process.
Notwithstanding anything to the contrary contained in this RFP, the
Department shall reject a Proposal without being liable in any manner
whatsoever to the Bidder, if it determines that the Bidder has, directly or
indirectly or through an agent, engaged in corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice
(collectively the “Prohibited Practices”) in the Selection Process. In such an
event, the Department shall, without prejudice to its any other rights or

30
 remedies, forfeit and appropriate the Bid Security or Performance Security,
as the case maybe, as mutually agreed genuine pre-estimated
compensation and damages payable to the Authority for, inter alia, time,
cost and effort of the Authority, in regard to the RFP, including
consideration and evaluation of such Bidders Proposal.
b. Without prejudice to the rights of the Department under Clause above and
the rights and remedies which the Department may have under the LoA or
the Agreement, if an Bidder or Systems Implementation Agency, as the
case may be, is found by the Authority to have directly or indirectly or
through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice
during the Selection Process, or after the issue of the LoA or the execution
of the Agreement, such Bidder shall not be eligible to participate in any
tender or RFP issued by the Department during a period of 2 (two) years
from the date such Bidder, as the case may be, is found by the Department
to have directly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice, as the case may be.
c. For the purposes of this Section, the following terms shall have the meaning
hereinafter respectively assigned to them:
i. “corrupt practice” means (i) the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence the action
of any person connected with the Selection Process (for avoidance of
doubt, offering of employment to or employing or engaging in any
manner whatsoever, directly or indirectly, any official of the Department
who is or has been associated in any manner, directly or indirectly with
the Selection Process or the LoA or has dealt with matters concerning
the Agreement or arising there from, before or after the execution
thereof, at any time prior to the expiry of one year from the date such
official resigns or retires from or otherwise ceases to be in the service of
the Department, shall be deemed to constitute influencing the actions of
a person connected with the Selection Process); or (ii) save as provided
herein, engaging in any manner whatsoever, whether during the
Selection Process or after the issue of the LoA or after the execution of
the Agreement, as the case may be, any person in respect of any matter
relating to the Project or the LoA or the Agreement, who at any time has
been or is a legal, financial or technical consultant/ adviser of the
Department in relation to any matter concerning the Project;
ii. “Fraudulent practice” means a misrepresentation or omission of facts or
disclosure of incomplete facts, in order to influence the Selection
Process.
iii. “Coercive practice” means impairing or harming or threatening to impair
or harm, directly or indirectly, any persons or property to influence any
person s participation or action in the Selection Process;
iv. “Undesirable practice” means (i) establishing contact with any person
connected with or employed or engaged by Department with the
objective of canvassing, lobbying or in any manner influencing or
attempting to influence the Selection Process; or(ii)having a Conflict of

31
 Interest; and
v. “Restrictive practice” means forming a cartel or arriving at any
understanding or arrangement among Bidders with the objective of
restricting or manipulating a full and fair competition in the Selection
Process

7.10.11 Reports
Any information, advice, recommendations or other content of any reports,
presentations or other communications we provide under this Agreement
(“Reports”), other than Client Information, are for Client's internal use only
(consistent with the purpose of the particular Services) including Client's board of
directors, its audit committee, or its statutory auditors and not for disclosure
externally outside your organization. Client may not rely on any draft Report and
consultant shall not be required to update its Final Report
7.10.12 Intellectual Property Rights
Client may use data, software, designs, utilities, tools, models, systems and other
methodologies and know-how (“Materials”) that Consultant owns in performing the
Services. Notwithstanding the delivery of any Reports, Consultant retain all
intellectual property rights in the Materials (including any improvements or
knowledge developed while performing the Services), and in any working papers
that Consultant compile and retain in connection with the Services (but not Client
Information reflected in them). Upon payment for the Services, Client may use any
Materials included in the Reports, as well as the Reports themselves as permitted
by this Agreement.

32
8. Team Composition & Qualification -
The firms are advised to deploy sufficient human resource required to successfully deliver the tasks and quote accordingly in their
proposal. The team composition prescribed is based on the existing project requirement and objectives. Team composition includes:

 Key experts: K (7): Full time

 Non-Key experts: NK (2): To be hired intermittently based on need

Sr. No. Area of Designation and Roles and Responsibilities Minimum Professional Qualification
Specific Number required & Desired Experience
Experience
Desired
K1 Project State Lead Project  Overall management and  Post Graduate degree in
Management Manager- One (1) establishing full functionality of PIU economics/social sciences/public
Number as planned and ensuring administration/ Masters/Post
Programme triggers are met. graduate diploma in business
 Periodic reporting of the overall management from national/
performance of Programme to the international premier institutes
Programme director.
 Ensuring timely communication and  Minimum 10 years of overall
compliance with all agreed- upon experience with at least 3-4 of
financial and procurement experience in the Industries/
procedures at State levels; MSME/ Multi-sector domain with
 Establishing clear working Central /State Government
relationship with district level
agencies/key stakeholders and  At least minimum 3 years in
ensuring flow of information, experience in Programme
discussions and feedback among the implementation in a leadership
various stakeholders of the role.
Programme;
 Facilitation in preparation, timely
submissions and implementing of  Preferred work experience in the
SIP. State in managing and leading
 Convening meeting of the State Level government Programmes.
Committees and putting forth issues

33
Sr. No. Area of Designation and Roles and Responsibilities Minimum Professional Qualification
Specific Number required & Desired Experience
Experience
Desired
to be decided upon from time to time
during the implementation of the
Programme.
 Support to the department to enable
convergence with various schemes
identified under RAMP.
K2 Finance and Financial & Banking  Developing and coordinating  MBA/PGDM (Finance) from a
Banking Manager-One (1) partnerships with commercial premium Institute
Partnerships number. banks/financial service providers.  Minimum 8 years of experience
 Tracking the delayed payments and with at least 4 years in collection
registration of NBFCs and MSMEs on of financial data, analysis of
TReDS platform. financial statements,
 Coordinating with banks to track the coordination with institutions for
gender and greening products of finance facilitation / appraisal of
CGTMSE for MSMEs. business plans and financing
 Coordinating with business service small businesses/retailers /
providers to review business plans traders / cluster / SHG / rural
for enterprises. industries or equivalent.
 Facilitation in preparation of  Experience in appraisal of
SIP/other plans business plans and financing
 Facilitating convergence with Central MSMEs.
schemes and availing benefits of
State incentives for MSMEs.
 Tasks as assigned by the State Lead
K3 Enterprise Enterprise  Increasing the reach and  Post graduate degree/equivalent
Development Development Manager- performance of Market access in marketing/busine ss
One (1) number schemes under RAMP management/ other relevant field
 Monitoring the BDS providers for last from a premier
mile service to units national/international institute
 Providing domain inputs in review of  Demonstrated experience in

34
Sr. No. Area of Designation and Roles and Responsibilities Minimum Professional Qualification
Specific Number required & Desired Experience
Experience
Desired
Strategic Investment Plans working with State
Governments/ public agencies
in establishing business and
marketing linkages/technology
adoption, capacity building and
other interventions
 Prior work experience with lead
buyers in India or other
developing economies would be
an added advantage.
 Experience in MSME sector
K4 Capacity Capacity Building  Performance evaluation of  Post Graduate from a
Building Expert technical/training Agencies. recognized institute.
 Capacity building of agencies time-to- (2 Marks)
time as per the requirement and
modifications of capacity building  At least 6 years of overall
plan vis a vis the progress. experience with minimum 4
 Undertake Capacity Building years of experience of working
programs/workshops for District / with central/state government
Block managers monitoring the projects in conceptualizing/
scheme at field level strategy planning / conducting
 Conduct advocacy and connect with capacity building training
industries, Industry programs in the field of
Bodies/Associations in the States to Industries / MSME /rural
ascertain skill gaps requirements and industries / Start up programme
employment opportunities or equivalent.
 Shortlisting of partners for conducting
skill training of unit owners

35
Sr. No. Area of Designation and Roles and Responsibilities Minimum Professional Qualification
Specific Number required & Desired Experience
Experience
Desired

K5 M&E and Data M&E Manager-One (1)  Provide professional advice  Master’s degree in Economics/
Analytics number and support to the State in all matters Statistics/ Data Analytics/ MBA
relating to M&E and Data analysis in from reputed University or
the RAMP Programme. Institute
 Developing MIS to track the progress  Minimum 3 years’ experience in
of the Programme in the State and monitoring or data analytics on
aligning it with the State MIS development Programme at
 Providing regular reports on the national level. Ability to handle
physical and financial progress of the data for interpretation of
Programme information, experience in using
 Participate in regular monitoring and statistical and M&E tools and
evaluation of the Programme at the dashboard preferred.
State level
 Developing reports with respect to
inputs, outputs
 outcomes, processes and impacts of
the various interventions and their
compliance.
 Preparing / collating and submitting
all reports related
 to RAMP for internal and external
reporting
K6 Procurement Procurement Specialist  Facilitating and assisting the  Graduate degree in
Management One (1) number  State and other Programme Engineering/Economics/
implementation agencies in the Management disciplines.
procurement of goods,  MBA/PGDM, preferably with
 works and services in accordance focus in contract
with approved procurement plan, management/procurement.
following the World Bank  Minimum 3 years’ experience in

36
Sr. No. Area of Designation and Roles and Responsibilities Minimum Professional Qualification
Specific Number required & Desired Experience
Experience
Desired
Procurement Regulations. public procurement with State or
 To provide operational advice to the Central government or with
State on concepts, policies, and State / Central Public Sector
procedures for international and local Undertaking.
procurement as per World Bank’s  Experience in procurement
guidelines methods of World Bank/Asian
 To gather client needs and liaise Development Bank/Multi- lateral
with the domain experts for funded projects, is desirable.
preparation of bid documents-  Competent in use of Computer
including EOI, RFPs, etc applications.
 Maintenance of procurement related
records and documentation for
audit/review by the World Bank.
 Handle procurement related
complaints, if any, received as per
the agreed procedure for the
Programme.
 Ensure all disclosure requirements
relating to procurement are
uploaded on the Programme website
in a timely manner, including
publication of contract award notices.
 Extend support on any and all
procurement related activities under
the Programme.
K7 Information & IEC Expert
 Build media and outreach strategy for  Bachelor’s Degree in any
Communication stream/ MBA/PGDM from a
the scheme
Management premier Institute;
Specialist –  Supporting the PMU in conducting
the nationwide information and  At least 6 years of experience
One (1)
education campaign to publicize the with minimum 3 years of

37
Sr. No. Area of Designation and Roles and Responsibilities Minimum Professional Qualification
Specific Number required & Desired Experience
Experience
Desired
scheme experience working with
 Design a communication strategy projects of central/ State
plan that builds on the strategic government/ PSUs on Media/
priorities of the RAMP program Outreach/ IEC related activities
 Conceptualize and develop cost - handling awareness creation/
effective and innovative scheme media strategy/ branding/
promotion strategies to reach out to
content development/ website
the intended units
 Planning digital and social media
and social media management
collateral for marketing activities related activities
 Coordinating with various
media/creative design/social media
agencies for smooth running of the
scheme campaign and proper
broadcast of activities across various
media channels
Non-Key Expert
NK1 Safeguards Environmental  Reviewing and monitoring of all SIP  Master’s degree in
Specialist-One (1) from the environmental perspectives Environmental Science or B.
number in accordance with the Environment Tech in Environmental
Management (EM) Framework as Engineering;
laid down in Environment and Social  Minimum 3 years’ experience in
Safeguards Report compliance of Environmental
 Work with the State and the selected norms of MSME sector
enterprises to ensure the greening
agenda is core to the RAMP
Programme
NK2 Safeguards Social Specialist- One  Reviewing and monitoring of all SIP  MSW or master’s degree in
(1) number from the social management Sociology/ Anthropology;

38
Sr. No. Area of Designation and Roles and Responsibilities Minimum Professional Qualification
Specific Number required & Desired Experience
Experience
Desired
perspectives in accordance with the  Minimum 3 years’ experience in
Social Management (SM) development projects/
 Framework as laid down in Programme for under privileged
Environment and Social Safeguard population of the society,
Assessment report empowerment of women & in
gender issues

39
Note: In case, the actual man-month requirement is more than that envisaged (as
mentioned above) and there is a need to deploy certain additional experts, by the
selected agency, the same will be proportionately compensated in accordance with
the man-month rates mentioned in the financial bid on pro-rate basis

The selected firm shall deploy the team at the office of Uttar Pradesh Small Industries
Corporation Limited, Kanpur, Uttar Pradesh as per requirement of the Department and
task before hands. UPSIC will provide the space, internet and printer with RIMs (for
official purpose only). Moreover, bidder should arrange themselves all supporting
necessary things such as computer and stationery which is required for the day-to-day
work.

If at any point in time, the Department feels that a resource is not up to the mark, a
replacement will be demanded in written, and will need to be obliged within 4 weeks.
The Consultant need to provide CVs for all profiles.

9. Evaluation and Selection

9.1 Technical Evaluation

Initial Bid scrutiny will be held, and incomplete details as given below will be
treated as non-responsive. If proposals:

1. Are not submitted in as specified in the RFP document.

2. Received without the Letter of Authorization/Power of Attorney
3. Are found with suppression of details
4. Without complete information, subjective, conditional offers and partial
offers submitted
5. Submitted without the documents requested
6. Have non-compliance of any of the clauses stipulated in the RFP
7. Have a lesser validity period

All responsive Bids will be considered for further processing as below.

UPSIC will prepare a list of responsive bidders, who comply with all the Terms and
Conditions of the Tender. All eligible bids will be considered for further evaluation
by the UPSIC according to the Evaluation process defined in this RFP document.
The decision of the UPSIC will be final in this regard.

a. UPSIC will examine the bids to determine whether they are complete, whether
any computational errors have been made, and whether the bids are generally
in order.
b. The Department may conduct clarification meetings with each or any Bidder to
discuss any matters, technical or otherwise.
c. Further the scope of evaluation committee also covers taking any decision with
regard the Tender document, execution/ implementation of the project
including management period.
d. Proposal shall be opened in the presence of Bidders representatives who

40
 intend to attend at their cost. The Bidders’ representatives who are present
shall sign a register giving evidence of their attendance.
e. Proposal document shall be evaluated as per the following steps.
 Preliminary examination of pre-qualification/ eligibility criteria documents: The
prequalification document will be examined to determine whether the Bidder
meets the eligibility criteria, whether the Proposal is complete in all respects,
whether the documents have been properly signed and whether the bids are
generally in order. Any bids found to be non-responsive for any reason or not
meeting the minimum levels of the performance or eligibility criteria specified
in various sections of this RFP document will be rejected and will not be
considered further.
 Evaluation of document: A detailed evaluation of the bids shall be carried out
in order to determine whether the bidders are competent enough and
whether the technical aspects are substantially responsive to the
requirements set forth in the Tender Document. Bids received would be
assigned scores based on the parameters defined in the table below. All
supporting document submitted in support of Technical Evaluation matrix
should comply the following:
 Supporting document is to be submitted in Technical Cover.
 Supporting document should clearly indicate value of the completed/ on-going
project and scope of work/services should be clearly highlighted.
 In case of Bidder is having Non-Disclosure Agreement (NDA) with their client,
no such experience will be counted (if agreement copy not submitted).
 Bidders failing to comply any of the above then the Bid will be summarily
rejected.

S. Technical Proposal Evaluation Max Supporting Documents

No. Parameters Score
A Turnover of the firm 5
A-1 Average annual turnover from consulting / 5 Certificate from CA or
advisory services in India for last 3 financial audited financial statements
years: 2019-20, 2020-21, 2021-22 (INR Crores) for the three previous
<100 Cr: 0 Marks financial years (FY: 2019-20,
>100 to 200 Cr: 1 Marks 2020-21, 2021-2022).
>200 to 300 Cr 2 marks
>300 Crore to 400 Crore: 3 marks
>400 Crore to 500 Crore: 4 marks
>500 Crore: 5 marks
B Bidder experience 26
B-1 The Bidder must have experience of working 5 Letter of award/ LOI/ Work
with Central/State Government or their order/ Copy of contract/
agencies / institutions in domains such as Agreement/ Certificate
Industrial Development / MSMEs / Rural from the client
Industries / Cluster Development/ Skill showing the time
Development / Capacity Building with and contract value
consultancy fees equal to or more than Rs
10.00 Crore for each programme

41
S. Technical Proposal Evaluation Max Supporting Documents
No. Parameters Score
(comprising of completed or ongoing
projects) in last five years
i. 1 projects: 1 Marks
ii. 2-4 projects: 3 Marks
iii. More than 5 Projects: 5 Marks
B-2 Experience of working with central 5 Letter of award/
government/ state government on large Agreement/ Certificate
scale transformation projects (long term over from the client
1 year) as Programme Management
Unit/Programme Management Consultant for
development of MSME / Industries / Start
Ups in last 5 years (Eligible project value to
be at least 3 Crores)
i. 1-3 projects: 2 marks
ii. 4 or 7 projects: 3 marks
iii. More than 7 projects: 5 marks

B-3 Bidder should have experience of working on 7 Letter of award/

World Bank/ ADB/ DFID / foreign and Agreement/ Certificate
Commonwealth Office or other multilateral from the client
sponsored projects on MSME / Industries
development in India

i. < 2 projects: 0 marks

ii. 2 – 3 projects: 3 marks
iii. 4 - 5 projects:5 marks
iv. More than 5 Projects: 7 marks
B-4 Experience of helping state government in 5 Letter of award/ Work order/
preparation of Strategic Investment Plan copy of contract/
under RAMP Program (on going projects Agreement/ Certificate
shall be considered) from the client

01 project – 01 mark
02 projects – 03 marks
More than 03 – 05 marks

B-5 The bidder should have experience of 4 Copy of

working with central/state government / Contracts/Agreements/Work
PSUs / industrial authorities in the areas of orders/ LOI/ Completion
industry related policy formulation/ Policy Certificates/ Part Payment
implementation/ Bid process management Certificates
/Transaction Advisory/IT implementation and
ease of doing business.

42
S. Technical Proposal Evaluation Max Supporting Documents
No. Parameters Score
01 Marks per Project maximum up to 5
marks
C Team Experience 44
C-1 State Lead-Project Manager 8 As Per Annexure VIII

 Post Graduate degree in economics /

social sciences/ public administration /
Masters / Post graduate diploma in
business management from national/
international premier institutes
(2 Marks)
Minimum 10 years of overall
experience with at least 3-4 of
experience in the Industries/ MSME/
Multi-sector domain with Central /State
Government (2 Marks)
 Preferred work experiences in
managing and leading government
Programmes
(2 Marks)
 Interview – 2 Marks
C-2 Finance and Banking Expert 6 As Per Annexure VIII
 Post Graduate degree or equivalent in
Management / Economics/ Finance/
Banking from a recognized Institute.
(2 Marks)
 Minimum 8 years of experience with at
least 4 years in collection of financial
data, analysis of financial statements,
coordination with institutions for finance
facilitation / appraisal of business plans
and financing small businesses/retailers /
traders / cluster / SHG / rural industries or
equivalent (1 Marks)
 Experience in appraisal of business plans
and financing MSMEs
(1 Marks)
 Interview – 2 Marks
C-3 Enterprise Development Manager 6 As Per Annexure VIII

 Postgraduate degree or equivalent

from a recognized institute
(2 Marks)
Demonstrated experience of minimum
6 Years in working with State
Governments/ public agencies with at
least 03 years of experience in
establishing business and marketing
linkages/technology adoption,

43
S. Technical Proposal Evaluation Max Supporting Documents
No. Parameters Score
capacity building and other
interventions (1 Marks)
 Preferred work experience at least 1
year in the MSME domain.
(1 Marks)
 Interview – 2 Marks
C-4 Capacity Building Expert 6 As Per Annexure VIII

 Post Graduate from a recognized

institute.
(2 Marks)

At least 6 years of overall experience

with minimum 4 years of experience of
working with central/state government
projects in conceptualizing/ strategy
planning / conducting capacity building
training programs in the field of Industries
/ MSME /rural industries / Start up
programme or equivalent (2 Marks)

 Interview – 2 Marks
C-5 M&E Manager 6 As Per Annexure VIII

 Master’s degree in Economics/

Statistics/ Data Analytics/ MBA from a
reputed University or Institute
(2 Marks)
 Minimum 3 years experience in
monitoring or data analytics on
development Programmes at the
national level.
(1 Marks)
 Ability to handle data for interpretation
of information, experience in using
statistical and M&E tools and
dashboard preferred.
(1 Marks)
 Interview – 2 Marks
C-6 Procurement Manager 6 As Per Annexure VIII

 Graduate degree in
Engineering/Economics /Management
disciplines or equivalent (2 Marks)
 Minimum 3 years experience in public
procurement with State or Central
Government or with State/Central
Public Sector Undertaking
(1 Mark)

44
S. Technical Proposal Evaluation Max Supporting Documents
No. Parameters Score
 Experience in procurement methods
of GEM/World Bank/Asian
Development Bank/multi-lateral
funded projects, is desirable,
competent in use of Computer
Applications
(1 Mark)
 Interview – 2 Marks
C-7 IEC Expert 6 As Per Annexure VIII
 Bachelor’s Degree in any stream/
MBA/PGDM from a premier Institute;
(2 Marks)
At least 6 years of experience with
minimum 3 years of experience
working with projects of central/ State
government/ PSUs on Media/
Outreach/ IEC related activities -
handling awareness creation/ media
strategy/ branding/ content
development/ website and social
media management related activities
(2 Marks)
 Interview – 2 Marks
C-8 Consultants (2 Nos) As Per Annexure VIII
 Post-Graduation degree or equivalent
in Management / Economics/
Statistics/ Public Policy/Environment
Sciences or equivalent from a
recognized institute
 Minimum 3 years of professional
experience in working in Industries /
MSME sector

Consultants shall be deployed as per

requirement
D Approach & Methodology 25
D-1 Approach & Methodology (Part of Technical 15 1. Understanding of the
Proposal) ToR (5 marks)
2. Proposed Approach and
Methodology (5marks )
3. Project Management
/Timelines (5 marks)
D-2 Technical Presentation 10 Technical Presentation

Total 100

Note:
1) For project experience, the bidder is required to submit a copy of LOI/work

45
 order/completion certificate.
2) Only those Bidders whose Technical Bids score at least 60 marks out of 100 shall
qualify for further consideration and shall be ranked from highest to the lowest on
the basis of their technical score (ST) (“Technically Qualified bidders”).
3) Final ranking of all Bids shall be done with weightage of 70:30. Weightage of 70% shall
be given to technical competence and 30% to the fee quoted in financial Bid.
4) The bidder is required to submit a copy of LOI/work order/completion certificate. Also,
bidder needs to satisfy that they have received part payment of the allotted
Project (undertaking to be submitted to this effect).
5) If number of resources required is increased, the Bidder shall provide the resources on
the sanctioned rates.

9.2 Financial Evaluation

The Bidder shall be selected on the basis of Quality and Cost Based Selection
(QCBS), whereby technical proposal will be allotted weightage of 70% and financial
proposal will be allotted weightage of 30%. The proposal with the lowest
Professional Fees shall be given a financial score of 100 and the other proposals
shall be given financial scores that are inversely proportionate to lowest financial
proposal as stated below. The total score, both technical and financial, shall be
obtained by weighing the quality and cost score and adding them up.
Financial Proposals of only those bidders who score at least 60% marks in
Technical Proposal evaluation shall be opened and evaluated as per financial
evaluation criteria.

The Financial Proposals shall be given scores as follows:

Sf = 100 X Fm/ Financial Proposal of bidder under consideration

Fm: Lowest financial proposal

Sf: Financial Score
For selection of consultant, final ranking will be determined based on
the combined total score for each consultant separately. This will be
done by applying a weight of 0.70 (or 70%) and 0.30 (or 30%)
respectively to the technical and financial scores of each qualifying
proposal.
The Total Score of Technical Proposal and Financial Proposal shall
be computed as follows:
Total Score= (Te * 0.70) + (Sf * 0.30)

Te: Technical score

Sf: Financial Score

46
9.3 Selection
The Applicant scoring the highest Total Score shall be declared as the “Selected
Entity/Consulting Firm/Organization”.

47
10. Annexures
10.1 Annexure I: Proposal Covering Letter

To, Date: ………………….

The Managing Director,

U.P. Small Industries Corporation Limited,
110, Kanpur Rd, Industrial Estate,
Fazalganj Industrial Estate, Kanpur,
Uttar Pradesh 208012
Phone: 0512-2241622, 0512-2236642
Fax: 0512-2213974
Email: [email protected]
Dear Sir,

We ………………………….. (Name of the Bidder) hereby submit our Proposal in

response to notice inviting tender date …………….. and tender document no. ………
…………….. and confirm that :

1. All information provided in this Proposal and in the attachments is true and correct
to the best of our knowledge and belief.

2. We shall make available any additional information if required to verify the

correctness of the above statement.

3. Certified that the period of validity of bids is 180 days from the last date of
submission of Proposal,

4. We are quoting for all the services mentioned in the Scope of Work of the RFP.

5. We the Bidders are not under a Declaration of Ineligibility for corrupt or fraudulent
practices or blacklisted by any of the Government agencies.

6. Uttar Pradesh Small Industries Corporation Ltd., Kanpur, Uttar Pradesh may
contact the following person for further information regarding this tender:
a. Name and full address of office, Contact No., Email ID, Company Name

7. We are submitting our Eligibility criteria, Proposal bid documents and technical bid
documents along with original DD of both EMD and RFP Document Fee.

Yours sincerely,
Signature
Full name of signatory
Designation
Name of the bidder (firm etc.)

48
 10.2 Annexure II: Particulars of Bidder

1. Name of the Company:

2. Registered Office:
3. Date of Incorporation:
4. Constitution of the Bidder Company:
5. Core business activities:
6. Experience in consultancy services (years) with proof:
7. Date of first assignment:
8. World wide presence:
9. Presence in India:
10. Total no. of employees:
11. No. of employees in consultancy services:
12. Details of main branches:
13. Details of contact persons:
14. Any other details:

Name:

Designation:

Contact tel.No:

Mobile no.:

Email ID:
Postal address:

(Signature of Authorized signatory)

49
 10.3 Annexure III: Turnover

<<To be submitted on the letter head of Chartered Accountant>>

The bidder should have a minimum average income* of 100 crores from
consultancy/ advisory services in last three FYs [i.e., financial year 2019-20, 2020-
21,2021-22] as per its audited financial statements]

Using the format below, provide information of the PAT of the firm, duly certified by
the Chartered Accountant.

S. No. Financial Year Turnover from operations in India (in

INR Crore)

1. 2019-20 (a)

2. 2020-21 (b)

3. 2021-22 (c)

Total

Average

Note: Supporting documents to be attached:

Place:
Date:
Seal and signature
UDIN No.

50
 10.4 Annexure IV -Self-Declaration of non-blacklisting

I / We hereby declare that presently our Company / firm ___________________,

at

the time of bidding, is having unblemished record and is not blacklisted or

declared ineligible for corrupt & fraudulent practices either indefinitely or for a
particular period of time by any Central Government / State / Semi
Government / or other Government subsidiaries including autonomous bodies in
India.

If this declaration is found to be incorrect then without prejudice to any other

action that may be taken, my/ our security may be forfeited in full and our bid, to
the extent accepted, shall be cancelled.

Authorized Signature [In full and initials]:

Name and Title of Authorized Signatory:

Name of Firm:

Date and Stamp of the Company/Signatory

51
 10.5 Annexure V- Current resource strength as of March 2023

(On Company’s Letter head)

(Current resource strength of the bidder for consulting professionals in the bidder
companies’ roles as on 31-March-2023)

To,
<<Name and address of the Nodal Agency>>>>,

Subject: Selection of a State Programme Implementation Unit (SPIU) for

Implementation and Monitoring of SIP under Raising and Accelerating MSME
Performance (RAMP) Programme in the State of Uttar Pradesh

Sir,

This is to confirm that <<company name>>, having its registered office at

<<company registered office>> as on 31March 2023 had more than ______
consulting professionals on its payroll.

Current resource strength of the bidder organization for consulting/advisory

services on the company’s pay roll as on 31.03.2022

Number of managerial staff (in

Numbers (Numeric)
words)

52
 10.6 Annexure VI - Organization Project Experience

<<Bidder to use this format for demonstrating, their related experience, in

carrying out, similar assignments>> As desired in the RFP.

Assignment Name Country

Project Location Professional Staff

Provided
Name of the Client No. of Staff

No. of Man Months

Start Date Completion Date Approx. Value of

Services

Name of Team Members Involved & Functions

Performed

Narrative Description of the Project

Detailed Description of Services Provided by the Firm

Contact Details of the

Client

Supporting Documents

53
 10.7 Annexure VII - Approach & Methodology

Technical approach, methodology and work plan are key components of the Technical
Bid. You are suggested to present your Technical Bid divided into the following three
chapters:

a. Technical Approach and Methodology

b. Work Plan
c. Organization and Staffing,

a. Technical Approach and Methodology: In this chapter you should explain your
understanding of the objectives of the assignment, approach to the services,
methodology for carrying out the activities and obtaining the expected output. You
should also explain the methodologies you propose to adopt and highlight the
compatibility of those methodologies with the proposed approach. The methodology
should clearly define the strategy and action plan to achieve the desired output.

b. Work Plan: In this chapter you should propose the main activities of the
assignment, their content and duration, phasing and interrelations, milestones of the
reports. The proposed work plan should be consistent with the technical approach and
methodology, showing understanding of the TOR and ability to translate the min to a
feasible working plan.

c. Organization and Staffing: In this chapter you should propose the structure and
composition of your team. You should list the main disciplines of the assignment, the
key expert responsible, and proposed technical staff. The key personnel having
relevant proper experience in doing such like jobs will be given weight age.

Authorized Signature [In full and initials]:

Name and Title of Signatory
Name of Bidder:
Address:

54
10.8 Annexure VIII- CV format

1 Name of Staff:
2 Proposed Position:
3 Employer:
4 Date of Birth
5 Nationality
6 Education
Degree(s) or Diploma(s) obtained: Year of
Passing

7. Other Trainings

8. Countries of Work

9. Languages
Language Readin Speaking Writing

10. Employment
From [Year]: To [Year]:
Employer
Position/s Held

From [Year]: To [Year]:

Employer
Position/s Held

From [Year]: To [Year]:

Employer
Position/s Held
11 Work Undertaken that Best Illustrates Relevant Experience and Capacity to
. Handle the Tasks Assigned
Name of assignment or
Year:
Location:
Client:
Main Project

Position held
Activities
Certification

55
I, the undersigned, certify to the best of my knowledge and belief that:
(i) This CV correctly describes my qualifications and my experience.
(ii) I am not employed by the Executing /Implementing Agency.
(iii) I am committed to undertake the assignment within the validity of Bid.

Name and
Signature of
Team Member
Date:

Name & signature of the

authorized signatory

56
10.9 Format for Power of Attorney
(To be provided in original as part of Technical Proposal on stamp paper of value
required under law duly signed by ‘Bidder’ for the tender)

Dated: _____

POWER OF ATTORNEY
To Whomsoever It May Concern
Know all men by these presents, we _________ (name and registered office address
of the Bidder) do hereby constitute, appoint and authorize Mr. _________ (Name of the
Person(s)), domiciled at ___________ (Address), acting as ______ (Designation and
the name of the firm), as Authorized Signatory and whose signature is attested below,
as our attorney, to do in our name and on our behalf, all such acts, deeds and things
necessary in connection with or incidental to our Proposal for award of Agreement
“Appointment of State Programme Implementation Unit (SPIU) under Raising and
Accelerating MSME Performance (RAMP) Government of Uttar Pradesh” involving the
deliverables as per agreement with Uttar Pradesh Small Industries Corporation
Limited, Kanpur, Uttar Pradesh vide Request of Proposal (Tender Document)
Document dated ____ , issued by Managing Director , Uttar Pradesh Small Industries
Corporation Ltd., Kanpur, Uttar Pradesh, including signing and submission of all
documents and providing information and responses to clarifications/ enquiries etc. as
may be required by Uttar Pradesh Small Industries Corporation Limited, Kanpur, Uttar
Pradesh, Kanpur or any governmental authority, representing us in all matters before
Uttar Pradesh Small Industries Corporation Limited, Kanpur, Uttar Pradesh and
generally dealing with Uttar Pradesh Small Industries Corporation Limited in all matters
in connection with our Proposal for the said Project. We hereby agree to ratify all acts,
deeds and things lawfully done by our said attorney 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.

For ---------------------
(Signature)

(Name, Title and Address)

Accept
(Attested signature of Mr. _ __)
(Name, Title and Address of the Attorney)

Notes:
a) To be executed by the bidder
b) 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.
c) Also, wherever required, the executants(s) should submit for verification the extract
of the charter documents and documents such as a resolution / power of attorney in
favour of the Person executing this Power of Attorney for the delegation of power
here under on behalf of the executants(s).

57
10.10 Annexure III: Financial Proposal Format
Financial proposal will be submitted online on e-tender web portal.
To
The Managing Director,
U.P. Small Industries Corporation Limited,
110, Kanpur Rd, Industrial Estate,
Fazalganj Industrial Estate, Kanpur, Uttar Pradesh 208012
Phone: 0512-2241622, 0512-2236642
Fax: 0512-2213974
Email: [email protected],
Subject: Proposal for Appointment of State Programme Implementation Unit (SPIU) under Raising and Accelerating MSME
Performance (RAMP) Government of Uttar Pradesh

Sir,
We, the undersigned, offer to provide the consulting services of Consultant as Programme Implementation Unit (PIU) for the
Department in accordance with your Request for Proposal dated [ . . . . . . . . .. .] and our Technical Proposal. Our Financial
Proposal inclusive of taxes, but excluding GST, is as below:

Amount
Amount in
Sr. No. Description Quantity Months Unit Rate without taxes
words
in Numbers
Professional Fees for Deployment of
1 1 48
Resource

A Key Expert

1.1 State Lead Project Manager 1 48

1.2 Financial &Banking Manager 1 48
1.3 Enterprise Development Manager 1 48
1.4 Capacity Building Expert 1 48

58
 Amount
Amount in
Sr. No. Description Quantity Months Unit Rate without taxes
words
in Numbers
1.5 M&E Manager 1 48
1.6 Procurement Specialist 1 48
1.7 IEC Expert 1 48
Non-Key Expert (On Demand Resource-
B
Man Day Rates)
1.1 Environment Specialist 1
1.2 Social Specialist 1
Total A

Notes
a. Goods & Service Tax will be paid extra as applicable
b. The above includes all travel, lodging and other out of pocket expenses within state; no extra claims above what has been
mentioned in this section will be allowed during the engagement
c. The same rates will be used for extending the scope of work or seeking more time/resources from the consulting firm.
d. If number of resources required is increased, the Bidder shall provide the resources on the sanctioned rates.

Our financial proposal shall be binding upon us subject to the modifications resulting from contract negotiations, up to expiration of
the validity period of the Proposal.
We solemnly affirm that we will strictly adhere to the laws against fraud, corruption and unethical practices, including but not limited
to “Prevention of Corruption Act, 2018”, during the bidding process and execution of the contract, in case we are awarded the work.

We understand you are not bound to accept any Proposal you receive.

Yours sincerely,

Authorized Signature {In full and initials}:

Name and Title of Signatory:

59
10.11 Annexure IV: Draft Performance Guarantee Format
(To be issued by a Bank)

This Deed of Guarantee executed at ————————— by ———————— (Name

of the Bank) having its Head/ Registered office at ——————————————
(hereinafter referred to as “the Guarantor”) which expression shall unless it be
repugnant to the subject or context thereof include its heirs, executors, administrators,
successors and assigns;

In favour of Uttar Pradesh Small Industries Corporation Limited, Kanpur, Uttar

Pradesh, having its office at 110, Industrial Estate, Fazalganj, Kanpur – 208012, Uttar
Pradesh, India (hereinafter called “Managing Director, Uttar Pradesh Small Industries
Corporation Limited, Kanpur, Uttar Pradesh” which expression shall unless it be
repugnant to the subject or context thereof include its heirs, executors, administrators,
successors and assigns);

Whereas M/s _________. a company/ firm formed under ____________ (specify the
applicable law) and having its registered office at ____________ has been,
consequent to conduct and completion of a competitive bidding process in accordance
with the letter of requirements document No._______________ dated __/__/2021
issued by Managing Director , Uttar Pradesh Small Industries Corporation Limited,
Kanpur, Uttar Pradesh, and selected M/s ___________ (hereinafter referred to as the
Bidder) for the Agreement by Managing Director , Uttar Pradesh Small Industries
Corporation Limited, Kanpur, Uttar Pradesh as more specifically defined in the
aforementioned Document including statement of work and the Agreement executed
between the Managing Director, Uttar Pradesh Small Industries Corporation,
Government of Uttar Pradesh, and Bidder. The Agreement requires the Bidder to
furnish an unconditional and irrevocable Bank Guarantee for an amount of Rs._____ /-
(Rupees ___________________________________ only) by way of security for
guaranteeing the due and faithful compliance of its obligations under the Agreement.

Whereas the Bidder approached the Guarantor, and the Guarantor has agreed to
provide a Guarantee being these presents:

Now this Deed witnessed that in consideration of the premises, we, _______Bank
hereby guarantee as follows:

1. The Bidder shall implement the Project, in accordance with the terms and subject
to the conditions of the Agreement, and fulfil its obligations there under

2. We, the Guarantor, shall, without demur, pay to Managing Director , Uttar Pradesh
Small Industries Corporation Limited, Kanpur, Uttar Pradesh an amount not
exceeding INR_______________ (Rupees
_________________________________ only) within 7 (seven) days of receipt of
a written demand therefore from Managing Director , Uttar Pradesh Small
Industries Corporation Limited, Kanpur, Uttar Pradesh, stating that the Bidder has
failed to fulfil its obligations as stated in Clause 1 above.

60
 3. The above payment shall be made by us without any reference to the Bidder or
any other person and irrespective of whether the claim of the Managing Director,
Uttar Pradesh Small Industries Corporation Limited, Kanpur, Uttar Pradesh is
disputed by the Bidder or not.

4. The Guarantee shall come into effect from______ (Start Date) and shall continue
to be in full force and effect till the earlier of its expiry at 1700 hours Indian
Standard Time on ________ (Expiry Date) (both dates inclusive) or till the receipt
of a claim, from the Uttar Pradesh Small Industries Corporation Limited, Kanpur,
Uttar Pradesh under this Guarantee, which is one month after the expiry of
performance guarantee, whichever is earlier. Any demand received by the
Guarantor from Managing Director, Uttar Pradesh Small Industries Corporation
Limited, Kanpur, Uttar Pradesh prior to the Expiry Date shall survive the expiry of
this Guarantee till such time that all the moneys payable under this Guarantee by
the Guarantor to Managing Director, Uttar Pradesh Small Industries Corporation
Limited, Kanpur, Uttar Pradesh.

5. In order to give effect to this Guarantee, Managing Director, Uttar Pradesh Small
Industries Corporation Limited, Kanpur, Uttar Pradesh shall be entitled to treat the
Guarantor as the principal debtor and the obligations of the Guarantor shall not be
affected by any variations in the terms and conditions of the Agreement or other
documents by Managing Director , Uttar Pradesh Small Industries Corporation
Limited, Kanpur, Uttar Pradesh or by the extension of time of performance granted
to the Bidder or any postponement for any time of the power exercisable by
Managing Director, Uttar Pradesh Small Industries Corporation Limited, Kanpur,
Uttar Pradesh against the Bidder or forebear or enforce any of the terms and
conditions of the Agreement and we shall not be relieved from our obligations
under this Guarantee on account of any such variation, extension, forbearance or
omission on the part of Managing Director, Uttar Pradesh Small Industries
Corporation Limited, Kanpur, Uttar Pradesh or any indulgence by Managing
Director , Uttar Pradesh Small Industries Corporation Limited, Kanpur, Uttar
Pradesh to the Bidder to give such matter or thing whatsoever which under the law
relating to sureties would but for this provision have effect of so relieving us.

6. This Guarantee shall be irrevocable and shall remain in full force and effect until all
our obligations under this guarantee are duly discharged.

7. The Guarantor has power to issue this guarantee and the undersigned is duly
authorized to execute this Guarantee pursuant to the power granted under
______________.

In witness, whereof the Guarantor has set its hands hereunto on the day, month and
year first here-in above written.

Signed and delivered by __________ Bank by the hand of Shri__________ its

_____and authorized office.

Authorized Signatory ____________Bank

61