VOLUME-II: INSTRUCTIONS TO BIDDERS

Development, Operations & Maintenance of Eco Tourism Activities at Divar Island, Tiswadi, Goa

Contents
VOLUME-II: INSTRUCTIONS TO BIDDERS ............................................................................................ 0
1. GENERAL GUIDANCE FOR E-TENDERING ................................................................................... 2
1.1. E-TENDERING PROCEDURE ........................................................................................................... 2
2. OVERVIEW OF TENDERING PROCESS ........................................................................................ 3
2.1. BRIEF DESCRIPTION OF BIDDING PROCESS ........................................................................................ 3
2.2. CONTACT DETAILS DURING THE TENDERING PROCESS ......................................................................... 4
3. GENERAL INFORMATION .......................................................................................................... 4
3.1. ELIGIBILITY OF BIDDERS................................................................................................................ 4
3.2. GENERAL TERMS OF BIDDING PROCESS........................................................................................... 6
3.3. CHANGE IN COMPOSITION OF THE CONSORTIUM............................................................................... 7
3.4. NUMBER OF SUBMISSIONS AND COSTS THEREOF ............................................................................... 7
3.5. PROJECT SITE VISIT AND VERIFICATION OF INFORMATION .................................................................... 7
3.6. ACKNOWLEDGEMENT BY BIDDER ................................................................................................... 7
3.7. RIGHT TO ACCEPT OR REJECT ANY OR ALL BID SUBMISSIONS ................................................................ 8
3.8. BID VALIDITY PERIOD .................................................................................................................. 9
3.9. CONFIDENTIALITY ....................................................................................................................... 9
3.10. CONTENTS OF THE RFP................................................................................................................ 9
3.11. CLARIFICATION......................................................................................................................... 10
3.12. AMENDMENT OF RFP AND THE DRAFT AGREEMENT........................................................................ 10
3.13. CORRESPONDENCE WITH THE BIDDER ........................................................................................... 10
3.14. COST OF THE BID ...................................................................................................................... 10
3.15. LANGUAGE .............................................................................................................................. 10
3.16. FORMAT AND SIGNING OF BID..................................................................................................... 11
3.17. DOCUMENTS COMPRISING THE BIDS............................................................................................. 11
3.18. SUBMISSION OF BIDS ................................................................................................................ 12
3.19. LATE SUBMISSION OF BIDS ......................................................................................................... 12
3.20. MODIFICATIONS / SUBSTITUTION / WITHDRAWAL OF BIDS................................................................ 12
3.21. EARNEST MONEY DEPOSIT ......................................................................................................... 12
3.22. BID OPENING .......................................................................................................................... 13
3.23. EVALUATION OF BIDS ................................................................................................................ 14
3.24. TESTS OF RESPONSIVENESS OF QUALIFICATION APPLICATIONS ........................................................... 15
3.25. SHORTLISTING OF BIDDERS ......................................................................................................... 16
3.26. EVALUATION OF THE FINANCIAL PROPOSAL AND SELECTION OF BIDDER............................................... 16
3.27. CLARIFICATIONS ....................................................................................................................... 17
3.28. CONFIDENTIALITY ..................................................................................................................... 17
3.29. NONCONFORMITIES, ERRORS, AND OMISSIONS .............................................................................. 17
3.30. AWARD OF LICENCE .................................................................................................................. 17
3.31. NO CONTACT DURING THE PROCESS OF BID EVALUATION .................................................................. 17
4. FRAUD AND CORRUPT PRACTICES .......................................................................................... 19
5. MISCELLANEOUS ..................................................................................................................... 20

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Development, Operations & Maintenance of Eco Tourism Activities at Divar Island, Tiswadi, Goa

1. General Guidance for e-tendering

1.1. E-Tendering Procedure
1.1.1. Any Bidder willing to take part in the process of e-Tendering will have to be enrolled
and registered with the Government of Goa e-Procurement System.
1.1.2. Online Bid Submission Schedule
The financialBid submission date along with the opening date will be communicated
later by THE AUTHORITY through the e-tender website.
1.1.3. The online Bid submission by the Bidders, as per the formats mentioned in
Volume-IV along with the supporting documents, should also accompany the
following documents (Scan and Upload on the e-Tender website):
1. Attested copy of valid Incorporation Certificate of the company/firm. In case of a
partnership firm, attested copy of Partnership deed.
2. Attested copy of GST certificate.
3. Attested copy of PAN Card. In case of a Bidder registered outside India, the copy of
PAN Card will not be required.
4. Mode of Payment towards Cost of the Tender Document, Bid Security& Tender
Processing Fee: To be paid online through e-payment mode via NEFT/RTGS /Net
Banking with pre-printed challans available on e-tendering website and directly
credit the amount to ITC account as generated by challans for NEFT/RTGS.
1.1.4. General Instructions:
1. The Bid document and the other necessary documents can be seen and
downloaded from website -https://eprocure.goa.gov.in .
2. Those bidders not registered on the website mentioned above, are required to get
registered beforehand. If needed, they can be imparted training on online bidding
process as per details available on the website.
3. The intending Bidder must have / obtain a valid Class-III digital signature (signing
and encryption component) to submit the bid.
4. The Bidder shall be responsible for the correctness and genuineness of the
documents uploaded during tender submission. Any discrepancies in the matter will
be liable for rejection and suitable action.
5. For instructions for participation in Tenders, the bidders are requested to visit the
following link:
https://eprocure.goa.gov.in/nicgep/app;jsessionid=675CDDAB87A5ADD651C6954
859967C05.geps1?page=BiddersManualKit&service=page
6. Bidders can contacteprocure helpdesk incase of any issues faced while browsing
the https://eprocure.goa.gov.in website via the following contact details:
Sr. No Contact Phone Number
91-7972854213,
A Support Helpdesk 91-7822039673,
91-7972871944
B Senior Support 91-9834889836

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Development, Operations & Maintenance of Eco Tourism Activities at Divar Island, Tiswadi, Goa

For any technical related 0120-4001002,

C queries please call at 24x7 0120-4001005,
Help Desk Number 0120-6277787

7. For any queries related to the tender terms and conditions, please write to:
[email protected] refer to clause 1.1.4.5. of Volume-II of tender
documents for instructions to participation in the tender. All the bidders are required
to direct their issues / concerns / queries / clarifications related to tender
submission on https://eprocure.goa.gov.in to eprocure helpdesk only, whose
contact details were provided at clause 1.1.4.6. of Volume-II of the tender
documents. Such queries related to tender submission shall not be directed to
[email protected]. The Authority or its Consultants shall endeavor to respond
to the questions raised or clarifications sought by the Applicants. However, the
Authority or its Consultants reserves the right not to respond to any question or
provide any clarification, in their sole discretion, and none of the Clauses in the
tender documents shall be taken or read as compelling or requiring or obliging the
Authority or its Consultants to respond to any question or to provide any
clarification.

2. Overview of Tendering Process

2.1. Brief description of bidding Process
2.1.1. THE AUTHORITY has adopted a two-stage competitive bid process (collectively
called as the “Bidding Process”) for selection of the Bidder for award of the Project.
It involves:
a) Qualification (the “Qualification”) of interested Bidders who make a Qualification
Application (the “Qualification Application”) in accordance with the Annexure B
of Volume-IV. At the end of this stage, THE AUTHORITY expects to announce a
short-list of suitable pre-qualified Bidders (the “Qualified Bidders”) meeting the
Minimum Eligibility and Technical Experience criteria as set out in Clause 4
andClause 5 of Volume-I respectively, who shall be eligible for participation in the
second stage of the Bidding Process.
b) In second stage of the Bidding Process, THE AUTHORITY will evaluate the
financial proposals (the “Financial Proposal”) made in accordance with
Annexure C in Volume-IV (Price Bid), of only the Qualified Applications.
2.1.2. The RFP for the tender and all the further updates, notices, amendments,
clarifications, etc. shall be available on the website https://eprocure.goa.gov.in under
„DEPARTMENT OF TOURISM‟.
2.1.3. The “Bidding Documents” or “RFP Documents” include Volume-I: Project
Summary, Volume-II: Instructions Manual, Volume-III: DraftAgreement and Volume-
IV: Bid Formats. The aforesaid documents and any addenda issued subsequent to
this RFP Document will also form a part of the Bidding Documents.
2.1.4. Bidders will be required to deposit along with the Bid Submission, an EMD.
2.1.5. Bidders will also be required to submit the Bidding Documents, each page of which
shall be duly signed by its authorized signatory.

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Development, Operations & Maintenance of Eco Tourism Activities at Divar Island, Tiswadi, Goa

2.1.6. Bidders are advised and invited to examine the Project in greater detail, and to carry
out, at their cost, such studies as may be required for submitting their respective Bids
together with all required documents towards awarding the project.
2.1.7. The Bidders whose Qualification Application is evaluatedand found to be sufficient
and whose Bid is found to be satisfactory by the Authority would be declared the
“Highest Ranked Bidder”. Please refer to clause 6 of Volume-I for details related to
Financial Proposal.

2.2. Contact Details during the tendering process

2.2.1. Any queries of the Bidder related to the tender, or its process may be directed to:
The Director, Department of Tourism
Paryatan Bhavan, 2nd Floor,
Patto Plaza,
Panaji - 403001, India
Ph: (0832)2437132/2437728
E-mail: [email protected]
2.2.2. For queries kindly mail to:[email protected]

3. General Information
3.1. Eligibility of Bidders
3.1.1. For determining the eligibility of Bidders (the “Eligible Bidders”), the following shall
apply:
1) The Bidder should be a registered Legal Entity. Please refer to clause 4.1.1 in
Volume-I.
2) In case of a Consortium:
i. Number of Bidders in a consortium shall not exceed 3 (three).
ii. Bidders of the Consortium shall nominate one Bidder as the lead Bidder (the
“Lead Bidder”). The nomination(s) shall be supported by a Power of Attorney,
as per the format in Appendix B6 in Volume-IVsigned by all the other Bidders of
the Consortium.
iii. The lead bidder should submit a Consortium agreement at the time of
tendering.
iv. The Bid Submission should include a brief description of the roles and
responsibilities of all the Bidders, particularly with reference to financial,
technical and development, operation &maintenance obligations in the Project;
v. The Consortium members shall enter into a binding joint bidding agreement,
substantially in the form specified at Appendix B7 in Volume-IV (the “Joint
Bidding Agreement”), for the purpose of making the Submission. No
amendment to the Joint Bidding Agreement, after submission of tender
documents, will be allowed without the prior written consent of THE
AUTHORITY.
3) The Other conditions for determining the eligibility of Bidders is as follows:
(i) No Bidder applying individually or as a Bidder of a Consortium, as the case
may be, can be Bidder of another Bidder. A Bidder violating the above

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condition shall be liable to be disqualified and the Authority shall be entitled

to forfeit and appropriate the EMD.
(ii) A Bidder shall not have a conflict of interest (the "Conflict of Interest") that
affects the Bidding Process. Any Bidder found to have a Conflict of Interest
shall be disqualified from bidding for any contract with the Authority for a
period of one year from the date of notification. In the event of
disqualification, the Authority shall be entitled to forfeit and appropriate the
EMD. Without limiting the generality of the above, a Bidder shall be
deemed to have a Conflict of Interest affecting the Bidding Process, if:
a). the Bidder (or its members) have common controlling shareholders or
other ownership interest; However, this disqualification shall not apply
in cases where the direct or indirect shareholding of a Bidder (or its
members)is only a minor shareholding of less than 5%;OR
b). a constituent of such Bidder is also a constituent of another Bidder,OR
c). such Bidder(or its members) receives or provides any direct or indirect
subsidy, grant, concessional loan or subordinated debt from any other
Bidder (or its members);OR
d). Any two Bidders have the same legal representative for purposes of
this Tender;OR
e). There is access of information or influence between any two Bidders of
this Tender by virtue of a relationship, directly or through common third
party/ parties;OR
f). AnyBidder(or its members) has participated as a consultant to the
Authority in the preparation of any documents, design or technical
specifications of the Project.
4) A Bidder shall be liable for disqualification if any legal, financial or technical adviser
of THE AUTHORITY in relation to the Project is engaged by the Bidder (or its
members), in any manner for matters related to or incidental to the Project. For the
avoidance of doubt, this disqualification shall not apply where such adviser was
engaged by the Bidder (or its members) in the past but its assignment expired or
was terminated 6 (six) months prior to the date of issue of this RFP. Nor will this
disqualification apply where such adviser is engaged after a period of 1 (One) year
from the date of announcement of Highest Ranked Bidder.
3.1.2. The Bidder should submit a Power of Attorney as per the format at Appendix B5 in
Volume-IV, authorizing the signatory of the Submission to commit the Bidder. In case
of a Consortium, the Bidders should submit a Power of Attorney in favor of the Lead
Bidder as per format at Appendix B6 in Volume-IV.
3.1.3. Forming a Special Purpose Vehicle (SPV)
3.1.3.1. If the Bidder (Consortium) is declared as Selected Bidder for the Project, they
would need to incorporate a Private Limited Company, under the Indian Companies
Act, 2013 (“Special Purpose Vehicle” or “SPV”) in Goa for execution of the
Project.
3.1.3.2. In case the Bidder is a Consortium, it shall, in addition to forming an SPV, comply
with the following additional requirements:

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a) The Lead Bidder shall subscribe at least 51% (fifty one percent) or more of the
Equity of the SPV.
b) In addition, all the consortium members shall subscribe at least 11% (eleven
percent) of the Equity of the SPV.
3.1.3.3. The SPV is required to set-up a registered office in Goa and need to nominate a
single point of contact for any communication with THE AUTHORITY.
3.1.4. Non-eligibility of Bidders
3.1.4.1. Any entity, which has been barred by the Central/ State government, from
participating in any project, and the bar subsists as on the date of Submission,
would not be eligible to submit the Bid documents, either individually or as Bidder of
a Consortium.
3.1.4.2. A Bidder including any Consortium member should, in the last 3 (three) years, have
neither (1) failed to perform its obligation of any contract by any public entitynor (2)
has been terminated or expelled from any project or contract by any public entity
nor (3) have had any contract terminated by any public entity for breach by such
Bidder.
3.1.5. The following conditions shall be adhered to while submitting the Bid Documents:
a) Bidders should scan clearly marked documents and upload in the prescribed
tabs. Bidders are also expected to also fill in the data requested in Qualification
Application in the prescribed forms. Any Bidder submitting incomplete documents
or partially filling the prescribed forms will be liable to be disqualified.
b) In responding to the Bid submissions, Bidders should demonstrate their
capabilities in accordance with Clause 5 of Volume-I.
3.1.6. Notwithstanding anything to the contrary contained herein, in the event that the Due
Date falls within three months of the closing of the latest financial year of a Bidder, it
shall ignore such financial year for the purposes of its Bid Submission and furnish all
its information and certification with reference to the 3 (three) years, preceding its
latest financial year. For the avoidance of doubt, financial year shall, for the purposes
of the Bid submission hereunder, mean the accounting year followed by the Bidderin
the course of its normal business.
3.2. General Terms of Bidding Process
3.2.1. Notwithstanding anything to the contrary contained in this RFP, the detailed terms
specified in the Agreement (as provided in Volume-III) shall have overriding effect;
provided, however, that any conditions or obligations imposed on the Bidder
hereunder shall continue to have effect in addition to its obligations under the
Agreement.
3.2.2. The documents including this RFP and all attached documents, provided by THE
AUTHORITY are and shall remain the property of THE AUTHORITY and are
transmitted to the Bidders solely for the purpose of preparation and the submission of
Bids in accordance herewith. Bidders are to treat all information as strictly confidential
and shall not use it for any purpose other than for preparation and submission of their
Bids. The provisions of this Clause shall also apply mutatis mutandis to the Bid
documents and all other documents submitted by the Bidders, and the Authority will
not return to the Bidders any document, or any information provided along therewith.
3.2.3. This RFP is not transferable.

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3.2.4. Any award of the Project pursuant to this RFP shall be subject to the terms of Bidding
Documents.

3.3. Change in composition of the Consortium

3.3.1. Change in the composition of a Consortium will not be permitted byTHE
AUTHORITYsubsequent to the submission of the bid or during the bidding process till
Commercial Operations Date (“COD”) of the Project.
3.3.2. Notwithstanding anything to the contrary contained in Clause 3.1. in Volume-II, a
Bidder may, within 10 (ten) days after the Bid Due Date, remove from its Consortium
any Bidder who suffers from a Conflict of Interest, and such removal shall be deemed
to cure the Conflict of Interest arising in respect thereof. However, the Consortium
sans such Bidder will be required to meet the Technical Experience in accordance
with the stipulation prescribed in the RFP.
3.3.3. Any changes in the consortium, subsequent to the commercial operations date and
during the subsistence of the Licence, should be duly approved by THE AUTHORITY.
THE AUTHORITY reserves the right to approve or disapprove such changes in
consortium, as suggested by SPV.

3.4. Number of Submissions and costs thereof

3.4.1. No Bidder shall submit more than one Bid for the Project. A Bidder applying
individually or as a Bidder of a Consortium shall not be entitled to submit another Bid
either individually or as a Bidder of any Consortium, as the case may be.
3.4.2. The Bidders shall be responsible for all of the costs associated with the preparation of
their Bid and their participation in the Bidding Process. THE AUTHORITY will not be
responsible or in any way liable for such costs, regardless of the conduct or outcome
of the Bidding Process.

3.5. Project site visit and verification of information

3.5.1. Bidders are encouraged to submit their respective Bids after visiting the Project site
and ascertaining for themselves the site conditions, location, surroundings, climate,
availability of power, water and other utilities for construction (if applicable), access to
site, handling and storage of materials, applicable laws and regulations, and any
other matter considered relevant by them.

3.6. Acknowledgement by Bidder

3.6.1. It shall be deemed that by submitting the Bid, the Bidder has:
a) made a complete and careful examination of the provisions of the RFP;
b) visited the Project site and ascertained the extant site conditions, location,
surroundings, climate, availability of power, water and other utilities for
operations, access to site, handling and storage of materials, applicable laws and
regulations, and any other matter considered relevant by them.
c) received all relevant information requested from the Authority;
d) acknowledged and accepted the risk of inadequacy, error or mistake in the
information provided in the RFP (if any) or furnished by or on behalf of the
Authority;
e) satisfied itself about all matters, things and information as necessary and required
for submitting an informed bid, execution of the Project in accordance with the
bidding documents and performance of all of its obligations thereunder;

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f) acknowledged and agreed that any inadequacy, lack of completeness or

incorrectness of information provided in the bidding documents or ignorance of
any of the matters shall not be a basis for any claim for compensation, damages,
extension of time for performance of its obligations, loss of profits etc. from the
Authority; and
g) agreed to be bound by the terms of the RFP document, the undertakings
provided by it under and in terms hereof.
3.6.2. THE AUTHORITY shall not be liable for any omission, mistake or error in respect of
any of the above or on account of any matter or thing arising out of or concerning or
relating to the RFP or the Bidding Process, including any error or mistake therein or in
any information or data given by THE AUTHORITY.
3.7. Right to accept or reject any or all Bid Submissions
3.7.1. Notwithstanding anything contained in this RFP, the Authority reserves the right to
accept or reject any Bid Submission and to annul the Bidding Process and reject all
Bid Submissions, at any time without any liability or any obligation for such
acceptance, rejection or annulment, and without assigning any reasons thereof. In the
event that the Authority rejects or annuls all the Bid Submissions, it may, in its
discretion, invite all Eligible Bidders to submit fresh Bids hereunder.
3.7.2. The Authority reserves the right to reject any Bid if:
a) at any time, a material misrepresentation is made or uncovered, or
b) the Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the Bid.
If the Bidder is a Consortium, then the entire Consortium may be disqualified/
rejected. If such disqualification/ rejection occur after the Financial Proposals have
been opened and the Highest Ranked Bidder gets disqualified/ rejected, then the
Authority reserves the right to:
c) invite the Second Highest Ranked Bidder to match the score of the Highest
Ranked Bidder ; or
d) take any such measure as may be deemed fit in the sole discretion of the
Authority, including annulment of the Bidding Process.
3.7.3. In case it is found during the evaluation or at any time before signing of the
Agreement or after its execution and during the period of subsistence thereof,
including the Term of Agreement thereby granted by the Authority, that one or more
of the Qualification conditions have not been met by the Bidder, or the Bidder has
made material misrepresentation or has given any materially incorrect or false
information, the Bidder shall be disqualified forthwith if not yet appointed as the
Licensee either by issue of the LOA or entering into of the Agreement, and if the
Bidder has already been issued the LOA or has entered into the Agreement, as the
case may be, the same shall, notwithstanding anything to the contrary contained
therein or in this RFP, be liable to be terminated, by a communication in writing by
THE AUTHORITY to the Bidder, without THE AUTHORITY being liable in any
manner whatsoever to the Bidder. In such an event, the Bidder shall also forfeit their
EMD / performance security towards damages, which sum is agreed to be a genuine
pre-estimate of damages, without prejudice to any other right or remedy which THE
AUTHORITY may have under this RFP, the Bidding Documents, the Agreement or
under applicable law.

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3.7.4. THE AUTHORITY reserves the right to verify all statements, information and
documents submitted by the Bidder in response to the RFP. Any such verification or
lack of such verification by THE AUTHORITYshall not relieve the Bidder of its
obligations or liabilities hereunder nor will it affect any rights of the Authority there
under.
3.8. Bid Validity Period
3.8.1. The Bid shall be valid for a period of not less than 180 (one hundred and eighty) days
from the Bid Due Date (“Bid Validity Period”). The Bid Validity Period may be
extended by mutual consent of the respective Bidders and THE AUTHORITY.
3.9. Confidentiality
3.9.1. Information relating to the examination, clarification, evaluation, and recommendation
for the shortlisted Qualified Bidders shall not be disclosed to any person who is not
officially concerned with the process or is not a retained professional advisor advising
the Authority in relation to, or matters arising out of, or concerning the Bidding
Process. THE AUTHORITY will treat all information, submitted as part of Bid
Submission, in confidence and will require all those who have access to such material
to treat the same in confidence. THE AUTHORITY may not divulge any such
information unless it is directed to do so by any statutory entity that has the power
under law to require its disclosure or is to enforce or assert any right or privilege of
the statutory entity and/ or THE AUTHORITY or as may be required by law or in
connection with any legal process.

A. Documents
3.10. Contents of the RFP
3.10.1. The entire RFP comprises of the disclaimer set forth hereinabove and four Volumes
of documents, whose details are as follows:
 Volume-I: Project Summaryincluding project background, details of proposed
project, term of Agreement, minimum eligibility, technical experience, financial
proposal and proposed next steps.
 Volume-II: Instructions Manual
 Volume-III: DraftAgreement

 Volume-IV: Bid Formats

 Annexures, if applicable
3.10.2. The entire RFP may additionally include any Corrigenda or Addenda issued by THE
AUTHORITY at any time prior to the deadline for submission of bid documents by the
Bidder. The issuance of Corrigenda or Addenda by THE AUTHORITY can be for any
reason, whether at its own initiative or in response to clarifications requested by A
Bidder.
3.10.3. Any Corrigenda or addendum issued shall be part of the RFP Documents and shall
be available on the website https://eprocure.goa.gov.in.
3.10.4. The Bidder is expected to examine all instructions, forms, terms and specifications in
the RFP Document. Failure to furnish all information or documentation required by
the RFP Document may result in the rejection of the bid.

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3.11. Clarification
3.11.1. Bidders requiring any clarifications to the RFP may notify the Authority in writing by e-
mail to the officer designated in Clause 2.2 in Volume-IIto the email
[email protected]. The email communications shall clearly bear the
name of the tender as the subject. They should send in their queries before the date
specified in the schedule of Bidding Process contained in Clause 2.1 in Volume-II.
3.11.2. THE AUTHORITY shall endeavor to respond to the questions raised or clarifications
sought by the Bidders. The responses, if any will be uploaded to the website
https://eprocure.goa.gov.in. The Authority reserves the right not to respond to any
question or provide any clarification, in its sole discretion, and nothing in this Clause
shall be taken or read as compelling or requiring or obliging the Authority to respond
to any question or to provide any clarification.
3.11.3. The responsesissued by the Authority may be accordingly modified by issue of
addenda/ corrigenda to such effect.
3.11.4. All clarifications and interpretations issued by THE AUTHORITY shall be deemed to
be part of the RFP. Verbal clarifications and information given by THE AUTHORITY
or its employees or representatives shall not in any way or manner be binding on
THE AUTHORITY.
3.12. Amendment of RFP and the Draft Agreement
3.12.1. At any time prior to the deadline for submission ofbids, up to bid opening, THE
AUTHORITY may, if it deems fit and proper, for any reason, whether at its own
initiative or in response to clarifications requested by a Bidder, modify the bidding
documents by issuance of corrigenda/addenda.
3.12.2. Any addendum issued shall be part of the Bidding Document and shall be available
on the website https://eprocure.goa.gov.in.
3.12.3. In order to accord the Bidders a reasonable time for taking the addendum into
account in preparing their bids, or for any other reason, THE AUTHORITY may, in its
sole discretion, extend the Due Date.
3.13. Correspondence with the Bidder
3.13.1. Save and except as provided in this RFP, THE AUTHORITY shall not entertain any
correspondence with any Bidder in relation to the acceptance or rejection of any Bid.

B. Preparation and Submission of Bid

3.14. Cost of the Bid
3.14.1. The Bidder shall bear all costs associated with the preparation and submission of its
Bid, and THE AUTHORITY shall not be responsible or liable for those costs,
regardless of the conduct or outcome of the bidding process.
3.15. Language
3.15.1. The Bid and all related correspondence and documents in relation to the Bidding
Process shall be in English. Supporting documents and printed literature furnished by
the Bidder with the Bid submission may be in any other language provided that they
are accompanied by translations of all the pertinent passages in the English
language, duly authenticated and certified by the issuing authority or by the
translation departments of the High Court/ Supreme Court of India/ any other
Government department/ Government agency. Supporting materials, which are not

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translated into English, may not be considered. For the purpose of interpretation and
evaluation of the Bid, the English language translations shall prevail.

3.16. Format and signing of Bid

3.16.1. The Bidder shall provide all the information sought under this RFP. THE AUTHORITY
will evaluate only those Bids that are received in the required formats and complete in
all respects. Incomplete and /or conditional Bids shall be liable to rejection.
3.16.2. The Bids shall be digitally signed by a person or persons duly authorized to sign on
behalf of the Bidder as stated in the RFP.
3.16.3. The Bidder shall also prepare the Bids in physical form and submit the same. In the
event of any discrepancy between the original i.e. hard copy submission and the
online submission (true copy), the original shall prevail.
3.16.4. The physical copy of the Bids shall be typed or written in indelible ink and signed by
the authorized signatory of the Bidder who shall also initial each page in blue ink. In
case of printed and published documents, only the cover shall be initialed. All the
alterations, omissions, additions or any other amendments made to the Bids shall be
initialed by the person(s) signing the Bids. The physical copy of the Bids shall contain
page numbers serially and shall be bound together in hard cover.

3.17. Documents comprising the Bids

3.17.1. Bids are to be submitted following the process mentioned in this RFP comprising of
the Qualification Application and the Financial Proposal (Financial Proposal through
online submission only) in the prescribed formats before the Bid Due Date and time,
duly signed in ink.
3.17.2. Qualification Application
a) The Qualification Application shall comprise of the following:
1. Letter of Qualification Application in form of Affidavit in the prescribed format
at Appendix A in Volume-IV.
2. Details of the Bidder in the prescribed format at Appendix B1 in Volume-IV.
3. Forms regarding technical experience in the prescribed format at Appendix
B2 and Appendix B3 in Volume-IValong with supporting documents.
4. Forms regarding financial experience in the prescribed format at Appendix
B4in Volume-IValong with supporting documents.
5. Power of Attorney for signing the Bid as per the format at Appendix B5 in
Volume-II. If applicable, the Power of Attorney for Lead Bidder of Consortium
as per the form at Appendix B6 in Volume-IV.
6. Joint Bidding Agreement, in case of a Consortium as per the format at
Appendix B7 in Volume-IV.
7. Statement of Legal Capacity as per the format at Appendix B8 in Volume-IV.
8. Understanding of Scope of Work, Terms of Reference and proposed
Approach & Methodology by the Bidder (refer Appendix B10 in Volume-IV).
9. Copy of EMD payment receipt paid online through e-payment mode via
NEFT / RTGS / OTC / net-banking.

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10. Original RFP Document shouldbe signed on each page by the Bidder on
whose name Power of Attorney is provided.
b) In case of failure to submit any of the above-mentioned documents in respective
folders, the Authority shall be entitled to summarily reject the bid.
3.17.3. Financial Proposal
a) The bidders are requested to fill price bid detailsavailable on the e-tendering website,
which is required to be filled and submitted on the e-tender website. Refer to Clause
6 in Volume-I.
3.17.4. Tender submission shall be strictly as per e-tender norms of the Government of Goa.
The bidder should scan and upload the required documents (including Annexure B
and C in in Volume-IV) along with supporting documents. In addition, the hard copy of
the technical documents and bid is to be submitted in sealed envelope and super
scribed the name of the project on the top right hand corner and addressed to: The
Director, Department of Tourism, 2nd floor, Paryatan Bhavan, Patto-Panaji, Goa-403
001. The bidders should not submit hard copy of their financial bid.THE
AUTHORITY reserves the right to disqualify the Bidders who do not submit hard copy
of their Qualification Bids (excluding financial bid) before the bid due date.

3.18. Submission of Bids

3.18.1. The Bids (including Qualification Application and Financial Proposal) must be
uploaded on the e-tender website i.e.,https://eprocure.goa.gov.in before the
prescribed time on the Bid Due Date, in the manner and form as detailed in this RFP.
The Bids (including Qualification Application and EMD) must be submitted in original
to the Authority before the prescribed time on the Bid Due Date, in the manner and
form as detailed in this RFP.
3.18.2. THE AUTHORITY may, in its sole discretion, extend the Bid Due Date by issuing an
Addendum uniformly for all Bidders, in which case all rights and obligations of THE
AUTHORITY and Bidders previously subject to the Bid Due Date shall thereafter be
subject to the Due Date as extended.

3.19. Late Submission of Bids

3.19.1. Bid Submissions received by THE AUTHORITY after the specified time on the Bid
Due Date shall not be accepted for whatsoever reasons.

3.20. Modifications/ substitution/ withdrawal of Bids

3.20.1. The Bidder shall not be allowed to modify, substitute or withdraw its Bid after
submission.
3.21. Earnest Money Deposit
3.21.1. The Bidder shall furnish as part of its Bid, a copy of the EMD payment receipt paid
online through e-payment mode along with EMD letter whose format is provided in
Appendix B9 in Volume-IV.
No relaxation of any kind on EMD shall be given to any Bidder. THE AUTHORITY
shall not be liable to pay any interest on the EMD deposit made by the Bidder and the
same shall be interest free.
3.21.2. Any Bid not accompanied by copy of the EMD payment receipt along with EMD letter
shall be summarily rejected by THE AUTHORITY as non-responsive.

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3.21.3. The EMD of (1) Bidders whose Qualification Application is found to be non-
responsive, and (2) Unsuccessful Bidders shall be returned by THE AUTHORITY,
without any interest, within 45 (forty-five) days of the date of issuance of the Letter of
Award or the date of cancellation of the Bidding Process, when the Bidding Process
is cancelled by THE AUTHORITY, as the case may be.
3.21.4. The Selected Bidder‟s EMD will be returned, without any interest, within 60 (sixty)
days of the SPV formed by the Successful Bidder signing the Agreement and
furnishing the Performance Security in accordance with the provisions in the
Agreement provided that the Selected Bidder is otherwise not in breach of the terms
hereof. The Authority may, at the Selected Bidder‟s request, allow the Selected
Bidder to adjust the EMD in the amount of Performance Security to be provided by
him in accordance with the provisions of the Agreement.
3.21.5. THE AUTHORITY shall be entitled to forfeit and appropriate the EMD as Damages
inter alia in any of the events specified in Clause 3.21.6 in Volume-II herein below.
The Bidder, by submitting its Bid pursuant to this RFP, shall be deemed to have
acknowledged and confirmed that THE AUTHORITY will suffer loss and damage on
account of withdrawal of its Bid or for any other default by the Bidder during the Bid
Validity Period as specified in this RFP. No relaxation of any kind shall be given to
any Bidder in respect of the forfeiture of the EMD for the purposes of this clause.
3.21.6. The EMD shall be entitled to be forfeited as Damages without prejudice to any other
right or remedy that may be available to the Authority under the Bidding Documents
and / or under the Agreement, or otherwise, under the following conditions:
a) If the Financial Proposal is found to be qualified or conditional;
b) If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice as specified in Clause 4 of Volume-II;
c) If a Bidder withdraws its Bid during the Bid Validity Period as specified in this RFP
and as extended by mutual consent of the respective Bidder(s) and the Authority;
d) In the case of Selected Bidder, if it fails within the specified time limit:
i. to sign and return the duplicate copy of LOA; or
ii. to furnish the Performance Security within the period prescribed thereof in
the Letter of Award.
e) If the Bidder is otherwise in breach of the terms of this document.

3.22. Bid Opening

3.22.1. The Qualification Application will be opened online by THE AUTHORITY receiving
Bids or by his authorized representative at the time, date and place specified
under“INVITATION FOR REQUEST FOR PROPOSAL” in Volume-I and clause2.2 in
Volume-II in the presence of the Bidders who choose to attend. The date and time for
online opening of Financial Proposal will be announced at the time of uploading of the
names of Qualified Bidders, such other time as may be decided by THE
AUTHORITY. The manner of online opening of Financial Proposal will be same as
Qualification Application opening.
3.22.2. All folders containing the Qualification Applications shall be opened one at a time,
and the following recorded:

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a) the name of the Bidder or Bidders (in case of a consortium);

b) the name of the representative, if present;
c) the presence of EMD;
d) the date and time of opening;
e) any other details as THE AUTHORITY may consider appropriate.
3.22.3. Only Qualification Applications recorded at the time of bid opening shall be
considered for evaluation. THE AUTHORITY shall prepare a record of the opening of
Qualification Applications. A copy of the record shall be uploaded to the website
https://eprocure.goa.gov.in.
3.22.4. At the end of the evaluation of the Qualification Applications, THE AUTHORITY will
upload on its website https://eprocure.goa.gov.in the names of all the Qualified
Bidders.
3.22.5. The Authority shall conduct the opening of the Financial Proposal of the shortlisted
Bidders at time, date and the place specified “INVITATION FOR REQUEST FOR
PROPOSAL” in Volume-I and clause 2.2 in Volume-II in presence of the Bidders who
choose to attend. All folders containing Financial Proposal shall be opened one at a
time and the following recorded:
a) the name of the Bidder;
b) the name of the representative, if present;
c) the bid value / financial offer;
d) the date and time of opening;
e) any other details as THE AUTHORITY may consider appropriate.
3.22.6. Only Financial Proposals recorded during the opening of Financial Proposals shall be
considered for evaluation. No Bids shall be rejected at the time of opening of
Financial Proposals except when the Financial Proposal is not in accordance with the
Bidding Documents. A copy of the record shall be uploaded on the web portal
https://eprocure.goa.gov.in.

C. Evaluation Process
3.23. Evaluation of Bids
3.23.1. THE AUTHORITY, represented by its Board and headed by its Chairman or any other
empowered committee, will examine and evaluate the Bids in accordance with the
provisions described in this RFP. THE AUTHORITY may involve its transaction
advisors and their consultants for such purpose.
3.23.2. Bidders are advised that Qualification of Bidders will be entirely at the discretion of
THE AUTHORITY. Bidders will be deemed to have understood and agreed that no
explanation or justification on any aspect of the Bidding Process or selection will be
given.
3.23.3. Any information contained in the Bids shall not in any way be construed as binding on
THE AUTHORITY, its agents, successors or assigns, but shall be binding against the
Bidder if the Project is subsequently awarded to it on the basis of such information.

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3.23.4. THE AUTHORITY reserves the right not to proceed with the Bidding Process at any
time without notice or liability and to reject any or all Bid(s) without assigning any
reasons.
3.23.5. If any information furnished by the Bidder is found to be incomplete, or contained in
formats other than those specified herein, THE AUTHORITY may, at its sole
discretion, exclude the relevant portion from computation of Technical and Financial
capacity of the Bidder.
3.23.6. In the event thata Bidder claims credit for an Eligible Project, and such claim is
determined by THE AUTHORITY as incorrect or erroneous, THE AUTHORITY shall
reject such claimand exclude the same from evaluation of Threshold Experience of
the Bidder. Where any information is found to be patently false or amounting to a
material misrepresentation, THE AUTHORITY reserves the right to reject such Bids.

3.24. Tests of responsiveness of Qualification Applications

3.24.1. Prior to evaluation of Bids, THE AUTHORITY shall determine whether each
Qualification Application is responsive to the requirements of the RFP. A Qualification
Application shall be considered responsive only if:
a) it is received as per formats at Annexure A, B, and C (Price Bid) in Volume-IV
b) online submission of Qualification Application and financial bid is received before
the prescribed time on the BidDue Date including any extension thereof pursuant
to Clause 3.18 in Volume-II;
c) hard copies of Qualification bid arereceived before the prescribed time on the Bid
Due Date including any extension thereof pursuant to Clause 3.18 in Volume-
II.No financial bid should be provided as hard copy;
d) it is accompanied by the Power of Attorney to the Bidder, and in the case of a
Consortium, the Power of Attorney to the Lead Bidder;
e) it contains all the information and documents (complete in all respects) as
requested in this RFP;
f) it contains information in formats same as those specified in this RFP;
g) it does not contain any condition or qualification;
h) it contains certificates from its statutory auditors in the formats specified at
Annexure B in Volume-IV of the RFP for each Eligible Project;
i) it is accompanied by the Joint Bidding Agreement (for Consortium) specific to the
Project, if applicable;
j) it does not contain any condition or qualification in the Financial Proposal; and
k) it is not non-responsive in terms hereof.
3.24.2. The Bidders are expected to fulfill the minimum eligibility criteria as set in clause 4.1
of Volume-I, failing which the Bidder shall stand disqualified. Only if the Bidder fulfils
the aforementioned clauses the Technical Experience Score of the Bidder will be
evaluated.
3.24.3. The credentials of eligible Bidders shall be measured in terms of their Technical
Experience Score arrived at in terms of clause 5 of Volume-I hereof.
3.24.4. The Bidders adjudged as responsive in terms of clause 3.24 of Volume-II, meeting
the minimum eligibility criteria as set forth in clause 4.1 of Volume-I shall be declared

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as the Qualified Bidders. The list of Qualified Bidders will be uploaded on the website
https://eprocure.goa.gov.in.
3.24.5. THE AUTHORITY reserves the right to reject any Bid Submission which is non-
responsive and no request for alteration, modification, substitution or withdrawal shall
be entertained by the Authority in respect of such Bid Submission.
3.25. Shortlisting of Bidders
3.25.1. The Qualified Biddersscoring not less than the minimum technical score shall then be
moved for opening of Financial Bids.
3.25.2. THE AUTHORITY may, in its discretion, maintain a reserve list of Qualified Bidders
who may be invited to substitute the short-listed Bidders upon their failure to conform
to the conditions specified herein.

3.26. Evaluation of the Financial Proposal and Selection of Bidder

3.26.1. The financial proposal would be ranked in descending order of the quoted ALF with
the shortlisted Bidder quoting the highest ALF being ranked “Highest Ranked
Bidder” and the shortlisted Bidder quoting the second highest ALF as “Second
Highest Ranked Bidder” and so on.
3.26.2. The shortlisted Bidder offering the highest ALF shall be the “Highest Ranked
Bidder”, subject to the other qualification requirements as laid out in this RFP, would
be issued Letter of Award and would sign the Agreement on the terms and conditions
as specified by THE AUTHORITY. In case the Highest Ranked Bidder decides to
withdraw from the bid process, the Bidder may be disqualified from bidding for any
contract with the Authority for a continuous period of one year from the date of
withdrawal of the Bid.
3.26.3. In the event the Financial Bids of 2 (two) or more Bidders, who are qualified and
whose Technical Experience is sufficient, are the highest and the same (the “Tied
Bidders”), THE AUTHORITY shall hold an auction amongst such Tied Bidders only
and shall declare such of them who has offered the highest price in such auction to
be the Selected Bidder. Bidders‟ representatives who choose to attend the Financial
Bid opening should therefore be duly authorized to participate in such auction. In the
event a Tied Bidder is not represented on the Financial Bid opening date or the
authorized representative of such Bidder does not or is unwilling to participate in such
auction, the auction would be held amongst the remaining tie Bidders and if there be
only one remaining Tied Bidder, the latter will be declared as the Selected Bidder
provided that such remaining Tied Bidder offers a higher price than that already
offered in its Financial Bid. In the event the Highest Ranked Bidder withdraws or is
not declared as the Selected Bidder, THE AUTHORITY may invite fresh bids for the
Project.
3.26.4. Bidders are requested to note that the Financial Proposal should not have any
conditionality attached or deviations from the Agreement as indicated in the Bid
document. Bids with conditions attached may be treated as non-responsive and liable
for rejection at the discretion of THE AUTHORITY.
3.26.5. Bidders are requested to use the price sheet, which has been uploaded on the
website, for preparing their price quote (Refer Annexure C in Volume-IV).
3.26.6. All Short Listed Bidders shall be at par notwithstanding individual scores. THE
AUTHORITY shall compare all the Financial Proposals of Short Listed Bidders to
determine the Highest Ranked Bidder.

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3.27. Clarifications
3.27.1. To facilitate evaluation of Bids, THE AUTHORITY may, at its sole discretion, seek
clarifications from any Bidder regarding its Bid Submission. Such clarification(s) shall
be provided within the time specified by THE AUTHORITY for this purpose. Any
request for clarification(s) and all clarification(s) in response thereto shall be in
writing.
3.27.2. If a Bidder does not provide clarifications sought under Clause 3.27.1 in Volume-II
above within the prescribed time, its Bid Submission shall be liable to be rejected. In
case the Bid is not rejected, THE AUTHORITY may proceed to evaluate the Bid by
construing the particulars requiring clarification to the best of its understanding, and
the Bidder shall be barred from subsequently questioning such interpretation of THE
AUTHORITY.

3.28. Confidentiality
3.28.1. Information relating to the examination, evaluation, comparison, and post qualification
of bids and recommendation of contract award, shall not be disclosed to Bidders or
any other persons not officially concerned with such process until information on
award of the project is communicated to all Bidders.
3.28.2. Any attempt by a Bidder to influence THE AUTHORITY in the evaluation of the bids
or contract award decisions may result in the rejection of its bid.
3.29. Nonconformities, Errors, and Omissions
3.29.1. Provided that a Bid is substantially responsive, THE AUTHORITY may waive any
non-conformity in the bid that does not constitute a material deviation, reservation or
omission.
3.29.2. Provided that a Qualification Application is substantially responsive, THE
AUTHORITY may request that the Bidders submit the necessary information or
documentation, within a reasonable period of time, to rectify non-material non-
conformities in the Qualification Applications related to documentation requirements.
Requesting information or documentation on such nonconformities shall not be
related to any aspect of the Financial Proposal. Failure of the Bidder to comply with
the request may result in the rejection of its bid.

3.30. Award of Licence

3.30.1. Letter of Award – Upon completion of the Bidding Process and identification of
Highest Ranked Bidder,THE AUTHORITY shall, prior to expiration of the bid validity
period, upload the name of the Highest Ranked Bidder/ Selected Bidderand/or send
an email and will issue the LOA to it.
3.30.2. Within 45 (forty-five) days from the receipt of the LOA, the Successful Bidder shall be
required to satisfy the certain conditions as specified in clause 9.2 of Volume-I, which
will enable the Authority to sign the Agreement with them.

3.31. No Contact during the process of bid evaluation

3.31.1. Bids shall be deemed to be under consideration immediately after they are opened
and until such time THE AUTHORITY makes official intimation of award/ rejection to
the Bidders. While the bids are under consideration, Bidders and/ or their
representatives or other interested parties are prohibited from contacting by any

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means, THE AUTHORITY, and/ or its employees/ representatives on matters related

to the bids under consideration.

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4. FRAUD AND CORRUPT PRACTICES

4.1.1. The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process. Notwithstanding
anything to the contrary contained herein, THE AUTHORITY may reject a Bid without
being liable in any manner whatsoever to the Bidder if it determines that the Bidder
has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice in the Bidding
Process.
4.1.2. Without prejudice to the rights of THE AUTHORITYunder Clause 4.1.1 in Volume-II
hereinabove, if a Bidder is found by THE AUTHORITYto have directly or indirectly or
through an agent, engaged or indulged in any corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practice during the Bidding
Process, such Bidder shall not be eligible to participate in any tender or RFP issued
by THE AUTHORITYduring a period of 2 (two) years from the date such Bidder is
found by THE AUTHORITYto have directly or indirectly or through an agent, engaged
or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice, as the case may be.
4.1.3. For the purposes of this Clause 4 in Volume-II, the following terms shall have the
meaning hereinafter respectively assigned to them:
a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the actions of any person connected
with the Bidding Process (for avoidance of doubt, offering of employment to, or
employing, or engaging in any manner whatsoever, directly or indirectly, any
official of THE AUTHORITYwho is or has been associated in any manner, directly
or indirectly, with the Bidding Process or the LOA or has dealt with matters
concerning the Agreement or arising there from, before or after the execution
thereof, at any time prior to the expiry of one year from the date such official
resigns or retires from or otherwise ceases to be in the service of THE
AUTHORITY, shall be deemed to constitute influencing the actions of a person
connected with the Bidding Process);
b) “fraudulent practice” means a misrepresentation or omission of facts or
suppression of facts or disclosure of incomplete facts, in order to influence the
Bidding Process;
c) “coercive practice” means impairing or harming or threatening to impair or harm,
directly or indirectly, any person or property to influence any person‟s
participation or action in the Bidding Process;
d) “undesirable practice” means (i) establishing contact with any person connected
with or employed or engaged by THE AUTHORITYwith the objective of
canvassing, lobbying or in any manner influencing or attempting to influence the
Bidding Process; or (ii) having a Conflict of Interest; and
e) “Restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Bidders with the objective of restricting or manipulating a full
and fair competition in the Bidding Process.

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5. MISCELLANEOUS
5.1.1. The Bidding Process shall be governed by, and construed in accordance with, the
laws of India and the Courts at Goa shall have exclusive jurisdiction over all disputes
arising under, pursuant to and/ or in connection with the Bidding Process.
5.1.2. THE AUTHORITY, in its sole discretion and without incurring any obligation or
liability, reserves the right, at any time, to;
a) suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement
the Bidding Process or modify the dates or other terms and conditions relating
thereto;
b) consult with any Bidder in order to receive clarification or further information;
c) pre-qualify or not to pre-qualify any Bidder and/ or to consult with any Bidder in
order to receive clarification or further information;
d) retain any information and/ or evidence submitted to THE AUTHORITYby, on
behalf of, and/ or in relation to any Bidder; and/ or
e) Independently verify, disqualify, reject and/ or accept any and all submissions or
other information and/ or evidence submitted by or on behalf of any Bidder.
5.1.3. It shall be deemed that by submitting the Bid, the Bidder agrees and releases the
Authority, its employees, agents and advisers, irrevocably, unconditionally, fully and
finally from any and all liability for claims, losses, damages, costs, expenses or
liabilities in any way related to or arising from the exercise of any rights and/ or
performance of any obligations hereunder and the Bidding Documents, pursuant
hereto, and/ or in connection with the Bidding Process, to the fullest extent permitted
by applicable law, and waives any and all rights and/ or claims it may have in this
respect, whether actual or contingent, whether present or in future.
5.1.4. All standards, technical specifications and codes of practice referred to shall be latest
editions including all applicable official amendments and revisions.
5.1.5. The Bidders shall have to comply with the provisions of the (a) Contract Labour
(Regulation & Abolition) Act, 1970 (b) Apprentices Act, 1961 and (c) Minimum Wages
Act, 1948 or the notifications thereof or any other laws relating to and the rules made
and order issued thereunder from time to time.

««« END OF VOLUME-II: INSTRUCTIONS TO BIDDERS »»»

Signature Not Verified
Digitally signed by JAYESH YESHWANT
Volume-II: Instructions to Bidders KANKONKAR 20
Date: 2024.02.20 16:01:29 IST
Location: Goa