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RFP for Resurvey project - ANAND & other SEVEN Districts of Gujarat State v. Proposal is received after due date and time. vi. Proposal is not accompanied by all the requisite documents. vii. If Bidder provides quotation only for a part of the project. viii. Information submitted in technical proposal is found to be misrepresented, incorrect or false, accidentally, unwittingly or otherwise, at any time during the processing of the agreement (no matter at what stage) or during the tenure of the agreement including the extension period if any. ix. Commercial proposal is enclosed with the same envelope as technical proposal x. Bidder tries to influence the proposal evaluation process by unlawful / corrupt / fraudulent means at any point of time during the bid process xi. In case any one party submits multiple proposals under one methodology or if common interests are found in two or more bidders, the bidders are likely to be disqualified, unless additional proposals/bidders are withdrawn upon notice immediately. xii. Bidder fails to deposit the Performance Guarantee (PG) or fails to enter into an Agreement within 15 working days of the date of notice of award of agreement or within such extended period, as may be specified by SC&DLR. xiii. Bidders may specifically note that while evaluating the proposals, if it comes to, SC&DLR’s knowledge expressly or implied, that some bidders may have colluded in any manner whatsoever or otherwise joined to form an alliance resulting in delaying the processing of proposal then the bidders so involved are liable to be disqualified for this agreement as well as for a further period of three years from participation in any of the tenders floated by SC&DLR. MODIFICATION AND WITHDRAWAL OF PROPOSALS No proposal may be withdrawn in the interval between the deadline for submission of proposals and the expiration of the validity period specified by the bidder on the proposal form. CONFLICT OF INTEREST 1. Bidder shall furnish an affirmative statement as to the existence of, absence of, or potential for conflict of interest on the part of the bidder or any prospective consortium member due to prior, current, or proposed agreements, engagements, or affiliations with SC&DLR. Additionally, such disclosure shall address any and all potential elements (time frame for service delivery, resource, financial or other) that would adversely impact the ability of the bidder to complete the requirements as given in the RFP. 2. If there is a project management consultants for this project, the main job of the project management consultant would be to help tendering , evaluate the response and supervise the work of the selected agency 2/22/2011 100

RFP for Resurvey project - ANAND & other SEVEN Districts of Gujarat State to see that it meets the pre-determined criteria. Therefore subsidiary companies or sister organizations and any consortium partner of management consultant companies in any other similar projects being currently carried out (as on date -- /-- 2009), shall be disqualified to participate in this bid. ACKNOWLEDGEMENT OF UNDERSTANDING OF TERMS By submitting a proposal, each bidder shall be deemed to acknowledge that it has carefully read all sections of this RFP, including all forms, schedules and annexure hereto, and has fully informed itself as to all existing conditions and limitations. CONDITIONS The following terms are applicable to this RFP and the bidder’s proposal: i. Any work product, whether acceptable or unacceptable, developed under an agreement awarded as a result of this RFP shall be the sole property of SC&DLR unless stated otherwise in the definitive Agreement. ii. Timing and sequence of events resulting from this RFP shall ultimately be determined by SC&DLR. iii. No oral conversations or agreements with any official, agent, or employee of SC&DLR shall affect or modify any terms of this RFP, and any alleged oral agreement or arrangement made by a bidder with any department, Survey Agency, official or employee of SC&DLR shall be superseded by the definitive Agreement that results from this RFP process. Oral communications by SC&DLR to bidders shall not be considered binding on SC&DLR, nor shall any written materials provided by any person other than SC&DLR. iv. Proposals are subject to rejection if they limit or modify any of the terms and conditions or specifications of this RFP. v. By responding, the bidder shall be deemed to have represented and warranted: that its proposal is not made in connection with any competing bidder submitting a separate response to this RFP, and is in all respects fair and without collusion or fraud; and that no employee or official of SC&DLR participated directly or indirectly in the bidder’s proposal preparation. vi. Neither the bidder nor any of bidder’s representatives shall have any claims whatsoever against SC&DLR or any of its respective officials, agents, or employees arising out of or relating to this RFP or these procedures (other than those arising under a definitive Agreement with the bidder in accordance with the terms thereof). vii. Until the agreement is awarded and during the currency of the agreement, bidders shall not, directly or indirectly, solicit any employee of SC&DLR to leave SC&DLR or any other officials involved in this RFP 2/22/2011 101

RFP for Resurvey project - ANAND & other SEVEN Districts <strong>of</strong> Gujarat State<br />

to see that it meets the pre-determined criteria. Therefore subsidiary companies or sister organizations and<br />

any consortium partner <strong>of</strong> management consultant companies in any other similar projects being currently<br />

carried out (as on date -- /-- 2009), shall be disqualified to participate in this bid.<br />

ACKNOWLEDGEMENT OF UNDERSTANDING OF TERMS<br />

By submitting a proposal, each bidder shall be deemed to acknowledge that it has carefully read all sections<br />

<strong>of</strong> this RFP, including all forms, schedules and annexure hereto, and has fully informed itself as to all<br />

existing conditions and limitations.<br />

CONDITIONS<br />

The following terms are applicable to this RFP and the bidder’s proposal:<br />

i. Any work product, whether acceptable or unacceptable, developed under an agreement awarded as a result<br />

<strong>of</strong> this RFP shall be the sole property <strong>of</strong> SC&DLR unless stated otherwise in the definitive Agreement.<br />

ii. Timing and sequence <strong>of</strong> events resulting from this RFP shall ultimately be determined by SC&DLR.<br />

iii. No oral conversations or agreements with any <strong>of</strong>ficial, agent, or employee <strong>of</strong> SC&DLR shall affect or<br />

modify any terms <strong>of</strong> this RFP, and any alleged oral agreement or arrangement made by a bidder with any<br />

department, Survey Agency, <strong>of</strong>ficial or employee <strong>of</strong> SC&DLR shall be superseded by the definitive<br />

Agreement that results from this RFP process. Oral communications by SC&DLR to bidders shall not be<br />

considered binding on SC&DLR, nor shall any written materials provided by any person other than<br />

SC&DLR.<br />

iv. Proposals are subject to rejection if they limit or modify any <strong>of</strong> the terms and conditions or specifications<br />

<strong>of</strong> this RFP.<br />

v. By responding, the bidder shall be deemed to have represented and warranted: that its proposal is not<br />

made in connection with any competing bidder submitting a separate response to this RFP, and is in all<br />

respects fair and without collusion or fraud; and that no employee or <strong>of</strong>ficial <strong>of</strong> SC&DLR participated<br />

directly or indirectly in the bidder’s proposal preparation.<br />

vi. Neither the bidder nor any <strong>of</strong> bidder’s representatives shall have any claims whatsoever against<br />

SC&DLR or any <strong>of</strong> its respective <strong>of</strong>ficials, agents, or employees arising out <strong>of</strong> or relating to this RFP or<br />

these procedures (other than those arising under a definitive Agreement with the bidder in accordance with<br />

the terms there<strong>of</strong>).<br />

vii. Until the agreement is awarded and during the currency <strong>of</strong> the agreement, bidders shall not, directly or<br />

indirectly, solicit any employee <strong>of</strong> SC&DLR to leave SC&DLR or any other <strong>of</strong>ficials involved in this RFP<br />

2/22/2011<br />

101

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