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RFP NO. 01/2016/ER

REQUEST FOR PROPOSAL (RFP)

FOR UNDERTAKING THE WORK OF PROJECT MANAGEMENT AGENCY (PMA) FOR ESTABLISHMENT OF RAJIV GANDHI

NATIONAL AVIATION UNIVERSITY (RGNAU)

IMPORTANT DATES

Issue of date of RFP 06.05.2016

Deadline for Questions 16.05.2016 – 4 P.M.

Pre-bid Conference 23.05.2016 – 4 P.M.

Submission dates 13.06.2016 – 3 P.M

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DISCLAIMER The information contained in this Request for Proposal document (“ RFP”) or subsequently provided to Agencies, whether verbally or in documentary or any other form by or on behalf of the Ministry of Civil Aviation, Government of India (hereinafter referred to as MOCA) or any of its employees or advisers, is provided to Agencies on the terms and conditions set out in this RFP and such other terms and conditions subject to which such information is provided. This RFP is not an agreement and is neither an offer nor invitation by MOCA to the prospective Agencies or any other person. The purpose of this RFP is to provide interested parties with information that may be useful to them in the formulation of their Proposals pursuant to this RFP. This RFP includes statements, which reflect various assumptions and assessments arrived at by MOCA in relation to the Consultancy. Such assumptions, assessments and statements do not purport to contain all the information that each Agency may require. This RFP may not be appropriate for all persons, and it is not possible for MOCA, its employees or advisers to consider the objectives, technical expertise and particular needs of each party who reads or uses this RFP. The assumptions, assessments, statements and information contained in this RFP, may not be complete, accurate, adequate or correct. Each Agency should, therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments and information contained in this RFP and obtain independent advice from appropriate sources. Information provided in this RFP to the Agencies is on a wide range of matters, some of which depends upon interpretation of law. The information given is not an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. MOCA accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on the law expressed herein. MOCA, its employees and advisers make no representation or warranty and shall have no liability to any person including any Agency under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the RFP and any assessment, assumption, statement or information contained therein or deemed to form part of this RFP or arising in any way in this Selection Process. MOCA also accepts no liability of any nature whether resulting from negligence or otherwise however caused arising from reliance of any Agency upon the

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statements contained in this RFP. MOCA may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or assumption contained in this RFP. The issue of this RFP does not imply that MOCA is bound to select an Agency or to appoint the Selected Agency, as the case may be, for the Consultancy. MOCA reserves the right to reject all or any of the Proposals without assigning any reasons whatsoever. The Agency shall bear all its costs associated with or relating to the preparation and submission of its Proposal including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by MOCA or any other costs incurred in connection with or relating to its Proposal. All such costs and expenses will remain with the Agency and MOCA shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by an Agency in preparation or submission of the Proposal, regardless of the conduct or outcome of the Selection Process.

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INDEX

S. No. Particulars Page No.

1. Background 5

2. Services required 5

3. Broad Scope of Services 6

4. Delivery Schedule 9

5. Eligibility Criteria 9

6. Pre Bid Conference 10

7. Number of Proposals 11

8. Bid Security 11

9. Terms of Engagement 12

10. Selection Process 12

11. Composition of the team 12

12. Preparation and Submission of the Proposal 14

13. Submission of Proposal 17

14. Conflict of Interest 18

15. Proposal Due Date 19

16. Late Proposals 19

17. Clarifications 19

18. Evaluation Process 19

19. Confidentiality 26

20. Fraud and corrupt practices 26

21. Appointment of Consultant 27

22. Liquidated Damages and Penalties 29

23. Validity of the Proposal 29

24. Right to reject any or all Proposals 30

25. Force Majeure 30

26. Designated Officer 30

27. Appendix -I 32

Appendix-II 46

28. Annexure-I 52

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1. Background

Ministry of Civil Aviation, Government of India is in the process of setting up Rajiv Gandhi National Aviation University (RGNAU) to cater to the growing educational and training requirements of the Civil Aviation sector in its entire dimension. The main objective for setting up the University is to create and disseminate knowledge that facilitates progress and excellence in the field of aviation. The university will be committed to developing technical and managerial manpower to respond to the phenomenal growth of aviation sector in the country. In order to successfully launch the university on time, there are multiple streams of processes that need to be smoothly coordinated, keeping in mind its overall vision. This requires critical project management support based on clear comprehension of the objectives and an understanding of the project challenges and approaches for establishing a world class institution. Union Cabinet has approved setting up of the RGNAU as a Central University at an estimated cost of Rs. 202 Crores in its first phase of implementation. Subsequently, both houses of Parliament have passed the RGNAU bill. With the assent of the President of India, RGNAU stands created (Copy of RGNAU Act is available in the Website of MoCA). Tasks before Ministry of Civil Aviation (MoCA) relate to implementation. Of the many aspects of implementation, the following tasks have been completed by MoCA:

The post of Vice Chancellor (VC) has been created and the Search-cum-Selection Committee for selection of VC has been constituted. The process of selection of VC is underway.

The Post of Project Director(PD) has been created and Ministry of Personnel & Training is in the process of Selecting a suitable candidate

Fund has been established for setting up of RGNAU with an appropriate Budget Head at MoCA

Airports Authority of India (AAI) has been assigned the task of construction of buildings and other associated infrastructure for the University Campus at IGRUA complex, Fursatganj

AAI has also awarded the work relating to Package 1 comprising of Administrative Block, Academic Block, Hostel Block etc to M/s KSM Bashir Mohammad and Sons, Lucknow on 14th August 2013

There are several implementation tracks involved in setting up RGNAU

which include Governance, Finance, Academic, Infrastructure, Admissions, Technology and Administration.

2. Services required

MOCA, invites Request for Proposal (RFP-for short) from Agencies who possess requisite experience and capabilities required for undertaking this

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consultancy either individually (Company or LLP) in response to this invitation. The term Agency means the Company or LLP as the case may be. The RFP is for the selection of an Agency to, inter alia, advise MOCA and render services under the difference modules covered under Scope of Work (collectively the ‘Consultancy’):

i. Executive Module ii. Operations Module iii. Collaborations Module iv. Infrastructure module

The agency will primarily operate from Fursatganj, Rae Bareilly, UP but also from Delhi, as per requirement and need. 3. Broad Scope of Services

a) Consultant shall provide implementation assistance services by setting up a Project Management Team with track leads supporting the Steering Committee of MoCA/V.C./P.D. in the launch of RGNAU. Also, the PMA shall assist in building capability in various streams of activities to the internal teams of RGNAU.

b) The tracks of execution are to be identified (the outcome of the MoCA workshop held in March 2015 may be referred in this regard) can be categorized into five modules as below. The Consultant shall assist in the implementation of these modules. An implementation schedule will be finalised within a month.

I. Executive Module a) Document best practices and assist in preparation of RGNAU Regulations

and Ordinances. b) Assist Steering Committee in its functioning by gathering information, and

analysis of data required for informed decision making c) Assist in formation of Executive Council and in its meetings d) Assist the VC/Steering Committee/EC/Project Director/MoCA in the

selection and appointment of key officers such as Deans, Registrar, Finance Officer, Controller of Examinations etc., in accordance with Statutes/Regulations/Ordinances.

e) Coordinate with external agencies/ consultants for timely execution of all activities. The consultant shall monitor the project implementation status, pre-empting delays/complications that may arise and provide suitable responses.

II. Operations Module

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a) Assistance to the VC/Steering Committee/EC/Project Director (PD) in establishment and usage of University Fund as per Statutes, Regulations, Ordinances etc.

b) Assistance to VC/Steering Committee/EC/PD/Finance Officer of RGNAU in drafting and implementing funding strategy for RGNAU including assistance in preparation of annual budget and obtaining government grants.

c) Facilitate interaction with the industry and funding agencies for fund generation.

d) Research and recommend best practices for definition of finance, accounting, HR, administration, marketing and PR.

e) Research and recommend best practices for staff and student policies and procedures of the RGNAU and assist its authorities in drafting the policies of University.

f) Assist RGNAU in developing and implementing student selection process required for first year operations

g) Assist Faculty Search Committee and authorities of RGNAU in developing strategy for attracting the best faculty, identifying and recruiting key faculty required in first year. The PMA is also required to define faculty recruitment processes.

h) Assist the Steering Committee in the constitution of Academic Council and in designing academic policies of the University and passing of relevant ordinances

i) Assist RGNAU Academic Council in design/finalization of programs to be rolled out in launch year, including doctoral programs and identification of cutting edge research areas by facilitating discussions with industry and other universities. Assistance is also required in seeking industry validation on the program design and share inputs with the Academic Council

j) Assist in identification and finalization of learning resources/lab equipments required

k) Assist the Academic Council in the conduct of admission process through a merit based selection process

l) Assist in the development of RGNAU website m) Assist in designing performance parameters to monitor the development and

performance of the University n) Assist in preparing an International level research wing in the field of

aviation. o) Assist in identifying minimum requirements to meet accreditation standards

and ensuring quality educational services towards that end. The Consultant should also identify and assist in communication with accreditation boards such as National Board of Accreditation (NBA) and other national and international accreditation boards for technical and management courses.

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III. Collaborations Module a) Support Academia-Industry interaction improvement for RGNAU and

define the objectives and tasks for such interaction. b) Assist Steering Committee and authorities of RGNAU in identifying and

signing of MoUs with key Indian and International aviation companies for development of RGNAU in areas of academics, research, faculty sourcing etc.

c) Assist Steering Committee and authorities of RGNAU in identifying and selecting appropriate international/ Indian university partner(s) and signing of MoUs/ contracts in areas of adjunct/ visiting faculty, research, joint-programs etc.

d) Provide coordination support between RGNAU and other collaborating institutions (partner universities and aviation companies), till the launch of RGNAU operations

e) Support RGNAU in improving placement coordination scope by assisting in activities pertaining to campus recruitment for student placements, arranging an exhaustive database of employers and their contacts, especially the Indian aviation industry.

f) To assist in forging successful relationship between the University & Community Partners.

IV. Infrastructure module a) Assist Steering Committee of MoCA and authorities of RGNAU in

development of interim/ permanent physical infrastructure till RGNAU launch.

b) Monitoring progress and sequence of works of various agencies which may include joint preparation of construction schedules

c) Appraise Steering Committee of MoCA and authorities on RGNAU of the progress/activities of the project on a monthly basis by preparing and submitting reports as under and holding project review meetings as necessary:

Current works on hand

Progress of works agency-wise

Progress of project at a glance

Financial progress, targeted and achieved and reasons for variation if any

Forecast of major activities

Preparation of final report on infrastructure created which has all technical and financial information of the project

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d) Assist in the IT infrastructure creation, maintenance and development and in designing of University wide IT development and usage policy.

e) Assist in monitoring the progress of internal furnishing and fitouts of the Academic and Hostel blocks of the RGNAU.

4. Delivery Schedule Upon successful acceptance of the RFP, the Selected Agency shall accomplish

the tasks mentioned in para-2 above within 24 months from the date of award of the Consultancy. A list of tentative deliverables is attached at Annexure-I

The implementation schedule with milestones for each of the above modules will be finalized within one month of the consultancy being awarded the jobs of PMA in consultation with MoCA and the Vice Chancellor of NAU. All modules will then be accordingly implemented as per this schedule but within a period of remaining 23 months.

The specific activities to be taken up on priority each month will be decided in consultation with the VC / Steering Committee. Priorities change based on macro-economic developments, new regulations, availability of funds and stakeholder feedback etc. The Consultant should react quickly to such stimuli and re-prioritize deliverables in consultation with the VC / Steering Committee. PMA will submit a progress report monthly or as per requirement duly signed by Authorized Signatory/ Team Leader in both soft and hard format.

5. Eligibility criteria 5.1 Ministry of Civil Aviation (Government of India) reserves its right to subject the bidders to security clearances as it deems necessary 5.2 The Bidder should satisfy all of the criteria below on its own: 5.2.1 The Bidder should be a company registered under Indian Companies Act 1956 or a firm registered under Limited Liability Partnership (registered under LLP Act, 2008). The Institution/ Consulting Firm should have been in existence for a minimum of Seven (7) years in India. Consortium of Institutions/ Consulting Firms will not be allowed 5.2.2 The bidder’s turnover from consultancy in India should not be less than Rs. Twenty (20) crore in each of the last three financial years. 5.2.3 The bidder must have experience of assisting in establishment of at least one higher educational institute/university as a project management/ monitoring agency. Experience in establishment of Central Universities and institutes of national importance would be given weightage while evaluating the bid. Only

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Project Citations completed / started in the last 5 financial years (2010-11 to 2014-15) will be considered for evaluation. 5.2.4 The bidder should not have been blacklisted by any Central/State Government institution. An undertaking (self-certificate) that the bidder hasn’t been blacklisted by a central/state Government institution must be submitted. 5.2.5 The Bidder should not have its affairs administered by a court or a judicial officer; 5.2.6 The Bidder should not have its business activities suspended; and 5.2.7 The Bidder should not be subject to any legal proceedings for any of the foregoing reasons; 6. Pre Bid Conference 6.1. A Pre-Bid conference shall be convened at the Conference Room, 2nd Floor, “B” Block, Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi 110003, on 23.05.2016 at 4 P.M. A maximum of three representatives of each Agency shall be allowed to participate in the Pre-Bid Conference. The Agencies shall send their queries to the designated office by fax / email along with the details of the representatives attending the Pre Bid conference latest by 4 P.M. on 16.05.2016. The queries shall be sent in the format below. The document type for the queries shall be Microsoft Word 2007 & above.

Query No

RFP Section

No. Name Text requiring Bidders Clarification Query

6.2. A single query list only shall be accepted from a bidder. The queries must reach the designated office of MoCA by the scheduled time. MoCA, may decide not to have the Pre-Bid conference if it is able to resolve the queries otherwise. In such a case, the clarifications shall be sent to the Agencies electronically. During the course of Pre-Bid conference, the Bidders will be free to seek clarifications and make suggestions for consideration of the MoCA. MoCA shall endeavor to provide clarifications and such further information as it may, in its sole discretion, consider appropriate for facilitating a fair, transparent and competitive Bidding

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Process. 7. Number of Proposals

Each Agency shall submit only One (1) proposal in response to this RFP. An Agency who submits more than one proposal shall be disqualified. 8. Bid Security 8.1. The Agency shall submit, along with their bids a Bid Security of Rupees One Lakh (Rs. 1,00,000/-) only in the form of a Demand Draft issued by a Nationalised Bank in India in favour of the “PAO, Secretariat, Ministry of Civil Aviation” payable at New Delhi. Bid Security in any other form shall not be entertained. The bid security shall be returned at the earliest without interest after finalization of tendering process, except in case of the highest ranked Agencies as required in Clause 21.1. The Selected Agency’s Bid Security shall be returned, upon the Agency signing the Agreement and completing the Deliverables assigned to it for the first 2 (two) months of the Consultancy in accordance with the provisions thereof. 8.2 Any proposal not accompanied by the Bid Security shall be rejected by the MOCA as non-responsive. 8.3 MOCA shall not be liable to pay any interest on the Bid Security and the same shall be interest free. 8.4 The Agency, by submitting its proposal pursuant to this RFP, shall be deemed to have acknowledged that without prejudice to MOCA’s any other right or remedy hereunder or in law or otherwise, the Bid Security shall be forfeited and appropriated by MOCA as the mutually agreed pre-estimated compensation and damage payable to MOCA for, inter alia, the time, cost and effort of MOCA in regard to the RFP including the consideration and evaluation of the Proposal under the following conditions:

(a) If an Agency submits a non-responsive Proposal; (b) If an Agency withdraws its Proposal during the period of its validity as

specified in this RFP and as extended by the Agency from time to time; (c) In the case of the Selected Agency, if the Agency fails to reconfirm its

commitments during negotiations as required vide Clause 21.1; (d) In the case of a Selected Agency, if the Agency fails to sign the Agreement

or commence the assignment as specified in Clauses 21.4 and 21.5 respectively; or

(e) If the Agency is found to have a Conflict of Interest as specified in Clause 14.

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9. Terms of Engagement The initial engagement period will be for 24 months (the “Contract”). The engagement may be terminated on a notice period of three months by either party. In the event of satisfactory completion of the assignment, the engagement can be extended by mutual consent upto another 6 months and the payment would be made on pro-rata basis depending on the number of months of extension. 10. Selection Process

MOCA would adopt a two stage selection process (collectively the “Selection Process”) in evaluating the Proposals comprising Technical and Financial Bids to be submitted in two separate sealed envelopes. In the first stage, a technical evaluation shall be carried out as specified in Clause 18.6. Based on this technical evaluation, a list of short-listed Agencies shall be prepared whose financials bids shall be opened for final selection of the Agency. The first ranked Agency shall enter into an agreement with the Government in the form of MOU (hereinafter the “Selected Agency”).

11. Composition of the team 11.1 Key personnel

The Agency shall be required to inter alia, offer a team of two experts to lead the assignment. The team shall consist of the following key personnel for discharge of responsibilities as specified below:

Key Personnel Responsibilities

Sector Experts ( 2 experts including team leader)

The sector experts will bring in experience in Higher Education, Aviation, Finance, Legal, Infrastructure, Marketing, HR, Branding & Collaboration, and Institution building to the team and be responsible individually for work relating to their respective field of expertise.

Support team of consultants and , other staff) (at least 6)

The supporting team should have adequate educational qualifications in one of the above sectors as well as working experience of secretariat- work.

The composition of the team should be adequate to ensure that prerequisite skills

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are available to provide all the outputs required from the assignment within the timeframe prescribed. 11.1.2 As mentioned, the Agency would be required to deploy an appropriate team of Consultants. CVs shall be furnished in respect all the experts and team of consultants proposed for the PMA. 11.1.3 The key personnel are required to be available for the entire period of the assignment. However, in case of replacement of expert(s), the Agency will make the replacement with an expert of equivalent or higher qualifications and experience. To facilitate knowledge transfer, the Agency will ensure that there is at least a 14 day overlap between the existing expert and the replacement expert. The decision of Ministry shall be final and binding in the matter of replacement of experts or placement of additional experts, irrespective of the fact that an expert may be replaced by a person with higher qualifications and / or experience. 11.1.4 At the technical evaluation stage, weightage will be given to higher qualifications, educational background from reputed institutions like IITs/IIMs and range of relevant assignments handled. Weightage in technical evaluation will also be given to prior experience in working in similar projects.

11.2 Conditions of Eligibility for Key Personnel for PMA 11.2.1 Availability of Key Personnel: The proposed Experts must be the employees of the Agency. It shall offer the services of only those Key Personnel who fulfil the eligibility requirements specified in the table given at Clause 11.2.2. 11.2.2 Eligibility criteria for Key Personnel: Each of the Key Personnel must fulfill the eligibility criteria specified here in below:

Key

Personnel

Length of

Professional

Experience

Experience in Eligible Assignments

1. Programme

Management and

Implementation

(Team Leader)

7years Should have experience of Project

Management Planning and Execution in

totality (Finance, Marketing, IT field etc.)

2. Civil Aviation

and education &

Training related

to Civil Aviation

7 years Should have a good understanding of the

aviation sector & preferably have

experience in designing Aviation related

education/training module/programs.

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Key Personnel proposed should have good command over written and oral

English.

11.3 Eligibility of Support Team: The Support Team should have basic

understanding of aviation and education sectors and a working knowledge of

Secretariat work.

12. Preparation and Submission of the Proposal

12.1 Language The Proposal with all accompanying documents (the “Documents”) and all communications in relation to or concerning the Selection Process shall be in English language and strictly on the forms provided in this RFP. No supporting document or printed literature shall be submitted with the Proposal unless specifically asked for and in case any of these Documents is in another language, it must be accompanied by an accurate translation of the relevant passages in English, duly authenticated and certified by the Agency. For the purpose of interpretation and evaluation of the Proposal, the translation in English shall prevail. 12.2 Format and signing of Proposal 12.2.1 The Agency shall provide all the information sought under this RFP. MOCA would evaluate only those Proposals that are received in the specified forms and complete in all respects. 12.2.2 The Agency shall prepare one original set of the Technical Proposal (together with originals/ copies of Documents required to be submitted along therewith pursuant to this RFP) and clearly marked “ORIGINAL”. In addition, the Agency shall submit 2 (two) copies of the Technical Proposal, along with documents, marked “COPY”. In the event of any discrepancy between the original and its copies, the original shall prevail. It is clarified that the Technical Proposal marked “ORIGINAL” only shall be considered for the purpose of scrutiny and evaluation. 12.2.3 The Proposal marked “ORIGINAL” shall be typed or written in indelible ink and signed by the authorised signatory of the Agency who shall 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 Proposal shall be initialed by the person(s) signing the Proposal. The Proposals must be properly signed by the authorized representative (the “Authorised Representative”) as detailed below:

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(a) by the proprietor, in case of a proprietary firm; or (b) by a partner, in case of a limited liability partnership; or (c) by a duly authorised person holding the Power of Attorney, in case of a

Limited Company or a corporation; or

12.2.4 A copy of the Power of Attorney certified under the hands of a partner or director of the Applicant and notarised by a notary public in the form specified in Appendix-I (Form-5) shall accompany the Proposal. 12.2.5 Agencies should note the Proposal Due Date, as specified in Clause 15 for submission of Proposals. Except as specifically provided in this RFP, no irrelevant material will be entertained by MOCA, and that evaluation will be carried out only on the basis of relevant Documents received by the closing time of Proposal Due Date as specified in. Unsolicited material if submitted will be summarily rejected. 12.2.6 For avoidance of doubts, Agencies may be asked to provide additional material information or documents subsequent to the date of submission. MOCA reserves the right to seek clarifications under and in accordance with the provisions of Clause 17. 12.3 Applicants/Bidders are required to submit Technical Proposal and Financial Proposal separately as specified below: 12.3.1 Technical Proposal Agencies shall submit the technical proposal in the formats at Appendix-I (the “Technical Proposal”). While submitting the Technical Proposal, the Applicant shall, in particular, ensure that:

a) All forms are submitted in the prescribed formats and are signed by the prescribed signatories;

b) The Bid Security is provided as per Clause 8;

c) Power of Attorney as specified in Form-5, Appendix-I, is executed as per

Applicable Laws;

d) CVs of all Key Personnel have been included;

e) Key Personnel have been proposed only if they meet the Conditions of Eligibility laid down at Clause 11.2.1 and 11.2.2 of the RFP;

f) No alternative proposal for any Key Personnel is being made and only one

CV for each position has been furnished;

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g) The CVs have been signed and dated in blue ink by the respective Personnel

and countersigned by the Agency. Photocopy or unsigned /countersigned CVs shall be rejected;

h) the Agency shall provide an undertaking from the respective Key Personnel

about his/her availability for the duration specified in the RFP;

i) Key Personnel would be available for the entire period of the assignment including the Hand holding period;

j) the proposal is responsive in terms of Clause 18.3

12.3.2 Failure to comply with the requirements spelt out in this Clause 12.3.1 shall make the Proposal liable to be rejected. 12.3.3 If Company/LLP makes a false averment regarding qualification, experience or other particulars, or commitment regarding availability of Key Personnel for the Project is not fulfilled at any stage after signing of the Agreement, they shall be liable to be debarred for any future assignment of MOCA for a period of 5 (five) years. The award of this consultancy to the Agency may also be liable to cancellation in such an event. 12.3.4 The Technical Proposal shall not include any financial information relating to the Financial Proposal. 12.3.5 The MOCA reserves the right to verify all statements, information and documents, submitted by the Agency in response to the RFP. Any such verification or the lack of such verification by the MOCA to undertake such verification shall not relieve the Agency of its obligations or liabilities hereunder nor will it affect any rights of the MOCA there under. 12.3.6 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, that one or more of the eligibility conditions have not been met by the Agency or the Agency has made material misrepresentation or has given any materially incorrect or false information, the Agency shall be disqualified forthwith if not yet appointed as the Consultant either by issue of the Letter of Award (LOA) or entering into of the Agreement, and if the Selected Agency 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 MOCA without MOCA being liable in any manner whatsoever to the Agency or Consultant, as the case may be. In such an event, the MOCA shall forfeit and appropriate the Bid Security as mutually

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agreed pre-estimated compensation and damages payable to the MOCA for, inter alia, time, cost and effort of MOCA, without prejudice to any other right orremedy that may be available to MOCA. 12.4 Financial Proposal 12.4.1 The Agencies /Bidder shall submit the Financial Proposal in the formats at Appendix-II, Form 1 clearly indicating the total cost of the Consultancy assignment in both figures and words, in Indian Rupees, and signed by the Applicant’s authorised signatory. In the event of any difference between figures and words, the amount indicated in words shall be considered for evaluation. In the event of a difference between the arithmetic total and the total shown in the Financial Bid, the lower of the two shall be taken into account. While submitting the Financial Bid, the Applicant/Bidder shall ensure the following:

(i) The lump sum professional fee quoted in the Financial Bid shall be inclusive of all costs associated with the assignment and shall cover remuneration for all the Personnel, work space, travel allowance, equipment, printing of documents, surveys etc. The Financial Bid shall be unconditional, unqualified and shall be final and binding.

(ii) The lump sum professional fee quoted in the Financial Bid shall be inclusive

of all statutory tax liabilities and expenses. Further, all payments shall be subject to deduction of taxes at source as per applicable laws.

13. Submission of Proposal 13.1. The Agencies shall submit the Proposal in hard bound form with all pages numbered serially and by giving an index of submissions. Each page of the submission shall be initialed by the Authorized Representative of the Agency as per the terms of the RFP. 13.2. In case the proposal is submitted on the document down loaded from Official Website, the Agency shall be responsible for its accuracy and correctness as per the version uploaded by the MOCA and shall ensure that there are no changes caused in the content of the downloaded document. In case of any discrepancy between the downloaded or photocopied version of the RFP and the original RFP issued by MOCA, the latter shall prevail. 13.3. The Proposal shall be sealed in an outer envelope which should bear the address of the MOCA, RFP Number, Consultancy Name, Name and address of the Agency. If the envelope is not sealed and marked as instructed herein, MOCA assumes no responsibility for the misplacement or premature opening of the contents of the Proposal submitted and consequent losses, if any, suffered by the

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Agency. 13.4. The aforesaid outer envelope should contain two separate sealed envelopes; one clearly marked ‘Technical Proposal’ and the other clearly marked ‘Financial Proposal’. 13.4.1. The envelope marked “Technical Proposal” shall contain: Application in the prescribed format (Form-1 of Appendix-I) along with all Forms 2 to 8 of Appendix-I and supporting documents; and Bid security as specified in Clause 8. 13.4.2. The envelope marked “Financial Proposal” shall contain the financial proposal in the prescribed format (Forms 1 and 2 of Appendix-II). 13.5. The Technical Proposal and Financial Proposal shall be typed or written in indelible ink and signed by the Authorised Representative of the Agency. All pages of the Technical Proposal (marked ‘ORIGINAL’) and Financial Proposal must be numbered and initialed by the person or persons signing the Proposal. 13.6. The completed Proposal must be delivered on or before the specified time on Proposal Due Date. Proposals submitted by fax, telex, telegram or e-mail shall not be entertained. The Proposal shall be made in the Forms specified in this RFP. Any attachment to such Forms must be provided on separate sheets of paper and only information that is directly relevant should be provided. This may include photocopies of the relevant pages of printed documents. The documents already submitted along with EOI need not to be submitted again. 14. Conflict of Interest 14.1. MOCA requires the Consultant to provide professional, objective and impartial advice and at all times hold MOCA’s interests paramount and avoid conflict of interest with any other assignment. Without limitation on the generality of conflict of interest the Consultant or any of their associates shall not take up any assignment that by its nature will result in conflict with present assignment. 14.2. Any Agency found to have a Conflict of Interest shall be disqualified. In the event of disqualification, MOCA shall forfeit and appropriate the Bid Security as mutually agreed genuine pre-estimated compensation and damages payable to the MOCA for, inter alia, the time, cost and effort of MOCA including consideration of such Agency’s Proposal, without prejudice to any other right or remedy that may be available to the MOCA hereunder or otherwise.

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15. Proposal Due Date The Proposal should be submitted at or before 1500 hrs on 13.06.2016 at the designated address in the manner and form as detailed in this RFP. MOCA may, in its sole discretion, extend the Proposal Due Date by issuing an Addendum. 16. Late Proposals Proposals received by MOCA after the specified time on Proposal Due Date shall not be eligible for consideration and shall be summarily rejected. 17. Clarifications 17.1 To facilitate evaluation of Proposals, MOCA may, at its sole discretion, seek clarifications from any Agency regarding its Proposal. Such clarification(s) shall be provided within the time specified by MOCA for this purpose. Any request for clarification(s) and all clarification(s) in response thereto shall be in writing. 17.2 If an Agency does not provide clarifications sought under Clause 17.1 above within the specified time, its Proposal shall be liable to be rejected. In case the Proposal is not rejected, MOCA may proceed to evaluate the Proposal by construing the particulars requiring clarification to the best of its understanding, and the Agency shall be barred from subsequently questioning such interpretation of the MOCA. 18. Evaluation Process 18.1 Evaluation of Proposals – The Proposals shall be opened at 1600 hours on the Proposal Due Date, at Room No.61, ‘B’ Block, Rajiv Gandhi Bhawan, New Delhi 110 003, in the presence of the Agencies who choose to attend. The envelopes marked “Technical Proposal” shall be opened first. The envelopes marked “Financial Proposal” shall be kept sealed for opening at a later date. In case of any holiday on the bid opening date, it will be opened on the next working day at the same time and the same venue. 18.2Prior to evaluation of Proposals, MOCA shall determine whether each Proposal is responsive to the requirements of the RFP. MOCA may, reject any Proposal that is not responsive hereunder. A Proposal shall be considered responsive only if:

a) the Technical Proposal is received in the form specified at Appendix-I, with three Copies, one marked “ORIGINAL” and two marked as “COPY”;

b) it is received by the Proposal Due Date including any extension thereof

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pursuant to Clause 15;

c) it is accompanied by the Bid Security as specified in Clause 8.

d) it is signed, sealed, bound together in hard cover and marked as stipulated in Clauses 12.2 and 13;

e) it is accompanied by the Power of Attorney as specified in Form-5, Appendix-I;

f) it contains all the information (complete in all respects) as requested in the RFP;

h) it does not contain any condition or qualification; and

i) it is not non-responsive in terms hereof. 18.3MOCA reserves the right to reject any Proposal which is non-responsive and no request for alteration, modification, substitution or withdrawal shall be entertained by MOCA in respect of such Proposals. 18.4 MOCA shall subsequently examine and evaluate each of the proposals. The date of technical evaluation of the proposals will be conveyed later after the presentation to be made by the Agency(s) on the Approach and Methodology. The presentation shall be held in the conference hall, ‘B’ Block, Rajiv Gandhi Bhawan, Safdarjung, New Delhi 110 003, date and time of which will be conveyed later. 18.5 Team Composition and Experience of Experts 18.5.1 The Agency shall provide details of the experts proposed to be deployed. Agencies, who offer to provide more than one expert for one or more sectors, shall clearly specify the sector expert who should be evaluated for the purpose of Technical Evaluation. Such Agency, if successful, shall be bound to provide the services of the additional sector expert(s) to MOCA at no additional cost or liability whatsoever. 18.5.2 The Curriculum Vitae (CV) of each expert proposed to be deployed for the assignment shall be given. 18.5.3 The Ministry would evaluate each member proposed to be deployed based on their qualifications, experience etc, and assign score for every applicant based on its evaluation (Participation in projects/ assignments specifically relating to the aviation sector would be given preference and higher weightage).

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18.5.4. The presentation shall be made by the Authorised Signatory and/or the Team Leader. The presentation should clearly bring out the understanding of the Agency with regard to the requirements of MOCA and concisely present the approach and methodology proposed to be followed for the successful completion of the assignment. The presentation should, normally, not exceed a time limit of twenty minutes. The presentation shall be held in the Conference hall, “B” Block, Rajiv Gandhi Bhawan, Safdarjung, New Delhi 110 003 the date and time will be conveyed later. 18.6 Technical Proposal Evaluation 18.6.1. The maximum achievable total technical score for any applicant would be 100 marks. A minimum of 70% marks is necessary for qualifying in the Technical Bid. The applicants would be ranked based on the technical score obtained. 18.6.2 The scoring criteria to be used for Technical evaluation shall be as follows:

S.

No.

Evaluation Criteria

Maximum

Weightage

Definition Criteria for

marking

Marks

distri-

bution

1. Profile of the

Consulting Firm

20 marks

Experience of the firm in

setting up/associated

substantially in redevelopment

or restructuring including

monitoring and implementation

of a Central University or

Institute of National

importance or an academic

institute in Aviation Education

/Training

Experience in setting

up a Aviation

University/Central

University/ Institute

of National

Importance (E.g..

IIT/IIM etc.)

20

Experience in

setting up of a

reputed Educational

Institute at National

or State level

11-15

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Experience of

setting up of any

other Educational

Institute

0-7

2. Details of Team

Leader and

Aviation/Aviation

Education Expert

Person/s with

relevant experience

in Project

Management and

Aviation/ Aviation

Education Sector

40 Marks=

Academic

Background-10

Marks +

Past Experience-30

Marks

The team should

be led by a Team

Leader with top

Academic

Credential and

proven track

record.

Aviation Expert

should have a

good

understanding of

the aviation

sector preferably

in the area of

education &

training in civil

aviation. (CVs of

the Team Leader

and Aviation

Expert as per the

format attached

in Appendix-I

Form 7)

Academic

Credential

Max. 10

Marks

Academic

Credentials from a

reputed

Educational

Institution like IIT

and IIM

10

Other Educational

Institution

1-5

Past

Experience

-30 Marks

Team Leader/

Sector Expert have

the knowledge/

experience of

Project

Management,

Planning,

Execution in

totality in setting

up of a

Aviation/Central

University/

Institute of

National

Importance (E.g.

AIIMS/IIT/IIM)

30

Reputed

Educational

Institute at

National or State

level

11-20

any other

educational

institute

0-10

3.

Details of support

team

15 Marks=

Educational

Qualification-10

The Support

team should be

capable of

excellent support

to the Key

Experts in

Educational

Qualification

- 10 Marks

MBA/B.Tech from

IIM/IIT or

Bachelors from a

reputed Institution/

University (2 or

more)

8-10

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Marks+

Experience-5

Marks

achieving on time

deliverables and

should have good

educational

qualifications,

skills and

experience for

this.( As per the

format attached

in Appendix-I

Form 6)

MBA/B.Tech/BE/

BA/B.Sc. from any

other institute

1-4

Experience-

5 marks

Management of

educational

projects

4-5

Other Projects 1-3

4. Methodology of

Execution

Capability and

Technical ability

25 Marks*

* Based on the

presentation by the

Company

Understanding of the project

and knowledge of issues

relating to the creation of

National Aviation University.

Description of the project

management methodology,

work plan describing

processes, key activities,

approach to research,

consultations etc.

Understanding of

TOR

10

Approach,

methodology and

work plan

15

Total Score/

points =100

Note: The Ministry will not reimburse any expenses incurred by the applicant

towards preparation of the tender document, traveling cost, boarding and lodging

incurred for attending any pre-bid/bid meeting or visiting the Ministry’s office for

making the presentation. The Ministry shall, in no case, be responsible or liable for

any such costs whatsoever, regardless of the outcome of the tender process.

18.6.3 The total technical score would be an arithmetic sum of scores obtained by the Agency for each of the parameter indicated above viz. experience of the Agency, qualification of and relevant experience of the experts and approach methodology proposed by the Agency etc. The maximum achievable total technical score for any Agency would be 100 marks. 18.7 Financial Bid 18.7.1 The Agencies which secure the minimum score of 70, shall qualify for opening the financial bids. 18.7.2 Financial bids of the firms who do not qualify shall be returned, unopened.

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18.7.3 After the technical evaluation, MOCA shall prepare a list of the shortlisted Agencies for opening of their Financial Bid. A date, time and venue will be notified to the shortlisted Agencies for announcing the result of evaluation and opening of Financial Proposals. Before opening of the Financial Proposals, the Technical Score of the shortlisted Agencies shall be read out. The opening of Financial Bids/Proposals shall be done in presence of representatives of Agencies who choose to be present. The Selected/shortlisted bidders will be required to make a detailed presentation on how the financial quote was arrived at. 18.7.4 MOCA will not entertain any query or clarification from Agencies who fail to qualify at any stage of the Selection Process. 18.7.5 Agencies are advised that selection of the successful Agency will be entirely at the discretion of the MOCA. Agencies will be deemed to have understood and agreed that no explanation or justification on any aspect of the Selection Process or Selection will be given. Any information contained in the Proposal shall not in any way be construed as binding on the MOCA, its agents, successors or assigns, but shall be binding against the Agency if the Consultancy is subsequently awarded to it. 18.7.6 Financial Bid will be evaluated based upon the lowest cost to complete the project as mentioned in RFP document. 18.8 Final Evaluation of Bids 18.8.1 Final selection of the agency will be based on combined weightage for technical (75%) and financial (25%) bids. Each Technical and Financial Proposal will be assigned a technical score (ST) and financial score (SF), respectively. The Ministry will determine whether the Financial Proposals are complete, unqualified and unconditional. The Financial Bid will be opened & ranked, only in case of (eligible successful Technical bide). The cost indicated in the Financial Proposal shall be deemed as final and reflecting the total cost of services. Omissions, if any, in costing any item shall not entitle the firm to be compensated and the liability to fulfill its obligations as per the TOR within the total quoted price shall be that of the Agency. (a) The lowest financial proposal (FM) will be given a financial score (SF)

of 100 points.

The financial scores of other proposals will be computed as follows:

SF = 100 x FM/F

(SF = Financial score of the proposal under consideration) (FM = Amount of lowest financial proposal)

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(F = amount of Financial Proposal)

(b) Combined Technical and Final Evaluation

Proposals will finally be ranked according to their combined technical (ST)

and financial (SF) scores as follows:

S = ST x Tw + SF x Fw

(Where S is the combined score, and Tw and Fw are weights assigned to Technical

Proposal and Financial Proposal that shall be 0.75 and 0.25 respectively.)

The Selected Agency shall be the first ranked Agency (having the highest

combined score) who will enter into an agreement with the Government in the

form of MOU before the commencement of evaluation study.

18.8.2The selected consultant shall be paid professional fees for the services which

shall be linked to milestone achievements as indicated below:

S. No. Description of Deliverables % of the professional fee payable

1. Signing of the Contract between MoCA and PMA

10%

2. Preparation of implementation strategy 10%

3. Payment for the 1st Quarter 10%

4. Payment for the 2nd Quarter 10%

5. Payment for the 3rd Quarter 10%

6. Payment for the 4th Quarter 10%





18.8.3 The payment for each quarter will be subject to fulfillment of deliverables for that quarter, based on the assessment for that quarter by the VC/Steering Committee/MoCA and also on the full time availability of all persons in the Team including Support team. Bid Security will be released on completion of entire work and satisfaction of Steering Committee. 18.8.4 No foreign exchange, or any license, therefore, shall be provided to the Agency. Payment shall be made only in Indian Rupees. 18.8.5 In the event of delay caused due to reasons beyond the control of the Consultant, MOCA may, in its sole discretion, consider granting of appropriate extension of time.

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18.8.6 No interest whatsoever shall be payable for delay, non-release of payments. 19. Confidentiality

Information relating to the examination, clarification, evaluation, and recommendation for the selection of Agencies shall not be disclosed to any person who is not officially concerned with the process or is not a retained professional adviser advising the MOCA in relation to matters arising out of, or concerning the Selection Process. MOCA will treat all information, submitted as part of the Proposal, in confidence and will require all those who have access to such material to treat the same in confidence. MOCA 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.

20. Fraud and corrupt practices 20.1 The Applicants and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Selection Process. Notwithstanding anything to the contrary contained in this RFQ – cum - RFP, the Client (MOCA) will reject a Proposal without being liable in any manner whatsoever to the Applicant, if it determines that the Applicant has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice (collectively the “Prohibited Practices”) in the Selection Process. In such an event, the Client will, without prejudice to its any other rights or remedies, forfeit and appropriate the Earnest Money Deposit, as mutually agreed genuine pre-estimated compensation and damages payable to the Client for, inter alia, time, cost and effort of the Client, in regard to this RFP, including consideration and evaluation of such Applicant’s Proposal. 20.2 Without prejudice to the rights of the Client under this Clause, hereinabove and the rights and remedies which the Client may have under the work order or the Agreement, if an Applicant or Agency, as the case may be, is found by the Client to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Selection Process, or after the issue of the work order or the execution of the Agreement, such Applicant or Agency shall not be eligible to participate in any tender or RFQ – cum - RFP issued by the Client during a period of 2 (two) years from the date such Applicant or Agency, as the case may be, is found by the Client to have directly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as the case may be.

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20.3 For the purposes of this Clause, the following terms shall have the meaning here in after respectively assigned to them: 20.3.1 “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of any person connected with the Selection Process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the Client who is or has been associated in any manner, directly or indirectly with the Selection Process or the work order 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 Client, shall be deemed to constitute influencing the actions of a person connected with the Selection Process; or (ii) save as provided herein, engaging in any manner whatsoever, whether during the Selection Process or after the issue of the work order or after the execution of the Agreement, as the case may be, any person in respect of any matter relating to the Project or the work order or the Agreement, who at any time has been or is a legal, financial or technical consultant/ adviser of the Client in relation to any matter concerning the Project; a) “fraudulent practice” means a misrepresentation or omission of facts or

disclosure of incomplete facts, in order to influence the Selection Process; b) “coercive practice” means impairing or harming or threatening to impair or

harm, directly or indirectly, any persons or property to influence any person’s participation or action in the Selection Process;

c) “undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by the Client with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Selection Process; or (ii) having a Conflict of Interest; and

d) “restrictive practice” means forming a cartel or arriving at any understanding arrangement among Applicants with the objective of restricting or manipulating full and fair competition in the Selection Process

21. Appointment of Consultant 21.1 Negotiations 21.1.1. The Selected Agency may, if necessary, be invited by MOCA for negotiations. The negotiations could be for reducing the price of the Proposal from the selected Agency under this RFP. Issues such as deployment of Key Personnel, understanding of the RFP, methodology and quality of the work plan may be discussed during negotiations. 21.2 Substitution of Key Personnel and supporting staff

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21.2.1. MOCA expects both the Experts and supporting team to be available during the entire period of implementation of the Agreement. MOCA will not normally consider any request of the Selected Agency for substitution of Expert(s) or supporting team as the ranking of the Agency is based on the evaluation of Expert(s) and supporting team and any change therein may upset the ranking. Substitution will, however, be permitted if the Expert(s) and supporting team is not available for reasons of any incapacity or due to health, subject to equally or better qualified and experienced personnel being provided to the satisfaction of MOCA. 21.3. Award of Consultancy After selection, a Letter of Award (the “ LOA”) shall be issued, in duplicate, by the MOCA to the Selected Agency and the Selected Agency shall, within 7 (seven) days of the receipt of the LOA, sign and return the duplicate copy of the LOA in acknowledgement thereof. In the event the duplicate copy of the LOA duly signed by the Selected Agency is not received by the stipulated date, MOCA may, unless it consents to extension of time for submission thereof, appropriate the Bid Security of such Agency as mutually agreed genuine pre-estimated loss and damage suffered by MOCA on account of failure of the Selected Agency to acknowledge the LOA. 21.4 Execution of Agreement After acknowledgement of the LOA as aforesaid by the Selected Agency, it shall execute the Agreement within fifteen days. The Selected Agency shall not be entitled to seek any deviation in the Agreement. 21.5Commencement of assignment The Selected Agency shall commence the Consultancy services within 7 (seven) days of the date of the Agreement, or such other date as may be mutually agreed. If the Selected Agency fails to either sign the Agreement as specified in Clause 21.4 or commence the assignment as specified herein, MOCA may invite the second ranked Agency for negotiations. In such an event, the Bid Security of the first ranked Agency shall be forfeited and appropriated in accordance with the provisions of Clause 8. 21.6. Proprietary data Subject to the provisions of Clause 19, all documents and other information provided by the MOCA or submitted by an Agency to MOCA shall remain or become the property of the MOCA. Agencies are to treat all information as strictly confidential. MOCA will not return any Proposal or any information related

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thereto. All information collected, analysed, processed or in whatever manner provided by the Selected Agency to the MOCA in relation to the Consultancy shall be the property of MOCA. 21.7 Facilities to Agency Facilities to be provided by NAU to the Agency for the duration of the assignment would be air conditioned office space, rooms for stay at Fursatganj at the Guest House (IGRUA) for experts and Hostel Rooms for support team. 22. Liquidated Damages and Penalties 22.1. Performance Security Agency shall be required to submit acceptable Bank Guarantee for an amount equal to 10% of the accepted consultancy cost towards Performance Security. The validity of the Bank Grantee(s) shall cover entire duration of consultancy period plus 6 months. The Bank Guarantee(s) shall be released after satisfactory completion of the assignment and submission of completion report. If performance of the Consultant is not found satisfactory or team members found absent at any point of time during the period of assignment, this security will be liable to be forfeited. The Bank Guarantee shall also be appropriated for recovery of liquidated damages as specified in Clause 22.2 herein. In addition the Consultant shall be liable for action under other clauses of the contract. The Agency may furnish a Bank Guarantee in the form at APPENDIX-II, Form –2. 22.2. Liquidated Damages for delay In case of delay in completion of the work as specified in the delivery schedule (to be finalized by VC/Steering Committee), the consultant shall be liable to pay liquidated damages not exceeding an amount equal to 2% (two percent) of the total value of the contract per fortnight, subject to a maximum of 10% (ten percent) of the total value of the contract. However, in the event of delay caused due to reasons beyond the control of the Consultant, MOCA may, in its sole discretion, consider granting of appropriate extension of time. 22. 3. Penalty for deficiency in Services In addition to the liquidated damages not amounting to penalty, as specified in Clauses above, the Consultant may be censured and/or debarred for deficiencies on its part. 23. Validity of the Proposal

The Request for Proposal shall be valid for a period of 90 days from the proposal

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due date. 24. Right to reject any or all Proposals Notwithstanding anything contained in this RFP, MOCA reserves the right to accept or reject any Proposal, and to annul the selection process and reject all Proposals at any time prior to award of contract, without assigning any reason and without incurring any liability, whatsoever, to the bidder(s).

25. Force Majeure

The expression ‘Force Majeure’ shall mean any circumstances beyond the control of any party which prevents or impedes the due performance of the agreement. The following shall be considered Force Majeure events:

- War, whether declared or not, hostilities - Riots or civil commotions - Natural physical disaster such asflood, fire, earthquake etc. - Strikes, lockout, or industrial actions - Lockout/Temporary disruptions of the existing office space as a result of

Government notifications or any order/directive.

26. Designated Officer Dr. Reena Sethi Deputy Secretary to the Govt. of India ER Division, Ministry of Civil Aviation B’ Block, Rajiv Gandhi Bhawan. New Delhi - 110 003 Tel: +91 11 24648983 Email: [email protected]

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APPENDICES

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APPENDIX-I Form-1

TECHNICAL BID

Letter of Proposal

(On Agency’s letter head) (Date and Reference) To Dr. Reena Sethi Deputy Secretary to the Govt. of India Ministry of Civil Aviation ER Division “B” Block, Rajiv Gandhi Bhawan New Delhi Sub: Appointment of Project Management Agency (PMA) for undertaking

the work of establishment of Rajiv Gandhi National Aviation University (RGNAU)

Dear Madam,

With reference to your RFP Document dated ………….., I /we, having examined all relevant documents and understood their contents, hereby submit our proposal for selection as Project Management Agency (PMA) for undertaking the work of establishment of Rajiv Gandhi National Aviation University (RGNAU) under administrative control of MOCA. The proposal is unconditional and unqualified. 2. All information provided in the proposal and in the Appendices is true and correct and all documents accompanying such proposal are true copies of their respective originals. 3. This statement is made for the express purpose of appointment as the Consultant for the aforesaid assignment. 4. I/We shall make available to the MOCA any additional information it may deem necessary or require for supplementing or authenticating the Proposal. 5. I/We acknowledge the right of the MOCA to reject our proposal without assigning any reason or otherwise and hereby waive our right to challenge the same on any account whatsoever. 6. I/We certify that in the last three years, we/ any of the agency members have neither failed to perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Agency, nor been expelled from any assignment or contract nor have had any contract terminated for breach on our part.

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7. I/We declare that:

(a) I/We have examined and have no reservations to the RFP Documents, including any Addendum issued by the MOCA;

(b) I/We do not have any conflict of interest in accordance with Clause 14 of the RFP Document;

(c) I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, in respect of any tender or Request for Proposal issued by or any agreement entered into with the MOCA or any other public sector enterprise or any government, Central or State; and

(d) I/We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice.

8. I/We understand that you may cancel the selection process at any time and that you are neither bound to accept any Proposal that you may receive nor to select the Consultant, without incurring any liability to the Agencies in accordance with Clause 24 of the RFP document. 9. I/We declare that we/any member of the agency, are/is not a Member of a/any other Agency applying for selection as a Consultant. 10. I/We certify that in regard to matters other than security and integrity of the country, we have not been convicted by a Court of Law or indicted or adverse orders passed by a regulatory authority which would cast a doubt on our ability to undertake the Consultancy for the Project or which relates to a grave offence that outrages the moral sense of the community. 11. I/We further certify that in regard to matters relating to security and integrity of the country, we have not been charge-sheeted by any agency of the Government or convicted by a Court of Law for any offence committed by us or by any of our Associates. 12. I/We further certify that no investigation by a regulatory authority is pending either against us or against our Associates or against our CEO or any of our Directors/ Managers/ employees. 13. I/We hereby irrevocably waive any right or remedy which we may have at any stage at law or howsoever otherwise arising to challenge or question any decision taken by the Authority in connection with the selection of Consultant or in connection with the selection process itself in respect of the above mentioned assignment.

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14. The Bid Security of …………………..[Rs. 1,00,000/- (Rupees One Lakhs only)] in the form of a Demand Draft, from a Nationalised Bank in India, is attached, in accordance with the RFP document. 15. I/We agree and understand that the proposal is subject to the provisions of the RFP document. In no case, shall I/we have any claim or right of whatsoever nature if the Consultancy for the assignment is not awarded to me/us or our proposal is not opened or rejected. 16. I/We agree to keep this offer valid for 90 (ninety) days from the proposal due date as per clause 23 of the RFP. 17. A Power of Attorney in favour of the authorised signatory to sign and submit this proposal and documents is attached herewith in Form 4. 18. In the event of my/our firm/ company/ corporation/ agency being selected as the Consultant, I/we agree to enter into an Agreement with MOCA for carrying out the assignment as set out in the RFP. 19. The Financial Bid is being submitted in a separate cover. This Technical Bid read with the Financial Bid shall constitute the Application which shall be binding on us. 20. I/We have studied RFP carefully and understand that except to the extent as expressly set forth in the RFP we shall have no claim, right or title arising out of any documents or information provided to us by MOCA or in respect of any matter arising out of or concerning or relating to the selection process including the award of Consultancy. 21. I/We agree and undertake to abide by all the terms and conditions of the RFP Document. In witness thereof, I/we submit this Bid under and in accordance with the terms of the RFP Document.

Yours faithfully,

(Signature, name and designation of the Authorised Signatory) (Name and seal of the Agency / Lead Member)

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APPENDIX-I Form-2

Particulars of the Agency

1. Title of Consultancy: Appointment of Project Management Agency (PMA) for undertaking the work of establishment of Rajiv Gandhi National Aviation University (RGNAU)

2. State whether applying as Sole Firm/Company or LLP

3. State the following: Name of Company or Firm: Legal status (e.g. incorporated private company, unincorporated business, partnership etc.): Country of incorporation: Registered address: Year of Incorporation: Year of commencement of business: Principal place of business: Brief description of the Company including details of its main lines of business

Name, designation, address and phone numbers of Authorised Signatory of the Applicant: Name: Designation: Company: Address: Phone No.: Fax No. : E-mail address:

4. If the Applicant is Lead Member of a agency, state the following for each of the other Member Firms:

(i) Name of Firm: (ii) Legal Status and country of incorporation (iii) Registered address and principal place of business.

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5. For the Applicant, (in case of a agency, for each Member), state the following information:

(i) In case of non Indian company, does the company have

business presence in India? Yes/No If so, provide the office address (es) in India. (ii) Has the Applicant or any of the Members in case of a

agency been penalized by any organization for poor quality of work or breach of contract in the last five years? Yes/No

(iii) Has the Applicant/ Member ever failed to complete any work awarded to it by any public authority/ entity in last five years?

Yes/No (iv) Has the Applicant or any member of the agency been

blacklisted by any Government department/Public Sector Undertaking in the last five years?

Yes/No (v) Has the Applicant or any of the Members, in case of a

agency, suffered bankruptcy/insolvency in the last five years?

Yes/No

DECLARATION:-

It is hereby declared and undertaken that the information contained above from point (ii) to (v) is true and correct my knowledge and nothing material has been concealed there from.

(Signature, name and designation of the Authorised Signatory) For and on behalf of ………………..______________

Note: If answer to any of the questions at (ii) to (v) is yes, the Applicant is not eligible for this consultancy assignment.

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APPENDIX-I Form-3

Relevant Project Experience

Part-1: Project Experience Summary

S. No.

Name of the Project/Engagement

Client Name Duration (Period)

Value

1. 2. 3.

(Please add more now (if required) Part2: Project ProfileTemplate For each of the projects cited above, provide a brief project profile using the format given below. The profile for each project must be provided in less than 1 page.

S. No.

Item Details

1. Project Title 2. Name of the Client 3. Name of the contact person from the client

organization who can act as a reference with contact details.

• Name • Designation • Address • Phone Number • Mobile Number • Email ID

4. Duration (Start Date and End Date)

5. Current Status

6. Number of personnel deployed (Peak team size)

7. Value of the engagement

8. Narrative description of project: (Highlight the components/ services involved in the project that are of similar nature to the project for which this RFP is floated.)

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9. Description of actual services provided by the responding firm within the project and their relevance to the envisaged components/ services involved in the project for which this RFP is floated.

10. Description of the key areas where significant contributions are made for the success of the project.

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APPENDIX-I Form-4

Statement of Legal Capacity (To be forwarded on the letter head of the Agency)

Ref. Date: To Dr. Reena Sethi Deputy Secretary to the Govt. of India Ministry of Civil Aviation ER Division “B” Block, Rajiv Gandhi Bhawan New Delhi Dear Madam, Sub: RFP for appointment of Project Management Agency (PMA) for

undertaking the work of establishment of Rajiv Gandhi National Aviation University (RGNAU)

I/We hereby confirm that we, the Agency (along with other members in case

of agency), satisfy the terms and conditions laid down in the RFP document. I/We have agreed that ……………….. (insert Agency’s name) will act as the

Lead Member of our Company/LLP. I/We have agreed that ……………….. (insert individual’s name) will act

as our Authorised Representative/ will act as the Authorised Representative of the agency on our behalf and has been duly authorized to submit our Proposal.

Further, the Authorised Signatory is vested with requisite powers to furnish

such proposal and all other documents, information or communication and authenticate the same.

Yours faithfully,

(Signature, name and designation of the Authorised Signatory) For and on behalf of ....................

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APPENDIX-I Form-5

Power of Attorney

Know all men by these presents, we,......................................... (name of firm and address of the registered office) do hereby constitute, nominate, appoint and authorise Mr/Ms........................................ son/daughter/wife and presently residing at ........................................, who is presently employed with us and holding the position of .................... as our true and lawful attorney (hereinafter referred to as the “Authorised Representative”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to the submission of our Proposal for selection as the Consultant for Structuring and Operationalising of MOCA, including but not limited to signing and submission of all applications, proposals and other documents and writings, participating in pre-bid and other conferences and providing information/ responses to the MOCA, representing us in all matters before the MOCA, signing and execution of all contracts and undertakings/declarations consequent to acceptance of our proposal and generally dealing with the MOCA in all matters in connection with or relating to or arising out of our Proposal for the said Project and/or upon award thereof to us till the execution of appropriate Agreement/s with the MOCA. AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be done by our said Authorised Representative pursuant to and in exercise of the powers conferred by the instant deed of Power of Attorney and that all acts, deeds and things done by our said Authorised Representative in exercise of the powers hereby conferred shall always be deemed to have been done by us. IN WITNESS WHEREOF WE, .................... THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS .................... DAY OF ...................., 20**

For ....................................... (Signature, name, designation and address)

Witnesses: 1. 2. Notarised

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Accepted

........................................ (Signature, name, designation and address of the Attorney)

Notes: The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant (s) and when it is so required the same should be under common seal affixed in accordance with the required procedure. The Power of Attorney should be executed on a non-judicial stamp paper of Rs. 50 and duly notarised by a notary public. Wherever required, the Agency should submit for verification the extract of the charter documents and other documents such as a resolution/power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Agency. For a Power of Attorney executed and issued overseas, the document will also have to be legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued. However, Agencies from countries that have signed the Hague Legislation Convention 1961 need not get their Power of Attorney legalised by the Indian Embassy if it carries a conforming Appostille certificate

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APENDIX-I Form-6

Particulars of Sector Experts and Support Team

S. No.

Designation of Key Personnel

Name Educational Qualification and from where obtained

Length of Professional Experience

Present Employment

Present Employment Experience in eligible assignments

Proposed Deployment of the Key Personnel in the current Assignment

Name of Firm

Employed Since

1. Expert-I

2. Expert-II

3. Support Staff-I

4. Support Staff-II

5. Support Staff-III

6. Support Staff-IV

7. Support Staff-V

8. Support Staff-VI

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APPENDIX-I

Form-7 Curriculum Vitae (CV) of Team Leader and Sector Expert

1. Proposed Position: 2. Name of Personnel: 3. Date of Birth: 4. Nationality: 5. Educational Qualifications and where obtained: 6. Employment Record:

S. No

Name of the Project / Assignment

Name of firm for which the worked

Designation on the project

Date of completion of project assignment

Man days spent

1

2

3

4

5

6

7

8

(Starting with present position, list in reverse order every employment held.) 7. Details of the current assignment and the time duration for which services are required for the current assignment.

Certification: 1. I am willing to work on the assignment / project and I will be available for

entire duration of the Project assignment as required. 2. I, the undersigned, certify that to the best of my knowledge and belief, this CV

correctly describes myself, my qualifications and my experience.

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(Signature and name of the Professional) Place.........................................

(Signature and name of the Authorized Signatory of the Agency) Note:

1. Use separate form for the Team Leader and the Sector Expert. 2. Each page of the CV shall be signed in ink by both the Personnel

concerned and by the Authorised Representative of the Agency firm along with the seal of the firm. Photocopies will not be considered for evaluation.

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APPENDIX-I Form -8

Proposed Methodology and Work Plan

The proposed methodology and work plan shall be described as follows:

1. Understanding of Assignment / Project (not more than two pages)

The Agency shall clearly state its understanding of the Assignment / Project and also highlight its important aspects. The Agency may supplement various requirements of the assignment/project and also make precise suggestions if it considers this would bring more clarity and assist in achieving the Objectives laid down in the assignment/project.

2. Methodology and Work Plan (not more than three pages)

The Agency will submit its methodology for carrying out this assignment, outlining its approach toward achieving the objectives of the assignment. The Agency will submit a brief write up on its proposed team and organisation of personnel explaining how different areas of expertise needed for this assignment have been fully covered by its proposal. The Agency should specify how the expertise of each firm is proposed to be utilised for this assignment. The Agency should specify the sequence and locations of important activities, and provide a quality assurance plan for carrying out the Consultancy Services.

Note: Marks will be deducted for writing lengthy and out of context responses

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APPENDIX-II Form - 1

FINANCIAL BID Covering Letter

(On Agency’s letter head) (Date and Reference) To Dr. Reena Sethi Deputy Secretary to the Govt. of India Ministry of Civil Aviation ER Division “B” Block, Rajiv Gandhi Bhawan New Delhi Sub: Appointment of Project Management Agency (PMA) for undertaking the

work of establishment of Rajiv Gandhi National Aviation University (RGNAU)

Dear Madam,

I/We have read and examined the bid document relating to the Consultancy services for Project Managed Agency (PMA) for establishment of Rajiv Gandhi National Aviation University. I/We hereby offer to provide consultancy services as per terms and conditions in the bid documents at the rate of _____% of the actual cost of works for the work covered under Terms of Reference in this bid document. The service tax as applicable shall be payable extra and reimbursed on actual basis on production of documentary proof of payment of such service tax to the concerned Government Authority/Department. I/We also confirm that in case of any reduction or increase in scope of work, the total payable consultancy fee shall be calculated on pro-rata basis at the above mentioned rate. I/We agree to keep this Financial Offer valid for 90 days from the date of submission of this Financial Bid. I/We declare that we shall treat these documents and other documents connected with the work confidential and shall not communicate the information derived there from to any person other than a person to whom we have authorised to communicate. Dated: Signed for and on behalf of the Firm

(Signature, name and designation of the Authorised Signatory) Witnessed 1………………………… (Name and full Address)

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2………………………… (Name and full address) Note: The Financial Bid is to be submitted strictly as per forms given in the RFP

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APPOINTMENT OF PROJECT MANAGEMENT AGENCY (PMA) FOR

UNDERTAKING THE WORK OF ESTABLISHMENT OF RAJIV

GANDHI NATIONAL AVIATION UNIVERSITY (RGNAU)

FORMAT FOR FEE QUOTE

Total in words_______________________________________________

(To be signed by the Authorized Signatory) NAME & DESIGNATION

Name of Activity Amount (Rs )

(A) Service Tax

(B) Total(C) =(A)+(B)

Lump-sum professional fee for carrying out the assignment and related tasks as given in the scope of work (inclusive of all taxes, levies and duties)

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APPENDIX-II Form - 2

RFP for appointment of Project Management Agency (PMA) for

undertaking the work of establishment of Rajiv Gandhi National Aviation

University (RGNAU)

PERFORMANCE BANK GUARANTEE

Performa for Bank Guarantee towards Performance Security

From Scheduled Commercial Bank

This Deed of Guarantee executed on this _____day of __________, 201_ at____ by__________________(Public Sector Bank only), having its Head Office/ Registered Office at _______________ and inter-alia a Branch Office at _______________________ (hereinafter referred to as the Bank or ‘the Guarantor’, which expression shall unless it be repugnant to the subject or context hereof be deemed to include its successors and assigns) In favour of M/s. Ministry of Civil Aviation, Government of India having its Office at ‘B’ Block, Rajiv Gandhi Bhawan, New Delhi-110003 (hereinafter referred to as “MoCA”) WHEREAS

A. [................. ], a company within the meaning of the Companies Act, 1956 or a firm registered under Limited Liability Partnership(registered under LLP Act, 2008) and having its Registered Office at [______] (herein after referred to as “the Agency”, which expression unless repugnant to the subject or context includes its successors, legal representatives and permitted assigns) has been awarded the contract for appointment of “Project Management Agency (PMA) for undertaking the work of establishment of Rajiv Gandhi National Aviation University (RGNAU)” vide MoCA’s Letter of Intent dated _______;

B. In terms of clause ___ of the said Letter of Intent, the Consultant has to provide a Performance Guarantee for an amount equivalent to 10 (ten) per cent of the Contract Price in the format specified;

C. At the request of the Agency, the Guarantor has agreed to provide this guarantee, being these presents, guaranteeing the due and punctual performance/discharge by the Vendor of its obligations under the said contract during the implementation period.

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NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS

A. The Guarantor hereby irrevocably guarantees the due and punctual performance by the Agency of all its obligation under the said Letter of Intent during the implementation period;

B. The Guarantor shall, without demur, pay to MoCA sums not exceeding in aggregate Rs. ______ (Rupees ____) within five (5) calendar days of receipt of a written demand thereof from MoCA stating that the Agency has failed to meet its performance obligations under the said contract during the implementation period. The Guarantor shall have not to go into the veracity of any breach or failure on the part of the Agency or validity of the demand so made by MoCA and shall pay the amount specified in the demand notwithstanding any direction to the contrary given or any dispute whatsoever raised by the Agency or any other person. The Guarantor’s obligations hereunder shall subsist until all such demands are duly met and discharged in accordance with the provisions hereof;

C. In the event of delay on the part of the Guarantor to pay on demand, the Guarantor shall be liable to pay interest at the rate of fifteen (15) per cent, compounding quarterly, to MoCA. There shall not be any delay in payment of the guaranteed amount and payment of interest shall not be an excuse for delaying the payment of guarantee amount. Time is the essence of this Performance Guarantee;

D. The Guarantor shall also indemnify and keep MoCA indemnified against all losses, damages, costs, charges claims and expenses whatsoever which it may suffer, pay or incur by reason of or in connection with any default on the part of the Vendor, including legal proceedings taken against the said Agency and/or the Guarantor for the recovery of the monies referred to above;

E. The Guarantor hereby agrees that without the concurrence of the Guarantor, MoCA and the Agency shall be at liberty to vary, alter or modify the terms and conditions of the contract executed by the MoCA with the Agency, and in particular to defer, postpone or revise the payment schedule under the contract, modify the work at site and payment of interest or other monies under the contract on such terms and conditions as maybe considered necessary by MoCA;

F. The Guarantor agrees that its liability under this guarantee shall in no manner be affected by any such variation, alteration, modification, waiver dispensation with or release of security and that no further consent of the Guarantor is required for giving effect to any such variation, alteration, modification, waiver dispensation with or release of security;

G. This Guarantee shall be enforceable against the Guarantor notwithstanding that any security or securities comprised in any instrument executed or to be executed by the Agency in favour of MoCA may at the time when the proceedings are taken against the Guarantor of this guarantee be outstanding or unrealized or lost. In order to give effect to this Guarantee, MoCA shall be entitled to treat the Guarantor as the principal debtor;

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H. This Guarantee shall be irrevocable and shall remain in full force and effect until ________ unless discharged/released earlier by MoCA in accordance with the provisions of the said contract. The Guarantor’s liability in aggregate shall be limited to a sum of Rs. _____(Rupees ______ only);

I. This Guarantee shall not be affected by any change in the constitution or winding up of the Agency/the Guarantor or any absorption, merger or amalgamation of the Agency/the Guarantor with any other person;

J. The Guarantor has power to issue this Guarantee and discharge the obligations contemplated herein, and the undersigned is duly authorized to execute this Guarantee pursuant to the power granted under _____.

All future correspondence with reference to this Guarantee shall be made to …..(Bank Name and Address). The jurisdiction in relation to this Guarantee shall be the Courts at New Delhi and Indian Law shall be applicable. IN WITNESS WHEREOF THE GUARANTOR HAS SET ITS HANDS HEREUNTO ON THE DAY, MONTH AND YEAR FIRST HEREINABOVE WRITTEN. SIGNED AND DELIVERED by _______ Bank by the hand of _____________, its __________ and authorized official.

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ANNEXURE-I

Some Tentative deliverables (subject to change)

Sl. No

Module from which deliverables are sought

Deliverables

Timelines

1. Executive Module

Assist in drafting of RGNAU regulations and Ordinances

2. Executive Module

Assist in development a chart of the organisational structure with clear roles and responsibilities at all levels and also a reporting structure

3. Operations Module

Assist the Academic Council/other authorities of RGNAU in formulating academic programmes and courses to be offered in each of those programmes during the launch year and in next four years. As part of this, organise a workshop with aviation Industry in India for an interaction of University authorities and Faculty


Assist in recruitment of key officers of the RGNAU such as Registrar, Controller of examinations, Finance officer etc. and assist the relevant authorities in the process of recruitment


Prepare a Report on faculty requirement for each department/stream at all levels and assist the relevant authorities in the process of recruitment


Draft strategy document on Student selection process for various programmes and courses based on best practices and assist the authorities in conduct of admission process through a merit based selection


Document best practices for definition of finance, accounting, HR, administration, marketing, PR, staff and student policies and procedures for RGNAU


Draft funding strategy for RGNAU including preparation of annual budget and obtaining government grants


Draft a faculty development program and other academic policies of the University

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Finalize lab equipments/ learning resources required


Create employee Manual and Handbook.


Develop a list of performance parameters to monitor the development and performance of the University.

13. Infrastructure Module

Schedule of timelines for completion of various construction works.


Monthly progress report on various construction works by keeping a tab on the schedules. This report should include a forecast of major activities


Monthly financial progress report


Final technical and financial Report on infrastructure created


Develop a technology blueprint and learning resources strategy. This may include suggestions on selection/evaluation of IT vendors/packages, if required


Develop RGNAU website

19. Collaborations Module

List objectives for academia-industry interactions


List national/international companies and major universities shortlisted for the academia-industry interactions with reasons


Interaction program calendar for the first year


List of potential employers for student placements and the contact programme


Time line and resource person(s) for organising RGNAU’s meetings with potential employers


Suggestions for contents in placement materials including brochures, presentations etc.


Facilitation of international interactions with potential collaborators of RGNAU

26. Agenda and minutes of Steering Committee Meetings including issue of meeting notices

27. Handover report