Request for Qualification (RFQ)

For

Empanelment of Design and Technical Agency

for Museums at Directorate of Archaeology &
Museums, Government of Gujarat

Issued By:
Directorate of Archaeology & Museums
Government of Gujarat
Abhilekhagar Bhavan, Sector-17
Gandhinagar – 382017
Gujarat, India

Date of Issue: 14th February 2024

 DISCLAIMER

The information contained in this Request for Qualification document (the “RFQ”) or
subsequently provided to Applicant(s), whether verbally or in documentary or any other form
by or on behalf of the Authority or any of its employees or advisors, is provided to Applicant(s)
on the terms and conditions set out in this RFQ and such other terms and conditions subject to
which such information is provided.

This RFQ is not an agreement and is neither an offer nor invitation by the Authority
to the prospective Applicants or any other person. The purpose of this is to provide
interested parties with information that may be useful to them in the formulation of their
Application for selection pursuant to this RFQ (the “Application”). This RFQ includes
statements, which reflect various assumptions and assessments arrived at by the Authority in
relation to the Project. Such assumptions, assessments and statements do not purport to contain
all the information that each Applicant may require. This RFQ may not be appropriate for all
persons, and it is not possible for the Authority, its employees or advisors to consider the
investment objectives, financial situation and particular needs of each party who reads or uses this
RFQ. The assumptions, assessments, statements and information contained in the RFQ may not be
complete, accurate, adequate or correct. Each Applicant should, therefore, conduct its own
investigations and analysis and should check the accuracy, adequacy, correctness, reliability
and completeness of the assumptions, assessments, statements and information contained in this
RFQ and obtain independent advice from appropriate sources.

Information provided in this RFQ to the Applicant(s) is on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not intended to be an exhaustive
account of statutory requirements and should not be regarded as a complete or authoritative
statement of law. The Authority accepts no responsibility for the accuracy or otherwise for any
interpretation or opinion on law expressed herein.

The Authority, its employees and advisors make no representation or warranty and shall have no
liability to any person, including any Applicant( s ) 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 RFQ or otherwise, including the accuracy, adequacy, correctness, completeness
or reliability of the RFQ and any assessment, assumption, statement or information contained
therein or deemed to form part of this RFQ.

The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused, arising from reliance of any Applicant upon the statements
contained in this RFQ. The Authority may in its absolute discretion, but without being under any
obligation to do so, update, amend or supplement the information, assessment or assumptions
contained in this RFQ.

The issuance of this RFQ does not imply that the Authority is bound to select and appoint the
Selected Applicant(s) for the Project and the Authority reserves the right to reject all or any of
the Applications without assigning any reason whatsoever.

The Applicant shall bear all its costs associated with or relating to the preparation and
submission of its Application, including but not limited to preparation, copying, postage, delivery
fees, expenses associated with any demonstrations or presentations which may be required by the
Authority or any other costs incurred in connection with or relating to its Application. All such
costs and expenses will remain with the Applicant and the Authority shall not be liable in any
manner whatsoever for the same or for any other costs or other expenses incurred by a Applicant
in preparation or submission of its Application, regardless of the conduct or outcome of the selection
process.
 GLOSSARY
Addendum As defined in Clause 2.9.1
Applicant(s) As defined in Clause 1.1.1 (a)
Application As defined in Clause 1.2.1
Application Documents As defined in Clause 1.1.4
Application Due Date/ADD As defined in Clause 1.1.4
Application Process As defined in Clause 1.2.1
Associate As defined in Clause 2.2.1 (d)
Authority As defined in Clause 1.1.1
Coercive Practice As defined in Clause 4.3 (c)
Companies Act Shall mean the Companies Act, 2013, and rules framed
thereunder.
Conflict of Interest As defined in Clause 2.2.1 (e)
Consortium As defined in Clause 2.2.1 (b)
Control As defined in Clause 2.2.1 (d)
Corrupt Practice As defined in Clause 4.3 (a)
Crore Ten million (10,000,000)
Document Fee As defined in Clause 1.2.1
Enclosures of Application As defined in Clause 2.10.3
1st April of any calendar year and ending on 31st March of
Financial Year the next calendar year.
Fraudulent Practice As defined in Clause 4.3 (b)
Lakh Hundred thousand (100,000)
Lead Member As defined in Clause 2.2.1 (b)
DTA Contract As defined in Clause 1.1.5
LOA/ Letter of Award As defined in Clause 3.3.2
Minimum Eligibility Criteria As defined in Clause 1.1.1 (a) and Clause 2.2.2.1
Net Worth As defined in Clause 2.2.2.1
Power of Attorney As defined in Clause 2.1.5
Project As defined in Clause 1.1.1
Qualified Applicant As defined in Clause 3.1.8
Re. or R.S. or INR Indian Rupee
Restrictive Practice As defined in Clause 4.3 (e)
Shall mean the Request for Qualification issued by the
Authority for empanelling the Design and Technical
RFQ Agency for the Project
Selected Applicant(s) As defined in Clause 3.3.1
Services As defined in Clause 1.1.1
Shortlisted Applicants As defined in Clause 3.1.8
Sole Firm As defined in Clause 2.2.1 (b)
Directorate of Archaeology
and Museums As defined in Clause 1.1.1
Subject Person As defined in Clause 2.2.1 (e)
Term As defined in Clause 1.4
Tender Website As defined in Clause 2.1.4
Technical Scoring Criteria As defined in Clause 3.1.8
Technical Score As defined in Clause 3.1.8
Turnover As defined in Clause 2.2.2.1
Undesirable Practice As defined in Clause 4.3 (d)
Eligible Assignments As defined in Clause 2.2.2.1
 SECTION 1
INTRODUCTION

1.1 Background
1.1.1 The Directorate of Archaeology and Museums (hereinafter referred to as “Authority”) was
established with the mandate of preserving the archaeological sites, monuments, and rich
cultural heritage across the state of Gujarat under the egis of Sports, Youth and Cultural
Activities Department, Government of Gujarat. The Directorate of Archaeology and
Museums is responsible for Excavation, protection and Preservation of State Monuments,
Maintenance, Planning of Archaeological Exhibitions, Documentation, Publication
including commemorative ceremonies as well as development and operation of Museums
across the state of Gujarat.

It is also responsible for maintenance of existing museums of State of Gujarat and

preservation of rich cultural heritage of Gujarat for the purpose of educational,
entertainment and awareness for the society. Currently, Directorate is overseeing operation
and maintenance of Museums across the state, and there is significant requirement of
continuous renovations, upgradation to ensure museums are able to deliver on their
objectives.

The existing Museums across the state under the egis of the Authority are as follows:
Sr.
Name of Museum Address
No
1 Kutch Museum Hamirsar Lake, Ghanshyam Nagar, Bhuj, Gujarat 370001
Crescent Road, Pragati Nagar, Bharatnagar, Bhavnagar,
2 Barton Museum
364001
3 Watson Museum Jubilee Garden, Rajkot, Gujarat 360001
Vadodara Museum and Vadodara Museum and Picture Gallery, Sayajibaag,
4
Picture Gallery Vadodara, Gujarat 390 018
5 Darbar Hall Museum Tajmanzil Bhavan, Sardarbaag, Junagadh, Gujarat 362001
6 Lady Wilson Museum Dharampur, Valsad, Gujarat 396050
Lakhota Talav, Government Colony, Jamnagar, Gujarat
7 Museum of Antiquities
391156
Opp: Somnath ST Bus Depo, Near Check Post , Somnath
8 Prabhas Patan Museum
Temple, Somnath 362268
Sardar Vallabhbhai
9 Bhuvneshwari Nagar Society, Bardoli, Gujarat 394601
Patel Museum
B/H. Shamlaji Temple, Near Prakash Yatree Nivas,
10 Shamlaji Museum
Shamlaji, Dist. Arravalli,Gujarat
11 Chhotaudepur Museum Near Khedut Talim Kendra, Chhotaudepur, Gujarat 391156.
 12 Patan Museum Rani ki vav road, Patan, Gujara
13 Podium Vidhan Sabha Bhavan, Gandhinagar, Gujarat
14 Shristhal Museum Near Bindu Sarovar, Siddhpur, Gujarat 384151
15 Dandi Kutir Museum Sector 13C, Sector 13, Gandhinagar, Gujarat 382016
Saputara Tribal
16 Saputara, Dangs
Museum
17 Shristhal Museum Sidhdhpur

The Authority is also undertaking the development of several state of art Museums across the state
such as Archaeological Experiential Museum (Vadnagar), Tana Riri Museum of Music
(Vadnagar), Gujarat Vandana Museum (Ekta Nagar), Museum of Royal Kingdoms (Ekta Nagar),
Lord Krishna Museum (Dwarka), Jhaverchand Meghani Museum (Chotila), Saputara Tribal
Museum (Saputara).

The upgradation, renovation and development of existing museums under the egis of Spots, Youth
and Cultural Department, Government of Gujarat would be undertaken in a phased manner by the
Authority, thus the Authority intends to empanel the Design and Technical Agencies having varied
experience in the architectural, structural, curation, exhibition design and allied services including
preparation of cost estimates, site supervision of works etc.

These empaneled Design and Technical Agencies shall be eligible to render their services in
accordance with the details specified in this RFQ and the Draft DTA Contract (“Project”). The
detailed scope of services for the Design and Technical Agencies has been set forth in Annex - I
of RFQ Volume II (Draft DTA Contract) (“Services”).

(a) Applicants who wish to apply in response to this RFQ (the “Applicant(s)”) are
invited to submit their Applications for empanelment of the Design and
Technical Agencies as per the terms hereunder. All Applicants shall simultaneously
submit their relevant qualification details along with supporting documents for the
purpose of meeting the minimum eligibility criteria (“Minimum Eligibility
Criteria”), as set forth in Clause 2.2.2.1 of the RFQ.

The Selected Applicant(s) who is awarded the Project shall undertake the Services
subject to and in accordance with the terms laid down hereunder in this RFQ document
and the Draft DTA Contract.

(b) The Applicant may be any legal entity incorporated/ registered under the applicable
laws of India and having valid GST registration. However, Applicants shall only be in
the nature of a single entity or a group of entities (the “Consortium”), coming together
to implement the relevant Project. The maximum members in a consortium will be
limited to 2 (two).
 (c) The Selected Applicant(s) will be required to perform the Services set out in the Scope
of Services set forth in the DTA Contract particularly Annexure II thereof.

1.1.2 Authority intends to empanel Design and Technical Agencies for the value of works upto
INR 10 Crores. The Value of Works would be the total Construction and /or Construction
and Maintenance cost of the project which would be finalized after selection of the
Construction Agency and /or Construction and Maintenance Agency.

For the avoidance of doubt, as part of the Project, the Selected Applicant(s) shall be
responsible for providing the Services in accordance with applicable laws and any
instructions/ guidelines of the Authority as are in force, and as may be amended from time
to time.

1.1.3 Intentionally left blank

1.1.4 The Authority shall receive Applications pursuant to this RFQ and in accordance with the
terms set forth herein and any other documents to be provided by the Authority as modified
altered, amended and clarified from time to time (“Application Documents”) and all
Applications shall be prepared and submitted in accordance with such terms on or before
the date specified in Clause 1.3 for submission of Applications (the “Application Due
Date”). Any Addenda issued subsequent to this RFQ, but on or before the Application Due
Date, will be deemed to form part of the Application Documents.

1.1.5 The statements and explanations contained in this RFQ are intended to provide a better
understanding to the Applicants about the subject matter of this RFQ and should not be
construed or interpreted as limiting in any way or manner the obligations of the Selected
Applicant(s) as set out in detail in the DTA Contract (“Design and Technical Agency
Contract ”) for provision of Services or the Authority’s rights to amend, alter, change,
supplement or clarify the Scope of Services for the Project. Consequently, any omissions,
conflicts or contradictions in the Application Documents including between this RFQ or
the DTA Contract are to be noted, interpreted and applied appropriately to give effect to
this intent, and no claims on that account shall be entertained by the Authority.

1.2 Brief description of Applications Process

1.2.1 The Authority has adopted an online single-stage e-procurement process (the “Application
Process”) for identification of the Selected Applicant(s) for undertaking the Project. The
Selected Applicant(s) identified pursuant to this Application Process shall render Services in
accordance with applicable laws, regulations and the instructions/ guidelines of the
Authority as are in force and as may be amended from time to time. Applicants are required
to submit an Application to the Authority with requisite information and supporting
 documents as required by this RFQ (“Application”). Firstly, the Applications submitted by
the Applicants shall be evaluated to determine whether the Applications fulfill the
Minimum Eligibility Criteria prescribed in Clause 2.2.2 of this RFQ. The Applicants whose
Applications fulfill the Minimum Eligibility Criteria, will be further evaluated on the basis
of the Technical Evaluation. Further those applicants whose Application fulfill the
Technical Evaluation shall be declared as Shortlisted Applicant and will be further
evaluated on the basis of the Financial Proposal.

All the Shortlisted Applicants whose financial proposal is as per the RFQ will be considered
for empanelment under this RFQ. Further, the lowest financial proposal or Contract Fee as
a percentage of the Actual Value of works as decided fit in the sole discretion of the
Authority would be consider as the Empaneled Rate.

The Authority as and when any work requirement arises, would call upon the empaneled
applicants giving details of the Project Brief (Annex-3 of the Vol II Draft DTA Contract)
and may its own discretion consider awarding the works to any of them basis a Project
Specific Technical submission and/or call upon a design solution which would be
scrutinized and awarded solely at the discretion of the Authority.

Prior to submitting an Application, the Applicant shall pay to the Authority as tender
processing fee, a sum of INR 5,000 (“Document Fee”). The Document Fee shall be payable
by way of Demand Draft (DD) in favour of “Director, Directorate of Archaeology &
Museums” Payable at Gandhinagar.

The Applicant shall ensure that it submits the original DD along with the Enclosures of
Application (defined hereinafter in Clause 2.10.3). The manner of submission of the
Enclosures of Application has been set out in this RFQ in Clauses 2.10 and 2.11.

The Application Documents in its entirety will be available for download from the website
https://tender.nprocure.com/ (“e-Procurement Portal”) from the date mentioned in Clause
1.3. To participate in the Application Process, the Applicant should complete download
from the e-Procurement Portal and submit final Application through the e-Procurement
Portal. Applications which are submitted on the e-Procurement Portal alone will be
accepted by the Authority.

An Applicant can submit its Application as per the RFP and as mentioned in clause
1.1.2. Further, the Applicants would be required to quote financial proposal as per
the financial bid format.

1.2.2 As part of the Project, the Selected Applicant(s) shall, be required to provide the Services
as set out in the Draft Contract.

1.2.3 The Applications shall be valid for a period of not less than 120 (one hundred and twenty)
days from the Application Due Date.
1.2.4 The Applicants shall furnish all the information specified in
this RFQ.

1.2.5 The Applicants are advised to examine the Project in greater detail, and to carry out, at their
cost, such studies as may be required for submitting their respective Applications for selection
for the Project.

1.2.6 The Pre-Application queries should be submitted in the format specified below to be
considered for response and they should be submitted in MS-Excel format. Pre-Application
queries not submitted in the prescribed format may not be responded to:

S. Page Part of Clause Text provided in Clarification sought with

No. No. RFQ No. RFQ justification, if any
1. [●] [●] [●] [●] [●]
2. [●] [●] [●] [●] [●]
… ….. …. ….. …… ……

It is preferred that the queries be sent to the Authority at least 2 (two) business days before
the scheduled Pre-Application conference.

1.2.7 Any queries or request for additional information concerning this RFQ shall be
submitted by e-mail to dirmuseums@gujarat.gov.in &
museumsarchaeology@gmail.com, addressed to the officer designated in Clause
2.11.3 below with the identification/title: "Queries/ Request for Additional
Information: RFQ for Empanelment of Design and Technical Agencies for Various
works at Directorate of Archaeology and Museums”.
1.3 Schedule of Application Process
The Authority shall receive Applications for selection of the Selected Applicant(s) pursuant
to and in accordance with the terms set forth in the RFQ and other documents to be provided
by the Authority pursuant to this RFQ, as modified, altered, amended and clarified from time
to time by the Authority. Any Addenda issued subsequent to the issuance of this RFQ, but
before the Application Due Date, will be deemed to form part of the Application Documents.
All Applications shall be prepared and submitted in accordance with such terms on or before
the time on the date specified in this RFQ for submission of Applications by the Application
Due Date.

The Authority shall endeavour to adhere to the following schedule. However, the Authority
may, at its own discretion, revise or extend any of the timelines set out in this schedule.
 Event Description Date (dd/mm/yyyy)

Issue of Application Documents 14th February 2024

Pre-bid meeting/webinar Empanelment of Design and Technical

Agencies -Pre Bid

Thursday, February 22 · 11:30am – 12:30pm

Time zone: Asia/Kolkata

Video call link: https://meet.google.com/kjv-

ivon-mxn

Response to pre-Application queries 22nd February 2024

Application Due Date for Submission of 6th March 2024 at 1800 hours IST
Technical and financial bid online

7th March 2024 at 1800 hours IST

Submission of technical bid documents
(Hardcopy submission of technical bid)

Opening of Technical Bid To be informed

Date of Presentation To be informed

Opening of Financial Bid To be announced

Issue of LOA To be intimated to Selected Bidders

Execution of Contract To be intimated to Selected Bidders

1.4 Term of Empanelment

1.4.1 The Applicant shall be validly empaneled for a period of 3 years commencing from the
date of issue of the Empanelment Order, unless otherwise terminated in accordance with the terms
of the Contract (hereinafter referred as the “Term”) with prior written notice of 30 days. The term
can be extendable for further 2 years on such terms as may be mutually agreeable between
Authority and Applicant.

1.4.2 The Applicant shall provide the Services for the Term in accordance with all applicable
laws and any instructions/ guidelines of the Authority as are in force, and as may be amended from
time to time.
 SECTION 2
INSTRUCTIONS TO APPLICANTS

2.1. General terms of Application

2.1.1 The Authority wishes to receive Applications against this RFQ in order to qualify
experienced and competent Applicants for provision of Services under the Project.

2.1.2 No Applicant shall submit more than one Application for the Project.

2.1.3 Unless the context otherwise requires, the terms not defined in this RFQ, but defined in
the DTA Contract shall have the meaning assigned thereto in the DTA Contract. Further,
the Application shall be submitted in accordance with the format provided in Appendices
I-VI of this RFQ.

2.1.4 Application Documents can be downloaded from the e-Procurement Portal n-procure.
Any modifications / Addendum / responses to queries shall be updated on the e-
Procurement Portal and the Applicants are requested to check the e-Procurement Portal
regularly for updates. The Authority shall not undertake any responsibility if any
Applicant fails to regularly check the e-Procurement Portal for Addenda.

For the purpose of submission of the Application, the Applicants shall upload their
respective Applications on the Tender Website in accordance with the procedure set out
under this RFQ in Clauses 2.10 and 2.11.

The Applicants shall also make hard copy submission solely of the Enclosures of
Application to the person and address stipulated in Clause 2.11.3. The uploading of the
Application on the Tender Website as well as the submission of the hard copy of the
Enclosures of Application shall take place on or prior to the Application Due Date. Any
submission of either the Application or the hard copy Enclosures of Application, post the
Application Due Date, will lead to the Application being summarily rejected.

2.1.5 The Applicant shall submit a Power of Attorney as per the format set forth in Appendix III
authorizing the signatory of the Application to commit the Applicant, accompanied by a
board resolution or charter document in favour of the executant. In case the Applicant is in
the nature of a Consortium, the Members thereof should furnish a Power of Attorney in
favour of the Lead Member as per the format set forth in Appendix III A duly supported
with a charter document or board resolution in favour of executant.

2.1.6 Any condition or qualification or any other stipulation contained in the Application shall
render the Application liable to rejection as a non-responsive Application. Notwithstanding
anything to the contrary contained in this RFQ, the detailed terms specified in the DTA
 Contract shall have an overriding effect; provided, however, that any conditions or obligations
imposed on the Applicant hereunder shall continue to have effect in addition to its obligations
under the DTA Contract.

2.1.7 The Application and all communications in relation to or concerning the Application
shall be in English language.

2.1.8 The documents including this RFQ and all attached documents, provided by the Authority
are and shall remain or become the property of the Authority and are transmitted to the
Applicants solely for the purpose of preparation and submission of a Application in
accordance herewith. Applicants are to treat all information as strictly confidential and shall
not use it for any purpose other than for preparation and submission of their Application.
The provisions of this Clause 2.1.8 shall also apply mutatis mutandis to Applications and
all other documents submitted by the Applicant, and the Authority shall not return to the
Applicants any Application, document or any information provided therewith.

2.1.9 This RFQ and all Application Documents are non-transferable.

2.1.10 The Applications shall be submitted as per the format provided in the Appendices of this
RFQ. The Application shall consist of:

APPENDIX I: Letter comprising the Application

APPENDIX II: Details of the Applicant

APPENDIX III: Power of Attorney for Signing of Application in favor of the Authorized
Signatory with a board resolution or a relevant extract of the charter document in favor of
executant

APPENDIX III A: Power of Attorney for Signing of Application in favor of the Lead
Member with a board resolution or a relevant extract of the charter document in favor of
executant.

APPENDIX IV: Technical Capacity of the Applicant with supporting documents

APPENDIX V: Financial Capacity of Applicant with supporting documents

APPENDIX VI: Joint Application Document

APPENDIX VII: Application Checklist

APPENDIX VIII: Financial Proposal

2.1.11 Any entity which has been barred by the Central/ State Government, or any other
government institution in India, for any reason, from participating in any public
procurement project, and the bar subsists as on the Application Due Date, would not be
eligible to submit the Application.
 2.1.12 Further, an Applicant should, in the last 3 (three) years, 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 Applicant, or its Associate,
as the case may be, nor should have been expelled from any project or contract by any
public entity nor have had any contract terminated by any public entity for breach by such
Applicant or its Associate.

For the purposes of this RFQ, Associate and Control shall have the meaning ascribed to
it in Clause 2.2.1 (c) of this RFQ.

Provided, however, that where an Applicant claims that its disqualification arising on
account of any cause or event specified in this Clause 2.1.12 is such that it does not reflect
(a) any malfeasance on its part in relation to such cause or event; (b) any willful default
or patent breach of the material terms of the relevant contract; (c) any fraud, deceit or
misrepresentation in relation to such contract; or (d) any rescinding or abandoning of
such contract, it may make a representation to this effect to the Authority for seeking a
waiver from the disqualification hereunder and the Authority may, in its sole discretion
and for reasons to be recorded in writing, grant such waiver if it is satisfied with the
grounds of such representation and is further satisfied that such waiver is not in any
manner likely to cause a material adverse impact on the Application Process or on the
implementation of the Project.

2.1.13 An Applicant shall be liable for disqualification if any legal, financial or technical adviser
of the Authority in relation to the Project is engaged by the Applicant or any Associate
thereof, as the case may be, in any manner for matters related to or incidental to such
Project during the Application Process or subsequent to the (i) issuance of the LOA or
(ii) execution of the DTA Contract for provision of Services. In the event any such
adviser is engaged by the Selected Applicant(s), after issuance of the LOA or execution
of the DTA Contract for matters related or incidental to the Project, then notwithstanding
anything to the contrary contained herein or in the LOA or the DTA Contract for
provision of Services to be executed by the Authority at a later stage, and without
prejudice to any other right or remedy of the Authority, which the Authority may have
thereunder or otherwise, the LOA or the DTA Contract , as the case may be, shall be
liable to be terminated without the Authority being liable in any manner whatsoever to
the Selected Applicant(s) for the same. For the avoidance of doubt, this disqualification
shall not apply where such adviser was engaged by the Applicant or Associate in the past,
but its assignment expired or was terminated prior to the Application Due Date.

2.1.14 The Applicant shall provide details of all its litigations, if any, against the
Authority/Government in the format provided in para 6 of Appendix II.
2.1.15 The Applicant shall also provide details of updated information of any
blacklisting/debarment, if any, existing as on Application Due Date, under any contract
with the Authority/Government in the format provided in para 5 of Appendix II.

2.1.16 The Authority reserves the right to reject an otherwise eligible Applicant on the basis of
the information provided under Clauses 2.1.14 and 2.1.15 above. The decision of the
Authority in this case shall be final.

2.1.17 The eligibility of the Applicant shall be subject to approval of the Authority from national
security and public interest perspective, in cases,

a) where, on the date of the Application, not less than 25% (twenty five percent) of the
aggregate issued, subscribed and paid up equity share capital in a Applicant is held by
persons resident outside India or where a Applicant is controlled by persons resident
outside India; or

b) if at any subsequent stage after the date of the Application, there is an acquisition of
not less than 25% (twenty five percent) of the aggregate issued, subscribed and paid
up equity share capital or control, by persons resident outside India, in or of the
Applicant;

The decision of the Authority in this behalf shall be final and conclusive and binding on
the Applicant.

The holding or acquisition of equity or control, as above, shall include direct or indirect
holding/ acquisition, including by transfer of the direct or indirect legal or beneficial
ownership or control, by persons acting for themselves or in concert and in determining
such holding or acquisition, the Authority shall be guided by the principles, precedents and
definitions contained in the Securities and Exchange Board of India (Substantial
Acquisition of Shares and Takeovers) Regulations, 2011, or any substitute thereof, as in
force on the date of such acquisition.

The Applicant shall promptly inform the Authority of any change in the shareholding, as
above, and failure to do so shall render the Applicant liable for disqualification from the
Application Process. While evaluating the Applications, regard will be paid to national
defense and security considerations. Offer received from any Applicant may be summarily
rejected on national security consideration without any intimation thereof to the Applicant.

The Applicants will be obliged to protect the national interests like national security
whenever necessary and required, and also honour priority orders of the Government
of India, in this regard. The Applicants will also abide by the various statutory
 requirements on the protection of the environment, anti-pollution measures, safety,
conservancy etc. and also abide by the directives issued by the Government of India
from time to time.
2.2 Eligibility and qualification requirements of Applicants
2.2.1 For determining the eligibility of Applicant the following shall apply:

(a) The Applicant shall be any legal entity incorporated/ registered under the applicable
laws of India and having a valid GST registration. Provided however that natural
persons are not eligible to submit Applications.

(b) The Applicant shall be a single entity (the “Sole Firm”) or as lead member of a
consortium (“Consortium”) of firms (the “Lead Member”) in response to this
invitation. The maximum members in a consortium will be limited to 2 (two).
However, no Applicant or its Associate shall submit more than one Application for the
Project. An Applicant applying individually or as an Associate shall not be entitled to
submit another application either individually or as a member of any consortium, as
the case may be..

(c) In case the Applicant is a Consortium of entities, it should comply with the following
additional requirements:

i. Application should contain the information required for each Member of the
Consortium, provided number of Members of the Consortium shall not exceed
2 (two);

ii. Members of the Consortium shall nominate 1 (one) member as the Lead
Member;

iii. The nomination of the Lead Member shall be supported by a Power of Attorney,
as per the format set forth in Annexure H, signed by all the other Members of
the Consortium;

iv. The Members of a Consortium shall execute the Project through the Lead
Member who shall sign the Agreement with Authority, for and on behalf of the
Consortium. In this regard, its clarified that all Members of the Consortium
shall be jointly and severally liable to execute the Project during the Concession
period;

v. Members of the Consortium shall enter into a binding Joint Application

Agreement for the purpose of submitting their Application; and

vi. Without prejudice to the joint and several liability of all the Members of the
Consortium, the Lead Member shall represent all the Members of the
 Consortium and shall at all times be liable and responsible for discharging the
functions and obligations of the Developer. The Developer shall ensure that
each Member of the Consortium shall be bound by any decision,
communication, notice, action or inaction of the Lead Member on any matter
related to this Project and the Authority shall be entitled to rely upon any such
action, decision or communication of the Lead Member. The Authority shall
have the right to release payments solely to the Lead Member and shall not in
any manner be responsible or liable for the inter se allocation of payments
among Members of the Consortium.

(Note: A copy of the Joint Application Agreement should be submitted along with the
Application. The Joint Application Agreement entered into between the Members of the
Consortium should be specific to the Project and should fulfil the above requirements,
failing which the Application shall be considered non-responsive.)

(d) While, only entities registered/ incorporated in India are permitted to submit
Application for the Project. It is clarified that as mandated under the Order (Public
Procurement No. 1) dated 23rd July 2020 issued by the Ministry of Finance,
Department of Expenditure, Public Procurement Division, the Applicant shall not,
unless registered with the Competent Authority under the aforesaid Order, be related
to an entity in a country which shares a land border with India, in any of the following
ways:

a. A subsidiary of an entity incorporated, established or registered in such a

country; or

b. An entity substantially controlled through entities incorporated,

established or registered in such a country; or

c. An entity whose beneficial owner is situated in such a country; or

d. An Indian (or other) agent of such an entity; “agent” for the purposes of
this RFQ shall mean a person employed to do any act for another, or to
represent another in dealings with third person.

e. natural person who is a citizen of such a country

The “beneficial owner” for the purpose of (c) above shall mean,

1. In case of a company or Limited Liability Partnership, the beneficial owner is

the natural person(s), who, whether acting alone or together, or through one or
more juridical persons, has a controlling ownership interest or who exercises
control through other means. Where no natural person is identified, the beneficial
 owner is the relevant natural person who holds the position of senior managing
official.

Explanation –

a. “Controlling ownership interest” means ownership of or entitlement to more than

25% (twenty-five per cent) of shares or capital or profits of the company,

b. “Control” shall include the right to appoint majority of the directors or to control
the management or policy decisions including by virtue of their shareholding
or management rights or shareholders agreements or voting agreements,

2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether
acting alone or together, or through one or more juridical person, has ownership of
entitlement to more than fifteen percent of capital or profits of the partnership;

3. In case of an unincorporated association or body of individuals, the beneficial owner

is the natural person(s), who, whether acting alone or together, or through one or more
juridical person, has ownership of or entitlement to more than fifteen percent of the
property or capital or profits of such association or body of individuals.

4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner
is the relevant natural person who holds the position of senior managing official.

5. In case of a trust, the identification of beneficial owner(s) shall include identification

of the author of the trust, the trustee, the beneficiaries with fifteen percent or more
interest in the trust and any other natural person exercising ultimate effective control
over the trust through a chain of control or ownership

Provided further that the Selected Applicant shall not be allowed to sub-contract to any
contractor from a country which shares a land border with India unless such contractor
is registered with the Competent Authority as provided in the aforesaid Order. It is
however clarified that, as mentioned in Annexure B of the aforesaid Order, the
restriction contained in this clause will not apply in respect of those countries (even if
sharing a land border with India) to which the Government of India has extended lines
of credit or in which the Government of India is engaged in development projects. The
updated lists of countries to which lines of credit have been extended or in which
development projects are undertaken are given on the website of the Ministry of
External Affairs.

“Competent Authority” for the purpose of this Clause means the Authority defined in
Annex 1 of the Order (Public Procurement No. 1) dated 23rd July 2020 issued by the
Ministry of Finance, Department of Expenditure, Public Procurement Division.
Applicants must read carefully the minimum conditions of eligibility (the “Conditions of
Eligibility”) provided herein. Proposals of only those Applicants who satisfy the
Conditions of Eligibility will be considered for evaluation.

(e) An Applicant shall not have a Conflict of Interest (the “Conflict of Interest”) that
affects the Application Process. Any Applicant found to have a Conflict of Interest
shall be disqualified. Without limiting the generality of the above, a Applicant shall be
considered to have a Conflict of Interest that affects the Application Process, if:

i. the Applicant, its Member or Associate (or any constituent thereof) and any other
Applicant, its Member or Associate (or any constituent thereof) have common
controlling shareholders or other ownership interest; provided that this
disqualification shall not apply in cases where the direct or indirect shareholding
of a Applicant, its Member or an Associate thereof (or any shareholder thereof
having a shareholding of more than 5 per cent of the paid up and subscribed share
capital of such Applicant, Member or Associate, as the case may be) in the other
Applicant, its Member or Associate is less than 5 per cent of the subscribed and
paid up equity share capital thereof; provided further that this disqualification shall
not apply to any ownership by a bank, insurance company, pension fund or a public
financial institution referred to in section 2(72) of the Companies Act, 2013. For
the purposes of this Clause 2.2.1, indirect shareholding held through one or more
intermediate persons shall be computed as follows: (aa) where any intermediary is
controlled by a person through management control or otherwise, the entire
shareholding held by such controlled intermediary in any other person (the
“Subject Person”) shall be taken into account for computing the shareholding of
such controlling person in the Subject Person; and (bb) subject always to sub-clause
(aa) above, where a person does not exercise control over an intermediary, which
has shareholding in the Subject Person, the computation of indirect shareholding
of such person in the Subject Person shall be undertaken on a proportionate basis;
provided, however, that no such shareholding shall be reckoned under this sub-
clause (bb) if the shareholding of such person in the intermediary is less than 26%
(twenty six per cent) of the subscribed and paid up equity shareholding of such
intermediary; or

ii. a constituent of such Applicant is also a constituent of another Applicant; or

iii. such Applicant, its Member or any Associate thereof receives or has received any
direct or indirect subsidy, grant, concessional loan or subordinated debt from any
other Applicant, its Member or Associate, or has provided any such subsidy, grant,
concessional loan or subordinated debt to any other Applicant, its Member or
Associate; or
 iv. such Applicant has the same legal representative for purposes of this Application
as any other Applicant; or

v. such Applicant or any Associate thereof has a relationship with another Applicant
or any Associate thereof, directly or through common third parties, that puts them
in a position to have access to each other’s information about, or to influence the
Application of either or each of the other Applicant; or

vi. such Applicant has participated as a consultant or sub-consultant to the Authority

in the preparation of any documents, design or technical specifications of the
Project.

Explanation:

For the purposes of this RFQ, Associate means, in relation to the Applicant, a person who
controls, is controlled by, or is under common control with such Applicant (the
“Associate”). The expression “Control” means, with respect to a person which is a
company or corporation, the ownership, directly or indirectly, of more than 50% (fifty per
cent) of the voting share capital of such person, and with respect to a person which is not a
company or corporation, the power to direct the management and policies of such person,
whether by operation of law, contract/agreement or otherwise.
2.2.2 Minimum Eligibility Criteria

2.2.2.1 Technical & Financial Capacity: For demonstrating technical capacity, the Bidder shall
need to fulfill the undermentioned minimum eligibility criteria (“Minimum Eligibility
Criteria”):
(i) The Bidder can be a single legal entity or a consortium of 2 (two) members.

(ii) If the Bidder is a single legal entity or a consortium, then it must meet the following
criteria either individually or collectively, as the case may be, referred to as "Technical
Capacity":

(a) it has experience of having completed at least 1 (one) Eligible Exhibition Design
Assignment for Similar Facilities in the last 7 (seven) years preceding the Application
Due Date having total project cost of each such assignment being at least INR 8 Crore;
OR

(b) it has experience of having completed at least 2 (two) Eligible Exhibition Design
Assignment for Similar Facilities in the last 7 (seven) years preceding the Application
Due Date having total project cost of each such assignment being at least INR 5 Crore
;
OR
 (c) it has experience of having completed at least 3 (three) Eligible Exhibition Design
Assignment for Similar Facilities in the last 7 (seven) years preceding the Application
Due Date having total project cost of each such assignment being at least INR 4 Crore
;

AND

(iii) It has experience of having completed at least 1 (one) Eligible Site Supervision
Assignment in the last 7 (seven) years preceding the Application Due Date for the
Similar facilities having total project cost of INR 10 Crore.

AND

(iv) It has experience of having completed at least 1 (one) Eligible Design Assignment in
the last 7 (seven) years preceding the Application Due Date for the Similar facilities
having total project cost of INR 10 Crore.

Note: For the purpose of the RFQ:

Eligible Exhibition Design Assignment: Experience of exhibition design for any Similar facilities during
the last 7 years. Experience of ongoing projects against this criterion would be considered, provided in such
projects design phase should have been completed.

Eligible Design Assignment: Experience of providing architectural design and/or providing detailed design
including but not limited to the Architectural, Structural, MEPF, HVAC etc for any Similar facilities during
the last 7 years immediately preceding the ADD. Experience of ongoing projects against this criterion would
be considered, provided in such projects detailed design and engineering should have been completed.

Eligible Site Supervision Assignment: Experience of site supervision and monitoring for Civil works/
Museum Interior works/ Exhibition Fabrication & Installation works for any Similar facilities during the
last 7 years. Experience of ongoing projects against this criterion will not be considered.

Similar facilities would include museums, theme-based galleries, Exhibitions, Art Galleries, Interpretation
centres, Cultural Centres.

For Past Experience projects, the value of work executed shall be brought to current costing level by
enhancing the actual value of work at simple rate of seven percent per annum, calculated from the date of
completion to the proposal due date.

The Bidder shall provide the documentary evidence in support of its credential such as agreement
copy/work order / Letter of Award, and/or client certificate or statutory auditor’s certificate or Chartered
Accountant’s certificate, as the case may, be for demonstrating the Technical Capacity. Such documentary
evidence shall be duly signed by the authorized signatory of the Bidder.

(i) If the Bidder is a single legal entity or a consortium, then it must meet the following
criteria either individually or collectively:
 (d) the Bidder must have an average annual Turnover greater than INR 30 lakhs (Rupees
Thirty Lakhs only) for the last 3 (three) financial years (2020-21, 2021-22 and 2022-
23) preceding the Application due date. This must be certified by statutory auditor/CA.
In case the annual accounts for the latest financial year are not audited, the Bidder shall
provide an undertaking duly signed by SA/CA to this effect, and shall submit Turn
Over credentials for the financial year preceding the latest financial year for which the
Turnover is not audited and therefore not being provided.

(e) the Bidder Must have a positive Net Worth for the financial year ending on 31 March
2023. This must be certified by statutory auditor/CA. In case the annual accounts for
the latest financial year are not audited, the Bidder shall provide an undertaking duly
signed by SA/CA to this effect.

(d) and (e) are collectively referred to as "Financial Capacity".

The Bid must be accompanied by the audited annual reports of the Bidder for the latest financial year
preceding the Application Due Date.

Note:
(i) If the Bidder is a single legal entity or a consortium, then it must meet the above criteria either
individually or collectively, as the case may be, referred to as "Financial Capacity".

(ii) The Bidder shall provide documentary evidence by way of Statutory Auditor’s /Chartered
Accountant’s certificate for demonstrating the Financial Capacity. Such documentary evidence
shall be duly signed by the authorized signatory of the single Bidder or a Member of the
Consortium (whose credentials were taken into consideration for the purposes of technical
qualification under and in accordance with the RFQ), as the case may be.

For the purposes of this RFQ, Net Worth means:

i. in case the Bidder is a company, Net Worth will mean the aggregate value of the paid-up
share capital and all free reserves created out of the profits and securities premium account,
after deducting the aggregate value of the accumulated losses, deferred expenditure and
miscellaneous expenditure not written off, as per the audited balance sheet, but does not
include reserves created out of revaluation of assets, write-back of depreciation and
amalgamation; and

ii. in case the Bidder is a trust or a society, Net Worth will mean the sum of available corpus
and its free reserves.

For the purposes of this RFQ, Turn Over means:

i. in case the Bidder is a company - the aggregate value of the realization of amount made
from the sale, supply or distribution of goods or on account of services rendered, or both,
by the company during a financial year. For avoidance of doubt, it is clarified that it shall
 not include interest earned from financial instruments.

ii. in case the Bidder is a society or a trust: is the gross receipts which includes donations
from individuals and corporations, support from government agencies, income from
activities related to the organization's mission, and income from fundraising activities,
membership dues, and financial investments such as stock shares in companies.

Technical Score: The Bidders shall be provided Score based on their Technical Capacity, Financial
Capacity and Technical Presentation. The Bidders shall be awarded marks out of 100 marks on the
following criteria:

• Technical Criteria (i.e. Past Experience and Financial Capacity) – 60 Marks

• Technical Presentation – 40 Marks
The Bidder shall be required to score in aggregate at least 65 Marks (“Minimum Technical Score”),
pursuant to marks scored basis its Technical Bid submissions and its Technical Presentation, in accordance
with terms hereof.

The Bidders meeting the Minimum Eligibility Criteria shall be provided Technical Score based on their
Technical Bid as mentioned below-
Technical Score: The Bidders shall be awarded marks based on the following criteria.

Technical Score: Total 100 Marks

S No Maximum
Criteria Evaluation Details
Marks
Average Annual Turnover of
the Bidder in the last three
financial years preceding the Bidder with minimum INR 30 Lakhs Average Annual
Application Due Date. Turnover-5 Marks.
1. This shall be arrived based on 10
the certificate from the duly For Every Additional INR 30 Lakhs of Average Annual
certified by statutory Turnover-1 Marks over and above INR 30 Lakhs.
auditor/CA (refer format in
APPENDIX V).
Meeting the minimum technical capacity criteria – 8
marks.

For each eligible additional project with a total project

cost of at least INR 8 Crore-4 Marks.
Technical Capacity in Eligible
Exhibition Design For each eligible additional project with a total project
2. 20
Assignment as defined in cost at least INR 6 Crore-3 Marks.
Clause 2.2.2.1 (ii)
For each eligible additional project with a total project
cost at least INR 4 Crore- 2 Marks.

Scoring for eligible assignments under this criterion is

subject to maximum up to 20 marks.
 Meeting the minimum technical capacity criteria – 6
marks.
Technical Capacity in Eligible
3. Design Assignment as defined 10 For each eligible additional project – 2 marks,
in Clause 2.2.2.1 (iv)
Scoring for eligible assignments under this criterion is
subject to maximum up to 10 marks.
Meeting the minimum technical capacity criteria – 6
marks.
Technical Capacity in Eligible
4. Site Supervision Assignment 10 For each eligible additional project – 2 marks,
as defined in Clause 2.2.2.1
(iii)
Scoring for eligible assignments under this criterion is
subject to maximum up to 10 marks.
Approach and Methodology for the project:
i) Team Composition
5. Approach and methodology ii) Experience of Past Project Execution
10
iii) Approach and methodology for the project
iv) Approach for smooth operations & maintenance
strategy for the project
The presentation by the Bidder will be evaluated based on
their proposal for modernisation and upgradation of the
Archaeology Gallery, Baroda Museum and Picture
Gallery (As per details attached in Annexure I, Vol I of
the RFP)
I. Understanding of the Existing Condition of
the Gallery and interventions required to
Technical Presentation to be
achieve the vision for Gallery Upgradation
made and shown at a date and
6. time intimated by the and Modernisation.
40
II. Proposed Conceptual design and Curation
Authority
for the Gallery, showcasing details of
Curation, Storyline, Theming, 3D
views/renders, exhibits etc of an
Archaeological Gallery proposed With
required 3D/2D
III. Any key exhibits/star attractions proposed.
IV. Estimated Cost and Timelines

In computing the Technical & Financial Capacity and Technical score of the Bidder/ Consortium
Members under Clause 2.2.2, the Technical & Financial Capacity and experience proof of their
respective Associates would also be eligible hereunder.

2.2.2.2 The Applicant shall provide documentary evidence for the aforementioned Technical
and Financial Capacity as specified in Clause 2.2.2.1.
2.2.2.3 Submission in support of Technical Capacity and Financial Capacity
 a) The Applicant shall submit the details of fulfillment of the Technical Capacity as per
the format provided in Appendix IV. In support of demonstration of the Technical
Capacity, the Applicants shall submit the requisite documents mentioned in Clause
2.2.2.1.
b) The Applicant shall submit the details regarding fulfillment of the Financial Capacity
in the format provided in Appendix V, along with the requisite supporting documents
mentioned in Clause 2.2.2.1.
For the avoidance of doubt, “financial year” shall, for the purposes of the Application
hereunder and for the purpose the Application Documents and this RFQ, mean the
accounting year followed by the Applicant in the course of its normal business.
In computing the Technical Capacity and Financial Capacity of the Applicant under
Clause 2.2.2.1, the Technical Capacity and Financial Capacity of their respective
Associates would also be eligible hereunder. The definition of Associate has been
provided herein in this RFQ in the Explanation to Clause 2.2.1 (d). It is clarified that
a certificate from a qualified external auditor who audits the book of accounts of the
Applicant shall be provided to demonstrate that a person is an Associate of the
Applicant, as the case may be.
2.2.2.4 Currency conversion rate
For conversion of US Dollars to Rupees, the rate of conversion shall be INR [80] to a US
Dollar. In case of any other currency, the same shall first be converted to US$ as on the
date 60 (sixty) days prior to the Application Due Date, and the amount so derived in US$
shall be converted into INR at the aforesaid rate. The conversion rate of such currencies
shall be the daily representative exchange rates published by the International Monetary
Fund for the relevant date.
2.3 Proprietary data

All documents and other information supplied by the Authority or submitted by a

Applicant to the Authority shall remain or become the property of the Authority. Applicants
are to treat all information as strictly confidential and shall not use it for any purpose other
than for preparation and submission of their Applications. The Authority shall not
return any Application, or any information provided therewith.

2.4 Cost of Application Process

The Applicants shall be responsible for all of the costs associated with the preparation of their
Applications and their participation in the Application Process. The Authority shall not be
responsible or in any way liable for such costs, regardless of the conduct or outcome of the
Application Process.
2.5 Verification of information

2.5.1 It shall be deemed that by submitting an Application, the Applicant has:

(a) made a complete and careful examination of the RFQ;

(b) received all relevant information requested from the Authority;

(c) accepted the risk of inadequacy, error or mistake in the information provided in the
Application Documents or furnished by or on behalf of the Authority relating to any
of the matters referred to i n sub-clause (a) or (b) above. No claim shall be admissible
at any stage on this account; and

(d) agreed to be bound by the undertakings provided by it under and in terms hereof.

2.5.2 The Authority shall not be liable for any omission, mistake or error in respect of any of
the above or on account of any matter or thing arising out of or concerning or relating to the
Application Documents, including any error or mistake therein or in any information or
data given by the Authority.
2.6 Verification and Disqualification
2.6.1 The Authority reserves the right to verify all statements, information and documents
submitted by the Applicant in response to this RFQ and the Applicant shall, when so
required by the Authority, make available all such information, evidence and documents as
may be necessary for such verification. Any such verification or lack of such verification,
by the Authority shall neither relieve the Applicant of its obligations or liabilities hereunder
nor affect any rights of the Authority hereunder.

2.6.2 The Authority reserves the right to reject any Application if:

(a) at any time, a material misrepresentation is made or uncovered; or

(b) the Applicant does not provide, within the time specified by the Authority, the
supplementary information sought by the Authority for evaluation of the
RFQ Application.

Such misrepresentation/ improper response shall lead to the disqualification of the

Applicant.

2.6.3 In case it is found during the evaluation or at any time before selection of the Selected
Applicant(s) that one or more of the eligibility requirements have not been met by the
Applicant, or the Applicant has made material misrepresentation or has given any
materially incorrect or false information, the Applicant shall be disqualified forthwith. If
the Selected Applicant(s) has already been issued the Empanelment Order or the LOA or
has entered into the DTA Contract for provision of Services, as the case may be, the same
 shall, notwithstanding anything to the contrary contained therein or in this RFQ, be liable
to be terminated, by a communication in writing by the Authority to the Selected
Applicant(s) without the Authority being liable in any manner whatsoever to the Selected
Applicant(s).
2.7 Contents of the RFQ

2.7.1 This RFQ comprises the Disclaimer set-forth hereinabove, the contents as listed
below, and will additionally include any Addenda issued in accordance with
Clause 2.9.

Section 1. Introduction
Section 2. Instructions to Applicants
Section 3. Evaluation of Applications
Section 4. Fraud and Corrupt Practices
Section 5. Pre-Application Conference
Section 6. Miscellaneous

Appendices
I. Letter comprising the Application
II. Details of the Applicant
III. Power of Attorney
III A Power of Attorney
IV Technical Capacity of the Applicant
V Financial Capacity of the Applicant
VI Joint Application Agreement
VII. Application Checklist
Annexure
I. Brief Details of renovation & modernization of Baroda Museum &
Picture Gallery

2.8 Clarifications
2.8.1 Applicants requiring any clarification on the RFQ may notify the Authority in writing by
e-mail to the email ID specified in Clause 1.2.7. They should send in their queries on or
before the date mentioned in the schedule of Application Process specified in Clause 1.3.
The Authority shall endeavor to respond to the queries within the period specified therein,
but no later than 7 (seven) days prior to the Application Due Date. The responses will be
uploaded on the Tender Website, without identifying the source of queries.

2.8.2 The Authority shall endeavor to respond to all the questions raised or clarifications sought
by the Applicants. However, the Authority reserves the right not to respond to any question
or provide any clarification, in its sole discretion, and nothing in this Clause 2.8 shall be
 taken or read as compelling or requiring the Authority to respond to any question or to
provide any clarification.

2.8.3 The Authority may also on its own motion, if deemed necessary, issue interpretations and
clarifications to all Applicants. All clarifications and interpretations issued by the Authority
shall be deemed to be part of the Application Documents. Verbal clarifications and
information given by Authority or it employees or representatives shall not in any way or
manner be binding on the Authority.

2.8.4 To facilitate evaluation of the Application, the Authority may, at its sole discretion, seek
clarifications from any Applicant regarding its Application. Such clarification(s) may
without prejudice include clarifications with respect to minor deviations found in the
Application and shall be provided within the time specified by the Authority for this
purpose. Any request for clarification(s) and all clarification(s) in response thereto shall
be in writing.

2.8.5 If an Applicant does not provide clarifications sought under Clause 2.8.4 above within the
prescribed time, its Application may be liable to be rejected. In case the Application is not
rejected, the Authority may proceed to evaluate the Application by construing and
interpreting the particulars requiring clarification to the best of its understanding, and the
Applicant shall be barred from subsequently questioning such interpretation of the
Authority.

2.9 Amendment of RFQ

2.9.1 At any time prior to the Application Due Date, the Authority may, for any reason, whether
at its own initiative or in response to clarifications requested by an Applicant, modify the
RFQ by the issuance of addenda (“Addendum”).
2.9.2 Any Addendum issued hereunder will be issued and published on the Tender Website.

2.9.3 In order to afford the Applicants a reasonable time for taking an Addendum into
account, or for any other reason, the Authority may, in its sole discretion, extend the
Application Due Date.
2.10 Format and Signing of Application

2.10.1 The Applicant shall provide all the information sought under this RFQ. The Authority
will evaluate only those Applications that are uploaded on the Tender Website in
the required formats and are complete in all respects, on or prior to the Application Due
Date. Incomplete and /or conditional Applications or Applications not submitted online on
Tender Website shall be rejected.
2.10.2 The Applicant shall submit its Application along with all appendices as prescribed under
this RFQ, on the Tender Website. Each page of the Application shall be signed digitally by
the authorized signatory of the Applicant.

2.10.3 The Applicant shall also on or before the Application Due Date submit a hard copy of
certain legal instruments and documents in hard copy to the address and person mentioned
in Clause 2.11.3. The hard copy submission shall be referred to as the “Enclosures of
Application”.

The Enclosures of Application shall include the following particulars:

a) Original Demand Draft for the purpose of payment of Document Fee;

b) Letter comprising the Application as provided in Appendix I;

c) Power of Attorney for signing of Application in the prescribed format as provided in

Appendix III and /or IIIA supported with board resolution or relevant extract of charter
document in favour of executant;

For the avoidance of doubt, it is clarified that without prejudice to the requirement of
submission of hard copy of Enclosures of Application, a scanned copy of the
abovementioned Enclosures of Application shall also be uploaded on the Tender Website
along with the respective Applications.

In case of any discrepancy and difference between the scanned copy and the original hard
copy of the Enclosures of Application, the original hard copy shall prevail.

2.10.4 The Application and all related correspondence and documents in relation to the
Application Process shall be in English language. Supporting documents and printed
literature furnished by the Applicant with the Application may be in any other language
provided that they are accompanied by translations of all the pertinent passages in the
English language, duly authenticated and certified by the Applicant. Supporting materials,
which are not translated into English, may not be considered. For the purpose of
interpretation and evaluation of the Application, the English language translation shall
prevail.
2.11 Documents comprising Application

2.11.1 (i) The Applicant shall submit the Technical Application comprising of following
documents along with supporting documents as appropriate:

(a) Appendix I - Letter comprising the Application

(b) Appendix II - Details of the Applicant

 (c) Appendix III - Power of Attorney for Signing of Application in favor of the
Authorized Signatory along with board resolution or relevant extract of charter
document in favor of executant

(d) Appendix IIIA - Power of Attorney in favour of the Lead Member duly supported
with a charter document or board resolution in favour of executant

(e) Appendix IV - Technical Capacity of the Applicant with supporting documents

(f) Appendix V - Financial Capacity of Applicant with supporting documents

(g) Appendix VI – Joint Application Document

(h) Appendix VII - Application checklist

(i) Appendix VIII- Financial Proposal

2.11.2 The Applicant shall upload the Application in the format specified in Appendices I-VIII,
including the documents specified in Clause 2.11.1 above, on the Tender Website. Each
page of the Application, including the appendices thereto, shall be signed digitally by the
authorized signatory of the Applicant. The Applicants are required to sign their
Applications using Class III - Digital Certificates at the time of uploading the soft copy
of the Tender Website.

Further, the hard copy submission of the Enclosures of Application shall be made in a
sealed envelope and the envelope shall be marked as “RFQ-Application for
Empanelment of Design and Technical Agency for Various works at Directorate of
Archaeology and Museums”. The envelope shall clearly mention the name and address
of the Applicant.

2.11.3 The envelope mentioned above shall be addressed to the following officer and shall be
submitted at the address below:

ATTN. OF: Director, Directorate of Archaeology and Museums

ADDRESS: Abhilekhagar Bhavan, Sector-17, Gandhinagar, Gujarat 382017
E-MAIL ADDRESS: dirmuseums@gujarat.gov.in

2.11.4 If the envelopes are not sealed and marked as instructed above, the Authority
assumes no responsibility for the misplacement or premature opening of the
contents of the Application submitted and consequent losses, if any, suffered by the
Applicant.

2.11.5 Applications submitted by fax, telex, telegram or e-mail shall not be entertained and
shall be summarily rejected.
2.12 Application Due Date

Applications comprising of the documents listed at Clause 2.11.1 of the RFQ

shall be uploaded on the Tender Website and the hard copy of the Enclosures of Application
shall be submitted at the address specified in Clause 2.11.3 on or before the date and time
specified in Clause 1.3. Upon submission of the hard copy of the Enclosures of Application,
a receipt thereof should be obtained from the authorized representative of the person
specified at Clause 2.11.3. For the avoidance of doubt, the hard copy submission of the
Enclosures of Application shall also be completed on or before the time specified in Clause
1.3 and on or before the Application Due Date failing which the Application shall be
rejected as non-responsive and returned unopened.

2.13 Late Applications

Applications (both online submission on Tender Website and/ or hard copy submission of
the Enclosures of Application) received by the Authority after the specified time on the
Application Due Date shall not be eligible for consideration and shall be summarily rejected
and hard copies [if submitted] shall be returned unopened.
2.14 Preparation and Submission of Applications:

The Application shall be submitted by the Applicants as stated in Clause 2.11.1 only. No
Application can be modified, substituted or withdrawn by the Applicant on or after the
Application Due Date and time.
2.15 Opening of Applications

The Authority shall open Applications on the date and time specified in the Schedule of
Application Process under Clause 1.3. The Applications shall be opened in the presence of
the authorized representatives of the Applicants, who choose to attend. Application of only
those Applicants shall be opened whose Applications have been uploaded on the Tender
Website in the correct format and with complete appendices and whose Enclosures of
Application have been physically received on or before the Application Due Date. The
Authority will subsequently examine and evaluate the Applications in accordance with the
provisions of Section 3 of this RFQ.
2.16 Rejection of Applications

2.16.1 Notwithstanding anything contained in this RFQ, the Authority reserves the right to
reject any Application and to annul the Application Process and reject all Applications
at any time without any liability or any obligation for such rejection or annulment, and
without assigning any reasons thereof. In the event that the Authority rejects or annuls
all the Applications, it may, in its discretion, invite all eligible Applicants to submit fresh
Applications hereunder.
2.16.2 The Authority reserves the right not to proceed with the Application Process at any time,
without notice or liability, and to reject any Application without assigning any reasons.
2.17 Validity of Applications

The Applications shall be valid for a period of not less than 120 (one hundred and twenty)
days from the Application Due Date. The validity of Applications may be extended by
mutual consent of the respective Applicants and the Authority.
2.18 Confidentiality

Information relating to the examination, clarification, evaluation and recommendation

for the Applicants shall not be disclosed to any person who is not officially concerned
with the Application Process or is not a retained professional advisor advising the
Authority in relation to or matters arising out of or concerning the Application Process.
The Authority will treat all information, submitted as part of the Application, in
confidence and will require all those who have access to such material to treat the same
in confidence. The Authority may not divulge any such information unless it is directed
to do so by any statutory entity that has the power under law to require its disclosure or
to enforce or assert any right or privilege of the statutory entity and/ or the Authority or
as may be required by law or in connection with any legal process.

2.19 Correspondence with the Applicant

Save and except as provided in this RFQ, the Authority shall not entertain any
correspondence with any Applicant in relation to acceptance or rejection of any
Application.
 SECTION 3
EVALUATION OF APPLICATIONS
3.1 Evaluation of Applications
3.1.1 The Authority will evaluate only those Applications that are received in the required
formats and complete in all respects and which are submitted on the e-Procurement Portal
on or prior to the Application Due Date, along with physical hard copy submission of the
Technical Applications. Incomplete and /or conditional Application or Applications not
submitted online on e-Procurement Portal shall be rejected.
The Authority shall open the Technical Application at the prescribed time and place in
the presence of the Applicants and their authorized representatives who choose to attend.
3.1.2 If any information furnished by the Applicant is found to be incomplete, or contained
in formats other than those specified herein, the Authority may, in its sole discretion,
exclude the relevant information for consideration of eligibility and selection of the
Applicant.

3.1.3 To facilitate evaluation of Applications, the Authority may, at its sole discretion, seek
clarifications in writing from any Applicant regarding its Applications. Such
clarification(s) shall be provided within the time specified by the Authority for this
purpose. Any request for clarification(s) and all clarification(s) in response thereto shall
be in writing.

3.1.4 If a Applicant does not provide clarifications sought under Clause 3.1.3 above within
the prescribed time, its Application may be liable to be rejected. In case the Application
is not rejected, the Authority may proceed to evaluate the Application by construing
the particulars requiring clarification to the best of its understanding, and the Applicant
shall be barred from subsequently questioning such interpretation of the Authority.

The Authority will subsequently examine and evaluate the Applications in accordance
with the provisions set out in this Section

Subject to the terms of this RFQ, the Applications received shall be evaluated
sequentially in the following steps:
Stage 1: Test of responsiveness
Stage 2: Evaluation of Minimum Eligibility Criteria
Stage 3: Scoring of Technical Application
Stage 4: Evaluation of Financial Proposal

3.1.5 Tests of responsiveness

3.1.5.1 As a first step towards evaluation of Applications, the Authority shall determine
whether each Application is substantially responsive to the requirements of this RFQ.
 An Application shall be considered substantially responsive only if it fulfils all the below
mentioned requirements without any material deviation or reservation:

a. Application is uploaded on the Tender Website as per the format specified in the
Appendices;

b. Application is accompanied by the Power of Attorney as specified in Clause 2.1.5 and

as per the format provided in Appendix III or/and IIIA;

c. Application contains all the information (complete in all respects);

d. The Enclosures of Application are received by the Authority in hard copy, on or before
the specified time on the Application Due Date including any extension(s) thereof;

e. Demand Draft towards payment of Document Fee of INR 5000 is attached with the
Application;

f. The Application does not contain any condition or qualification;

g. The Application is signed and initialled in accordance with the instructions provided in
this RFQ.
h. The Application have PAN CARD and GST Number copy if applicable;

3.1.5.2 The Authority reserves the right to reject any Application which is not substantially
responsive and no request for alteration, modification, substitution or withdrawal shall be
entertained by the Authority in respect of such Application.

3.1.6 The Authority will not entertain any query or clarification from Applicants who fail
to qualify as per this RFQ.

3.1.7 Stage 2: Evaluation of Minimum Eligibility Criteria

Technical Applications of only those Applicant(s) whose Applications are responsive shall
be considered for evaluation for the Minimum eligibility criteria set out in Clause 2.2.2.

3.1.8 Stage 3: Scoring of Technical Applications

Provided, the Applicant fulfils the Minimum Eligibility Criteria as per given parameters in
clause 2.2.2 such Applicant(s) shall be treated as “Qualified Applicant” and the scoring
of their Technical Application will be undertaken basis the following criteria set out below
(“Technical Scoring Criteria”):

After detailed evaluation as per the Technical Scoring Criteria above, the Authority shall
shortlist the Applicants securing 65 or more marks on their Technical Application
(“Technical Score”). Such Applicants shall be called Shortlisted Applicants and such
 Shortlisted Applicants alone shall be eligible for Financial proposal opening.

3.1.9 Stage 4: Evaluation of Financial Proposal.

a. In this Stage, Financial Proposals of the Shortlisted Applicants alone would be opened
in the e-procurement portal only. The Financial Proposals submitted offline will be
summarily rejected.

b. The Financial Proposals shall be opened online on the e-Procurement Portal.

c. Financial Proposals of the only those Applicants shall be treated as the valid whose
Proposal are as per the RFQ requirement.

d. All the Shortlisted Applicants whose financial proposal is as per the RFQ will be considered
for empanelment under this RFQ. Further, the lowest financial proposal would be consider
as the Empaneled Rate.

e. All the Shortlisted Applicants whose financial proposal is higher than the lowest proposal
quoted by any Shortlisted shall have option to match the lowest financial proposal received;
subject to the applicant’s willingness to match the same, only then it would be considered
for empanelment. All such Applicants willing to match the lowest financial proposal will
generally be designated as Selected Applicant(s).

f. If the lowest proposal quoted by any Shortlisted applicant is not feasible, then the
Empaneled Rate would be as deemed fit in the sole discretion of the Authority. All such
Applicants willing to match the Empaneled Rate will generally be designated as the
Selected Applicant(s).
3.2 Contacts during Application Evaluation
Applications shall be deemed to be under consideration immediately after they are opened
and until such time the Authority makes official intimation of the Selected Applicant(s).
While the Applications are under consideration, Applicants and/ or their representatives or
other interested parties are advised to refrain, save and except as required under the
RFQ documents, from contacting by any means, the Authority and/ or their
employees/ representatives on matters related to the Application under consideration.
3.3 Selection of Applicants
3.3.1 The Authority, after determining that the Application has passed the test of responsiveness,
shall evaluate the Applications submitted by all the Applicants and ascertain whether the
Applicants have fulfilled the Minimum Eligibility Criteria stated in Clause 2.2.2.1 of this
RFQ. The Applicants whose Applications fulfill the Minimum Eligibility Criteria, fulfilled
the minimum technical score of this RFQ and submitted financial proposal as per the RFQ
format shall be declared eligible for empanelment with the Authority for the provision of
Services under this Project (“Selected Applicant(s)”).
3.3.2 The Selected Applicant(s) shall be issued a Letter of Award (“LOA”) in duplicate within
the timeline stipulated in Clause 1.3, by the Authority and the Selected Applicant(s) shall
within 15 (fifteen) 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 Applicant(s) is not received by the stipulated date, the Authority may
disqualify such Applicant(s) from the Project and the consequences set out in this RFQ
shall follow.

3.3.3 After acknowledgement of the LOA as aforesaid by the Selected Applicant(s), the
Authority shall execute the DTA Contract with the Selected Applicant(s), which shall
govern the provision of Services and terms thereof within the specified time frame. The
Selected Applicant(s) shall not be entitled to seek any deviations in such DTA Contract .
3.4 Correspondence with Applicant

Save and except as provided in this Application, the Authority shall not entertain any
correspondence with any Applicant in relation to the acceptance or rejection of any
Application.

3.5 Any information contained in the Application shall not in any way be construed as binding
on the Authority, its agents, successors or assigns, but shall be binding against the Applicants,
if any Project is subsequently awarded to it on the basis of such information.

3.6 The Authority reserves the right not to proceed with the Application Process at any time
without notice or liability and to reject any or all Application(s) without assigning any
reasons.
 SECTION 4
FRAUD AND CORRUPT PRACTICES
4.1 The Applicants and their respective officers, employees, agents and advisers shall observe
the highest standard of ethics during the Application Process. Notwithstanding anything to
the contrary contained herein, the Authority may reject an Application, without being liable
in any manner whatsoever to the Applicant, if it determines that the Applicant, directly or
indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice in the Application Process.

4.2 Without prejudice to the rights of the Authority under Clause 4.1 above, if an Applicant is
found by the Authority to have directly or indirectly or through an agent, engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice
or restrictive practice during the Application Process, such Applicant shall not be eligible
to participate in any tender or RFQ/RFP issued by the Authority for a period of 2 (two)
years from the date such Applicant is found by the Authority to have directly or indirectly
or through an agent, engaged or indulged in any corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practices, as the case may be.

4.3 For the purposes of this Section 4, the following terms shall have the meaning hereinafter
respectively assigned to them:
(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly
or indirectly, of anything of value to influence the actions of any person connected
with the Application Process (for the avoidance of doubt, offering of
employment to or employing or engaging in any manner whatsoever, directly
or indirectly, any official of the Authority who is or has been associated in
any manner, directly or indirectly, with the Application Process or has dealt with
matters concerning this RFQ or arising therefrom, before or after the/execution
thereof, at any time prior to the expiry of 1 (one) year from the date such official
resigns or retires from or otherwise ceases to be in the service of the Authority,
shall be deemed to constitute influencing the actions of a person connected with
the Application Process); or (ii) save and except as permitted under Clause 2.2.1
(c) of this RFQ, engaging in any manner whatsoever, whether during the Application
Process or after the selection of the Selected Applicant(s), as the case may be, any
person in respect of any matter relating to the Project or the RFQ, who at any time has
been or is a legal, financial or technical adviser of the Authority in relation to any
matter concerning the Project;

(b) “fraudulent practice” means a misrepresentation or omission of facts or suppression

of facts or disclosure of incomplete facts, in order to influence the Application Process;

(c) “coercive practice” means impairing or harming, or threatening to impair or

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

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

(e) “restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among Applicants with the objective of restricting or manipulating a full
and fair competition in the Application Process.
 SECTION 5
PRE-BID CONFERENCE

5.1 A Pre-Bid Conference/Pre-Application conference of the interested parties shall be

convened at the designated date and time specified in Clause 1.3.

5.2 A maximum of two representatives of each Applicant shall be allowed to participate on

production of letter of authority from the Applicant.

5.3 During the course of Pre-Application conference(s), the Applicants will be free to
seek clarifications and make suggestions for consideration of the Authority. The
Authority shall endeavour to provide clarifications and such further information as it may,
in its sole discretion, consider appropriate for facilitating a fair, transparent
and competitive Application Process.

5.4 The Authority may also organize additional pre-bid meeting and the details regarding
the same will be made available.
 SECTION 6
MISCELLANEOUS

6.1 The Application Process shall be governed by, and construed in accordance with, the laws
of India and the Courts at New Delhi shall have exclusive jurisdiction over all disputes
arising under, pursuant to and/ or in connection with the Application Process.

6.2 The Authority, in its sole discretion and without incurring any obligation or liability,
reserves the right, at any time, to:

(a) suspend and/ or cancel the RFQ/Application Process and/ or amend and/ or supplement
the RFQ/Application Documents/Application Process or modify the dates or other
terms and conditions relating thereto;
(b) consult with any Applicant(s) in order to receive clarification or further information;
(c) retain any information and/ or evidence submitted to the Authority by, on behalf of,
and/ or in relation to any Applicant; and/ or
(d) independently verify, disqualify, reject and/ or accept any and all submissions or other
information and/ or evidence submitted by or on behalf of any Applicant(s).

6.3 It shall be deemed that by submitting the Application, the Applicant agrees and
releases the Authority, its employees, agents and advisers, irrevocably,
unconditionally, fully and finally from any and all liability for claims, losses, damages,
costs, expenses or liabilities in any way related to or arising from the exercise of any
rights and/ or performance of any obligations hereunder, pursuant hereto and/ or in
connection with the RFQ/Application Process and waives, to the fullest extent permitted
by applicable laws, any and all rights and/ or claims it may have in this respect, whether
actual or contingent, whether present or in future.

–
 APPENDIX I
LETTER COMPRISING THE APPLICATION

To:
Director, Directorate of Archaeology and Museums
Abhilekhagar Bhawan, Sector- 17,
Gandhinagar, Gujarat – 382017

Sub: Application for Empanelment of Design and Technical Agency for Various works at
Directorate of Archaeology and Museums

Dear Sir,

1. With reference to your RFQ document dated **/**/2024, We, having examined the
Application Documents and understood their contents, hereby submit our Application for
the Project. The Application is unconditional and unqualified.

2. We acknowledge that the Authority will be relying on the information provided in the
Application and the documents accompanying such Application for Selection of the Selected
Applicant(s) for the aforesaid Project, and we certify that all information provided in the
Application and in Appendix I are true and correct; nothing has been omitted which renders
such information misleading; and all documents accompanying such Application are true
copies of their respective originals.

3. This statement is made for the express purpose of our selection as the
Architecture/Design/Consultancy for undertaking the Project.

4. We shall make available to the Authority any additional information it may find necessary
or required to supplement or authenticate the Application.

5. We acknowledge the right of the Authority to reject our Application without assigning any
reason or otherwise and hereby waive, to the fullest extent permitted by applicable law, our
right to challenge the same on any account whatsoever.

6. We certify that in the last 3 (three) years, we 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, nor been expelled from any project or contract nor have
had any contract terminated for breach on our part

7. We declare that
 a) We have examined and have no reservations to the Application Documents, including
any Addendum issued by the Authority;
b) We do not have any Conflict of Interest in accordance with Clause 2.2.1 (c) of the
RFQ;
c) 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, as defined in Clause 4.3 of the RFQ, in respect of any tender or
request for proposal issued by or any agreement entered into with the Authority or any
other public-sector enterprise or any Authority, Central or State; and
d) We hereby certify that we have taken steps to ensure that in conformity with the
provisions of Section 4 of the RFQ, no person acting for us or on our behalf has
engaged or will engage in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice

8. We understand that you may cancel the Application Process at any time and that you are
neither bound to accept any Application that you may receive nor to select any Applicants
for selection for the Project, without incurring any liability to the Applicants, in accordance
with the provisions of this RFQ.

9. We believe that we meet all the requirements related to Technical Capacity and Financial
Capacity as specified in this RFQ.

10. 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 nor have had adverse orders passed by a
regulatory authority which could cast a doubt on our ability to undertake the Project or which
relates to a grave offence that outrages the moral sense of the community.

11. 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/Authority or convicted
by a Court of Law for any offence committed by us.

12. We further certify that no investigation by a regulatory authority is pending either against us
or against our CEO or any of our Directors.

13. We undertake that in case of any change in facts or circumstances during the Application
Process, we are attracted by the provisions of disqualification in terms of the RFQ and we
shall intimate the Authority of the same immediately.

14. We undertake that the Power of Attorney in favour of the authorized signatory for signing
 of Application, as per the format provided at Appendix III and/or III Aof the RFQ, is also
enclosed.

15. We are a [insert nature of entity being a company/ partnership firm, agricultural cooperative
society/ farmers producer organization etc.] incorporated/ registered under [insert name of
law], as of the Application Due Date.

16. We hereby irrevocably waive any right 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 the Applicant, or in connection with the Application Process itself, in
respect of the Project and the terms and implementation thereof.

17. In the event of our being declared as the Selected Applicant(s), we agree to provide the
Services in accordance with the terms and conditions provided in the DTA Contract issued
by the Authority. We agree not to seek any changes in the aforementioned DTA Contract
and agree to abide by the same.

18. We have studied all the Application Documents carefully. We understand that except to the
extent as expressly set forth in the DTA Contract for provision of Services to be issued by
the Authority, we shall have no claim, right or title arising out of any documents or
information provided to us by the Authority or in respect of any matter arising out of it.

19. We have enclosed proof of payment of the Document Fee in accordance with the RFQ and
in the form of original DD

20. We agree and understand that the Application is subject to the provisions of the Application
Documents. In no case, we shall have any claim or right of whatsoever nature if the Project
is not awarded to me/us or our Application is not opened

21. We agree and undertake to abide by all the terms and conditions of the RFQ

In witness thereof, we submit this Application under and in accordance with the terms of the
RFQ.

Yours faithfully,

Date: (Signature of the Authorised signatory)

Place: (Name and designation of the of the Authorised signatory)

Name and seal of Applicant

 APPENDIX II
Details of the Applicant

1. (a) Name:
(b) Address of the corporate headquarters and its branch office(s), if any, in India:
(c) Date of incorporation and/ or commencement of business:
(d) Copy of Pan Card
(e) Copy of GST number

2. Brief description of the Applicant including details of its main lines of

business and proposed role and responsibilities in this Project:

3. Details of individual(s) who will serve as the point of contact/communication for the
Authority:
(a) Name:
(b) Designation:
(c) Address:
(d) Telephone Number:
(e) E-Mail Address:
(f) Fax Number:

4. Particulars of the Authorised Signatory of the Applicant:

(a) Name:
(b) Designation:
(c) Address:
(d) Telephone Number:
(e) E-Mail Address:
(f) Fax Number:

5. The following information shall also be provided for the Applicant and/ or Associate1:

Name of Applicant:

No. Criteria Yes No

Has the Applicant/ its Associate been blacklisted/ barred
1. by the {Central/State} authority, or any other government

1
Provide details of only those Associates whose Technical Capacity and Financial Capacity
are to be evaluated
 institution in India, from participating in any project.
If the answer to 1 is yes, does the blacklisting/ bar subsist
2. as on the date of Application?
Has the Applicant/ its Associate paid liquidated damages
of more than 5% (five percent) of the contract value in a
contract due to delay or has been penalized due to any
other reason in relation to execution of a contract, in the
3. last three (3) years?

6. A statement by the Applicant disclosing material non-performance or contractual non-

compliance in past projects, contractual disputes and litigation/ arbitration in the recent
past is given below. (Attach extra sheets, if necessary.)
 APPENDIX III
Power of Attorney for Signing of Application

Know all men by these presents, We, _______________________(name of the entity and address
of the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr.
_______________/ Ms _______________(Name), son/daughter/wife of
___________________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 “Attorney”) 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 submission of our
Application for the project related to Empanelment of Design and Technical Agency for Various
works at Directorate of Archaeology and Museums (“Project”) being developed by Directorate
of Archaeology & Museums (hereinafter referred to “Authority”) including but not limited to
signing and submission of all Applications and other documents and writings, participation in
Applicants’ meetings and other conferences and providing information/ responses to the
Authority, representing us in all matters before the Authority, signing and execution of all
documents and undertakings consequent to acceptance of our Application, and generally dealing
with the Authority in all matters in connection with or relating to or arising out of our Application
for the Project and/ or upon award thereof to us and/ or till the completion of the Project as per the
contract(s) for provision of Services executed with the Authority or any entity representing the
Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the
powers conferred by this Power of Attorney and that all acts, deeds and things done by our said
Attorney in exercise of the powers hereby conferred shall and 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
………………………

(Name, Designation & Signature of person

executing the PoA on behalf of Applicant)
Witnesses:
(Name, Signature, Title and Address)
1.
2.

[Notarised]

Accepted
……………………

(Signature)
(Name, Title 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.
• Also, wherever required, the Applicant should submit for verification the extract of the
charter documents and documents such as a resolution/ power of attorney in favour of the
person executing this Power of Attorney for the delegation of power hereunder on behalf
of the Applicant.
• Power of Attorney should be executed on a non-judicial stamp paper of appropriate value
as relevant to the place of execution (if required under applicable laws).
 Appendix IIIA
Format for Power of Attorney for Lead Member of Consortium
(To be executed on Stamp paper of appropriate value)

Whereas the [***] (“Authority”) has invited Applications from interested parties for the Empanelment of
Design and Technical Agency for Various works at Directorate of Archaeology and Museums “(the
“Project”). Whereas, ………… and ………………….. (collectively the “Consortium”) being Members of
the Consortium are interested in Application for the Project in accordance with the terms and conditions of
the Request for Qualification and other connected documents in respect of the Project, and

Whereas, it is necessary for the Members of the Consortium to designate one of them as the Lead Member
with all necessary power and authority to do for and on behalf of the Consortium, all acts, deeds and things
as may be necessary in connection with the Consortium’s Application for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, …………….. having our registered office at …………………., M/s. ………………….., having our
registered office at ………………., (hereinafter collectively referred to as the “Principals”) do hereby
irrevocably designate, nominate, constitute, appoint and authorise M/s……………….., having its
registered office at ………………, being one of the Members of the Consortium, as the Lead Member and
true and lawful attorney of the Consortium (hereinafter referred to as the “Attorney”) and hereby
irrevocably authorise the Attorney (with power to sub-delegate) to conduct all business for and on behalf
of the Consortium and any one of us during the selection process and, in the event the Consortium is
awarded the Concession/ Agreement during the execution of the Project, and in this regard, to do on our
behalf and on behalf of the Consortium, all or any of such acts, deeds or things as are necessary or required
or incidental to the submission of its Application for the Project, including but not limited to signing and
submission of all applications, Applications and other documents and writings, accept the Letter of Award,
participate in Applicants’ and other conferences, respond to queries, submit information/ documents, sign
and execute contracts and undertakings consequent to acceptance of the Application of the Consortium and
generally to represent the Consortium in all its dealings with the Authority, and/ or any other Government
Agency or any person, in all matters in connection with or relating to or arising out of the Consortium’s
Application for the Project and/ or upon award thereof till the Agreement is entered into with the Authority.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done
or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power
of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby
conferred shall and shall always be deemed to have been done by us/ Consortium.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER
OF ATTORNEY ON THIS ………….. DAY OF …………… 20……..

For ……………….
 (Signature, Name & Title)

For ……………….

(Signature, Name & Title)

Witnesses:

1.

2.

(Executants)
(To be executed by all the Members of the Consortium)
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.

▪ Wherever required, the Applicant should submit for verification the extract of the charter
documents and documents such as a resolution/ power of attorney in favour of the person executing
this Power of Attorney for the delegation of power hereunder on behalf of the Applicant.

▪ 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, the Power of Attorney provided by Applicants from countries that have signed
the Hague Legislation Convention, 1961 are not required to be legalised by the Indian
Embassy if it carries a conforming Apostille certificate issued by the designated competent
authority and has been notarized by the public notary.
 APPENDIX IV
Technical Capacity of the Applicant
(refer Clause 2.2.2.1(A) of the RFQ)

Abstract of Eligible Assignments of the Applicant$

(refer clause 2.2.2.1)

Project Name: Location of Project:

Current status of the Project

Project Brief (Narrative description of
Project)

Description of actual Contract / services provided:

Criteria under which experience is claimed as per Clause 2.2.2.1 (ii), Clause 2.2.2.1 (iii) & Clause
2.2.2.1 (iv) of the RFQ:
Address of Client:
Name of Client:
Contact phone number and e-mail of Client:
Start date (month/year): Approximate value of Project / Services:

Completion date (month/year):

$
The Applicant should provide details of only those assignments that have been undertaken by
it under its own name.
$$
Exchange rate for conversion of US $ shall be as per Clause 2.2.2.4.

Note: The Applicant may attach separate sheets to provide brief particulars of other relevant
experience of the Applicant.

Note: For each of the Eligible Assignments being stated by the Applicant, the Applicant shall in
support submit client certificate/work order/letter of award/copy of agreement/ statutory auditor’s
certificate/chartered accountant certificate for such assignment stating clearly the project cost of such
assignment and completion details. Projects without proof of experience shall not be considered for
evaluation. In case the bidder is an entity from outside India then the completion certificate shall
be in English duly notarized. Translated copy shall also be notarized.
 APPENDIX V
Financial Capacity of the Applicant

(to be certified by the statutory auditor/ chartered accountant)

(refer Clause 2.2.2.1 of the RFQ)

(In INR Crore)
Bidder Type Annual Turnover Net Worth
As on 31st March 31st March 31st March as on 31st March
2021 2022 2023 2023

Single entity
Bidder
Consortium
Member 1
(Lead Member)

Consortium
Member 2

It is certified that the calculation of Net Worth and Turnover have been carried out as the
formula presented in the Clause 2.2.2.1 of the RFQ.

Name of the audit firm:

Seal of the audit firm

Date:

UDIN Number:

Instructions:

Note: Annual Turnover should be certified by the Chartered Accountant/ Statutory Auditor. In
case the annual accounts for the latest financial year are not audited, the same shall be calculated
for the financial year preceding the latest financial year for which the Turnover is not being
provided. An undertaking by the CA to that extent to be provided. Please do not attach any printed
Annual Financial Statement.

$ In case the Applicant does not have a statutory auditor, it shall provide the certificate from its
chartered accountant that ordinarily audits the annual accounts of the Applicant.
* For conversion of US Dollars to INR, the rate of conversion shall be INR [80] to a US Dollar.
In case of any other currency, the same shall first be converted to US Dollars as on the date 60
(sixty) days prior to the Application Due Date, and the amount so derived in US Dollars shall be
converted into INR at the aforesaid rate. The conversion rate of such currencies shall be the daily
representative exchange rates published by the International Monetary Fund for the relevant date.
 APPENDIX-VI
Joint Application Agreement
(Refer Clause 2.2.1)
(To be executed on Stamp paper of appropriate value)

THIS JOINT APPLICATION AGREEMENT is entered into on this the ………… day of ………… 20…

AMONGST

1. {…………, a company/society/trust incorporated/registered under the ………} and having its

registered office at ………… (hereinafter referred to as the “First Part” which expression shall, unless
repugnant to the context include its successors and permitted assigns)

AND

2. {…………, a company registered under the ………} and having its registered office at …………
(hereinafter referred to as the “Second Part” which expression shall, unless repugnant to the context
include its successors and permitted assigns)

The above mentioned parties of the FIRST and SECOND PART are collectively referred to as the
“Parties” and each is individually referred to as a “Party”.

WHEREAS,

(A) Directorate of Archaeology and Museums (hereinafter referred to as “Authority” which expression
shall, unless repugnant to the context or meaning thereof, include its administrators, successors and
assigns) has invited applications (the “Applications”) by its Request for Qualification No. …………
dated …………(the “RFQ”) for selection of Applicants for …………………………….” (the
“Project”).

(B) The Parties are interested in jointly Application for the Project as members of a Consortium and in
accordance with the terms and conditions of the RFQ and other Application Documents in respect of
the Project, and

(C) It is a necessary condition under the RFQ that the members of the Consortium shall enter into a Joint
Application Agreement and furnish a copy thereof with the Application.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations
In this Agreement, the capitalised terms shall, unless the context otherwise requires, have the meaning
ascribed thereto under the RFQ.
2. Consortium
2.1 The Parties do hereby irrevocably constitute a consortium (the “Consortium”) for the purposes of
jointly participating in the Application Process for the Project.

2.2 The Parties hereby undertake to participate in the Application Process only through this Consortium
and not individually and/ or through any other consortium constituted for this Project, either directly or
indirectly or through any of their Associates.

3. Covenants

The Parties hereby undertake that in the event the Consortium is declared the Selected Applicant and
awarded the Project, it shall enter into a Development Agreement with the Authority and perform all its
obligations in terms of the Development Agreement for the Project.

4. Role of the Parties

The Parties hereby undertake that Party of the First Part shall be the Lead Member of the Consortium and
shall have the power of attorney from all Parties for conducting all business for and on behalf of the
Consortium throughout the contract period.

The Lead Member M/s ………………… would be responsible for the following obligations in the
Development Agreement for the Project
• …………….
• …………….
• …………….

The other member M/s ………………… would be responsible for the following obligations in
the Development Agreement for the Project.

• …………….
• …………….
• …………….

The Parties are together responsible for performing all its obligations in terms of the Development
Agreement for the Project.

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all obligations and liabilities
relating to the Project and in accordance with the terms of the RFQ and the Development Agreement, till
the execution of the Development Agreement.

6. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:

a Such Party is duly organized, validly existing and in good standing under the laws of its
incorporation and has all requisite power and authority to enter into this Agreement;

b The execution, delivery and performance by such Party of this Agreement has been authorized by
all necessary and appropriate corporate or authority action and a copy of the extract of the charter
documents and board resolution/ power of attorney in favour of the person executing this
Agreement for the delegation of power and authority to execute this Agreement on behalf of the
Consortium Member is annexed to this Agreement, and will not, to the best of its knowledge:

i. require any consent or approval not already obtained;

 ii. violate any Applicable Law presently in effect and having applicability to it;
iii. violate the memorandum and articles of association, by-laws or other applicable
organisational documents thereof;
iv. violate any clearance, permit, concession, grant, license or other Governmental
authorization, approval, judgment, order or decree or any mortgage agreement, indenture or
any other instrument to which such Party is a party or by which such Party or any of its
properties or assets are bound or that is otherwise applicable to such Party; or
v. create or impose any liens, mortgages, pledges, claims, security interests, charges or
encumbrances or obligations to create a lien, charge, pledge, security interest,
encumbrances or mortgage in or on the property of such Party, except for encumbrances
that would not, individually or in the aggregate, have a material adverse effect on the
financial condition or prospects or business of such Party so as to prevent such Party from
fulfilling its obligations under this Agreement;

c this Agreement is the legal and binding obligation of such Party, enforceable in accordance with
its terms against it; and
d there is no litigation pending or threatened, to the best of such Party’s knowledge, which it or any
of its Associate/affiliates is a party that presently affects or which would have a material adverse
effect on the financial condition or prospects or business of such Party in the fulfilment of its
obligations under this Agreement.

7. Termination

This Agreement shall be effective from the date hereof and shall continue in full force and effect until the
execution of the Development Agreement. However, in case the Consortium is either not declared as a
Qualified Applicant by the Authority or does not get selected as the Selected Applicant for the Project,
post physical verification, the Agreement will stand terminated upon return of the Application Security by
the Authority to the Applicant in terms of the Application Documents.

8. Miscellaneous

8.1 This Joint Application Agreement shall be governed by the laws of India.

8.2 The Parties acknowledge and accept that this Agreement shall not be amended by the Parties without
the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of For and on behalf of
LEAD MEMBER by: PARTY OF THE SECOND PART by:
(Signature) (Signature)

(Name) (Name)
(Designation) (Designation)
(Address) (Address)

In the presence of:

1. 2.

Notes:
1. The mode of the execution of the Joint Application Agreement 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.

2. Each Joint Application Agreement should attach a copy of the extract of the charter documents and
documents such as resolution / power of attorney in favour of the person executing this Agreement for the
delegation of power and authority to execute this Agreement on behalf of the Consortium Member.
 APPENDIX VII
Application Checklist

S. No Item Checked by Checked by

Applicant Authority

1 Letter comprising the Application (Appendix I)

2 General Information of Applicant (Appendix II)
3 Power of Attorney for signing of Application (Appendix
III and /or III A) accompanied by a board resolution or
charter document in favour of the executant.
4 Technical Capacity of the Applicant (Appendix IV)
including all supporting documents
5. Financial Capacity of the Applicant (Appendix V)
including all supporting documents
6 Joint Application Document
7 Undertaking for Application
8. Incorporation or Registration certificate
9. Document Fee (in the form of a Demand Draft)
10 GST Registration Certificate
11 PAN Card
 APPENDIX VIII
Financial Proposal

(For indicative and illustrative purposes only- The Financial Proposal shall only be
submitted on the e-Procurement Portal)

Title Contract Fee (in %) Contract Fee (in %) (in

S. No
(in figures) words)
Contract Fee as per terms and
conditions of the RFQ expressed
1 as a percentage (%) of the Actual
Value of works

Note:
• Bidder to quote the above fee exclusive of GST.
• In the event of any difference between figures and words quoted in this paragraph, the
amount indicated in words shall be taken into account.
• Other than GST, any other taxes and duties in view of execution of the services under this
contract shall be the responsibility of the Applicant. The Authority will not be paying any
additional amount in this regard.

Signature of Authorized Signatory of Applicant Seal

Name: _____________________________

Designation: ____________________________

Place: _____________________________

Date: ______________________________
 ANNEXURE I
Brief Details of renovation and modernization of Baroda Museum and Picture Gallery

About The Baroda Museum and Picture Gallery

The Baroda Museum and Picture Gallery located at Sayaji Baug was founded by Maharaja
Sayajirao Gaekwad III. The H.H.Sayajirao III (1863-1939 AD) keen lover of peace and prosperity
based on education and industry in his words "Education was the only leaver by which our country
and our people could be moved from the inertia of ages that had weighed them down." The
foundation stone of the museum building was laid in 1887 and the building was completed in 1894.
The construction of the picture gallery building started in 1908 and was completed in 1914.

The Baroda Museum and the Picture Gallery are two separate two-storied buildings built in the
Indo-Saracenic style of architecture. They were designed by two English architects, R.F. Chisholm
the then Consulting State Architect and Major R.N. Mant. The general outline of the museum
building is in conformity with the traditional local Maratha architecture of wooden framework
filled with brick walls. But the ground floor has the pure European style, including a cornice
decorated with a plaster copy of a Parthenon frieze. The south porch rising on a vast flight of steps
is decorated with early and later Mughal forms. The pure gallery building is somewhat smaller and
designed in a simple European brick style, but it has Indian columns and open pavilions on the
roof. The two building are connected by a covered bridge passage. The total floor area of both the
buildings is about 40,000 sq.

Archaeological Gallery
The Archaeological section contains a large number of important stone structures, bronzes, and
woodwork. The section has been reorganized on modern lines. A large set of beautiful Gupta and
post-Gupta images of schist stone from Roda, Shamlaji and other places of the old Idar State areas
of Sabarkantha district in Gujarat, forms the highlight of this section and represents a rare find of
Gupta sculptures in Gujarat. Of these, mention may be made of a beautiful image of Siva,
Chamunda, Ganesa, Matrika images and interesting dwarfish figures revealing Hellenistic
influence. The beautiful Siva (Fig) with his big trident stands in a graceful, sublime tribhanga pose
against the back of his Nandi-vahana. This is one of the very fine specimens of Gupta art of early
fifth century AD.

Museums of Gujarat App

The Authority has developed Museums of Gujarat Application, Mobile application-
based Audio guide for the Baroda Museum and Picture Gallery at Vadodara
available on Android and Apple IOS Store. The applicants can also assess the app
through the QR Code given.

The applicants can virtually tour the Baroda Museum and Picture Gallery through
the audio guide mobile application to understand the Baroda Museum and Picture Gallery and get
all the details of the Archaeological Gallery & other Galleries, and details of collections/artefacts
displayed.

Vision for the upgradation and renovation of the Archaeological Gallery

• The Archaeological Gallery of the Baroda Museum and Picture Gallery will be taken for
renovation & upgradation with a view to display the existing collections in a more engaging
and immersive experience. The renovation and upgradation of the Archaeology Gallery to
be taken up in a fixed time schedule by exploring the techniques and practices available
world over.
• The Authority wants applicant to recommend optimal utilization of buildings and
collections in the Archaeological Gallery, including adequacy of manpower, essential
logistics and proper maintenance.
• Providing recommendation that which part/area/exhibit of the gallery to be salvage, which
part/area/exhibit to be retained and which part/area/exhibit to be upgraded.
• Approach and methodology for the upgradation, techniques and technology to be
incorporated.
• Explore additional key exhibits/star attractions that may be added to the Gallery.
• Understanding of the Existing Condition of the Gallery and interventions required to
achieve the vision for Gallery Upgradation and Modernization.
• Proposed Conceptual design and Curation for the Gallery, showcasing details of Curation,
Storyline, Theming, 3D views/renders, exhibits etc of an Introduction gallery proposed.
With required 3D/2D
• Any key exhibits/star attractions proposed.
• Estimated Cost and Timelines