Invest India’s Reference No: 05/09/2019-SIH/1006

REQUEST FOR PROPOSAL

(Bidding Terms & Draft Agreement)

FOR

Dated: 06th September 2019

Selection of an agency for executing the Startup India Global Venture Capital Summit 2019

Invest India

Invest India is the National Investment Promotion and Facilitation Agency of India and acts as
the first point of reference for investors in India.

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Table of Contents
SECTION 1: LETTER OF INVITATION ................................................................................................................4

SECTION 2: INSTRUCTIONS TO BIDDERS ........................................................................................................7

PREFACE 8
2.1 Introduction....................................................................................................................................................9
2.2 Documents part of RFP ..................................................................................................................................9
2.3 Fraud / Corruption....................................................................................................................................... 10
2.4 Only one Proposal ....................................................................................................................................... 11
2.5 Proposal Validity ......................................................................................................................................... 11
2.6 Clarification and Amendment of RFP Documents ....................................................................................... 12
2.7 Preparation of Proposals ............................................................................................................................. 12
2.8 Earnest Money Deposit (EMD) .................................................................................................................... 13
2.9 Pre-Qualification Criteria ........................................................................................................................... 14
2.10 Technical Proposal .................................................................................................................................... 14
2.11 Financial Proposals ................................................................................................................................... 16
2.12 Conflict of Interest...................................................................................................................................... 16
2.13 Conflicting activities .................................................................................................................................. 16
2.14 Conflicting assignments ............................................................................................................................. 17
2.15 Ownership Rights ....................................................................................................................................... 17
2.16 Conflicting relationships ............................................................................................................................ 17
2.17 Negotiations ............................................................................................................................................... 18
2.18 Performance security ................................................................................................................................. 18
2.19 Confidentiality ............................................................................................................................................ 18
2.20 Authorization of signatory: ........................................................................................................................ 19
2.21 Submission, Receipt, and Opening of Proposals ........................................................................................ 19
2.22 Proposal Evaluation................................................................................................................................... 22
2.23 Evaluation of Technical Proposals ............................................................................................................ 22
2.24 Public Opening and Evaluation of Financial Proposals ............................................................................ 23
2.25 Combined Evaluation ................................................................................................................................. 23
2.26 Information................................................................................................................................................. 25
2.27 Taxes .......................................................................................................................................................... 25
2.28 Award of Contract ...................................................................................................................................... 25
2.29 Data Sheet .................................................................................................................................................. 26

SECTION 3: TECHNICAL PROPOSAL- STANDARD FORMS ....................................................................... 34

Form Tech 1A: Letter of Proposal Submission .................................................................................................. 35

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 Form Tech 1B: Bidder’s Authorization Certificate ............................................................................................ 36
Form Tech 2: Bidder’s Organization and Experience ....................................................................................... 40
Form Tech 3: Comments and Suggestions on the understanding of the Terms of Reference ............................ 42
Form Tech 4: Description of Approach, Methodology and Work Plan for Performing the Assignment/ Job ... 43
Form Tech 5: Work Schedule ............................................................................................................................. 44
Form Tech 6: Team Composition and Task Assignment/ Jobs .......................................................................... 45
Form Tech 7: Comments/ Modifications Suggested on Draft Contract ............................................................. 49
Form Tech 8: Information regarding Conflicting Activities and Wrong Declaration thereof ........................... 50

SECTION 4: FINANCIAL PROPOSAL- STANDARD FORMS ......................................................................... 51

Form Fin 1: Financial Proposal Submission Form ........................................................................................... 52

Form Fin 2: Lumpsum Cost as per TOR of Section 5 ........................................................................................ 53

SECTION 5: TERMS OF REFERENCE ................................................................................................................ 54

5.1 INTRODUCTION .................................................................................................................................................. 55

5.1.1 About Invest India ..................................................................................................................................... 55
5.1.2 Objectives .................................................................................................................................................. 55
5.2 SCOPE OF WORK ................................................................................................................................................ 55
5.4 REVISIONS AND ENHANCEMENTS ...................................................................................................................... 61
6.1 FORM OF CONTRACT .......................................................................................................................................... 63
6.2 GENERAL CONDITIONS OF CONTRACT ............................................................................................................... 65
6.2.1 General Provisions.................................................................................................................................... 65
6.2.2 Commencement, Completion, Modification and Termination of Contract ............................................... 69
6.2.3 Obligations of the Agency ......................................................................................................................... 73
6.2.4 Companies’ Personnel .............................................................................................................................. 75
6.2.5 Obligations of Invest India ........................................................................................................................ 75
6.2.6 Payments to the Agency ............................................................................................................................ 76
6.2.7 Deductions ................................................................................................................................................ 78
6.2.8 Fairness and Good Faith .......................................................................................................................... 78
6.2.9 Settlement of Disputes ............................................................................................................................... 79
6.2.10 Liquidated Damages ............................................................................................................................... 80
6.2.11 Performance security .............................................................................................................................. 81
6.2.12 Confidentiality ......................................................................................................................................... 82
6.2.13 Taxes ....................................................................................................................................................... 82
6.2.14 Contract Price ......................................................................................................................................... 82
6.2.15 Transfer of Contract ................................................................................................................................ 83
6.2.16 Miscellaneous provisions ........................................................................................................................ 83

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6.2.17 Payment Terms ........................................................................................................................................ 84

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SECTION 1: LETTER OF INVITATION

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Dear Sir/Madam,

1. Invest India invites proposals from reputed bidders for “Selection of an agency for
executing the Startup India Global Venture Capital Summit 2019”

2. A bidder will be selected under the Combined Quality cum Cost Based System method
(CQCCBS) with weightages of 70:30 (70% for technical proposal and 30% for financial
proposal) and as per procedures described in this RFP.

3. The content of this RFP enlists the requirements of Invest India. It includes the Bidding
Terms and Draft Agreement which details out all that may be needed by the potential
bidders to understand the financial terms and bidding process and explains the contractual
terms that Invest India wishes to specify at this stage. It also consists of a draft agreement
that needs to be signed between the Invest India and the successful bidder.

The RFP includes the following sections:

Section 1 - Letter of Invitation

Section 2 - Instructions to Bidders (including Data Sheet)

Section 3 - Technical Proposal - Standard Forms

Section 4 - Financial Proposal - Standard Forms

Section 5 - Terms of Reference

Section 6- Standard Form of Contract

1. Please inform us in writing within seven (7) days of issue of RFP at the following
address, upon receipt:

1.1 that you will submit a proposal

1.2 that you will attend the pre-bid conference on “13th September’19”

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 2. The information may be submitted at the following address by post only.

Raunaq Jaisinghani

Invest India,

First Floor, Vigyan Bhawan Annexe,

Maulana Azad Road,

New Delhi – 110 001 T: +91 11 23048250 (D), M: +91 9205192101

E: [email protected]

Yours faithfully,

Deepak Bagla

CEO and MD

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SECTION 2: INSTRUCTIONS TO BIDDERS

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Preface
Invest India is set up as a nonprofit venture under the DPIIT, Ministry of Commerce and Industries,
Government of India. Operationalized in early 2010, the Agency has been set up as the dedicated
investment promotion agency (IPA) for attracting investments into the country in a structured,
focused and comprehensive manner.

Invest India is the first point of reference for foreign investors, and investment promotion and
facilitation constitute the core mandate of the Agency. Its services include providing quality input
and support services to Indian and overseas enterprises — through granulated, sector- and state-
specific information, assistance with location identification, expedition of regulatory approvals,
facilitation of meetings with relevant government officials, organization of investment road shows
and roundtables, and aftercare services that include initiating remedial action on problems faced
by investors by involving the government department concerned.

Startup India is working on various initiatives to promote investments into Indian startups.
One such initiative is the Startup India Global Venture Capital Summit, a specially curated day-
long event to showcase the diversity, scale of the Indian market opportunity and the cutting-edge
innovations, was held last year on December 07th, 2018 at Cidade De Goa Resort, Goa. Last year,
this Summit brought together over 250 participants from over 20 countries across the globe,
showcased the unparalleled VC opportunity in India, and facilitated a rich exchange of ideas on
various aspects of the Venture Capital world.
This year the Summit aims to reach new heights. In its convening power, the Summit aims to set
new benchmarks with an aim to bring together a series of engagements involving over 350
participants from across the globe including leading Global Venture Capital Firms, family offices,
Government officials, startups and Fortune 500 companies.

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2.1 Introduction

2.1.1 Invest India named in the Data Sheet will select a bidder in accordance with the method
of selection specified in the Data Sheet.

2.1.2 The short-listed bidders are invited to submit a proposal in two parts - the Technical part
and the Financial part sealed separately, as specified in the Data Sheet, for services required
for the assignment named in the Data Sheet. Late bids i.e. bids received after the
specified date in the data sheet will not be considered. The Proposals submitted will be
the basis for signing the contract with the selected bidder.

2.1.3 The Bidders are required to familiarize themselves with the local conditions and take them
into account while preparing their proposals. To obtain first-hand information on the
assignment and local conditions, bidders are advised to attend a pre-bid conference as
specified in the Data Sheet. Attending the pre-bid conference is optional. Bidders should
contact Invest India’s representative named in the Data Sheet to obtain additional
information on the pre-bid conference.

2.1.4 Bidders shall bear all costs in connection with the preparation and submission of their
proposals, attending pre-bid conference, etc.

2.1.5 Invest India may accept or reject any proposal in its discretion and may ask for any
additional information or vary its requirements, add to or amend the terms, procedure and
protocol set out in RFP for bonafide reasons, which will be notified to all the Bidders
invited to tender. Further Invest India hereby reserves its right to annul the selection
process at any time prior to the contract award without incurring any liability towards the
Tenderers.

2.2 Documents part of RFP

2.2.1 The Request for Proposal (RFP) document for the project consists of the following
sections:
Section 1 - Letter of Invitation
Section 2 - Instructions to Bidders (including Data Sheet)

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

2.2.2 The prospective bidders are expected to examine all instructions, forms, terms, project
requirements, and other information in the RFP documents. Failure to furnish all
information required as mentioned in the RFP documents or submission of a proposal not
substantially responsive to the RFP documents in every respect will be at the prospective
bidder’s risk and may result in rejection of the proposal.

2.3 Fraud / Corruption

2.3.1 Invest India requires that the bidders participating in the selection process adhere to the
highest ethical standards, both during the selection process and throughout the execution
of the Contract. In pursuance of this policy, Invest India defines, for this paragraph, the
terms set forth as applicable to both the parties:

2.3.2 “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly,
of anything of value (whether in cash or kind) to influence the action of a public official in
the selection process or in Contract execution;

2.3.3 “fraudulent practice” means a misrepresentation or omission of facts to influence a

selection process or the execution of a Contract;

2.3.4 “collusive practices” means a scheme or arrangement between two or more bidders with
or without the knowledge of Invest India, designed to establish prices at artificial,
noncompetitive levels;

2.3.5 “coercive practices” means harming or threatening to harm, directly or indirectly, persons
or their property to influence their participation in a procurement process, or affect the
execution of a Contract. Invest India will reject a proposal for award if it comes to know
that the bidder recommended for award has, directly or through an agent, engaged in
corrupt, fraudulent, collusive or coercive practices in competing for the Contract in

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 question; and

2.3.6 Invest India will terminate the Contract, if already awarded and will declare the bidder
ineligible, either indefinitely or for a stipulated period, to be awarded a Contract, if at any
time it determines that the bidder has, directly or through an agent, engaged in corrupt,
fraudulent, collusive or coercive practices in competing for, or in executing, a Contract.

2.3.7 Bidders shall be aware of the provisions on fraud and corruption prescribed in the specific
clauses in the General Conditions of Contract.

2.3.8 Bidders shall furnish information on commissions and gratuities, if any, paid or to be paid
to agents relating to this proposal with details of name and address of agents, amount, and
purpose, during contract execution as per details in the Financial Proposal submission form
(Section 4).

2.4 Only one Proposal

2.4.1 Bidders will submit only one proposal under one category (categories are defined in scope
of work as zones). If a Bidder submits or participates in more than one proposal, all such
proposals shall be disqualified.

2.5 Proposal Validity

2.5.1 The Data Sheet indicates how long Bidders’ proposals must remain valid after the
submission date. During this period, Bidders shall ensure the availability of professional
staff nominated in the Proposal. Should the need arise, Invest India may request Bidders
to extend the validity period of their proposals. Bidders who agree to such extension shall
confirm that they maintain the availability of the professional staff nominated in the
Proposal, or in their confirmation of extension of validity of the Proposal, Bidders could
submit new staff in replacement, which would be considered in the final evaluation for
Contract award. Bidders, who do not agree, have the right to refuse to extend the validity
of their proposals.

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2.6 Clarification and Amendment of RFP Documents

2.6.1 Bidders may request for clarifications on any of the RFP documents up to the number of
days indicated in the Data Sheet before the proposal submission date. Any request for
clarification must be sent in writing, or by standard electronic means to Invest India’s
address indicated in the Data Sheet. Invest India will respond in writing, or by standard
electronic means and will send written copies of the response (including an explanation of
the query but without identifying the source of inquiry) to all Bidders. Should Invest India
deem it necessary to amend the RFP as a result of a clarification, it shall do so by the
following procedure.

2.6.2 At any time before the submission of Proposals, Invest India may amend the RFP by
issuing an addendum in writing or by standard electronic means. The addendum shall be
sent to all Bidders and will be binding on them. Bidders shall acknowledge receipt of all
amendments. To give Bidders reasonable time in which to take an amendment into account
in their Proposals, Invest India may, if the amendment is substantial, extend the deadline
for the submission of Proposals.

2.6.3 Pre-bid conference: Pre-bid conference will be held as specified in the Data Sheet for
clarifying issues and doubts, if any, concerning the subject matter of study. Inputs from the
prospective bidders will also be sought if considered necessary.

2.7 Preparation of Proposals

2.7.1 The Proposal as well as all related correspondence exchanges by the bidders and Invest
India, shall be written in the language (s) specified in the Data Sheet.

2.7.2 In preparing their Proposal, bidders are expected to examine in detail all the documents
comprising the RFP. Material deficiencies in providing the information requested may
result in rejection of a Proposal

2.7.3 The numbers of Professional staff-months required for the assignment must be estimated
by the Bidders. Invest India will not be liable for additional cost compensation in case
bid proposal is based on inadequate or under-estimated staff months. Alternative

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 professional staff shall not be proposed, and only one Curriculum Vitae (CV) may be
submitted for each position.

2.7.4 Language: Documents to be issued by the bidders, as part of this assignment must be in
English.

2.7.5 The Bid may be signed either by the Principal Officer of the Agency or his duly
Authorized Representative, in which case the bid shall be accompanied by a certificate of
authority. A bid which does not fulfill this criterion will be treated as ineligible and will
be liable to be rejected.

2.8 Earnest Money Deposit (EMD)

2.8.1 The Bidders must submit an Earnest Money deposit of INR 10,00,000 in the form of a bank
draft/ Bank guarantee along with a Technical proposal.

2.8.2 The EMD shall be in Indian Rupees only. The Bank Draft/ Bank Guarantee should be
drawn in favor of Invest India and payable at New Delhi.

2.8.3 Unsuccessful Bidder’s EMD/ Bank Guarantee will be discharged / refunded as promptly
as possible but not later than 30 days after the final selection

2.8.4 The successful Bidder’s EMD/ BANK Guarantee will be discharged only after the
completion of the contract papers

2.8.5 The EMD shall be forfeited:

a. If a Bidder withdraws its bid during the period of Bid validity specified by the Bidder
on the Bid Form.

b. Or in case of a successful Bidder, if the Bidder fails to sign the contract; or

c. If a bidder fails to furnish the Performance Guarantee.

2.8.6 Proposals not accompanied by EMD will not be considered for Technical and Financial
evaluation.

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2.9 Pre-Qualification Criteria

2.9.1 The bidder must be either a limited liability partnership or a company registered under the
Indian Companies Act 1956/ 2013.

2.9.2 The bidder should have been in operation for at least two years as on date of publishing of
bid (Incorporation/ Registration Certificate required)

2.9.3 The bidder must have a dedicated manpower size of at least 30 people for undertaking
organizing and executing, as well as a proven track record in conducting Startup related
events in India and outside India (Self-certification required)

2.9.4 The bidder must have successfully completed at least 1 similar project over the last 2 years
having a minimum order value of INR One Crore. (Copy of work order, Contract for each
of the mentioned assignments required)

2.9.5 Documentary proof is essential without which the proposal will be rejected. Technical and
Financial evaluation will be done only for the bidders who have submitted EMD and are
satisfying the above pre-qualification criteria.

2.10 Technical Proposal

2.10.1 Bidders are required to submit an original Full Technical Proposal (FTP) along with 2 hard
copies and a soft copy (in the form of a Pendrive). The Data Sheet indicates the format of
the Technical Proposal to be submitted. Submission of the wrong type of Technical
Proposal will result in the Proposal being deemed non-responsive. The Technical Proposal
shall provide the information indicated in the following paras from (a) to (l) using the
attached Standard Forms (Section 3).

a. Format of letter to be submitted by the Bidder along with the Proposal (Form TECH-
1)

b. A brief description of the Bidders’ organization and an outline of recent experience of

the Bidder, assignments of a similar nature are required in Form TECH-2 of Section
3. For the assignment, the outline should indicate the names of Professional staff who
participated, duration of the assignment, Contract amount, and bidder’s involvement.

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 Information should be provided only for those assignments for which the bidder was
earlier awarded Contract as an individual Agency or as a lead partner in a Consortium.
Assignments completed by individual Professional staff working privately or through
other Companies cannot be claimed as the experience of the bidder, or that of the
Agency’s associates. Bidders should be prepared to substantiate the claimed
experience, if so, requested by Invest India.

c. The bidder must submit a detailed theme / design / drawings of the proposed event
structure including security system, access control, fire and safety fixtures etc. The
submitted design / drawing should be compliant with necessary protocol and other
regulatory requirements of a PM level event

d. Proposed logo for the “Startup India Global Venture Capital Summit 2019”

e. A complete layout / drawing, 3D design renderings of the event structure with

markings of the areas of stage (for a 400 large audience, a VIP lounge, Roundtable
setting for up to 25 people, PM Lounge, Open dinner setting for 400 large audience,
Registration desk, concierge desk, hotel branding etc)

f. Actual photographs of structures to be used

g. Flex Branding and hoardings around inside and outside the venue / locally in Goa

h. Comments and suggestions may be proposed on the Terms of Reference including

workable suggestions that could improve the quality/ effectiveness of the assignment.
The bidder, however, should not make any deviation from the Terms of Reference,
which reduces the scope of services. (Form TECH-3 of Section 3). The bidder may
suggest their own methodology, work plan over and above the ones detailed in the
project report.

i. A description of the approach, methodology, and work plan for performing the
assignment covering the following subjects: technical approach and methodology,
work plan, activity schedule, participant coordination, organization, creation of web-
page and App, and staffing schedule. Guidance on the content of this section of the
Technical Proposals is provided under Form TECH-4 of Section 3. The work plan

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 should be consistent with the Work Schedule (Form TECH-5 of Section 3) which will
show in the form of a bar chart, the timing proposed for each activity.

j. The team composition by area of expertise, the position that would be assigned to
each staff team member, and their tasks (Form TECH-6 of Section 3).

k. Comments, if any, on the Standard form of Contract as given in Section 3 of the RFP
may be given as per Form TECH 7. However, Invest India is not bound to accept
any/ all suggestions proposed and may reject any such suggestion.

l. Information on conflicting activities, if any, should be given as per Form TECH-8.

2.10.2 The Technical Proposal shall not include any financial information. A Technical Proposal
containing financial information shall be declared non-responsive.

2.11 Financial Proposals

2.11.1 The bidder should submit the financial bid as per the format indicated in FORM FIN 2 in
a separate sealed envelope.

2.11.2 The quote should be in Indian Rupees and should be inclusive of all taxes as applicable.
The Financial Proposal shall be prepared using the attached Standard Form (Section 4).

2.12 Conflict of Interest

2.12.1 Invest India’s policy requires that bidders should provide professional, objective, and
impartial advice and at all times hold Invest India’s interest’s paramount and strictly
avoid conflicts with other assignments or their own corporate interests.

2.12.2 Without limitation on the generality of the foregoing, Companies, and any of their
affiliates, shall be considered to have a conflict of interest and shall not be recruited,
under any of the circumstances.

2.13 Conflicting activities

2.13.1 A firm that has been engaged to provide goods, works, or services for a project, and each
of its affiliates, shall be disqualified from providing consulting services related to those
goods, works or services. Conversely, a firm hired to provide consulting services for the
preparation or implementation of a project, and each of its affiliates, shall be disqualified

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 from subsequently providing goods, works or services for such preparation or
implementation.

2.14 Conflicting assignments

2.14.1 Neither consultants (including their personnel and sub-consultants) nor any of their
affiliates shall be hired for any assignment that, by its nature, may conflict with another
assignment of the consultants. As an example, consultants hired to prepare engineering
design for an infrastructure project shall not be engaged to prepare an independent
environmental assessment for the same project, and consultants assisting a client in the
privatization on public assets shall neither purchase nor advise purchasers of, such assets.
Similarly, consultants hired to prepare Terms of Reference (TOR) for an assignment shall
not be hired for the assignment in question.

2.15 Ownership Rights

2.15.1 Ownership of all new artifacts (creatives, pictures, videos, etc.) created during this
assignment will rest with Invest India and it will have the right to resell/ implement the
same with any other organization.

2.16 Conflicting relationships

2.16.1 The bidder (including its personnel) that has a business or family relationship with a
member of Invest India’s staff who is directly or indirectly involved in any part of (i) the
preparation of the Terms of Reference of the assignment, (ii) the selection process for
such assignment, or (iii) supervision of the Contract, may not be awarded a Contract,
unless the conflict stemming from this relationship has been resolved in a manner
acceptable to Invest India throughout the selection process and execution of the
Contract.

2.16.2 Bidders have an obligation to disclose any situation of actual or potential conflict that
impacts their capacity to serve the best interest of Invest India, or that may reasonably be
perceived as having this effect. Failure to disclose the said situations may lead to the
disqualification of the bidder or the termination of its Contract.

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2.17 Negotiations

2.17.1 No negotiations will be allowed. However, after the bidder is finally selected, the detailed
work-plan and sequence of activities will be finalized in consultation with Invest India.

2.18 Performance security

2.18.1 For the due performance of the assignment in accordance with the terms and conditions
specified, the selected Agency shall on the day or before signing the contract which shall
not be later than 30 (thirty) days from the issue of the Letter of Award, furnish to Invest
India a performance security in the form of an irrevocable Bank Guarantee for an amount
equal to ten percent (10%) of cost mentioned in the financial bid. This performance
guarantee will be released after successful completion of the whole Project.

2.18.2 The Bank Guarantee/s shall be in favour of Invest India, issued by the State Bank of
India or any Nationalized or scheduled Indian Bank, approved by the Reserve Bank of
India and acceptable to Invest India. The Bank Guarantee/s shall be on the Proforma,
which shall be furnished by Invest India.

2.18.3 It is expressly understood and agreed that the performance security is intended to secure
performance of entire contract. It is also expressly understood and agreed that the
performance security is not intended to cover all the damages detailed / stipulated in
various clauses in the Contract document.

2.18.4 Should the assignment period, for whatever reason be extended, the bidder, shall at his
own cost, get the validity period of Bank Guarantee in respect of performance security
furnished by him extended and shall furnish the extended / revised Bank Guarantee to
Invest India before the expiry date of the Bank Guarantee originally furnished.

2.19 Confidentiality

2.19.1 Information relating to evaluation of Proposals and recommendations concerning awards

shall not be disclosed to the bidders who submitted the Proposals or to other persons not
officially concerned with the process. The undue use by any bidder of confidential
information related to the process may result in rejection of its Proposal and adversely
affect its prospects.

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2.20 Authorization of signatory:

2.20.1 The Bid may be signed either by the Principal Officer of the Agency or his duly Authorized
Representative, in which case he/she shall submit a certificate of authority. All certificates
and documents (including any clarifications sought and any subsequent correspondences)
received hereby, shall, as far as possible, be furnished and signed by the Representative or
the Principal Officer. The Principal Officer/ authorized representative of the Agency shall
sign the proposal and initial all pages of the original Technical and Financial Proposals.
The authorization shall be in the form of a written power of attorney accompanying the
Proposal or in any other form demonstrating that the representative has been dully
authorized to sign. The power or authorization, or any other document consisting of
adequate proof of the ability of the signatory to bind the Bidder shall be annexed to the
Bid.

2.21 Submission, Receipt, and Opening of Proposals

2.21.1 The original proposal (Technical Proposal and Financial Proposal) shall contain no
interlineations or overwriting, except as necessary to correct errors made by the bidders
themselves. The person who signed the proposal must initial such corrections. Submission
letters for both Technical and Financial Proposals should respectively be in the format of
TECH-1 of Section 3, and FIN-1 of Section 4. The signed Technical and Financial
Proposals shall be marked “ORIGINAL”.

2.21.2 It is proposed to have the following Envelope System for this bid:

a. Envelope 1:
i. Demand Draft for Earnest Money Deposit
ii. Pre-Qualification Proposal, a copy and a pendrive
iii. One original, 2 copies and a pendrive of Technical Bid
b. Envelope 2: Financial Bid
c. Envelope 3: Both the above envelopes in Envelope 3

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2.21.3 Details of the contents of the envelopes are given in the following table:

 The Bidder must submit an EMD which shall be in the form of a Demand
Draft/ Bank Guarantee in Indian Rupees only. The Bank Draft / Bank
Gaurantee should be drawn in favor of Invest India and payable at New
Delhi.

 The Pre-Qualification Proposal shall be prepared in accordance with the

requirements specified in S. No. 2.9 of this section and in the data sheet of
this RFP. The Pre-Qualification Proposal should be submitted in hard copy
(one original and one copy) and 1 Pendrive only. The words “Pre-
Qualification Proposal – Selection of an agency for executing the
Startup India Global Venture Capital Summit 2019” shall be written on
the hardcopy and Pendrive.
Envelope 1:  The Technical Proposal shall be prepared in accordance with the
EMD, Pre- requirements specified in S. No. 9, Data Sheet and in the Tech forms in
Qualification Section 3 prescribed in this RFP. The Technical Bid should be submitted in
Proposal & hard copy (one original and two copies) and on 1 Pendrive format only. The
Technical Technical Proposal shall be marked “ORIGINAL” or “COPY” as appropriate.
Proposal All required copies of the Technical Proposal are to be made from the original.
If there are discrepancies between the original and the copies of the Technical
Proposal, the original governs.

 The words “Pre-Qualification and Technical Proposal – Error!

Reference source not found. (“Not to be opened before 01st
October’19”) shall be written on the hardcopies and Pendrive. Pendrive
should contain pdf version of the signed Technical Proposal submitted
by the Bidder in hard copy.

 The hardcopies and Pendrive shall be put in the envelope which shall
be sealed and super scribed “Pre-Qualification Proposal – Selection of
an agency for executing the Startup India Global Venture Capital
Summit 2019”. This envelope and Pendrive should not contain the

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 financial bid, in either explicit or implicit form, in which case the bid
will be rejected.

 The Financial bid shall be submitted in a sealed envelope as per the format
prescribed in Section 4 of this RFP.

 The sealed Financial bid shall be submitted on Hard Copy only. NO soft
copy or pen drive WILL BE SUBMITTED.

 The words “Financial bid – Selection of an agency for executing the

Envelope 2:
Startup India Global Venture Capital Summit 2019” shall be written
Financial bid
on the hardcopy. The Hard Copy shall be signed by the authorized
signatory on all the pages before being put in the envelope and sealed.
The envelope should also be super scribed “Financial bid - Selection
of an agency for executing the Startup India Global Venture
Capital Summit 2019 (Not to be opened with the Technical
Proposal)”

Note:Envelope
Both Unsigned1 Hard Copy of 2the
and Envelope Financial
should bid
be put in will lead to3 rejection
Envelope of be
which shall the
bid
properly sealed. The outside of the envelope must clearly indicate the name
of the project (“Selection of an agency for executing the Startup India
Global Venture Capital Summit 2019”)
Envelope 3
This outer envelope shall bear the submission address, reference number
(mentioned in Data Sheet) and be clearly marked “DO NOT OPEN, EXCEPT
IN PRESENCE OF THE OFFICIAL APPOINTED, BEFORE “01st
October’19”

2.21.4 Invest India shall not be responsible for misplacement, loss or premature opening if the
outer envelope is not sealed and/or marked as stipulated. This circumstance may be a
case for proposal rejection. If the Financial Proposal is not submitted in a separate sealed
envelope duly marked as indicated above, this will constitute grounds for declaring the
Proposal non-responsive.

Page 21 of 87
2.21.5 The Proposals must be sent to the address/ addresses indicated in the Data Sheet and
received not later than the time and the date indicated in the Data Sheet. Any proposal
received after the deadline for submission shall be returned unopened against
acknowledgement or Registered AD post/ courier.

2.21.6 Technical Proposals shall be opened immediately after the deadline for their submission is
over. The envelopes with the Financial Proposals shall remain sealed and securely stored.

2.22 Proposal Evaluation

2.22.1 From the time the Proposals are opened and up to the time the Contract is awarded, the
bidders shall not contact Invest India on any matter related to its Technical and/or
Financial Proposal. Any effort by bidder to influence Invest India in the examination,
evaluation, ranking of Proposals, canvassing in any form or recommendation for award of
Contract, may result in the rejection of the bidder’s Proposal.

2.22.2 Evaluators of Technical Proposals shall have no access to the Financial Proposals until the
technical evaluation is concluded.

2.23 Evaluation of Technical Proposals

2.23.1 Proposals which are not supported by adequate proof of the Signatory’s Authority or are
not accompanied by an EMD will not be evaluated.

2.23.2 The Evaluation Committee shall evaluate the Technical Proposals only for those bidders
who satisfy the pre-qualification criteria as referred in Clause No. 3 of Data Sheet. The
technical proposals will be evaluated based on their responses to the Terms of Reference,
applying the evaluation criteria, sub-criteria, and point system specified in the Data Sheet.
Evaluations will be based on documentary evidence submitted by the bidder with respect
to pre-qualification / evaluation / selection criteria. Each responsive proposal will be given
a technical score (Ts). A Proposal shall be rejected at this stage if it does not respond to
important aspects of the RFP, and particularly the Terms of Reference or if it fails to
achieve the minimum technical score indicated in the Data Sheet. The Technical proposals
which are unsigned and incomplete shall not be evaluated.

Page 22 of 87
2.23.3 The proposal shall be rejected if bidder does not fulfill the eligibility criteria or the validity
period of the proposal is less than 120 days.

2.23.4 During the process of evaluation of the technical proposal, the bidder will be required to
make presentation on its Proposal covering Experience/ Technical Proposal including
Implementation Methodology, Team Composition, Work Schedule and Activity Schedule.
The date and time of the presentation will be intimated individually.

2.24 Public Opening and Evaluation of Financial Proposals

2.24.1 After the technical evaluation is completed, the bidders shall be informed in writing about
the time and location for opening the Financial Proposals. Bidder’s attendance at the
opening of Financial Proposals is optional but it shall be recorded and signed by all present.

2.24.2 Financial Proposals shall be opened publicly in the presence of the bidder’s representatives
who choose to attend. The name of the bidders whose technical proposal is found
responsive (i.e. identified benchmark) shall be read out. The Financial Proposal of the
bidders who meet the minimum qualifying mark will then be inspected to confirm that they
have remained sealed and unopened. These Financial Proposals of the bidders who meet
the qualifying mark as indicated in the Data Sheet shall be then opened, and the prices read
aloud and recorded.

2.24.3 Financial proposals of only those bidders will be evaluated, who secure a minimum of 60%
marks in the technical evaluation. The proposal with the lowest total bid value (Part A and
Part B) as given in FORM FIN 2 shall be given a financial score of 100 and other proposals
given financial scores that are inversely proportional to their total bid value.

2.25 Combined Evaluation

2.25.1 Based on the criteria in item No. 20 of Data Sheet-Part II the combined score shall be
obtained by weighing the technical and financial scores in the ratio of 70:30 and adding
them up. Based on combined weighted score for technical and financial, the bidder shall
be ranked in terms of total score obtained. The proposal obtaining the highest combined
score in evaluation will be ranked as H-1 followed by the proposals securing lesser marks

Page 23 of 87
as H2, H3, etc. The bidder securing the highest combined marks will be considered for
award of the contract.
Example:
As an example, the following procedure will be followed. The minimum qualifying
marks for technical qualifications are 60 and the weightage of the technical bids and
financial bids is kept as 70:30. If in response to the RFP, 3 proposals, A, B & C are
received. The technical evaluation committee awards them 75, 80, and 90 marks
respectively. The minimum qualifying marks are 60. All the 3 proposals are, therefore,
found technically suitable and their financial proposals will be opened after notifying the
date and time of bid opening to the successful participants. If the evaluation committee
examines the financial proposals and the quoted total bid values are as under:
Proposal Total Bid Value
A : INR 120
B : INR100
C : INR 110
Using the formula LTBV / TBV, where LTBV stands for Lowest Total Bid Value and
TBV stands for Total Bid Value, the committee will give them the following points for
financial proposals:
A : (100 / 120) * 100 = 83 points
B : (100 / 100) * 100 = 100 points
C : (100 / 110) * 100 = 91 points
In the combined evaluation, thereafter, the evaluation committee will calculate the
combined technical and financial score as under:
Proposal A : 75x0.70 + 83x0.30 = 77.4 points.
Proposal B : 80x0.70 + 100x0.30 = 86 points
Proposal C : 90x0.70 + 91x0.30 = 90.3 points.
The three proposals in the combined technical and financial evaluation will be ranked as
under:
Proposal A: 77.4 points : H3
Proposal B: 86 points : H2
Proposal C: 90.3 points : H1

Page 24 of 87
 Proposal C at the total bid value of INR 110 will, therefore, declared as winner and
recommended for approval, to the competent authority.

In the event of a tie in the final scores, the agency having the lower financial quote
amongst the two would be preference.

2.26 Information

2.26.1 Information relating to evaluation of Proposals and recommendations concerning awards

shall not be disclosed to the bidders who submitted the Proposals or to other persons not
officially concerned with the process. The undue use by any bidders of confidential
information related to the process may result in the rejection of its Proposal and may
adversely affect its prospects.

2.27 Taxes

2.27.1 The bidder shall include in Bid Price all local taxes and duties as applicable on amounts
payable by the Agency under the Contract. All taxes, duties and other impositions as
applicable in India shall always be deemed to be included in the Financial Proposal.

2.27.2 The Financial Proposal shall include all commercial implications and all applicable taxes
should also be included in the Financial Proposal.

2.27.3 Bid/Contract price shall remain fixed for the entire Contract period.

2.28 Award of Contract

2.28.1 The bidder securing the highest combined score will be considered for award of Contract.

2.28.2 Invest India shall award the Contract to the selected bidder by issue of Letter of Award
(LOA) and notify all bidders who have submitted proposals after award is accepted by the
selected bidder.

2.28.3 The selected bidder is expected to commence the assignment on the date and at the location
specified in the LOA/ Contract.

Page 25 of 87
2.28.4 If the selected bidder does not sign the Contract within the stipulated period or does not
submit the Performance Guarantee within time, the LOA may be cancelled and the bidder
securing the next higher combined marks will be considered for award of Contract.

2.29 Data Sheet

Invest India is the National Investment Promotion and

Name of the client: Facilitation Agency of India and acts as the first point of
1.
reference for investors in India.

Method of selection: Combined Quality cum Cost Based System (CQCCBS)

The RFP consists of the Bidding Terms and Draft Agreement.

It details out all information that may be needed by the potential
bidders to understand the financial terms and various bidding
2. Documents part of RFP: processes and explains the contractual terms Invest India wishes
to specify at this stage. It also consists of a draft Agreement that
needs to be signed between Invest India and the successful
bidder.

2.29.1 The bidder must be either a limited liability partnership

or a company registered under the Indian Companies Act
1956/ 2013 or a Society or a Trust

2.29.2 The bidder should have been in operation for at least (2)
years as on date of publishing of bid i.e. “06th September
Pre-Qualification Criteria 2019” (Incorporation/ Registration Certificate required).
3.
2.29.3 The bidder must have a dedicated manpower size of at
least 30 people for undertaking creative and technical
work. (Self-certification required)

2.29.4 The bidder must have successfully completed at least 1

similar project over the last 2 years having a minimum
order value of INR One Crore. (Copy of work order,

Page 26 of 87
 Contract for each of the mentioned assignments
required)

Documentary proof with respect to the above criteria is essential

without which the proposal will be rejected. Technical and
Financial evaluation will be done only for the bidders satisfying
the above criteria.
Bidders should facilitate Invest India, if so desired, to have
examination of projects having been implemented and provide
3 references from prior customers.

Yes. The Bidder must submit an EMD of INR 10, 00,000 in

Earnest Money Deposit
4. Indian Rupees in the form of a Demand Draft / Bank Guarantee
requested:
drawn in favour of Invest India payable at New Delhi.

Technical and Financial

Yes
Proposals requested:

5. Name, objectives, and

description of the As detailed in TOR (Section 5)
assignment:

Date: 13th September’19

Time: 11 am
Venue: First Floor, Vigyan Bhawan Annexe,
Maulana Azad Road,
New Delhi – 110 001
6. Pre-bid conference:
Contact details for pre-bid conference:
Raunaq Jaisinghani
Invest India,
First Floor, Vigyan Bhawan Annexe,
Maulana Azad Road,
New Delhi – 110 001
T: +91 11 23048250 (D), M: +91 9205192101

Page 27 of 87
 E: [email protected]
Bidders may confirm their participation in the pre-bid
conference to the above person.

Clauses on fraud and

7. Clause 3 of Section 2
corruption in the Contract:

Raunaq Jaisinghani
Invest India,
First Floor, Vigyan Bhawan Annexe,
Address for requesting Maulana Azad Road,
8.
clarifications is: New Delhi – 110 001
T: +91 11 23048250 (D), M: +91 9205192101
E: [email protected]

English
The Contract to be signed with the successful Agency shall be
Language(s) of the
9. written in the English language, which shall be the language
submitted proposals:
that shall govern the contractual relations between Invest India
and the successful Agency.

(i) Without diluting the

concept of total
responsibility of the Agency
awarded the Contract, short
listed Agency/entity may Yes
associate with other short-
10. listed Agency: Prior
approval of Invest India
required.

(ii) Reports that are part English

of the assignment must be
written in the following
language(s):

Page 28 of 87
 Training is a specific
11. component of this Yes
assignment:

Taxes: [Specify Agency’s

liability:]:
Amounts payable by the As per Clause 27 of Section 2
Invest India to the Agency
12. under the Contract shall be
Yes
the Contract price inclusive
of all taxes and duties and
after deductions indicated in
clause 6.2.7

Bidder to state cost in the

13. Cost to be stated in Indian Rupees
national currency:

Proposals must remain valid

for one hundred twenty (120
14. Date: “28th January’19”
days) after the submission
date, i.e., until:

Address to submit an Raunaq Jaisinghani

Invest India,
original, Two (2) additional
First Floor, Vigyan Bhawan Annexe,
copy of each proposal and Maulana Azad Road,
15.
one soft copy of technical New Delhi – 110 001
proposal in the form of a pen T: +91 11 23048250 (D), M: +91 9205192101
E: [email protected]
drive by the Agency:

Not later than the following date and time:

16. Proposals submission date: Date: 30th September’19
Before 4 pm

17. Address to send information Raunaq Jaisinghani

Page 29 of 87
 to Invest India: Invest India,
First Floor, Vigyan Bhawan Annexe,
Maulana Azad Road,
New Delhi – 110 001
T: +91 11 23048250 (D), M: +91 9205192101
E: [email protected]

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

Description of each evaluation criteria: Maximum Marks with

Break-up

(i). Past Experience in work of similar nature 10 Marks

(a) Past experience of similar nature as described in point 5 Marks
number 3(d) of the data sheet, in terms of no of assignments in
India, executed over the last 3 years, each of whose value is
above Rs One Crore
(2 Marks)
 No assignments <3
(5 Marks)
 No assignments >=3
(b) Number of similar projects successfully completed for
18.
international organizations during the last three years (attach
5 Marks
names of Projects, work order & completion document of each
project)
Evidenced by Contract/Work/Engagement orders, indicating
details of assignment, client, value of assignment, date of award
etc.

(ii). Manpower, Skill Set, Team Composition & Deployment 20 Marks

Composition of the project team and details of specific
qualifications, skills/ competencies/ expertise of the key
professional staff. Resumes of team members to give details of
Education Qualification, implementation of similar assignments,

Page 30 of 87
 relevant services carried out in the last 3 years, Client/ User
Testimonials/ credentials

(iii). Understanding of TOR, Methodology and Work Plan 70 Marks

Adequacy of the proposed work plan and methodology in
responding to the TOR
(a). Understanding and adherence of TOR
Demonstrated level of understanding of the project, its purpose, 30 Marks
scope, and bidder's plan for performing the required services as
detailed in scope of work, technical and functional requirements
in the bid, during the entire lifecycle of the project.
(b). Approach and Methodology:
Comprehensiveness and robustness of Project Plan (level of
30 Marks
detail of activities, risk mitigation and practicality). This
criterion will be evaluated based on the following parameters:
(i) Comprehensiveness of plan with respect to all
activities that need to be undertaken to meet the
requirements specified in the scope of work
(ii) Innovative ideas and solutions
(iii) Resource planning and allocation
(c). Work Plan and Time Schedule: Appropriateness of
prescribed time frames. 10 Marks
Based on work order of assignments enclosed along with the
Technical proposal, marks will be assigned.

Total 100 Marks

The bidder will be required to make presentation on its Proposal covering Experience/Technical
Proposal including Implementation Methodology, Team Composition, Work Schedule and
Activity Schedule, the date and time for which will be intimated individually.

19. Financial Evaluation:

Page 31 of 87
 Invest India shall shortlist all the Companies who secure the minimum required marks. The
minimum cut off will be 60 % (Sixty Percent). Financial proposals of only the Companies
scoring 60% in technical bid will be evaluated.
The proposal with the lowest total bid value shall be given a financial score of 100 and other
proposals given financial scores that are inversely proportional to their prices.

Combined Evaluation:
Based on the criteria in item No. 18 the Technical Scores will be assigned and will have a
weightage of 70%. The Financial Proposals will be allotted a weightage of 30%. The total
score shall be obtained by weighing the technical and financial scores and adding them up.
20. Based on combined weighted technical and financial score, the bidder shall be ranked in terms
of total score obtained. The proposal obtaining the highest total combined technical and
financial score will be ranked as H-1 followed by the proposals securing lesser marks as H2,
H3, etc. The bidder securing the highest combined marks will be considered for award of the
contract.

Raunaq Jaisinghani
Invest India,
Address for correspondence:
21. First Floor, Vigyan Bhawan Annexe, Maulana Azad Road,
New Delhi – 110 001
T: +91 11 23048250 (D), M: +91 9205192101
E: [email protected]
The financial proposals of those bidders that do not meet the
Return of unopened minimum qualifying criteria or considered non-responsive to
22.
financial proposals the RFP shall be returned within 30 days of the completion of
technical evaluation process.

The financial bid is to be submitted as per Financial Bid

Proposal Sheet, Form Fin 2.

23. Terms of Payment The terms of payments are as below:

i. Payment (basic cost) shall be reimbursed to agency on

the presentation of claims which shall be duly supported
with receipt/ bills of the vendor to whom agency

Page 32 of 87
 has made payment. TDS deduction shall be made at
the prescribed rates.

ii. Bills so presented by agency shall be subject to

verification by independent auditors appointed by
Invest India. Every effort will be made by Invest India
for expeditious settlement of bills.

iii. Invest India shall not make any advance payment of

management fee payable to Event Manager
iv. Management fee shall be paid only after the submission/
settlement of the final claim in respect of basic cost
or after the final settlement of all the claims of
the vendors appointed/engaged by agency and also after
the certification of agency that no claim whatsoever is
pending against Invest India

Commencement of
24. On the date and at the location specified in the LOA/Contract
assignment:

Bidders should provide a detailed event plan and timeline of

25. Expected Timelines:
events

Page 33 of 87
SECTION 3: TECHNICAL PROPOSAL- STANDARD FORMS

Page 34 of 87
 (On Bidder’s Letterhead)

Form Tech 1A: Letter of Proposal Submission

[Location, Date]
To

Invest India,

First Floor, Vigyan Bhawan Annexe,

Maulana Azad Road,

New Delhi – 110 001

Dear Sir

We, the undersigned, offer to provide the complete solutions for Selection of an agency for
“Executing the Startup India Global Venture Capital Summit 2019”. In accordance with your
Request for Proposal dated [06th September’19]. We are hereby submitting our proposal, which
includes this Technical Proposal, and the Financial Proposal as indicated in clause 10 and 11 of
Section 2 sealed under a separate envelope.

We undertake the total responsibility for performance of the contract, if awarded to us.

We hereby declare that all the information and statements made in this proposal are true and accept
that any misrepresentation contained in it may lead to our disqualification.

We understand that Invest India is not bound to accept any proposal it receives.

Yours faithfully,
*Authorized Signatory [In full and Designation]:
Name and Title of Signatory:
Name of Bidder:
Address:
* NB: Authorization in form of power of Attorney is required on a non-judicial Stamp Paper.

Page 35 of 87
Form Tech 1B: Bidder’s Authorization Certificate

To

Invest India,

First Floor, Vigyan Bhawan Annexe,

Maulana Azad Road,

New Delhi – 110 001

<Bidder’s Name> __________________________, <Designation> ______________ is

hereby authorized to sign relevant documents on behalf of the Agency in dealing with proposal of
Selection of an Agency for executing the Startup India Global Venture Capital Summit 2019,
reference <Reference No. & Date> ____________________. He is also authorized to attend
meetings and submit technical & financial information as may be required by you in the course of
processing above said proposal.

Thanking you,

Authorized Signatory.
_________________________

<Agency Name>

Seal

Page 36 of 87
Form Tech 1B: Bidder Details and Checklist

1 Agency Information Details

1.1 Agency Name

1.2 Details

Address

Phone number

Email

Fax

Website

1.3 Contact Person: Chief Executive/

Head of Operations

Name

Designation

Mobile Number

Email

Fax

1.4 Contact Person: Project Leader

Name

Designation

Mobile Number

Email

Fax

Page 37 of 87
 2 Pre-Qualification Criteria and Supporting Documents Compliance
X/√
2.1 Is your organization registered and has been in operation for at least
two years?

Attach Incorporation/ Registration Certificate or any other supporting

document.

2.3 Do you have a dedicated manpower size of at least 30 people for

undertaking the creative projects?

Self-certification.

2.4 Have you successfully completed at least 1 similar project initiative

over the last 2 years having a minimum project cost of at least INR One
Crore?

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

assignments or any other supporting document.

2.5 Have you attached the INR 10,00,000 Demand Draft/ bank guarantee
for EMD?

Documentary proof is essential without which the proposal will be rejected. Technical and
Financial evaluation will be done only for the bidders satisfying the above criteria.

Page 38 of 87
TECH FORM NAME X/√ Mention list of all
supporting documents
FORMS
attached (if any)

TECH-1 Letter of proposal submission

Bidder’s organization and experience

TECH-2
(A). Bidder’s organization

(B). Bidder’s experience

TECH-3 Comments or suggestions on the Terms of

Reference

TECH-4 Description of the approach, methodology

and work plan for performing the
assignment/ job

TECH-5 Work Schedule

TECH-6 Team composition and task assignments/

jobs

(A). Summary of project team / team

composition

(B). Curriculum Vitae (CV) for proposed

professional staff

TECH-7 Comments/ modifications suggested on

Draft Contract

TECH-8 Information regarding conflicting activities

and wrong declaration thereof

Page 39 of 87
Form Tech 2: Bidder’s Organization and Experience

(A) - Bidder’s Organization

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

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

(B) - Bidder’s Experience

Using the format below, provide information on each assignment/job for which your agency, had
legally contracted either individually as a corporate entity or as one of the major partners within
an association, for carrying out assignment/job similar to the ones requested under this
assignment/job (exact assignment / job details may be submitted).

Page 40 of 87
Agency’s name: ____________________________________

Assignment Name: Country:

Location within Country: Key professional staff Provided by Your

Firm / entity(profiles):

Name of Client: No. of Staff:

Address: No. of Staff-Months; duration of

assignment:

Start Date Completion Date Approx. Value of Services (in INR):

(Month/Year): (Month/Year):

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

provided by Associated Consultants:

Name of Senior Staff (Project Director/Coordinator, Team Leader) involved and functions
performed:

Narrative Description of Project:

Description of Actual Services Provided by Your Staff:

Note: Please provide documentary evidence i.e. copy of work order, Contract for each of above
mentioned assignment. The experience shall not be considered for evaluation, if such
requisite support documents are not provided with the Proposal

Page 41 of 87
Form Tech 3: Comments and Suggestions on the understanding of the Terms of Reference

On the Terms of Reference

Suggest and justify here any modifications or improvement to the Terms of Reference you are
proposing to improve performance in carrying out the assignment/job (such as deleting some
activity you consider unnecessary, or adding another, or proposing a different phasing of the
activities). Such suggestions should be concise and to the point, and incorporated in your
Proposal inter-alia indicating the charges/ amounts for proposed additions/ deletions.

However, Invest India is not bound to accept any/all suggestions proposed and may reject any
such suggestion.

Page 42 of 87
Form Tech 4: Description of Approach, Methodology and Work Plan for Performing the
Assignment/ Job

[Technical approach, methodology and work plan are key components of the Technical
Proposal].

You are suggested to present your Technical Proposal divided into the following three chapters:

a). Technical Approach and Methodology,

b). Work Plan, and

c). Organization and Staffing

a). Technical Approach and Methodology: In this you should explain your understanding of
the objectives of the assignment/ job, approach to the assignment/job, methodology for
carrying out the activities and obtaining the expected output, and the degree of detail of such
output. You should highlight the problems being addressed and their importance and explain
the technical approach you would adopt to address them. You should also explain the
methodologies you propose to adopt and highlight the compatibility of those methodologies
with the proposed approach.

b). Work Plan: The Bidder should propose and justify the main activities of the assignment/
job, their content and duration, phasing and interrelations, milestones (including interim
approvals by Invest India, if any), and delivery dates of the deliverables. The proposed work
plan should be consistent with the technical approach and methodology, showing
understanding of the TOR and ability to translate them into a feasible working plan. A list of
the final deliverables should be included here. The work plan should be consistent with the
Work Schedule of Form TECH-5.

c). Organization and Staffing: The Bidder should propose and justify the structure and
composition of the team. Bidder should list the main disciplines of the assignment/ job, the
key expert responsible, and proposed technical and support staff.

Page 43 of 87
Form Tech 5: Work Schedule

Implementation Schedule –Indicative (The work schedule proposed should be in consonance with Form TECH 4.)

S. Months2
Activity1
No. 1 2 3
1
2
3
4
5
..
..
..
..
..
n
1
Indicate all main activities of the assignment, including delivery of creatives (e.g.: pictures, videos, training, etc.), and other
benchmarks such as client approvals. For phased assignments indicate activities, delivery of reports, and benchmarks separately for
each phase.
2
Duration of activities shall be indicated in the form of a bar chart.

Page 44 of 87
Form Tech 6: Team Composition and Task Assignment/ Jobs
(A) - Summary of Project Team / Team Composition

1). Technical/ Managerial Staff

It is mandatory, 75% of the workforce onboarded for this project should have an experience of at least 2 years
Duration of Role Nature of Tasks which will be
S. No Name Position
Engagement Description Performed by him/ her

Page 45 of 87
2. Support Staff

Duration of Role Nature of Tasks which will be

S. No Name Position
Engagement Description Performed by him/ her

Page 46 of 87
(B) - Format of Curriculum Vitae (CV) For Proposed Key professional staff

1. Proposed Position [i.e., team leader, team members, etc.]:

2. Name of Firm [Insert name of firm proposing the staff]:

3. Name of Staff [Insert full name]:

4. Date of Birth: Nationality:

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

giving names of institutions, degrees obtained, and dates of obtainment]:

6. Membership of Professional Associations:

7. Other Training [Indicate significant training since degrees under 5 - Education were
obtained]:

8. Employment Record [Starting with present position, list in reverse order every employment
held by staff member since graduation, giving for each employment (see format here below):
dates of employment, name of employing organization, positions held.]:
From [Year]: To [Year]:

Employer:

Positions held:

Page 47 of 87
9. Detailed Tasks Assigned 11. Work Undertaken that Best Illustrates Capability to
Handle the Tasks Assigned

[Among the assignments in which the staff has been involved,

indicate the following information for those assignments that
[List all tasks to be best illustrate staff capability to handle the tasks listed under

performed under this point 11.]

assignment]
Name of assignment or project:

Year:

Location:

Client:

Main project features:

Positions held:

Activities performed:

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

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

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

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

Full name of staff member: _______________________________________________

Page 48 of 87
Full name of authorized representative: _____________________________________

Form Tech 7: Comments/ Modifications Suggested on Draft Contract

Here the Bidder shall mention any suggestion / views on the draft Contract attached with the
RFP document. The Bidder may also mention here any modifications sought by him in the
provisions of the draft Contract indicating the changes claimed for such modifications. This
information shall be used for evaluation and at the time of the contract signing.

However, Invest India is not bound to accept any/all modifications sought and may reject any
such request of modification.

Page 49 of 87
Form Tech 8: Information regarding Conflicting Activities and Wrong Declaration thereof

Are there any activities carried out by your Agency which are of conflicting nature? If yes,
please furnish details of any such activities. If no, please certify as under:

We hereby declare that our Agency, our associate / group Agency are not indulged in any such
activities which can be termed as the conflicting activities. We also acknowledge that in case of
misrepresentation of the information, our proposals / Contract shall be rejected / terminated by
Invest India without any compensation which decision shall be binding on us.

Authorized Signature [In full and initials]:

Name and Title of Signatory:

Name of Agency:

Address:

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SECTION 4: FINANCIAL PROPOSAL- STANDARD FORMS

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Form Fin 1: Financial Proposal Submission Form

[Location, Date]

To: Invest India,

Dear Sir

We, the undersigned, offer to provide the Assignment/job for [Selection of an agency for executing
the Startup India Global Venture Capital Summit 2019]. In accordance with your Request for
Proposal dated [06th September 2019] and our Technical Proposal. Our attached Financial
Proposals (in one sealed envelope) is for the sum of [Insert amount(s) in words and figures]. This
amount is inclusive of all taxes. We hereby confirm that the financial proposals are unconditional,
and we acknowledge that any condition attached to financial proposal shall result in rejection of
our financial proposals.

Our Financial Proposals shall be binding upon us up to expiration of the validity period of the
Proposal, i.e. till ______________.

Name and Address, Amount and Purpose of Commission and Gratuity to be paid to the Agents
relating to the Proposal and Contract execution, if we are awarded the Contract are listed below

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

We remain,

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

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Form Fin 2: Lumpsum Cost as per TOR of Section 5

BID PROPOSAL SHEETS

Name of the work: Selection of an agency for executing the Startup India Global Venture
Capital Summit 2019

Quotes submitted towards providing complete solutions to Invest India, the national investment
promotion and facilitation agency for India, promoted by DPIIT, Government of India, in
accordance with the scope of work and terms & conditions mentioned under Scope of Services in
clause 5.2, Section 5.
(The amount should be inclusive of all Taxes and for the entire scope of services)

Note:
 The prices stated in the Contract shall be deemed to include all amounts payable for the
use of patents, copyrights, registered charges, trademarks and payments for any other
intellectual property rights.
 For the purpose of evaluation for Selection of Bidder, the total cost inclusive of taxes of all
the above will be considered.
 Bidder must submit their financial bid for the total scope of work.

Signature of the Authorized Signatory

Place: Name:
Date: Designation:
Name & Address of the Bidder:

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SECTION 5: TERMS OF REFERENCE

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5.1 Introduction

5.1.1 About Invest India

Invest India is the National Investment Promotion and Facilitation Agency of India and acts as
the first point of reference for investors in India.

5.1.2 Objectives

Startup India is working on various initiatives to promote investments into Indian startups. One
such initiative is the Startup India Global Venture Capital Summit, a specially curated day-long
event to showcase the diversity, scale of the Indian market opportunity and the cutting-edge
innovations, was held last year on December 07th, 2018 at Cidade De Goa Resort, Goa. Last
year, this Summit brought together over 250 participants from over 20 countries across the globe,
showcased the unparalleled VC opportunity in India, and facilitated a rich exchange of ideas on
various aspects of the Venture Capital world. This year the Summit aims to reach new heights. In
its convening power, the Summit aims to set new benchmarks with an aim to bring together a
series of engagements involving over 350 participants from across the globe including leading
Global Venture Capital Firms, family offices, Government officials, startups and Fortune 500
companies.

5.2 Scope of Work

In lieu of the above mentioned, Startup India, Invest India aims to organize the workshops in the
entire country. The country wide workshops will be divided into 5 categories.

A. About
Startup India is working on various initiatives to promote investments into Indian startups. One
such initiative is the Startup India Global Venture Capital Summit, a specially curated day-
long event to showcase the diversity, scale of the Indian market opportunity and the cutting-
edge innovations, was held last year on December 07th, 2018 at Cidade De Goa Resort, Goa.
Last year, this Summit brought together over 250 participants from over 20 countries across
the globe, showcased the unparalleled VC opportunity in India, and facilitated a rich exchange
of ideas on various aspects of the Venture Capital world. This year the Summit aims to reach
new heights. In its convening power, the Summit aims to set new benchmarks with an aim to

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bring together a series of engagements involving over 350 participants from across the globe
including leading Global Venture Capital Firms, family offices, Government officials, startups
and Fortune 500 companies.

B. Objective/Vision
The objective is to organize a world class event in Goa with an objective to mobilize global
capital for innovation in India.

C. Program Structure
The entire program will happen on two days 06th and 07th December 2019 in Goa, India.

A) Pre-Event

 Inviting Participants and tracking response: Sending out invites to the curated list of
participants & speakers and tracking their response for RSVP

 Allocating rooms and making bookings: As per the RSVP, allocating the hotel rooms and
assigning cars for commute. Responding to the confirmed list of participants with the
necessary details

 Designing of collaterals: Designing the necessary collaterals and printing them

 Defining and executing a PR plan for event promotion

 Designing the event website and app with all the necessary details

B) At the event

 Production and Branding at the event venue, hotels and local branding

 Dedicated concierge desk at the airport to ensure smooth commute

 Set-up the venue for the event including stage design & production and necessary
arrangements for breakfast, lunch and dinner

 Dedicated concierge desk at the hotel for necessary check-ins and commute to event
venue

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 Registration desk at the event venue for the main summit

 Ensuring smooth speaker line-up

 Making necessary arrangements for innovation showcase

C) Post-Event

 Recording summary of sessions and create a detailed session report

 Create a detailed event report

 Post event marketing for the summit

 Designing necessary collaterals for post event notes to the participants

D. Tentative Agenda

Day 1- 06th December 2019

Timings Activity
05:00-06:00 Press Conference
07:30-11:30 Networking Dinner for all confirmed attendees-
invite only

Day 2- 07th December 2019

Timings Activity
09:30-10:30 Registration and Breakfast
10:30-11:30 Opening Remarks and Context setting
11:30-05:30 Panel discussions and ignite talks
07:30-11:30 Gala Dinner

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E. Target Audience/eligibility Criteria
Gathering of over 400 including:

 250 VCs, top Family Offices, LPs, GPs / Pes, Angel Networks, HNIs
 50+ Fortune 500 companies and Corporates venture capital funds
 50 startups
 Domestic: Speakers and shortlisted
 Global: Invite only
 30 policy makers
 30 organizers

F. Targeted Outcomes
With the second edition of the Goa VC Summit, we aim to achieve the following:
 Showcasing innovation & technology development in India to the Global players
 On-shoring the offshore pool of funds
 Mobilising the domestic capital to fund startups
 Startup - VC match making and direct funding opportunity

G. Roles and Responsibilities

a) Execution Partner
a) End-to-end execution of the Summit
a. Logistics required for conducting the Global VC Summit
i. RSVP
ii. Flight & hotel bookings
iii. Advanced help desk and help desk at the event venue, hotel and airport
iv. Arrangements at registration desk/ stall counters/ pavilion area
v. Overall branding and décor
vi. End to end Stage set-up along with flower and audio / visual
arrangement at the venue
vii. Seating arrangement and production & development of delegate passes
viii. Organising conferences/ speaker sessions/ roundtables
ix. Organising breakfast, lunch, dinner and other cultural events
x. Food & beverages arrangements
xi. Awards and certificates for the attendees
xii. Production of Delegate kits for all the attendees
b. Marketing and Promoting the event
c. Creating strategies for online Promotion and Marketing through Invest India’s
Social Media Channels
d. Creating social media and innovation wall

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 e. Designing and creating the Innovation zone for startup showcase

b) Technical Support
This would include the following:
a. Creation of Website / microsite for the event
b. Mobile App
c. Utilise these platforms for attendee login/ logouts, bookings along with event
updates

c) Designing and Printing Collaterals

This will include following:
a. Standees
b. Backdrops
c. Awards
d. Certificates
e. Banners
f. Invites
g. Agenda
h. Posters
i. Brochures

d) Outreach and Marketing Campaign

The agency will have to create and follow a proper marketing and outreach campaign
for the entire event. This will include:
a. Digital creatives promoting the summit
b. Live streaming of the event
c. Press releases- pre and post event
d. Digital marketing across social media platforms
e. Live streaming of the event
f. Creating short videos and bytes at the event

e) Documenting the event

Post every conference/ session, a video documentary needs to be created to show case
the event journey.

f) Media Management
a. Creation of designated media center
b. Passes for Media Personnel
c. Preparation of Press Dockets and Press Kits
d. Inside venue arrangement for media coverage

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 e. F&B arrangements for the press

g) Maintenance and Security

The Agency shall be responsible for maintenance of the provided area/venue and will
keep the same clean/tidy during the occurrence of the event. The Agency would also
solely be responsible for all his staff, whether permanent or temporary, and ensure
their safety and security. Invest India will not be, under any circumstances,
responsible for this.

h) Miscellaneous
Above Scope of work is not limited to the above-mentioned activities and can be
changed as per the requirements.

b) Invest India
 Providing the necessary information to the execution partner for necessary designing
and operations
 Creating a list of invites
 Monitoring the program for achieving the defined objectives along with International
Finance Cooperation (IFC) and Indian Private Equity & Venture Capital Association
(IVCA)

H. Timeline of events

“T”- Day 0 when the contract is awarded

Deadline Activity Nature of Activity

T  Tracking of RSVPs regularly for Continuous

maximum possible participation

 Making and communicating all

booking, conveyance and event
related details to the confirmed list of
participants

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 T+3  Submitting the final Startup India Continuous
Global Venture Capital Summit logo

 Preparing detailed session summary

along with shortlisting of startups for
the innovation showcase

 Sharing detailed pre, post and event

day PR plan

T+5 Designing of all event related collaterals for Continuous

necessary approvals from Invest India

T+7 Pictures and 3-D structure of the actual Continuous

installations at the event venue

T+10 Event website to be launched with all Continuous

necessary details (must ensure event website
maintenance throughout)

T+12 Event App to be up with all necessary details Continuous

(must ensure event website maintenance
throughout)

5.4 Revisions and Enhancements

1. There should be a provision to include certain revisions to the overall concept of the
Summit. The Summit is being hosted for the second time and we intend it to be an
annual event.
2. Invest India reserves the right to modify Scope of Work/Concept. Any changes in the
costing should be mutually decided

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Selection of an agency for executing the Startup India Global Venture Capital Summit
2019

(On Non-judicial Stamp Paper)

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6.1 Form of Contract

This Contract is made at __________ (place) on the _____________ day of the month and year)
between Invest India, New Delhi - (hereinafter called Invest India of the First Party AND
_____________, having its office ______________ (hereinafter called “Agency”) of the Second
Party

WHEREAS

(a) The Agency, having represented to Invest India that it has the required professional skills,
personnel and technical resources, has offered to carry out the services in response to the Tender
Notice called ‘Request for Proposal’ dated _________ issued by Invest India;

(b) Invest India has accepted the Proposal dated ______________ submitted by the Agency to
provide the services on the terms and conditions set forth in this Contract.

NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL CONVENANTS

HEREIN CONTAINED, IT IS HEREBY AGREED between the Parties as follows:

1. The following Contract documents shall be deemed to form an integral part of this Contract:

a. Invest India General Conditions of Contract;

b. The Special Conditions of Contract;

c. The following Appendices:

i. Description of Services/ Scope of Work

ii. Reporting Requirements

iii. Total cost of Services

iv. Duties of Invest India

v. Format for Performance Bank Guarantee

d. Agency Proposal dated __________read with agreed Minutes dated _______

e. Letter of Award dated ____________ issued by Invest India

2. The mutual rights and obligations of Invest India and the Agency shall be as set forth in the
Contract, in particular:

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 a. The SCOPE OF WORK will be as per Terms of Reference of Section 5.

b. The activities and the deliverables against each activity would be as per Section 5

c. The Agency shall carry out and complete the Services within the time frame indicated in
RFP in accordance with the provisions of the Contract;

d. The consideration or Contract Price shall be INR ___________ inclusive of all taxes.

e. Invest India shall make payments to the Agency in accordance with the provisions of the
Contract.

f. Detailed terms and conditions of the Contract are contained in the Contract Documents
mentioned in Para 1 above. The same are to be read harmoniously

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

Signed by __________________
In presence of
1. For and on behalf of [Invest India]
(i)
[Authorized Representative]
(ii)
2. for and on behalf of [name of Agency]
In presence of (Witnesses)
(i)
(ii)
[Authorized Representative]

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6.2 General Conditions of Contract

6.2.1 General Provisions

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

i. Invest India is the National Investment Promotion and Facilitation Agency of India and
acts as the first point of reference for investors in India.

ii. “Applicable Law” means the laws and any other instruments having the force of law in
India.

iii. “Client” means Invest India with which the selected Agency signs the contract for the
services.

iv. “Monitoring Committee” (MC) means a Committee constituted to monitor the progress of
the assignment which may make judgment giving reasons thereafter as to which shall be
recorded in writing.

v. “Agency” means any entity that may provide or provides the Services to Invest India
under the Contract.

vi. “Contract” means the Contract signed by the Parties and all the Contract documents listed
in its Clause 1 of the Contract.

vii. Data Sheet” means such part of the Instructions to bidders used to reflect assignment
conditions.

viii. “Day” means calendar day.

ix. “Effective Date” means the date on which this Contract comes into force.

x. “GCC” means these General Conditions of Contract.

xi. “Government” means the Government of India

xii. “Indian Currency” means Indian Rupees (INR).

xiii. “Instructions to Companies” (Section 2 of the RFP) means the document which provides
Companies with all information needed to prepare their Proposals.

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 xiv. “In writing” means communicated in written form with proof of receipt.

xv. “Liquidated Damages” herein- may be specified as “LD”.

xvi. “Local Currency” means Indian Rupees (INR).

xvii. “LOI” (Section 1 of the RFP) means the Letter of Invitation being sent by Invest India to
the shortlisted Companies.

xviii. “LOA” means the Letter of Award issued by Invest India conveying its acceptance of the
proposal of the successful Agency.

xix. “Party” means Invest India or the Agency, as the case may be, and “Parties” means both
of them.

xx. “Personnel” means professionals and support staff provided by the Companies and
assigned to perform the services or any part thereof; “Foreign Personnel” means such
professionals and support staff who at the time of being so provided had their domicile
outside the country; “Local Personnel” means such professionals and support staff who at
the time of being so provided have their domicile inside the country;

xxi. “Proposal” includes both the Technical Proposal and the Financial Proposal.

xxii. “RFP” means the Request for Proposal prepared by Invest India for the selection of
Companies.

xxiii. “Services” means the work to be performed by the Agency pursuant to the Contract.

xxiv. “Third Party” means any person or entity other than Invest India, or the Agency.

6.2.1.2 Relationship between the Parties: Nothing contained herein shall be construed as
establishing a relationship of master and servant or of principal and agent as between Invest India
and the Agency. The Agency, subject to this Contract, has complete charge of Personnel,
performing the Services and shall be fully responsible for the Services performed by them on his
behalf including salary to its employees.
6.2.1.3 Law Governing Contract: This Contract, its meaning and interpretation, and the relation
between the Parties shall be governed by the applicable laws of India.

6.2.1.4 Headings: The headings shall not limit, alter or affect the meaning of this Contract.

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6.2.1.5 Notices:

6.2.1.5.1 Any notice, request or consent required or permitted to be given or made pursuant to
this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been
given or made when delivered against acknowledgement to an authorized representative of the
Party to whom the communication is addressed, or when sent by registered post/courier to the
addresses specified below.

Agency: ____________________________________________________

Attention: ___________________________________________________

Address with Communication details: _____________________________

6.2.1.5.2 A Party may change its address for notice hereunder by giving the other Party notice in
writing of such change to the address specified below.

Agency: ____________________________________________________

Attention: ___________________________________________________

Address with Communication details: _____________________________

6.2.1.6 Location: The Services shall be performed at such locations as indicated in the TOR/LOA
and, where the location of a task is not so specified, at such locations, as Invest India may notify
in writing.

6.2.1.7 Authorized Representatives: Any action required or permitted to be taken, and any
document required or permitted to be executed under this Contract or any amendment thereof by
Invest India or the Agency may be taken or executed by the officials specified below.

Agency: ____________________________________________________

Attention: ___________________________________________________

Address with Communication details: _____________________________

The Agency shall issue Power of Attorney in favor of its Authorized Representative.

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

6.2.1.9 Fraud and Corruption

6.2.1.9.1 Definitions: It is Invest India’s policy to require that Invest India as well as Companies
observe the highest standard of ethics during the execution of the Contract. In pursuance of this
policy, Invest India defines, for this provision, the terms set forth as follows:

i. “corrupt practice” means the offering, receiving, or soliciting, directly or indirectly, of any
thing of value (whether in cash or kind) to influence the action of a public official in the
selection process or in Contract execution;

ii. “fraudulent practice” means a misrepresentation or omission of facts in order to influence

a selection process or the execution of a Contract;

iii. “collusive practices” means a scheme or arrangement between two or more Companies,
with or without the knowledge of Invest India, designed to establish prices at artificial,
noncompetitive levels;

iv. “coercive practices” means harming or threatening to harm, directly or indirectly, persons
or their property to influence their participation in a procurement process, or affect the
execution of a Contract.

6.2.1.9.2 Measures to be taken by Invest India

i. Invest India may terminate the Contract if it comes to know at any point of time that
representatives of the Agency were engaged in corrupt, fraudulent, collusive or coercive
practices during the selection process or the execution of the Contract, without the Agency
having taken timely and appropriate action satisfactory to Invest India to remedy the
situation after receipt of Notice.

ii. Invest India after issue of Show Cause Notice to Agency may also sanction against the
Agency, declaring the Agency ineligible, either indefinitely or for a stipulated period of
time, to be awarded a Contract, if it at any point of time comes to know that the Agency
has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive
practices in competing for, or in executing, any Invest India -financed Contract.

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6.2.2 Commencement, Completion, Modification and Termination of Contract

6.2.2.1 Effectiveness of Contract: This Contract shall come into force and effect on the date of
acceptance of LOA or signing of the Contract or any future date as specifically stated in the
Contract.

6.2.2.2 Unless otherwise terminated under the provisions of any other relevant clauses, this
contract shall be deemed to have been completed on completion of the scope of work, deliverables
and submission of all the reports and release of final payments.

6.2.2.3 Entire Agreement: This Contract contains all covenants, stipulations and provisions agreed
by the Parties. No agent or representative of either Party has authority to make, and the Parties
shall not be bound by or be liable for, any other statement, representation, promise or agreement
not set forth herein.

6.2.2.4 Modifications or Variations:

(a) Any modification or variation of the terms and conditions of this Contract, including any
modification or variation of the scope of the Services, may only be made by written agreement
between the Parties. However, each Party shall give due consideration to any proposals for
modification or variation made by the other Party and cost implication thereof.

(b) In cases of substantial modifications or variations, a supplementary Agreement between Invest

India and Agency is required.

6.2.2.5 Force Majeure

6.2.2.5.1 Definition:

(a) For the purposes of this Contract, “Force Majeure” means an event which is beyond the
reasonable control of a Party, is not foreseeable, is unavoidable and not brought about by or at the
instance of the Party claiming to be affected by such events and which has caused the non-
performance or delay in performance, and which makes a Party’s performance of its obligations
hereunder impossible or so impractical as reasonably to be considered impossible in the
circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire,
explosion, storm, flood or other extreme adverse weather conditions, strikes, lockouts or other
industrial action (except where such strikes, lockouts or other industrial action are within the power

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of the Party invoking Force Majeure to prevent), confiscation or any other action by Government
Companies.

(b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional
action of a Party or by or of such Party’s agents or employees, nor (ii) any event which a diligent
Party could reasonably have been expected both to take into account at the time of the signing of
the Contract, and avoid or overcome with utmost persistent effort in the carrying out of its
obligations hereunder.

(c) Force Majeure shall not include insufficiency of funds or manpower or inability to make any
payment required for execution of services under this Contract.

6.2.2.5.2 No Breach of Contract: The failure of a Party to fulfill any of its obligations hereunder
shall not be considered to be a breach of, or default under, this Contract insofar as such inability
arises from an event of Force Majeure, provided that the Party affected by such an event has taken
all possible precautions, due care and all Measures, with the objective of carrying out the terms
and conditions of this Contract.

6.2.2.5.3 Measures to be taken:

(a) A Party affected by an event of Force Majeure shall continue to perform its obligations under
the Contract as far as is reasonably practical, and shall take all reasonable measures to minimize
the consequences of any event of Force Majeure.

(b) A Party affected by an event of Force Majeure shall notify the other Party of such event as soon
as possible, and in any case not later than fourteen (14) days following the occurrence of such
event, providing sufficient and satisfactory evidence of the nature and cause of such event, and
shall similarly give written notice of the restoration of normal conditions as soon as possible.

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

(d) During the period of their inability to perform the Services as a result of an event of Force
Majeure, the Agency, upon instructions by Invest India, shall either: (i) Demobilize or (ii)
continue with the Services to the extent possible, in which case Invest India on being satisfied

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shall continue to pay proportionately to the Agency and on pro-rata basis, under the terms of this
Contract.

(e) In the case of disagreement between the Parties as to the existence or extent of Force Majeure,
the matter shall be settled according to Clause 6.2.9 hereunder.

6.2.2.6 Suspension: Invest India may, by written notice of suspension to the Agency, suspend all
payments to the Agency hereunder if the Agency fails to perform any of its obligations under this
Contract, including the carrying out of the Services, provided that such notice of suspension (i)
shall specify the nature of the failure, and (ii) shall allow the Agency to remedy such failure, if
capable of being remedied, within a period not exceeding thirty (30) days after receipt by the
Agency of such notice of suspension.

6.2.2.7 Termination:

6.2.2.7.1 By Invest India: Invest India may terminate this Contract in case of the occurrence of
any of the events specified in paragraphs (a) through (h) of this Clause.

(a) If the Agency fails to remedy a failure in the performance of its obligations hereunder, as
specified in a notice of issued by Invest India, within thirty (30) days of receipt of such notice or
within such further period as Invest India may have subsequently approved in writing.

(b) If the Agency becomes insolvent or goes into compulsory liquidation.

(c) If the Agency, in the judgment of Invest India, has engaged in corrupt or fraudulent practices
in competing for or in executing this Contract.

(d) If the Agency submits to Invest India a false statement which has a material effect on the
rights, obligations or interests of Invest India.

(e) If the Agency places itself in position of conflict of interest or fails to disclose promptly any
conflict of interest to Invest India.

(f) If the Agency fails to provide the quality services as envisaged under this Contract. The
Monitoring Committee (CMC) formulated to monitor the progress of the assignment may make
judgment regarding the poor quality of services, the reasons for which shall be recorded in writing.
The CMC may decide to give one chance to the Agency to improve the quality of the services.

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(g) If, as the result of Force Majeure, the Agency is unable to perform a material portion of the
Services for a period of not less than sixty (60) days.

(h) If Invest India, in its sole discretion and for any reason whatsoever, decides to terminate this
Contract.

In such an occurrence Invest India shall give a not less than thirty (30) days’ written advance
notice before terminating the Contract of Companies, and sixty (60) days’ in case of the event
referred to in (h) and 100 (hundred) days in case it does not pay the Award amount as per Award
against it passed by arbitration.

6.2.2.7.2 By the Agency: The Agency may terminate this Contract, by not less than thirty (30) days’
written notice to Invest India, in case of the occurrence of any of the events specified in paragraphs
(a) and (b) of this Clause 6.2.2.7.2.

(a) If Invest India fails to pay any money due to the Agency pursuant to this Contract and not
subject to dispute pursuant to Clause 6.2.9 hereof within forty-five (45) days after receiving written
notice from the Agency that such payment is overdue.

(b) If, as the result of Force Majeure, the Agency is unable to perform a material portion of the
Services for a period of not less than sixty (60) days.

(c) If Invest India fails to comply with any final decision reached as a result of Arbitration
pursuant to Clause 8 hereof.

(d) If Invest India is in material breach of its obligations pursuant to this Contract and has not
remedied the same within forty-five (45) days (or such longer period as the Agency may have
subsequently approved in writing) following the receipt by Invest India of the Agency’s notice
specifying such breach.

6.2.2.7.3 Cessation of Rights and Obligations: Upon termination of this Contract pursuant to
Clauses 6.2.2.7 hereof, or upon expiration of this Contract, all rights and obligations of the Parties
hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of
termination or expiration, (ii) the obligation of confidentiality set forth in Clause 6.2.3.3 hereof,
(iii) the Agency’s obligation to pay Damages or Liquidated Damages permit inspection, copying
and auditing of their accounts and records as set forth in Clause 6.2.3.5 hereof, and (iv) any right
which a Party may have under the Law.

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6.2.2.7.4 Cessation of Services: Upon termination of this Contract by notice of either Party to the
other pursuant to Clauses 6.2.2.7.1 or 6.2.2.7.2 hereof, the Agency shall, immediately upon
dispatch or receipt of such notice, take all necessary steps to bring the Services to a close and
vacate the premises of Invest India in a prompt and orderly manner. With respect to documents
prepared by the Agency and equipment and materials furnished by Invest India, the Agency shall
proceed as provided, respectively.

6.2.2.7.5 Payment upon Termination: Upon termination of this Contract pursuant to Clauses
6.2.2.7.1 or 6.2.2.7.2 hereof, Invest India shall make the following payments to the Agency:

(a) If the agreement is terminated pursuant of Clause 6.2.2.7.1 (a) to (f), the Agency shall not be
entitled to receive any agreed payments upon termination of the Contract. However, Invest India
may consider making payment for the part satisfactorily performed on the basis of Quantum Merit
as assessed by it, if such part is of economic utility to Invest India. Under such circumstances,
upon termination, Invest India may also impose liquidated damages as per the provisions of
Clause 9 hereof. The Agency will be required to pay any such liquidated damages and
compensation as permissible under Contract Act to Invest India within Thirty (30) days of
termination date.

(b) In the event of termination under 6.2.2.7.1 (g & h), the payment schedule as specified in this
contract shall not apply and the costs of work delivered by Agency and the cost of demobilization
of Agency teams will be mutually decided and paid by Invest India to Agency.

6.2.2.7.6 Disputes about Events of Termination: If either Party disputes whether an event specified
in paragraphs (a) through (h) of Clause 6.2.2.7.1 or in Clause 6.2.2.7.2 hereof has occurred, such
Party may, if it chosen within forty-five (45) days after receipt of notice of termination from the
other Party, may seek settlement under Clause 6.2.9 hereof.

6.2.3 Obligations of the Agency

6.2.3.1 Standard of Performance: The Agency shall perform the Services and carry out their
obligations hereunder with all due diligence, efficiency and economy, in accordance with generally
accepted professional standards and practices, and shall observe sound management practices, and
employ appropriate technology and safe and effective equipment, machinery, materials and
methods. The Agency shall always act, in respect of any matter relating to this Contract or to the

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Services, as faithful adviser to Invest India, and shall at all times support and safeguard Invest
India’s legitimate interests in its dealings.

6.2.3.2 Conflict of Interests: The Agency shall hold Invest India’s interests paramount, without
any consideration for future work, and strictly avoid conflict of interest with other assignments or
their own corporate interests. If during the period of this Contract, a conflict of interest arises for
any reasons, the Agency shall promptly disclose the same to Invest India and seek its instructions
for compliance.

6.2.3.2.1 Prohibition of Conflicting Activities: The Agency shall not engage, and shall cause their
Personnel not to engage, either directly or indirectly, in any business or professional activities that
would conflict with the activities assigned to them under this Contract.

6.2.3.3 Confidentiality: Except with the prior written consent of Invest India, the Agency and the
Personnel shall not at any time communicate to any person or entity any confidential information
acquired in the course of the Services, nor shall the Agency and its Personnel make public the
recommendations formulated in the course of, award of Contract and its execution.

6.2.3.4 Statutory requirements by the Agency: The Agency is liable to extend the benefits as
provided under the various statutory and labour laws and other relevant applicable laws.

6.2.3.5 Agency’s actions requiring Invest India’s prior approval: The Agency shall obtain Invest
India’s prior approval in writing before making any change or addition to the Personnel listed in
Appendix C.

6.2.3.6 Reporting Obligations: The Agency shall submit to Invest India the reports and
documents (agreed to be submitted between Invest India and Agency) hereto, in the form, in the
numbers and within the time periods mutually agreed.

6.2.3.7 Publications, Reports and Documents Prepared by the Agency to be the Property of
Invest India: All publications and reports, database and other documents prepared by the Agency
for Invest India under this Contract shall become and remain the property of Invest India, and
the Agency shall, not later than upon termination or expiration of this Contract, deliver all such
reports and documents to Invest India, together with a detailed inventory thereof. The Agency
may retain a copy of such reports and documents, but shall not use anywhere, without taking
permission, in writing, from Invest India and Invest India reserves right to grant or deny any
such request. If license agreements are necessary or appropriate between the Agency and third
Parties for purposes of development of any such reports, the Agency shall obtain Invest India’s

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prior written approval to such agreements, and Invest India shall be entitled at its discretion to
require recovering the expenses related to the development of the report(s) concerned.

6.2.3.8 The Agency will have to hand over the complete infrastructure in all respect at least one
day prior to the event for necessary Security Clearances as per the necessary requirement. Any
modification suggested by Security agencies should be strictly adhered to and the same will have
to be carried out by the agency at no additional cost.

6.2.3.9 Guarantee/ Warranty: The supplied equipment should be guaranteed Onsite (in situ)
against any defect for a period of event. In case any part or whole of the equipment is found to be
defective and any service is found to be not up to mark during the event, then the same will have
to be replaced/repaired free of cost at the premises.

6.2.3.10 The Agency shall have to take any and all permissions and clearance related to fire,
safety, security etc from concern authorities and maintain highest standard.

6.2.3.11 The responsibility of safety and security of the material of the agency / bidder at the
exhibition site will rest entirely on them. Ministry /Invest India will not be responsible for any
loss or damage to the items.

6.2.3.12 Agency should give back the venue is same form and shape as given to it, failing with
necessary changes to restore it back may be deducted from the agency.

6.2.3.13 Quality supervision and monitoring of work shall be done by officials of DPIIT / Invest
India and / or any other agency appointed in this regard by Invest India.

6.2.4 Companies’ Personnel

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

6.2.5 Obligations of Invest India

6.2.5.1 Assistance and Exemptions: Unless otherwise specified, Invest India shall use its best
efforts to ensure that it shall:

(a) Provide to the Agency and Personnel any such other assistance to facilitate performance of the
Contract.

6.2.5.2 Change in the Applicable Law Related to Taxes and Duties: If, after the date of this
Contract, there is any change of rate of levy under the existing applicable Laws of India with

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respect to taxes and duties, which are directly payable by the Agency for providing the services
i.e. service tax or any such other applicable tax from time to time, which increase or decreases the
cost incurred by the Agency in performing the Services, then the remuneration and reimbursable
expense otherwise payable to the Agency under this Contract shall be increased or decreased
accordingly by correspondence between the Parties hereto, and corresponding adjustments shall
be made to the ceiling amounts specified in Clause 6.2.6.1. However, in case of any new or fresh
tax or levy imposed after submission of the Proposal the Agency shall be entitled to reimbursement
on submission of proof of payment of such Tax or Levy.

6.2.5.3 Payment: In consideration of the Services performed by the Agency under this Contract,
Invest India shall make to the Agency such payments and in such manner as is provided by Clause
6 of this Contract.

6.2.5.4 The other duties of Invest India, if any, shall be as mutually agreed between Invest India
and the Agency

6.2.6 Payments to the Agency

6.2.6.1 Total Cost of the Services:

(a) The total cost of the Services payable as per the Agency’s proposal to Invest India shall be
(INR) ____________________.

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

(c) Except as may be otherwise agreed under Clause 6.2.2.4 and subject to Clause 6.2.6.1(c),
payments under this Contract shall not exceed the amount specified in the contract.

(d) Notwithstanding Clause 6.2.6.1(b) hereof, if pursuant to Clause 6.2.5.2 hereof, the Parties shall
agree that additional payments shall be made to the Agency in order to cover any necessary
additional expenditures not envisaged in the cost estimates referred to in Clause 6.2.6.1(a) above,
the ceiling or ceilings, as the case may be, set forth in Clause 6.2.6.1(b) above shall be increased
by the amount or amounts, as the case may be, of any such additional payments.

6.2.6.2 Currency of Payment: All payments shall be made in Indian Rupees.

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6.2.6.3 Terms of Payment: The payments in respect of the Services shall be made as follows
(Please refer to the detailed Terms of Payment at the end of this Section):

(a) The Agency shall submit the invoice for payment when the payment is due as per the agreed
terms. The payment shall be released as per the work related milestones achieved.

(b) Once a milestone is completed, the Agency shall submit the requisite deliverables as specified
in this Contract and such invoice (in triplicate) which falls due as per schedule of payment. Invest
India shall release the requisite payment upon acceptance of the deliverables. However, if Invest
India fails to intimate acceptance of the deliverables or its objections thereto, within Thirty (30)
days of receipt of it, Invest India shall release the payment to the Agency without further delay.

(c) Final Payment: The final payment shall be made only after the final deliverable and a final
statement, identified as deliverable, shall have been submitted by the Agency and approved as
satisfactory by Invest India. The Services shall be deemed completed and finally accepted by
Invest India and the final deliverable and final statement shall be deemed approved by Invest
India as satisfactory after ninety (90) calendar days after receipt of the final deliverable and final
statement by Invest India, if within such ninety (90) day period, Invest India does not give written
notice to the Agency specifying in detail deficiencies in the Services specified, the final deliverable
or final statement. The Agency shall thereupon promptly make all necessary corrections, and
thereafter the foregoing process shall be repeated. Any extra amount, which Invest India has paid
or caused to be paid in accordance with this Clause in excess of the amounts actually payable in
accordance with the provisions of this Contract, shall be reimbursed by the Agency to Invest India
within thirty (30) days after receipt by the Agency of notice thereof. Any such claim by Invest
India for reimbursement must be made within two (2) calendar months after receipt by Agency of
a final deliverable and a final statement approved by Invest India in accordance with the above.

(d) For the purpose of payment under Clause 6.2.6.3 (b) above, acceptance means; acceptance of
the deliverables by Invest India after submission by the Agency and the Agency has made
presentation to Invest India (Mention this if presentation is required) with / without modifications
to be communicated in writing by Invest India to the Agency.

(e) If the deliverables submitted by the Agency are not acceptable to Invest India, reasons for
such non-acceptance should be recorded in writing; Invest India shall not release the payment due
to the Agency. This is without prejudice Invest India’s right to levy any liquidated damages under

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clause 6.2.10. In such case, the payment will be released to the Agency only after it re-submits the
deliverable and which is accepted by Invest India.

(f) All payments under this Contract shall be made to the bank account of the Agency. Payment
may be made using RTGS/ECS. Hence, Agency should provide all details in this regard.

(g) With the exception of the final payment under (c) above, payments made to Agency do not
constitute acceptance of the Services nor relieve the Agency of any obligations hereunder, unless
the acceptance has been communicated by Invest India to the Agency in writing and the Agency
has made necessary changes as per the comments / suggestions of Invest India communicated to
the Agency.

(h) In case of earlier termination of the Contract, the payment shall be made to the Agency as
mentioned here with: (i) Assessment should be made about work done from the previous
milestone, for which the payment is made or to be made till the date of the termination. The Agency
shall provide the details of persons reasonably worked during this period with supporting
documents. Invest India shall be entitled to adjust/ recover Damages/ Compensation and
Liquidated Damages due under the Contract.

6.2.7 Deductions

All payments to the Agency shall be subject to the deductions of tax at source under the relevant
provisions of the Income Tax Act, and other taxes and deductions as provided for under any law,
rule or regulation. All costs, damages or expenses which Invest India may have paid or incurred,
for which under the provisions of the Contract, the bidder is liable, the same shall be deducted by
Invest India from any dues to the Agency.

6.2.8 Fairness and Good Faith

6.2.8.1 Good Faith: The Parties undertake to act in good faith with respect to each other’s rights
under this Contract and to adopt all reasonable measures to ensure the realization of the objectives
of this Contract.

6.2.8.2 Operation of the Contract: The Parties recognize that it is impractical in this Contract to
provide for every contingency which may arise during the life of the Contract, and the Parties

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hereby agree that it is their intention that this Contract shall operate fairly as between them, and
without detriment to the interest of either of them, and that, if during the term of this Contract
either Party believes that this Contract is operating unfairly, the Parties will make their best efforts
to agree on such action as may be necessary to remove the cause or causes of such non-fairness,
but no failure to agree on any action pursuant to this Clause may give rise to a dispute subject to
Arbitration in accordance with Clause 6.2.9 hereof.

6.2.9 Settlement of Disputes

6.2.9.1 Amicable Settlement: Performance of the Contract is governed by the terms & conditions
of the Contract, in case of dispute arises between the Parties regarding any matter under the
Contract, either Party of the Contract may send a written Notice of Dispute to the other Party. The
Party receiving the Notice of Dispute will consider the Notice and respond to it in writing within
Thirty (30) days after receipt. If that Party fails to respond within Thirty (30) days, or the dispute
cannot be amicably settled within Sixty (60) days following the response of that Party, clause 8.2
shall become applicable.

6.2.9.2 Arbitration: In the case of dispute arising upon or in relation to or in connection with the
Contract between Invest India and the Agency, which has not been settled amicably under the
provisions of the above clause 6.2.9.1, any Party can refer the dispute for Arbitration under (Indian)
Arbitration and Conciliation Act, 1996. Such disputes shall be referred to an Arbitral Tribunal
consisting of 3 (three) arbitrators, one each to be appointed by Invest India and the Agency
(Nominee Arbitrator), the third arbitrator shall be chosen by the two arbitrators so appointed by
the Parties which shall act as the Presiding Arbitrator. In case of failure of any Party(s) in
appointing Nominee Arbitrator within a period of Thirty (30) days from receipt of notice of
invocation of arbitration/receipt of request of nomination of arbitration, the said appointment shall
be made by either Department of Industrial Policy and Promotion, Ministry of Commerce and
Industries or Federation of Indian Chamber of Commerce and Industry (FICCI) or Indian Council
of Arbitration (ICA). The third arbitrator shall be appointed by the two arbitrators so appointed
by the Parties which shall act as Presiding Arbitrator. In case of failure of the two arbitrators,
appointed by the Parties to reach a consensus regarding the appointment of the third arbitrator
within a period of Thirty (30) days from the date of appointment of the two arbitrators, the
Presiding arbitrator shall be appointed by either Department of Industrial Policy and Promotion,

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Ministry of Commerce and Industries or Federation of Indian Chamber of Commerce and Industry
(FICCI) or Indian Council of Arbitration (ICA). The Arbitration and Conciliation Act, 1996 and
any statutory modification or re-enactment thereof, shall apply to these Arbitration proceedings.

6.2.9.3 Arbitration proceedings shall be held in India at New Delhi and the language of the
Arbitration proceedings and that of all documents and communications between the Parties shall
be English.

6.2.9.4 The decision of the majority of arbitrators shall be final and binding upon both Parties. The
expenses of the arbitrators as determined by the arbitrators shall be shared equally by Invest India
and the Agency. However, the expenses incurred by each Party in connection with the preparation,
presentation shall be borne by the Party itself. All Arbitration awards shall be in writing and shall
state the reasons for the award.

6.2.9.5 Notwithstanding any references to arbitration, the parties shall continue to perform their
respective work/ obligation under the Contract.

6.2.10 Liquidated Damages

6.2.10.1 The Parties hereby agree that due to negligence of act of any Party, if the other Party
suffers losses, damages the quantification of which may be difficult, and hence the amount
specified hereunder shall be construed as reasonable estimate of the damages and the Parties agree
to pay such liquidated damages, as defined hereunder as per the provisions of this Contract.

6.2.10.2 The amount of liquidated damages for delay by Agency under this Contract shall not
exceed 10 % (Ten Percent) of the total value of the Contract.

6.2.10.3 The liquidated damages for delay by Agency shall be applicable under following
circumstances:

(a). If the deliverables are not submitted as per schedule, the Agency shall be liable to pay 5%
(Five Percent) of the proportional cost of the services related to that deliverable for delay of each
week or part thereof.

(b). If the deliverables are not acceptable to Invest India as mentioned in Clause 6.2.6.3 (e), and
defects are not rectified to the satisfaction of Invest India within 30 (Thirty) days of the receipt of
the notice, the Agency shall be liable for Liquidated Damages for an amount equal to 1% (One

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Percent) of proportional cost of the services related to that deliverable for every week or part
thereof for the delay.

(c). Notwithstanding anything mentioned above, the Agency shall not be made liable for any delay
due to non-availability of timely approval, timely review and timely escalation by Invest India or
its state level counterparts or any stake holders not directly attributable to the Agency.

6.2.10.4 Notwithstanding anything to the contrary contained in this agreement but subject
to the indemnifications specifically agreed to by the Agency herein, in no event shall the aggregate
liability of the Agency under this agreement exceed the total cost of services paid to the Agency.

6.2.11 Performance security

6.2.11.1 For the due performance of the program/ project in accordance with the terms and
conditions specified in the Letter of Award (LOA) the Agency shall on the day or before signing
the Contract which shall not be later than 30 (thirty) days of the issue of the Letter of Award,
furnish to Invest India a performance security in the form of an irrevocable and unconditional
Bank Guarantee for an amount equal to 10% (Ten Percent) of cost for application design,
development and implementation of the project which (Part A of the financial bid). This
performance guarantee will be released upon fulfillment of all responsibilities for completion of
application design, development and implementation and on submission of a fresh bank guarantee
for an amount equal to 10% (Ten Percent) of the cost of Maintenance of the system (Part B of the
financial bid). This fresh bank guarantee may be discharged after successful completion of the
whole Project.

6.2.11.2 The Bank Guarantee shall be in favor of Invest India, issued by the State Bank of India
or any Nationalized or scheduled Indian Bank, approved by the Reserve Bank of India and
acceptable to Invest India. The Bank Guarantee shall be in the Proforma acceptable to Invest
India.

6.2.11.3 It is expressly understood and agreed that the performance security is intended to secure
the performance of entire Contract. It is also expressly understood and agreed that the performance
security is not to be construed to cover all the damages detailed / stipulated in various clauses in
the Contract document.

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6.2.11.4 The performance Bank Guarantee shall be initially valid for six months after the scheduled
completion date. It will be discharged by Invest India and returned to the Companies not later
than 3 (three) months following the date of completion of the Agency’s obligations, under the
Contract.

6.2.11.5 Should the program/ project period, for whatever reason be extended, the Agency, shall
at his own cost, get the validity period of Bank Guarantee in respect of performance security
furnished by him extended and shall furnish the extended / revised Bank Guarantee to Invest India
before the expiry date of the Bank Guarantee originally furnished.

6.2.12 Confidentiality

6.2.12.1 Information relating to evaluation of Proposals and recommendations concerning awards

shall not be disclosed to the Companies who submitted the Proposals or to other persons not
officially concerned with the process. The undue use by any Agency of confidential information
related to the process may result in the rejection of its Proposal and may be subject to the provisions
of the Invest India’s antifraud and corruption policy.

6.2.13 Taxes

6.2.13.1 The Agency shall include all local taxes and duties on amounts payable by the Agency
under the Contract. All taxes including Service Tax, duties and other impositions as applicable in
India shall be included in the Financial Proposals.

6.2.13.2 The Financial Proposal should include all commercial prices inclusive of all the taxes,
duties and levies, etc. applicable at the time of submission of Proposals.

6.2.14 Contract Price

6.2.14.1 The financial bid is invited in 2 parts (PART A and PART B). The Contract Price is the
total bid value i.e. combined value of both PART A and PART B.

6.2.14.2 Contract price shall remain fixed for the entire Contract period, except changes in the Tax
Law, as covered by Clause 6.2.5.2 above.

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6.2.15 Transfer of Contract

6.2.15.1 Agency shall not assign or transfer the contract or any part thereof without prior written
consent of Invest India.

6.2.15.2 Agency shall act as an independent entity fully performing responsible for all services
under the contract. It shall maintain complete control over its employees, who shall in no case,
represent Invest India or act in its name, without its prior written approval.

6.2.16 Miscellaneous provisions

i. “Nothing contained in this Contract shall be construed as establishing or creating between

the Parties, a relationship of master and servant or principal and agent.

ii. Any failure or delay on the part of any Party to exercise right or power under this Contract
shall not operate as waiver thereof.

iii. The Agency shall notify Invest India of any material change in its status as legal entity, in
particular, where such change or winding up proceeding which would impact on
performance of obligations under this Contract.

iv. The Agency shall at all times indemnify and keep indemnified Invest India against all
claims/damages etc. for any infringement of any Intellectual Property Rights (IPR) while
providing its services under the Contract.

v. The Agency shall at all times indemnify and keep indemnified Invest India against any
claims in respect of any damages or compensation payable in consequences of any accident
or injury sustained or suffered by its (the Agency’s) employees or agents or caused by any
action, omission or operation conducted by or on behalf of the Agency.

vi. The Agency shall at all times indemnify and keep indemnified Invest India against any
and all claims by Employees, Workman, Companies, suppliers, agent(s), employed
engaged or otherwise working for the Agency, in respect of their wages, salaries,
remuneration, compensation or the like.

vii. All claims regarding indemnity shall survive the termination or expiry of the Contract.

viii. It is acknowledged and agreed by all Parties that there is no representation of any type,
implied or otherwise, of any absorption, regularization, continued engagement or

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 concession or preference for employment of persons engaged by the Agency for any
subsequent engagement, service or employment in any capacity in any office or
establishment of the Government of India or Invest India.

6.2.17 Payment Terms

The payment would be as per the Financial Bid amount quoted for Startup India Global Venture
Capital Summit in Form Fin 2.
i. The following financial model will be followed:
Financial Commitment Mode of payment
20% Advance on signing of agreements and
submission of Bank Guarantee
20% After completion T+5 deliverables
20% After completion T+12 deliverables
40% After successful completion of the Startup
India Global Venture Capital Summit

Payment (basic cost) shall be reimbursed to Event Manager on the presentation of claims
which shall be duly supported with receipt/ bills of the vendor to whom Event Manager
has made payment. TDS deduction shall be made at the prescribed rates. Bills so
presented by Event Manager shall be subject to verification by independent auditors
appointed by Invest India. Every effort will be made by Invest India for expeditious
settlement of bills.

ii. Invest India shall not make any advance payment of management fee payable to Event
Manager
iii. Management fee shall be paid only after the submission/ settlement of the final claim in
respect of basic cost or after the final settlement of all the claims of the
vendors appointed/engaged by Event Manager and also after the certification of Event
Manager that no claim whatsoever is pending against Invest India
iv. All the invoices will have to be presented to Invest India

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