DEPARTMENT FOR PROMOTION OF INDUSTRY AND INTERNAL TRADE

Ministry of Commerce and Industry

Government of India

HIRING OF AGENCY

FOR

PROVIDING CONSULTANCY SERVICES FOR INTELLECTUAL PROPERTY FINANCING

FOR

DEPARTMENT FOR PROMOTION OF INDUSTRY AND INTERNAL TRADE

REQUEST FOR PROPOSAL

July 2023

Page 1 of 51
Contents

Disclaimer ........................................................................................................................................................ 5
Section 1. Letter of Invitation .......................................................................................................................... 6
Section 2. Instructions to Applicants ............................................................................................................... 8
2.1 Introduction ............................................................................................................................. 8
2.2 Clarification and amendment of RfP Documents .................................................................... 9
2.3 Earnest Money Deposit ......................................................................................................... 10
2.4 Preparation of proposal .......................................................................................................... 11
2.5 Submission, receipt and opening of proposals ...................................................................... 12
2.6 Proposal Evaluations ............................................................................................................. 12
2.7 Grant of Work Order ............................................................................................................. 15
2.8 Confidentiality ....................................................................................................................... 16
2.9 Contract cancellation along with forfeiture of Performance Guarantee ................................ 16
2.10 Pre-Bid Meeting .................................................................................................................... 17
2.11 Miscellaneous ........................................................................................................................ 17
2.12 Tentative schedule for selection process ............................................................................... 18
2.13 Data Sheet .............................................................................................................................. 18
Section 3. Pre-Qualification and Technical Proposal Standard Forms .......................................................... 19
Form 3A. Pre-Qualification Proposal Submission Form .................................................................. 20
Form 3B: Self-certification of Minimum Eligibility and of not being blacklisted ........................... 23
Form 3C: Format for highlighting relevant experience .................................................................... 24
Form 3D: Format for Power of Attorney for Authorized Representative......................................... 25
Form 3E: Format of Bank Guarantee for Earnest Money Deposit ................................................... 27
Form 3F: Technical Proposal Submission Form .............................................................................. 29
Form 3G: Profile of Applicant .......................................................................................................... 31
Form 3H: Format for CV of the professional staff proposed............................................................ 32
Section 4: Financial Proposal- Standard Forms ............................................................................................. 34
Form 4A: Financial Proposal Submission Form............................................................................... 35
Form 4B: Summary of Costs ............................................................................................................ 36
Section 5. Terms of Reference ....................................................................................................................... 37
5.1. Scope of Work (Overview) ........................................................................................................ 37
5.1.1. Research Work........................................................................................................................ 37
5.1.2. Workshop................................................................................................................................ 37
5.1.2.1. Tentative Workshop Agenda: ........................................................................................................................ 38
5.1.3. Final Report ............................................................................................................................ 39
5.1.3.1. Tentative Structure of Final Report: .............................................................................................................. 39
5.1.3.2 Indicative timelines for the project: ................................................................................................................ 39

Page 2 of 51
Section 6. Standard Form of Work Order ...................................................................................................... 41
6.1 Commencement, completion, modification, and termination of work order ......................... 42
6.2 Termination............................................................................................................................ 43
6.3 Intellectual Property............................................................................................................... 44
6.4 Obligations of the Selected Agency....................................................................................... 44
6.5 Obligations of the client ........................................................................................................ 45
6.6 Payments to the Selected Agency .......................................................................................... 45
6.7 Settlement of disputes............................................................................................................ 46
6.8 Responsibility for accuracy of project documents................................................................. 47
6.9 Liquidated damages ............................................................................................................... 47
6.10 Miscellaneous ........................................................................................................................ 47
6.10.1 Assignment and Charges.............................................................................................................................. 47
Annexure A: Form of Bank Guarantee for Performance Security ................................................... 50

Page 3 of 51
NOTICE INVITING- REQUEST FOR PROPOSAL

DEPARTMENT FOR PROMOTION OF INDUSTRY AND INTERNAL TRADE

REQUEST FOR PROPOSAL (RfP) FOR HIRING OF AN AGENCY FOR PROVIDING
CONSULTANCY SERVICES FOR INTELLECTUAL PROPERTY FINANCING

The act of using Intellectual Property to gain access to financial benefits, credit and generating revenue is referred
to as IP financing and the use of IP as collateral in business transactions is known as IP financing transactions. IP
financing is an emerging business option that may offer an opportunity for companies with valuable IP assets seeking
alternative sources of raising capital. In the recent past, a paradigm shift has been observed in the working and
functioning of business corporations and companies wherein the finances and revenue is generated from IP which acts
as intangible assets.
Financial innovations, such as creation of new financial instruments and financial technologies, new derivative
contracts, corporate securities, or new forms of pooled investment products for financing or raising loan, if claimed as
IP rights, would become an alternative form of crucial economic and financial tool, thereby ensuring maximum
economic benefits to a nation. Hence, IP as intangible assets need to be protected and regulated so that the ecosystem
of IP financing and insurance is nurtured in India. However, despite having great potential, IP backed financing or
utilization of the IP base for financing or raising loans in India is quite dismal.
Major reason being lack of awareness wherein either the owner is not aware of the value of the intangible assets it
owns or the banks/financial institutions themselves do not wish to undertake the risk of lending against IP assets. This is
on account of the lack of clarity and uniformity in the methods adopted for IP valuation and the complexity of applicable
rules and procedures. Also, valuation of IP asset and assessing the value of IP holdings including its market resale value by
any financial institutions or companies is difficult and requires hiring of IP experts.
IPRs as intangible assets in the financial sphere is a way forward in improving the finances of a country and in
enhancing financial innovation, easy availability of credit, and increasing capital base.
The Department for Promotion of Industry and Internal Trade (DPIIT) intends to avail services of a management
consultancy organisation to draft the strategic blueprint and action plan for promoting and institutionalising IP financing
in the country.
The salient features of the project, eligibility criteria and prescribed formats for submission can be accessed in the RfP
document uploaded on the website: http://eprocure.gov.in and https://dpiit.gov.in/

Interested Applicants are requested to submit their responses to the “RFP” on Central Public Procurement
Portal (http://eprocure.gov.in) on or before 09th August 2023 by 05:30 PM.

The submissions must be addressed to:

Director (IPR – Patents),

Email- [email protected] and [email protected]

Department for Promotion of Industry and Internal Trade

Ministry of Commerce & Industry, Government of India
Vanijya Bhawan, New Delhi-110011

Page 4 of 51
Disclaimer
1. This RfP document is neither an agreement nor an offer by Department for Promotion of Industry and Internal
Trade, Ministry of Commerce and Industry, Government of India (hereinafter referred to as DPIIT) to the prospective
Applicants or any other person. The purpose of this RfP is to provide information to the interested parties that may
be useful to them in the formulation of their proposal pursuant to this RfP.
2. DPIIT does not make any representation or warranty as to the accuracy, reliability, or completeness of the information
in this RfP document, and it is not possible for DPIIT to consider needs of each party who reads or uses this
document. RfP includes statements which reflect various assumptions and assessments arrived at by DPIIT in relation
to the statement of work. Such assumptions, assessments and statements do not purport to contain all the information
that each Applicant may require. Each prospective Applicant should conduct its own investigations and analyses and
check the accuracy, reliability and completeness of the information provided in this RfP document and obtain
independent advice from appropriate sources.
3. DPIIT will not have any liability to any prospective Applicant/ Firm/ or any other person under any laws (including
without limitation the law of contract, tort), the principles of equity, restitution or unjust enrichment or otherwise for
any loss, expense or damage which may arise from or be incurred or suffered in connection with anything contained
in this RfP document, any matter deemed to form part of this RfP document, the award of the Assignment, the
information and any other information supplied by or on behalf of DPIIT or their employees, any Applicant or
otherwise arising in any way from the selection process for the program. DPIIT will also not be liable in any manner
whether resulting from negligence or otherwise however caused arising from reliance of any Applicant upon any
statements contained in this RfP.
4. DPIIT will not be responsible for any delay in receiving the proposals. The issue of this RfP does not imply that
DPIIT is bound to select an Applicant or to appoint the Selected Agency, as the case may be, for the services and
DPIIT reserves the right to accept/reject any or all of proposals submitted in response to RfP document at any stage
without assigning any reasons whatsoever. DPIIT also reserves the right to withhold or withdraw the process at any
stage with intimation to all who submitted RfP Application.
5. The information given is not exhaustive on account of statutory requirements and should not be regarded as complete
or authoritative statement of law. DPIIT accepts no responsibility for the accuracy or otherwise for any interpretation
or opinion on the law expressed herein.
6. DPIIT reserves the right to change/ modify/ amend/ cancel any or all provisions of this RfP document. Such
revisions to the RfP / amended RfP will be made available on the website of DPIIT and CPPP portal.

Page 5 of 51
Section 1. Letter of Invitation

New Delhi

Date: July 2023

1.1 Introduction

Department for Promotion of Industry and Internal Trade (DPIIT) is nodal department for administration of various laws
related to Intellectual Property Rights. A comprehensive National IPR policy was adopted in May 2016, to stimulate innovation
and creativity across sectors, and provide a clear vision regarding IPR issues.

The act of using Intellectual Property to gain access to financial benefits, credit and generating revenue is referred to as IP
financing and the use of IP as collateral in business transactions is known as IP financing transactions. IP financing is an
emerging business option that may offer an opportunity for companies with valuable IP assets seeking alternative sources of
raising capital. In the recent past, a paradigm shift has been observed in the working and functioning of business corporations
and companies wherein the finances and revenue is generated from IP which acts as intangible assets.

Financial innovations, such as creation of new financial instruments and financial technologies, new derivative contracts,
corporate securities or new forms of pooled investment products for financing or raising loan, if claimed as IP rights, would
become an alternative form of crucial economic and financial tool thereby ensuring maximum economic benefits to a nation.
Hence, IP as intangible assets need to be protected and regulated so that the ecosystem of IP financing and insurance is nurtured
in India. However, despite having great potential, IP backed financing or utilization of the IP base for financing or raising loans
in India is quite dismal.
An advantage of IP backed financing is the increase in value of IP (intangible) assets over a period of time as against value of
tangible assets which tends to depreciate, providing a better and alternative means to traditional financing. IP backed financing has
also been given due credence by Government of India in National IPR Policy wherein one of the slated objectives of the IP Policy
is to "enable valuation of IP rights as intangible assets by application of appropriate methodologies and guidelines; facilitating
securitization of IP rights and their use as collateral by creation of enabling legislative, administrative and market framework".
IP financing in India is still in a nascent stage wherein tangible properties are more established form of collateral in financial
sphere and companies still rely on traditional tangible asset-based financing. IPRs as intangible assets in the financial sphere is a
way forward in improving finances of a country and in enhancing financial innovation, easy availability of credit, and increasing
capital base. With US$19 trillion, or nearly 85% of the value of the S&P 500, represented by intangible assets, investment in
intellectual property has changed the global landscape across industries.

1.2 Objectives of the Engagement

- Committed measures in generating awareness and better understanding of IP financing, value and monetization of
intangible assets in the country.

- Encouraging adaptation to non-traditional forms of collaterization and securitization by conducting trainings and
workshops on scrutinizing and regulating IP financing and also extending necessary support to the business
community.

- Exploring plausible ways to devise a uniform system of valuation of IP as an intangible asset in the country which
would ensure a better evaluation of assets by financial institutions.

- A mechanism to be put in place to recognize and appoint IP evaluators in the country.

- Involving the insurance sector in covering/ protecting against the rise of financial losses faced by an IP to minimize
monetary risks.

Page 6 of 51
 - Analyzing the and incorporating measures and policies undertaken by other countries in successfully endorsing IP
financing by sharing the risks involved in IP financing transactions, extension of subsidies to financial institutions to
adjust to higher costs of invaluable IP assets, etc.

1.3 An Applicant will be chosen as per Quality cum Cost Based Selection (QCBS) process.

The RfP includes the following documents:

SECTION 1 Letter of Invitation

SECTION 2 Instructions to Applicants

SECTION 3 Pre-Qualification and Technical Proposal- Standard Forms

SECTION 4 Financial Proposal- Standard Forms

SECTION 5 Terms of Reference

SECTION 6 Standard format of Work Order

All clarifications/ corrigenda will be published only on the website of DPIIT. The official website for accessing the
information related to RfP is: https://dpiit.gov.in (the “Official Website”) along with Central Public Procurement
Portal (eprocure.gov.in).

Yours sincerely,

Director (IPR – Patents)

DPIIT
Ministry of Commerce & Industry, Government of India
Vanijya Bhawan, New Delhi-110011

Page 7 of 51
Section 2. Instructions to Applicants

2.1 Introduction

2.1.1 The Client will select an Agency in accordance with the method of selection specified in the Data Sheet. Applicants
are advised that the selection of the Agency shall be based on an evaluation by Client through the selection process
specified in this RfP (‘the selection process’). Applicants shall be deemed to have understood and agreed that no
explanation or justification for any aspect of the Selection Process will be given and that Client’s decisions are final
without any right of appeal whatsoever.

2.1.2 The Applicants are invited to submit Technical and Financial Proposals (collectively called as ‘the Proposal’), as
specified in the Data Sheet, for the services required for the Assignment. The Proposal will form the basis for grant
of work order to the Selected Agency. The Selected Agency shall carry out the assignment in accordance with
the Terms of Reference of RfP (the ’TOR’).

2.1.3 The Applicant shall submit the Proposal in the form and manner specified in this RfP. The Proposal shall be submitted
as per the forms given in relevant sections herewith.

2.1.4 Applicants shall bear all costs associated with the preparation and submission of their proposals, and their participation
in the Selection process, and presentation including but not limited to postage, delivery fees, expenses associated with
any demonstrations or presentations which may be required by Client or any other costs incurred in connection with
or relating to its Proposal. The Client is not bound to accept any Proposal and reserves the right to annul the selection
process at any time prior to grant of work order, without thereby incurring any liability to the Applicants.

2.1.5 Client requires that the Applicant shall hold Client’s interest’s paramount, avoid conflicts with other assignments or
its own interests, and act without any consideration for future work. The Applicant shall not accept or engage in any
assignment that may place it in a position of not being able to carry out the assignment in the best interests of Client
and the Project.

2.1.6 It is the client’s policy to require that the Applicants observe the highest standard of ethics during the Selection Process
and execution of work/assignment. In pursuance of this policy, the client:

(a) will reject the Proposal for award if it determines that the Applicant has engaged in corrupt or fraudulent activities
in competing for the work order in question.

(b) will declare an Applicant ineligible, either indefinitely or for a stated period of time, to be awarded any contract
or work order if it at any time determines that the Applicant has engaged in corrupt or fraudulent practices in
competing for and in executing the work order.

2.1.7 Arbitration: If any dispute or difference of any kind whatsoever arises between the parties in connection with or
arising out of or relating to or under this RfP, the parties shall promptly and in good faith negotiate with a view to its
amicable resolution and settlement. In the event no amicable resolution or settlement is reached within a period of
thirty (30) days from the date on which the above-mentioned dispute or difference arose, such dispute or difference
shall be finally settled by Secretary, DPIIT, whose decision shall be final and binding on the parties.

2.1.8 Termination of Assignment: Client will have the right to terminate the assignment by giving 30 (thirty) days written
notice. In the event of termination for no fault of Applicant, the client will reimburse all the expenses incurred by
the Applicant (upon submission of proof) including closing-up of the project. If the assignment is terminated due to
the fault of the Applicant or in case of termination of the assignment by the Applicant for reasons not attributable
to the Client, the Client will forfeit the performance security of the Applicant.

2.1.9 The Applicant shall submit his proposal in four covers containing details of EMD, Pre-Qualification Proposal,
Technical Proposal and Financial Proposal respectively on Central Public Procurement Portal
(http://eprocure.gov.in). Original EMD is to be deposited at DPIIT. No proposal shall be accepted in any other
form and shall be summarily rejected. The submissions for Pre-Qualification shall be evaluated first as specified
in this RfP. Subsequently the technical and financial evaluation as specified in this RfP will be carried out only for

Page 8 of 51
 those Applicants who meet the Pre- Qualification criteria. Based on this technical evaluation, a list of technically
qualified Applicants shall be prepared in the order of their merit.

2.1.10 The evaluation will be done in accordance with procedure given in Clause 2.6.

2.1.11 Number of Proposals: No Applicant shall submit more than one Application.

2.1.12 Right to reject any or all Proposals:

(i) Notwithstanding anything contained in this RfP, the Client reserves the right to accept or reject any Proposal
and to annul the Selection Process and reject all Proposals, at any time without any liability or any obligation for
such acceptance, rejection or annulment, and without assigning any reasons thereof.

(ii) Without prejudice to the generality of above, the Client reserves the right to reject any Proposal if:

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

(b) the Applicant does not provide, within the time specified by the Client, the supplemental information
sought by the Client for evaluation of the Proposal.

(iii) Such misrepresentation/ improper response by the Applicant may lead to the disqualification of the Applicant.
If such disqualification/ rejection occurs after the Proposals have been opened and the highest ranking Applicant
gets disqualified/ rejected, then the Client reserves the right to consider the next best Applicant, or take any
other measure as may be deemed fit in the sole discretion of the Client, including annulment of the Selection
Process.

2.1.13 Acknowledgement by Applicant

(i) It shall be deemed that by submitting the Proposal, the Applicant has:

(a) made a complete and careful examination of the RfP

(b) received all relevant information requested from the Client

(c) accepted the risk of inadequacy, error or mistake in the information provided in the RfP or furnished by
or on behalf of the Client

(d) satisfied itself about all matters, things, and information, including matters herein above, necessary and
required for submitting an informed Application and performance of all its obligations there under

(e) acknowledged that it does not have a Conflict of Interest; and

(f) agreed to be bound by the undertaking provided by it under and in term hereof.

(g) conducted its own investigations and analysis and checked the accuracy, adequacy, correctness, reliability
and completeness of the assumptions, assessments and information contained in this RfP and obtained
independent advice from appropriate sources.

(ii) The Client and/ or its advisors shall not be liable for any omission, mistake or error on the part of the Applicant
in respect of any of the above or on account of any matter or thing arising out of or concerning or relating to
RfP or the Selection Process, including any error or mistake therein or in any information or data given by the
Client and/ or its consultant.

2.2 Clarification and amendment of RfP Documents

Applicants may seek clarification on this RfP document, within seven (7) days of the date of issue of this RfP
document. Any request for clarification must be sent by standard electronic means (PDF and word file) to the Client's
email addressed: [email protected] and [email protected] and through post to the Client’s office addressed to:

Page 9 of 51
 Director (IPR – Patents)
Department for Promotion of Industry and Internal Trade,
Ministry of Commerce and Industry
Government of India,
Vanijya Bhawan,
New Delhi - 110001

The Client will endeavour to respond to the queries prior to the Proposal Due Date. The Client will post the reply
to all such queries on its official website and/or on the Central Public Procurement Portal (CPPP portal).

2.2.1 At any time before the submission of Proposals, the Client may, for any reason, whether at its own initiative or in
response to a clarification requested by a prospective Applicant, modify the RfP documents by an amendment. Only
the amendments/ corrigenda posted on the Client’s Official Website shall be valid. To afford the Applicants a
reasonable time for taking an amendment into account, the Client may at its discretion extend the Proposal Due
Date.

2.2.2 Date of Pre-Bid Meeting and venue is mentioned in Data Sheet. Applicants willing to attend the pre-bid should
inform client beforehand in writing through email. The maximum no. of participants from an Applicant, who chose
to attend the Pre-Bid Meeting, shall not be more than two per Applicant. The representatives attending the Pre-Bid
Meeting shall accompany with an authority letter duly signed by the authorized signatory of his/her organization.

2.3 Earnest Money Deposit

2.3.1 A Earnest Money Deposit in the form of a Demand Draft/ Bank Guarantee, from a scheduled Indian Bank in favour
of Pay and Account Officer, DPIIT, New Delhi, payable at New Delhi, for the sum of Rs. 5,00,000/- (Rupees
Five Lakhs Only) shall be required to be submitted by each Applicant. The Bank Guarantee shall be in the format
of Form 3E.

2.3.2 The Demand Draft/ Bank Guarantee in original shall be placed in an envelope and marked as ―EMD– [name of
assignment] and ―Not to be opened except in the presence of evaluation committee. This envelope shall be
delivered to DPIIT in physical form before the Proposal Due Date. In addition, a scanned copy (in pdf format)
shall also be uploaded on CPPP. Bids received without the specified Earnest Money Deposit Bid Security will be
summarily rejected.

2.3.3 Client will not be liable to pay any interest on Earnest Money Deposit. Bid security of Pre-Qualified but unsuccessful
Applicants shall be returned, without any interest, within one month after grant of the work order to the selected
Applicant or when the selection process is cancelled by Client. The selected Applicant’s Earnest Money shall be
returned, without any interest upon the Applicant accepting the work order and furnishing the Performance in
accordance with provision of the RfP and work order.

2.3.4 Client will be entitled to forfeit and appropriate the Earnest Money Deposit as mutually agreed loss and damage
payable to Client regarding the RfP without prejudice to client’s any other right or remedy under the following
conditions:

(i) If an Applicant engages in a corrupt practice, fraudulent practice, coercive practice, undesirable practice, or
restrictive practice as envisaged under this RfP (including the Standard Form of work order).

(ii) If any Applicant withdraws its Proposal during the period of its validity as specified in this RfP and as extended
by the Applicant from time to time,

(iii) In the case of the selected Applicant, if they fail to accept the work order or provide the Performance Security
within the specified time limit, or

(iv) If the Applicant commits any breach of terms of this RfP or is found to have made a false representation to
Client.

Page 10 of 51
 Performance Security equivalent to the amount indicated in this RfP shall be furnished before start of work on
assignment in form of a Bank Guarantee substantially in the form specified in the RfP/ work order.

For the successful Selected Agency, the Performance Security shall be retained by Client until the completion of the
assignment by the Selected Agency and be released 60 (Sixty) days after the completion of the assignment.

2.4 Preparation of proposal

2.4.1 Applicants are requested to submit their Proposal in English language and strictly in the formats provided in this RfP.
The Client will evaluate only those Proposals that are received in the specified forms and complete in all respects.

2.4.2 In preparing their Proposal, Applicants are expected to thoroughly examine the RfP Document.

2.4.3 The technical proposal should provide the documents as prescribed in this RfP. No information related to financial
proposal should be provided in the technical proposal.

2.4.4 Failure to comply with the requirements spelt out above shall lead to the deduction of marks during the evaluation.
Further, in such a case, Client will be entitled to reject the Proposal. However, if any information related to financial
proposal is included in the technical proposal, the Applicant shall be disqualified, and his proposal will not be
considered.

2.4.5 The Proposals must be digitally pre-signed by the Authorized Representative (the-Authorized Representative) as
detailed below:

(i) by the proprietor in case of a proprietary firm.

(ii) by a partner, in case of a partnership firm and/or a limited liability partnership; or

(iii) by a duly authorized person holding the Power of Attorney/Board Resolution, in case of a Limited Company
or a corporation.

2.4.6 Applicants should note the Proposal Due Date, as specified in Data Sheet, for submission of Proposals. Except as
specifically provided in this RfP, no supplementary material will be entertained by the Client, and the evaluation will
be carried out only on the basis of Documents received by the closing time of Proposal Due Date as specified in
Data Sheet. Applicants will ordinarily not be asked to provide additional material information or documents after
the date of submission, and unsolicited material if submitted will be summarily rejected. For the avoidance of doubt,
the Client reserves the right to seek clarifications in case the proposal is non- responsive on any aspects.

2.4.7 Financial proposal: While preparing the Financial Proposal, Applicants are expected to consider the various
requirements and conditions stipulated in this RfP document. The Financial Proposal should be a lump sum Proposal
inclusive of all the costs including but not limited to all taxes (except GST ) associated with the Assignment. While
submitting the Financial Proposal, the Applicant shall ensure the following:

(i) All the costs associated with the Assignment shall be included in the Financial Proposal. These shall normally
cover remuneration for all the personnel (Expatriate and Resident, in the field, office, etc.), local
transportation at the location of deployment, equipment, printing of documents, secondary and primary data
collection, etc. The total amount indicated in the Financial Proposal shall be without any condition attached
or subject to any assumption and shall be final and binding. In case any assumption or condition is indicated
in the Financial Proposal, it shall be considered non-responsive and liable to be rejected.

(ii) All the costs associated with organizing and hosting events and workshops shall be borne by the agency and
should be included in the Financial Proposal.

(iii) The Applicant will have to travel to different States/UTs at any given point of time. In such cases, the
transportation charges shall be borne by the client based on approved norms of the department and in
consultation with IF wing, DPIIT.

(iv) The Financial Proposal shall consider all the expenses and tax liabilities and cost of insurance specified in the
work order, levies, and other impositions applicable under the prevailing law. For the avoidance of doubt, it
is clarified that all taxes, excluding Goods and Services Tax (GST), shall be deemed to be included in the

Page 11 of 51
 cost shown under different items of Financial Proposal. The Applicant shall be paid only GST over and above
the cost of Financial Proposal. Further, all payments shall be subjected to deduction of taxes at source as per
Applicable Laws.

2.4.8 The proposal should be submitted as per the standard Financial Proposal submission forms prescribed in this RfP.

2.4.9 Applicants shall express the price of their services in Indian Rupees only.

2.5 Submission, receipt and opening of proposals

2.5.1 The Proposal shall be submitted through e-procurement portal CPPP. The procedure for filing of e-tender is
provided on the portal. Files uploaded on the portal should have file name in accordance to following format
[form_name.Applicant_name]. Applicant name should contain only first two words of its name. Proposal received
in any other manner shall be summarily rejected.

2.5.2 The Authorized Representative of the Applicant should authenticate EMD Details, Pre-qualification, Technical and
Financial proposal using digital signatures. The Authorized Representative’s authorization should be confirmed by
a written power of attorney by the competent authority accompanying the Proposal (Pre-Qualification Proposal).

2.5.3 The Applicant shall submit his proposal in four covers containing details of EMD, Pre-Qualification Proposal,
Technical Proposal and Financial Proposal respectively, on e-procurement portal.

2.5.4 No proposal shall be accepted after the closing time for submission of Proposals. After the deadline for submission
of proposals the Pre-Qualification Proposal shall be opened by the Evaluation Committee to evaluate whether the
Applicants meet the prescribed Minimum Qualification Criteria. The RfP, Technical and Financial Proposals shall
remain sealed.

2.5.5 After the Proposal submission until the grant of the work order, if any Applicant wishes to contact the Client on any
matter related to its proposal, it should do so in writing at the Proposal submission address. Any effort by the
Applicant firm to influence the Client during the Proposal evaluation, Proposal comparison or grant of the work
order decisions may result in the rejection of the Applicant’s proposal.

2.6 Proposal Evaluations

2.6.1 As part of the evaluation, the Pre-Qualification Proposal submitted (Form 3A –3H) shall be checked to evaluate
whether the Applicant meets the prescribed Minimum Qualification Criteria. Subsequently the Technical Proposal
submission, for Applicants who meet the Minimum Qualification Criteria (i.e., Shortlisted Applicant), shall be checked
for responsiveness in accordance with the requirements of the RfP and only those Technical Proposals which are
found to be responsive would be further evaluated in accordance with the criteria set out in this RfP document.

2.6.2 Prior to evaluation of Proposals, the Client will determine whether each Proposal is responsive to the requirements
of the RfP at each evaluation stage as indicated below. The Client may, in its sole discretion, reject any Proposal that
is not responsive hereunder. A Proposal will be considered responsive at each stage only if the following requirements
are met:

Pre-qualification

(i) The client shall ensure that the Applicants meet the minimum qualifications prescribed before evaluating
technical and financial proposals.

Page 12 of 51
 Technical Proposal

(i) The Technical Proposal is received in the form specified in this RfP
(ii) It is accompanied by the Earnest Money Deposit as specified in this RfP
(iii) It is received by the proposed due date including any extension thereof in terms hereof.
(iv) It does not contain any condition or qualification; and
(v) It is not non-responsive in terms hereof.

Financial Proposal

(i) The Financial Proposal is received in the form specified in this RfP.
(ii) It is received by the proposed due date including any extension thereof in terms hereof.
(iii) It does not contain any condition or qualification; and
(iv) It is not non-responsive in terms hereof.

2.6.3 The Client reserves the right to reject any Proposal which is non-responsive and no request for alteration,
modification, substitution, or withdrawal will be entertained by the Client in respect of such Proposals. However,
client reserves the right to seek clarifications or additional information from the Applicant during the evaluation
process. The Client will subsequently examine and evaluate Proposals in accordance with the Selection Process
detailed out below. As part of the evaluation, the Pre-Qualification Proposals submitted should fulfil the Minimum
Qualification Criteria. In case an Applicant does not fulfil the Minimum Qualification Criteria, the Proposal of such
an Applicant will not be evaluated further.

2.6.4 Minimum Qualification Criteria

S No Minimum Qualification Criteria Document required

The Bidder should be registered in India under the Companies Act 2013 or a partnership Certificate of Incorporation/
firm registered under the Indian Partnership Act 1932 or LLP registered under LLP Act Registration
1 2008 with their registered office in India. Joint venture or any Consortium is not
permitted.
The Applicant should not be blacklisted by any Central / State Government / Public Form 3B
2 Sector Undertaking / Judicial pronouncement in India.
The Applicant must have an organization size of consisting of a minimum of 50 full time Certificates from authorized
3 employees. HR representative
The Applicant should have been in operation for at least 5 (five) years as on date of publishing Certificate of Incorporation/
4 of bid. Registration

The bidder should have completed at least 1 (one) large strategic/management consulting Self-certification from
project of project value > USD 1 million / Rs. 8 crore (Indian Rupees Eight Crore only) in Managing Director or
5
the last 7 years. equivalent authorized
signatory
The annual turnover of the Bidder should be a minimum of Rs. 200 crore (Indian Rupees Certificate from Chartered
Two Hundred Crore only) in each of the last 3 (three) financial years. The turnover quoted accountant/ Audited Copy
6
must be from strategic/ management consultancy (excluding revenue from audit and of Financial Statements
taxation).
The bidder should have physical offices in more than 30 (thirty) countries with permanent Self-certification from
staff including group company offices or branch offices in India or outside of India with Managing Director or
7
access to their knowledge networks. equivalent authorized
signatory

Page 13 of 51
2.6.5 Technical Evaluation: The evaluation committee (―Evaluation Committee) appointed by the Client will carry out
the evaluation of Proposals based on the following evaluation criteria and points system. If required, the Client may
seek specific clarifications from any or all Applicant(s) at this stage. Each evaluated Proposal will be given a technical
score (St) as detailed below. The maximum points/ marks to be given under each of the evaluation criteria are:

Main Criteria Sub- Weight

Sub-criteria

1) Specific experience of working on similar projects 15

(i) 3 or more projects - 15 marks
(ii) 2 projects - 10 marks
(iii) 1 project - 5 marks
Experience 2) Experience of working with Central Government/ State Governments/ UTs 10
(30 Marks) and their related institutions in the last 10 years
(i) 5 or more Governments - 10 marks
(ii) 4 Governments - 8 marks
(iii) 3 Governments - 6 marks
(iv) 2 Governments - 4 marks
(v) 1 Government - 2 marks
3) Specific experience of carrying out field research/ survey work 5
1) Proposed team (qualifications and experience) 25
2) Deployment schedule 15
Please demonstrate the relevant skills and expertise of your organization and staff, to undertake
Resourcing this work. Please provide CV details (key information, not full CVs) for up to 5 key persons
(40 marks) who will be responsible for delivering this work. Please include an organogram showing a
summary of roles and responsibilities and the amount of each person’s time to be dedicated to this
project. Please also demonstrate that you have sufficient capacity to carry out this work. If the
team includes any staff who are not permanently employed by your organization please include
details and advise how they will be secured and managed for the duration of the Contract.
1) Understanding of the TOR, Adequacy of the proposed methodology and 5
Technical work plan in responding to the terms of Reference
Presentation 2) Technical approach and methodology 15
(Approach and
3) Work Plan 10
Methodology)
(30 Marks)
Total 100

Applicants, whose bids are responsive, based on minimum qualification criteria as in Pre-Qualification Criteria and
score at least 70 marks from the technical evaluation criteria would be considered technically qualified.

DPIIT reserves the right to request for deployment of additional team members for successful execution of the
project. The financial consideration for such additional deployment will be in accordance to average man-month
rate quoted in the financial proposal.
A proposal will be considered unsuitable and will be rejected at this stage if it does not respond to important aspects
of RfP Document and the Terms of Reference.

The DPIIT reserves the right for deployment of the team member(s) from the Selected Agency to be stationed at
designated place by DPIIT on need-basis.

2.6.6 Final selection: The final selection of the Agency would be based on QCBS (Quality-Cum Cost Based
Methodology). The technical score would be calculated for each Applicant by the client and all the
Applicants who get at least 70 marks out of 100 would be considered for financial evaluation. Applicants
who get a technical score of less than 70 out of 100 would not be considered for the financial evaluation.
The financial score would be calculated through a normalization process where the lowest Applicant would

Page 14 of 51
 be given 100 marks and scores of all other Applicants would be normalized against this. Final selection
would be based on weighted score where the weights for technical and financial scores would be in the
ratio of 80:20. The Applicant with the highest weighted score would be awarded the contract.

Commercial Bid Evaluation

a. The Financial Bids of technically qualified Applicants will be opened on the prescribed date in the presence of
Applicant representatives.

b. If a firm quotes NIL charges/ consideration, the bid shall be treated as unresponsive and will not be considered.

c. The Applicant with the lowest qualifying financial bid (L 1) will be awarded 100% score (amongst the Applicants
which did not get disqualified based on point b above). Financial Scores for other than L 1 Applicants will be evaluated
using the following formula: Financial Score of an Applicant (Fn) ={(Commercial Bid of L 1/Commercial Bid of the Applicant)
X 100}% (Adjusted to two decimal places)

d. Only fixed price financial bids indicating total price for all the deliverables and services specified in this bid
document will be considered.

e. The bid price will include all taxes and levies and shall be in Indian Rupees.

f. Any conditional bid would be rejected

g. Errors & Rectification: Arithmetical errors will be rectified on the following basis: “If there is a discrepancy between
the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail
and the total price shall be corrected. If there is a discrepancy between words and figures, the amount in words will
prevail”.

Combined and Final Evaluation

The final selection of the Agency would be based on QCBS (Quality-Cum Cost Based Methodology)

a. The technical and financial scores secured by each Applicant will be added using weightage of 80% and
20% respectively to compute a Composite Bid Score.
b. The Applicant securing the highest Composite Bid Score will be adjudicated as the most responsive
Applicant for award of the Project. The overall score will be calculated as follows:

Bn = 0.8 * Tn + 0.2 * Fn

Where

Bn = overall score of the Applicant

Tn = technical score of the Applicant (out of maximum 100 marks)

Fn = normalized financial score of the Applicant

c. In the event the bid composite bid scores are ‘tied’, the Applicant securing the highest technical score will
be adjudicated as the Best Value Applicant for award of the Project.

2.7 Grant of Work Order

2.7.1 After selection, a work order will be issued, in duplicate, by the Client to the successful Applicant and the
successful Applicant shall, within 7 (seven) days of the receipt of the work order, sign and return the
duplicate copy of the work order in acknowledgement thereof. In the event the duplicate copy of the work
order duly signed by the successful Applicant is not received by the stipulated date, the Client may, unless it

Page 15 of 51
 consents to extension of time for submission thereof, appropriate the Earnest Money Deposit of such
Applicant in full or to the extent of mutually agreed pre-estimated loss and damage suffered by the Client on
account of failure of the Successful Applicant to acknowledge the work order, and the next highest ranking
Applicant may be considered.

2.7.2 Performance Security: Performance Security equivalent to 3 (Three) percent of the total cost of Financial
Proposal shall be furnished from a Nationalized/Scheduled Bank, before start of work on assignment, in
form of a Bank Guarantee substantially in the form specified at Annexure of the work order. For the
successful Applicant, the Performance Security will be retained by Client until the completion of the
assignment by the Applicant and be released 60 (Sixty) Days after the completion of the assignment.

2.8 Confidentiality
Information relating to evaluation of proposals and recommendations concerning grant of the work order
shall not be disclosed to the Applicants, their representatives/agents or any person connected to the
Applicant(s) who submitted the proposals or to other persons not officially concerned with the process, until
the winning firm has been notified that it has been given the work order.

2.9 Contract cancellation along with forfeiture of Performance Guarantee

2.9.1 The Applicants and their respective officer(s), employee(s), agent(s), representative(s), and adviser(s) shall
observe the highest standard of ethics during the Selection Process. Notwithstanding anything to the
contrary contained in this RfP, the Client will reject a Proposal without being liable in any manner
whatsoever to the Applicant, if it determines that the Applicant has, directly or indirectly or through its
officer(s), employee(s), agent(s), representative(s) and adviser(s), engaged in corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice (collectively the ―Prohibited
Practices) in the Selection Process. In such an event, the Client will, without prejudice to its any other rights
or remedies, forfeit and appropriate the Earnest Money Deposit, as mutually agreed genuine pre-estimated
compensation and damages payable to the Client for, inter alia, time, cost and effort of the Client, in regard
to the RfP, including consideration and evaluation of such Applicant’s proposal.

2.9.2 Without prejudice to the rights of the Client under this Clause, hereinabove and the rights and remedies
which the Client may have under the work order or the Agreement, if an Applicant or Selected Agency, as
the case may be, is found by the Client to have directly or indirectly or through an agent(s)/representative(s),
engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice during the Selection Process, or after the issue of the work order or the execution of the
Agreement, such Applicant or Selected Agency shall not be eligible to participate in any tender or RfP
issued by the Client during a period of 2 (two) years from the date such Applicant or Selected Agency, as
the case may be, is found by the Client to have directly or through an agent, engaged or indulged in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as the
case may be.

2.9.3 For the purposes of this Clause, 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 action of any person connected with the Selection Process (for
avoidance of doubt, offering of employment to or employing or engaging in any manner
whatsoever, directly or indirectly, any official of the Client who is or has been associated in any
manner, directly or indirectly with the Selection Process or the work order or has dealt with
matters concerning the Agreement or arising there from, before or after the execution thereof, at
any time prior to the expiry of one year from the date such official resigns or retires from or
otherwise ceases to be in the service of the Client, shall be deemed to constitute influencing the
actions of a person connected with the Selection Process; or (ii) save as provided herein, engaging
in any manner whatsoever, whether during the Selection Process or after the issue of the work
order or after the execution of the Agreement, as the case may be, any person in respect of any
matter relating to the Project or the work order or the Agreement, who at any time has been or is

Page 16 of 51
 a legal, financial or technical consultant/ adviser of the Client in relation to any matter concerning
the Project;

(b) fraudulent practice means a misrepresentation or omission of facts or disclosure of incomplete

facts, in order to influence the selection process.

(c) coercive practice means impairing or harming or threatening to impair or harm, directly or
indirectly, any persons or property to influence any person’s participation or action in the selection
process.

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

(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
Selection Process.

2.10 Pre-Bid Meeting

2.10.1 Pre-Bid Meeting of the Applicants will be convened off-line at the designated date, time, and place. A
maximum of two agents/representatives of each Applicant will be allowed to participate on production of
an authorization letter from the Applicant. The pre-bid meeting may be held virtually based upon prevailing
conditions and shall be notified to Applicants duly submitting their queries on/before the stipulated date
mentioned in the data sheet of this RfP.

2.10.2 During the Pre-Bid Meeting, the Applicants will be free to seek clarifications (posted on the website) and
make suggestions for consideration of the Client. The Client will endeavour to provide clarifications and
such further information as it may, in its sole discretion, consider appropriate for facilitating a fair,
transparent, and competitive selection process.

2.11 Miscellaneous

2.11.1 The Selection 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 Selection Process.

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

• Suspend and/or cancel the Selection Process and/or amend and/or supplement the Selection
Process or modify the dates or other terms and conditions relating thereto.

• Consult with any Applicant to receive clarification or further information.

• Retain any information and/or evidence submitted to the Client by, on behalf of and/or in relation
to any Applicant; and/or

• Independently verify, disqualify, reject and/or accept any/all submissions or other information
and/or evidence submitted by or on behalf of any Applicant.

2.11.3 It shall be deemed that by submitting the Proposal, the Applicant agrees and releases the Client, 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 herewith
and waives any and all rights and/ or claims it may have in this respect, whether actual or contingent, whether
present or future.

Page 17 of 51
2.11.4 All documents and other information provided by Client or submitted by an Applicant to Client shall remain
or become the property of Client. Applicants and the Selected Agency, as the case may be, are to treat all
information as strictly confidential. Client will not return any Proposal, or any information related thereto.
All information collected, analysed, processed or in whatever manner provided by the Applicant to the Client
in relation to the assignment shall be the property of the Client.

2.11.5 The Client reserves the right to make inquiries with any of the clients listed by the Applicants in their
previous experience record.

2.12 Tentative schedule for selection process

The Client will endeavour to follow the following schedule:

Date of issue of RFP 6th July, 2023

Last date for receiving queries/requests for clarification 13th July 2023

Pre-bid meeting 17th July 2023

Client's response to queries/requests for clarification 20th July 2023

Proposal due date 09th August, 2023

Opening of pre-qualification proposal 11th August, 2023

Presentation by the Applicants meeting the pre-qualification criteria To be Intimated

Opening of financial bid To be Intimated

*Applicant may note that the venue and time of opening of financial bid shall be posted on official website of client
after presentation by Applicants.

2.13 Data Sheet

Reference Description
Section 1, Point 1
The Department proposes to engage an Applicant for providing consulting services
for Intellectual Property financing
Section 1, Point 3 An Applicant will be selected as per Quality cum Cost Based Selection (QCBS)
process.
2.1.1 The name of Client is: ―Department for Promotion of Industry and Internal Trade,
Ministry of Commerce and Industry, Government of India

2.2 Clarification must be requested on or before 13th July, 2023.

Applicants shall share the MS Word file in soft copy of pre-bid queries at the time of
requesting clarifications. The address for requesting clarification is:
[email protected] and [email protected]

2.2.2 Date & Time of pre bid meeting 17th July, 2023 at 11:00 AM, at the
Official Address:
Department for Promotion of Industry and Internal Trade
Ministry of Commerce & Industry, Government of India
Vanijya Bhawan, New Delhi-110001

Page 18 of 51
 The pre-bid meeting may be held virtually based upon prevailing conditions and shall
be notified to Applicants duly submitting their queries on/before the above-
mentioned stipulated date.

2.3.4 The proposal of the Applicant shall be valid for 60 days from the Proposal Due Date.

2.4.6 The last date of submission of Proposal is 09th August, 2023 at 05:30 PM (IST). The
proposal will be submitted on CPPP. The address for submission of EMD/Bank
Guarantee is:

Director, (IPR – Patents), Email- [email protected] and [email protected]

DPIIT
Ministry of Commerce & Industry, Government of India
Vanijya Bhawan, New Delhi - 110001
Form 4A and 4B The Applicant to state cost in Indian Rupees only- both in figures and words

Section 3. Pre-Qualification and Technical Proposal Standard Forms

Form 3A: Pre – Qualification Proposal Submission Form

Form 3B Self-certification of Minimum Eligibility and of not being blacklisted

Form 3C: Format for highlighting relevant experience

Form 3D: Format for Power of Attorney for Authorized representative

Form 3E: Format of Bank Guarantee for Earnest Money Deposit

Form 3F: Technical Proposal Submission

Form 3G: Profile of the Applicant

Form 3H: Format for CV of the professional staff proposed

A presentation needs to be made by the Bidder at the time of technical evaluation which may be submitted later
(at least 2 days before the date of technical evaluation).

Page 19 of 51
 REQUEST FOR PROPOSAL (RfP) FOR PROVIDING CONSULTANCY SERVICES FOR
INTELLECTUAL PROPERTY FINANCING

Form 3A. Pre-Qualification Proposal Submission Form

*Please attach a clear scan copy of all the documents

[Location, Date]

To

Director, (IPR – Patents),

DPIIT
Ministry of Commerce & Industry, Government of India
Vanijya Bhawan, New Delhi – 110001

Email- [email protected] and [email protected]

RfP dated [date] for selection of the Applicant for [name of assignment]

Dear Sir/Madam,

With reference to your RfP Document dated [date], we, having examined all relevant documents and understood
their contents, hereby submit our Pre-Qualification Proposal for selection as [name of assignment]. The Proposal
is unconditional and unqualified.

We are submitting our Proposal as [name of the Applicant].

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

Further:

1. We acknowledge that Client will be relying on the information provided in the Proposal and the documents
accompanying the Proposal for selection of the Applicant, and we certify that all information provided in
the Proposal and in the supporting documents is true and correct, nothing has been omitted which renders
such information misleading; and all documents accompanying such Proposal are true copies of their
respective originals.
2. This statement is made for the express purpose of appointment as the Selected Agency for the aforesaid
Project.
3. We shall make available to Client any additional information it may deem necessary or require for
supplementing or authenticating the Proposal.
4. We acknowledge the right of Client to reject our application without assigning any reason or otherwise and
hereby waive our right to challenge the same on any account whatsoever.
5. We certify that in the last (3) years, we have neither failed to perform on any assignment or contract, as
evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or
arbitration award against the Applicant, nor been expelled from any project, assignment or contract by any
public authority nor have had any assignment or contract terminated by any public authority for breach on
our part.
6. We declare that:

(a) We have examined and have no reservations to the RfP, including any Addendum issued by the
Authority.
(b) We do not have any conflict of interest in accordance with the terms of the RfP.
(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 the RfP

Page 20 of 51
 document, in respect of any tender or request for proposal issued by or any agreement entered into with
Client or any other public sector enterprise or any government, Central or State; and
(d) We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will
engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice, or restrictive
practice.

7. We understand that you may cancel the selection process at any time and that you are neither bound to
accept any Proposal that you may receive nor to select the Applicant, without incurring any liability to the
other Applicants.
8. We declare that we are not associated or affiliated to any other Applicant applying for selection.
9. We declare that we are not a member of any other Consortium/JV applying for selected as a Consulting
Agency.
10. We certify that in regard to matters other than security and integrity of the country, we or any of our affiliates
have not been convicted by a court of law or indicted or adverse orders passed by a regulatory authority
which would cast a doubt on our ability to undertake the 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 or convicted by a court of law for any offence committed
by us or by any of our affiliates. We further certify that neither we nor any of our consortium members have
been barred by the central government, any state government, a statutory body or any public sector
undertaking, as the case may be, from participating in any project or bid, and that any such bar, if any, does
not subsist as on the date of this RfP.
12. We further certify that no investigation by a regulatory authority is pending either against us or against our
affiliates or against our CEO or any of our Directors/ Managers/ employees.
13. We hereby irrevocably waive any right or remedy which we may have at any stage at law or howsoever
otherwise arising to challenge or question any decision taken by Client in connection with the selection of
the Applicant or in connection with the selection process itself in respect of the above mentioned Project.
14. We agree and understand that the proposal is subject to the provisions of the RfP document. In no case,
shall we have any claim or right of whatsoever nature if the Project is not awarded to us or our proposal is
not opened or rejected.
15. We agree to keep this offer valid for xx (Number in words) days from the Proposal Due Date specified in
the RfP.
16. A Power of Attorney in favour of the authorized signatory to sign and submit this Proposal and documents
is attached herewith.
17. The Technical and Financial Proposal is being submitted in a separate cover. This Pre-Qualification Proposal
read with the Technical and Financial Proposal shall constitute the application which shall be binding on us.
18. We agree and undertake to abide by all the terms and conditions of the RfP Document.

Yours sincerely,

(Signature)

Name and title of Authorized

Signatory/Authorized
representative

Page 21 of 51
(Name of Firm)

Address:

Telephone:

Fax:

(Name and seal of the Applicant/Member in Charge)

Page 22 of 51
 REQUEST FOR PROPOSAL (RfP) FOR HIRING OF AN AGENCY FOR PROVIDING
CONSULTANCY SERVICES FOR INTELLECTUAL PROPERTY FINANCING
Form 3B: Self-certification of Minimum Eligibility and of not being blacklisted

[Location, Date]

Here gives a certificate that the Selected Agency is a registered firm/ company/ partnership* and is not being currently
blacklisted** by any Central/ State/ Public Sector undertaking in India.

If at any time it is found out that the Selected Agency did not have the capabilities as enumerated above, DPIIT
may put the Selected Agency in a negative list without prejudice to any other civil/ criminal action under the law and
forfeiture of the earnest money deposit and in due course the performance guarantee in lieu of penalty.

*Kindly provide supporting documents of being registered firm/incorporation certificate.

**Kindly provide details if the company has been blacklisted in the past with the relevant supporting documents.

Note:

1. In case the Applicant does not have a statutory auditor, it may provide the certificate from its Chartered
Accountant.

Page 23 of 51
 REQUEST FOR PROPOSAL (RfP) FOR HIRING OF AN AGENCY FOR PROVIDING
CONSULTANCY SERVICES FOR INTELLECTUAL PROPERTY FINANCING

Form 3C: Format for highlighting relevant experience

Please give details of each project on a separate sheet

Assignment Name: Approx. value of the Contract

Country and location in Country: Duration of assignment (months):

Name of Client: Total number of staff-months:

Address of Client: Completion Date (Month/Year)

Name of Project Manager involved, and functions performed:

Names of 5 professionals and qualification details:

Description of Actual Services Provided by Your Staff:

*Kindly provide supporting documents such as contract/work order copy LOI/completion certificate
etc.

*Please note that the experience will not be counted if the relevant supporting document is not attached.

*Please provide experience of the registered firm/company/partnership who is applying (do not share
experience of sister companies/subsidiaries)

* Please attach a clear scan copy of the supporting documents

Page 24 of 51
 REQUEST FOR PROPOSAL (RfP) FOR HIRING OF AN AGENCY FOR PROVIDING
CONSULTANCY SERVICES FOR INTELLECTUAL PROPERTY FINANCING

Form 3D: Format for Power of Attorney for Authorized Representative

Know all men by these presents, We, [name of organization and address of the registered office] do hereby constitute,
nominate, appoint and authorize Mr. / Ms. [name], son/ daughter/ wife of [name], and presently residing at [address],
who is presently employed with/ retained by us and holding the position of [designation] as our true and lawful
attorney (hereinafter referred to as the ―Authorized Representative), with power to sub-delegate to any person, 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 Proposal for and selection as Selected Agency for [name of assignment], to be
developed by DPIIT (the ―Authority) including but not limited to signing and submission of all applications,
proposals and other documents and writings, participating in pre-bid and other conferences and providing
information/ responses to the Authority, representing us in all matters before the Authority and undertakings
consequent to acceptance of our proposal and generally dealing with the Authority in all matters in connection with
or relating to or arising out of our Proposal for the said Project and/or upon award thereof to us until accepting the
work order with the Authority.

AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be done by our
said Authorized Representative 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 Authorized Representative in exercise of the powers hereby conferred
shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, [name of organization], THE ABOVE-NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS [date in words] DAY OF [month] [year in yyyy
format].

For [name and registered address of organization]

[Signature]

[Name]

[Designation]

Witnesses:

1. [Signature, name, and address of witness]

2. [Signature, name, and address of Witness] Accepted

Page 25 of 51
Notes

1. 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 seal affixed in accordance with the required procedure.
2. Wherever required, the Applicant should submit for verification the extract of the charter documents and
other documents such as a resolution/power of attorney in favour of the person executing this Power of
Attorney for the delegation of power hereunder on behalf of the Applicant.
3. For a Power of Attorney executed and issued overseas, the document will also have to be legalized by the
Indian Embassy and notarized 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 legalized by the Indian Embassy if it carries a conforming Apostille
certificate.

Page 26 of 51
 REQUEST FOR PROPOSAL (RfP) FOR HIRING OF AN AGENCY FOR PROVIDING
CONSULTANCY SERVICES FOR INTELLECTUAL PROPERTY FINANCING

Form 3E: Format of Bank Guarantee for Earnest Money Deposit

BG No.

Date:

1. In consideration of you, Department for Promotion of Industry and Internal Trade, Ministry of Commerce
and Industry, Government of India, Vanijya Bhawan, New Delhi — 110011 (hereinafter referred to as the
―Authority which expression shall, unless repugnant to the context or meaning thereof, include its
administrators, successors and assigns) having agreed to receive the proposal of [Name of company],
(hereinafter referred to as the ―Applicant which expression shall unless it be repugnant to the subject or
context thereof include its successors and assigns), for appointment as Selected Agency for [name of
assignment] pursuant to the RfP Document dated [date] issued in respect of the Assignment and other related
documents including without limitation the draft work order for services (hereinafter collectively referred to
as ―RfP Documents), we [Name of the Bank] having our registered office at [registered address] and one of
its branches at [branch address] (hereinafter referred to as the ―Bank), at the request of the Applicant, do
hereby in terms of relevant clause of the RfP Document, irrevocably, unconditionally and without reservation
guarantee the due and faithful fulfilment and compliance of the terms and conditions of the RfP Document
by the said Applicant and unconditionally and irrevocably undertake to pay forthwith to the Authority an
amount of Rs. [in figures] ([in words]) (hereinafter referred to as the ―Guarantee) as our primary obligation
without any demur, reservation, recourse, contest or protest and without reference to the Applicant if the
Applicant shall fail to fulfil or comply with all or any of the terms and conditions contained in the said RfP
Document.
2. Any such written demand made by the Authority stating that the Applicant is in default of the due and
faithful fulfilment and compliance with the terms and conditions contained in the RfP Document shall be
final, conclusive, and binding on the Bank. We, the Bank, further agree that the Authority shall be the sole
judge to decide as to whether the Applicant is in default of due and faithful fulfilment and compliance with
the terms and conditions contained in the RfP Document including, Document including without limitation,
failure of the said Applicant to keep its Proposal valid during the validity period of the Proposal as set forth
in the said RfP Document, and the decision of the Authority that the Applicant is in default as aforesaid shall
be final and binding on us, notwithstanding any differences between the Authority and the Applicant or any
dispute pending before any court, tribunal, arbitrator or any other authority.
3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable under this Guarantee
without any demur, reservation, recourse, contest or protest and without any reference to the Applicant or
any other person and irrespective of whether the claim of the Authority is disputed by the Applicant or not,
merely on the first demand from the Authority stating that the amount claimed is due to the Authority by
reason of failure of the Applicant to fulfil and comply with the terms and conditions contained in the RfP
Document including without limitation, failure of the said Applicant to keep its Proposal valid during the
validity period of the Proposal as set forth in the said RfP Document for any reason whatsoever. Any such
demand made on the Bank shall be conclusive as regards amount due and payable by the Bank under this
Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs.
[in figures] ([in words]).
4. This Guarantee shall be irrevocable and remain in full force for a period of 60 days from the Proposal Due
Date and a further claim period of 30 days or for such extended period as may be mutually agreed between
the Authority and the Applicant, and agreed to by the Bank, and shall continue to be enforceable until all
amounts under this Guarantee have been paid.
5. The Guarantee shall not be affected by any change in the constitution or winding up of the Applicant or the
Bank or any absorption, merger or amalgamation of the Applicant or the Bank with any other person.
6. To give full effect to this Guarantee, the Authority shall be entitled to treat the Bank as the principal debtor.
The Authority shall have the fullest liberty without affecting in any way the liability of the Bank under this
Guarantee from time to time to vary any of the terms and conditions contained in the said RfP Document
or to extend time for submission of the Proposals or the Proposal validity period or the period for conveying
of Letter of Acceptance to the Applicant or the period for fulfilment and compliance with all or any of the

Page 27 of 51
 terms and conditions contained in the said RfP Document by the said Applicant or to postpone for any time
and from time to time any of the powers exercisable by it against the said Applicant and either to enforce or
forbear from enforcing any of the terms and conditions contained in the said RfP Document or the securities
available to the Authority, and the Bank shall not be released from its liability under these presents by any
exercise by the Authority of the liberty with reference to the matters aforesaid or by reason of time being
given to the said Applicant or any other forbearance, act or omission on the part of the Authority or any
indulgence by the Authority to the said Applicant or by any change in the constitution of the Authority or
its absorption, merger or amalgamation with any other person or any other matter or thing whatsoever which
under the law relating to sureties would but for this provision have the effect of releasing the Bank from its
such liability.
7. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or made if addressed
to [Name of bank along with branch address] and sent by courier or by registered mail to the Bank at the
address set forth herein.
8. We undertake to make the payment on receipt of your notice of claim on us addressed to [Name of bank
along with branch address] and delivered at our above branch which shall be deemed to have been duly
authorized to receive the said notice of claim.
9. It shall not be necessary for the Authority to proceed against the said Applicant before proceeding against
the Bank and the guarantee herein contained shall be enforceable against the Bank, notwithstanding any
other security which the Authority may have obtained from the said Applicant or any other person and which
shall, at the time when proceedings are taken against the Bank hereunder, be outstanding or unrealized.
10. We, the Bank, further undertake not to revoke this Guarantee during its currency except with the previous
express consent of the Authority in writing.
11. The Bank declares that it has power to issue this Guarantee and discharge the obligations contemplated
herein, the undersigned is duly authorized and has full power to execute this Guarantee for and on behalf of
the Bank.
12. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to Rs. 5,00,000/-
[Five Lakh Rupees]. The Bank shall be liable to pay the said amount or any part thereof only if the Authority
serves a written claim on the Bank in accordance with paragraph 8 hereof, on or before [date].

Signed and Delivered by [name of bank]

By the hand of Mr. /Ms. [name], it’s [designation] and authorized official.

(Signature of the Authorized Signatory)

(Official Seal)

Notes:

— The Bank Guarantee should contain the name, designation and code number of the officer(s) signing the
Guarantee.

— The address, telephone number and other details of the Head Office of the Bank as well as of issuing Branch
should be mentioned on the covering letter of issuing Branch.

Page 28 of 51
 REQUEST FOR PROPOSAL (RfP) FOR HIRING OF AN AGENCY FOR PROVIDING
CONSULTANCY SERVICES FOR INTELLECTUAL PROPERTY FINANCING
Form 3F: Technical Proposal Submission Form

[Location, Date]

Director, (IPR – Patents),

DPIIT
Ministry of Commerce & Industry, Government of India
Vanijya Bhawan, New Delhi-110001

Email- [email protected] and [email protected]

RfP dated [date] for selection for [name of assignment]

Sir,

With reference to your RfP Document dated [date], we, having examined all relevant documents and understood their
contents, hereby submit our Technical Proposal for selection as [name of assignment]. The Proposal is unconditional
and unqualified.

We are submitting our Proposal as [name of the Applicant].

If negotiations are held during the period of validity of the Proposal, we undertake to negotiate in accordance with
the RfP. Our Proposal is binding upon us, subject only to the modifications resulting from negotiations in accordance
with the RfP.

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

1. We acknowledge that Client will be relying on the information provided in the Proposal and the documents
accompanying the Proposal for selection of the Agency, and we certify that all information provided in the
Proposal and in the supporting documents is true and correct, nothing has been omitted which renders such
information misleading; and all documents accompanying such Proposal are true copies of their respective
originals.
2. This statement is made for the express purpose of appointment as the Selected Agency for the aforesaid
Project.
3. We shall make available to Client any additional information it may deem necessary or require for
supplementing or authenticating the Proposal.
4. We acknowledge the right of Client to reject our application without assigning any reason or otherwise and
hereby waive our right to challenge the same on any account whatsoever.
5. We certify that in the last (3) years, we have neither failed to perform on any assignment or contract, as
evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or
arbitration award against the Applicant, nor been expelled from any project, assignment or contract by any
public authority nor have had any assignment or contract terminated by any public authority for breach on
our part.
6. We declare that:

a) We have examined and have no reservations to the RfP, including any Addendum issued by the
Authority.

b) We do not have any conflict of interest in accordance with the terms of the RfP.

Page 29 of 51
 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 the
RfP document, in respect of any tender or request for proposal issued by or any agreement entered
into with Client or any other public sector enterprise or any government, Central or State; and

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

7. We understand that you may cancel the selection process at any time and that you are neither bound to
accept any Proposal that you may receive nor to select the Agency, without incurring any liability to the
other Applicants.

8. We certify that in regard to matters other than security and integrity of the country, we or any of our affiliates
have not been convicted by a court of law or indicted or adverse orders passed by a regulatory authority
which would cast a doubt on our ability to undertake the Project or which relates to a grave offence that
outrages the moral sense of the community.
9. We further certify that in regard to matters relating to security and integrity of the country, we have not been
charge-sheeted by any Applicant of the Government or convicted by a court of law for any offence
committed by us or by any of our affiliates. We further certify that neither we nor any of our consortium
members have been barred by the central government, any state government, a statutory body or any public
sector undertaking, as the case may be, from participating in any project or bid, and that any such bar, if any,
does not subsist as on the date of this RfP.
10. We further certify that no investigation by a regulatory authority is pending either against us or against our
affiliates or against our CEO or any of our Directors/ Managers/ employees.
11. We hereby irrevocably waive any right or remedy which we may have at any stage at law or howsoever
otherwise arising to challenge or question any decision taken by Client in connection with the selection of
Selected Agency or in connection with the selection process itself in respect of the above-mentioned Project.
12. We agree and understand that the proposal is subject to the provisions of the RfP document. In no case,
shall we have any claim or right of whatsoever nature if the Project is not awarded to us or our proposal is
not opened or rejected.
13. The Financial Proposal is being submitted in a separate cover. This Technical Proposal read with the
Financial Proposal shall be binding on us.
14. We agree and undertake to abide by all the terms and conditions of the RfP Document.

Yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:

Name of Firm:

Address:

Telephone:

Fax:

(Name and seal of the Applicant/Member in Charge)

Page 30 of 51
 REQUEST FOR PROPOSAL (RfP) FOR HIRING OF AN AGENCY FOR PROVIDING
CONSULTANCY SERVICES FOR INTELLECTUAL PROPERTY FINANCING
Form 3G: Profile of Applicant

[Location, Date]

— Brief Profile of Applicant (in one page)

— Number of offices with locations in India
— Global presence

Page 31 of 51
REQUEST FOR PROPOSAL (RfP) FOR HIRING OF AN AGENCY PROVIDING CONSULTANCY
SERVICES FOR INTELLECTUAL PROPERTY FINANCING
Form 3H: Format for CV of the professional staff proposed
(Please attach separate sheets for each resource)

1. Name:
2. Position:
3. Date of Birth:
4. Education:

From To Company Position held

5. Employment Record
6. Brief Profile
(Years of experience etc.)

7. Countries of Work Experience:

8. Languages Known:

9. Work Undertaken that Best Illustrates Capability to Handle the Task

Assigned Year:

Location:

Client:

Position Held:

Main features:

Activities Performed:

Page 32 of 51
10. Certification

I certify that to the best of my knowledge and belief, this CV correctly describes myself, my qualifications,
and my experience. I understand that any willful misstatement described herein may lead to my
disqualification or dismissal, if engaged.

________________________ Date:________________________

Signature of staff member/ Authorized signatory Day/Month/Year

Page 33 of 51
 REQUEST FOR PROPOSAL (RfP) FOR HIRING OF AN AGENCY FOR PROVIDING
CONSULTANCY SERVICES FOR INTELLECTUAL PROPERTY FINANCING

Section 4: Financial Proposal- Standard Forms

Form 4A: Financial Proposal Submission

Form 4B: Summary of Costs

Page 34 of 51
 REQUEST FOR PROPOSAL (RfP) FOR HIRING OF AN AGENCY FOR PROVIDING
CONSULTANCY SERVICES FOR INTELLECTUAL PROPERTY FINANCING

Form 4A: Financial Proposal Submission Form

[Location]

[Date]

To

Director, (IPR – Patents), Email- [email protected] and [email protected]

DPIIT
Ministry of Commerce & Industry, Government of India
Vanijya Bhawan, New Delhi-110001

Dear Sir/Madam,

Subject: Services for [name of assignment].

We, the undersigned, offer to provide the services for [name of assignment] in accordance with your Request for
Proposal dated [date] and our Proposal. Our attached Financial Proposal is for the sum of [amount(s) in words and
figures] (excluding GST)

Our Financial Proposal shall be binding upon us subject to the modifications resulting from arithmetic correction, if
any, up to expiration of the validity period of the Proposal, i.e. [date].

We undertake that, in competing for (and, if the award is made to us, in executing) the above assignment, we will
strictly observe the laws against fraud and corruption in force in India namely ―Prevention of Corruption Act 1988.

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

Yours
sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:

Name of Firm:

Address:

Page 35 of 51
REQUEST FOR PROPOSAL (RfP) FOR HIRING OF AN AGENCY FOR PROVIDING
CONSULTANCY SERVICES FOR INTELLECTUAL PROPERTY FINANCING

Form 4B: Summary of Costs

A. Lump-sum Cost

Item Amount in words Amount in

figures
Cost of Financial Proposal
(including all other taxes)
Goods and Services Tax
(GST)
Total cost of Financial
Proposal (including GST)

Goods and Services Tax (GST) would be payable at the applicable rates as may be in force from time to
time.
*The payment shall be made based on payment terms in Clause 6.6
#This value shall be considered for the purpose of commercial evaluation. Accordingly, bidders to note the
same and submit the commercial proposal as per the format only.

For Financial Evaluation, the total fee for the period will be considered. This Fixed Annual Fee will cover
costs/expenses of the Selected Agency for undertaking work as detailed in the Scope of Work. This financial proposal
covers remuneration for all the Personnel (Expatriate and Resident, in the field, office etc.), equipment, surveys,
overhead charges viz. travelling, boarding, and lodging and out of pocket expenses. GST (and other applicable taxes
and levies) would be payable at the applicable rates as may be in force from time to time.

Authorized Signature [In full and initials]:

Name and Title of Signatory:

Name of Firm:
Address:

Page 36 of 51
Section 5. Terms of Reference

5.1. Scope of Work (Overview)

The project will deliver the following outputs:

5.1.1. Research Work

a. The research work would involve collecting, organizing, processing, and analyzing quantitative data and qualitative
information including laws/regulations and policies to support IP financing in India as well as IP financing models
being implemented by countries like Singapore, South Korea, Malaysia, Japan, Thailand, Canada, and United Kingdom
through:

(i) Conducting desk research or other information gathering work from publications, information available through
public domain, studies including WIPO/OECD reports, court cases, value of intangibles in Standard and Poor’s
500 companies and related India’s story, etc.

(ii) Compiling statistical information available through the public domain, the internet, or other databases.

(iii) Preparing a survey for IP stakeholders including financial institutions to understand challenges and opportunities
of IP backed financing in the India and selected countries.

(iv) Conducting online surveys of IP stakeholders including financial institutions.

(v) Preparing a questionnaire for interviews and conducting online interviews of IP stakeholders including financial
institutions, MSMEs, startups and/or other representatives from related organizations/bodies.

(vi) Processing and analyzing all collected information.

The research work will allow obtaining necessary inputs to identify and analyze the overall status of IP financing
infrastructure in the country, the IP financing models, and practices being successfully implemented in major IP
economies. The survey will also be undertaken to find out the challenges and obstacles affecting the implementation
of IP financing in India.

5.1.2. Workshop

Conducting a two-day workshop which will allow participants to share the status of IP financing infrastructure in the
country and to strengthen the understanding of the key success factors in unlocking the potential of the IP financing
system. The workshop also will provide an opportunity for the participants to share common issues that impede IP
financing, seek solutions to overcome the difficulties and find answers together.

This workshop will provide the participants with the essential understanding of IP financing – what kinds of IP rights
can be the object of IP financing, how financial authorities evaluate and analyze the value of IP, what are the required
documents in applying for IP financing, and how to create the laws and regulations for IP financing.

Parts of the research results will be shared at the workshop during a presentation at the plenary session. Participants
will have an opportunity to discuss the research results, give their valuable insights and feedback, in order to make the
report more comprehensive and arriving at possible interventions that facilitate and strengthen IP backed financing
in the country. The results from the workshop discussions will be included in the final report.

Activities to achieve the output will include:

a. Organizing the two-day workshop (overall coordination, logistics, mailing possible attendees, invitation to
panelists, survey for measuring results, agenda and sessions methodology, others).

b. Sending the workshop invite along-with the agenda (two months before the workshop).

c. Conducting the workshop according to the plan.

d. Preparing a document with the activity results.

Page 37 of 51
5.1.2.1. Tentative Workshop Agenda:
Day 1

Session 1: Identifying the current IP financing infrastructure in the country

Tentative list of discussion areas:

i. Research results(parts) regarding the current IP financing infrastructure

ii. Objects of IP financing and IPRs

iii. Statistics related to IP applications and IP financing

iv. Laws and regulations related to IP financing

v. Government policies, if any, supporting IP financing

Session 2: Understanding IP financing models and practices implemented in other nations

Tentative list of discussion areas:

i. IP financing models implemented successfully in other countries

ii. Case studies of IP financing models

Day 2

Session 3: Investigating challenges and solutions in implementing IP financing

Tentative list of discussion areas:

i. Issues and challenges in implementing IP financing in other countries

ii. Case studies of successful policy measures to overcome the challenges

Session 4: Deepening the understanding of the key success factors in implementing the IP financing system

Tentative list of discussion areas:

i. Best practices of IP financing

ii. Best government policies to support IP financing

Session 5: Development of action plans

Tentative list of discussion areas:

i. Developing unique strategies to implement an action plan with necessary stakeholders

ii. Overview of reports from each economy and best practices

Participants:

Tentative list of participants include:

i. Government officials from lined ministries i.e., DPIIT, D/o Financial Services, D/o Economic Affairs, M/o
Corporate Affairs, MSME, DST, DBT, DoP, NITI Aayog, O/o CGPDTM and other related
Ministries/Departments/Oragnisations.

ii. Representatives from financial institutions – public as well as private.

iii. Representatives from the insurance sector- IRDAI, LIC, private players.

iv. Financial services and IP experts from leading consultancy firms in the country.

v. Representative of renowned law firms having expertise in IPR related matters.

Page 38 of 51
 vi. Industry representations including MSMEs & startups.

vii. Representatives from Market regulators: RBI, SEBI.

viii. Research team.

To achieve efficient results, all participants of the workshop are required to have a basic knowledge of intellectual
property rights and the financing system.

5.1.3. Final Report

The final report will present the results of the research conducted in laws/regulations and policies, IP financing
models and best practices, survey results, and workshop materials. The final draft will be submitted first to DPIIT
for review and approval in approx. 8-9 months. The report along-with supporting documents will then be finalized
and submitted to DPIIT in 10 months after soliciting feedback and further discussion.

5.1.3.1. Tentative Structure of Final Report:

Chapter No. Title Subjects

• Statistics related to IP application and registration

Current IP financing
Chapter 1 infrastructure in the • Utilization of IP financing and the volume of IP financing in the
country country
• Legal frameworks and government policies supporting IP
Laws governing IP financing
Chapter 2 financing in the country
• Accounting standards determining valuation of IPs
• Types of IP financing techniques

Chapter 3 IP financing models and • IP financing models implemented in major IP economies

practices
• Case studies of IP financing models
• Difficulties and problems in introducing IP financing
Challenges and solutions
in implementing IP • Issues and challenges in implementing IP financing
Chapter 4 financing
• Case studies of successful policy measures to overcome the
challenges
Key success factors and • Best practices in IP financing
international best
Chapter 5 practices • Best government policies to support IP financing
• Policy recommendations based on best practices relevant to India.
Unlocking the value of
Chapter 6 IP to access capital • Output-outcome monitoring parameters

5.1.3.2 Indicative timelines for the project:

Time Tasks Deliverables
T Sanction of work order for study. - Sanction order
T + 1 month Research work - Research materials
• Conduct desk research or other information gathering work for - Draft report
publications, information available through the Internet, studies, etc.

• Compile statistical information available through the

internet/databases.

• Process and analyze all information collected.

T + 2 months • Prepare a survey for IP stakeholders. - Surveys

Page 39 of 51
Time Tasks Deliverables
to • Conduct online surveys of IP stakeholders. - Questionnaire
T + 4 months • Prepare a questionnaire for interviews and conduct online interviews
of IP stakeholders.
T + 4 months Submission of the draft report on research work conducted. - Research work
report
T + 5 months • Prepare workshop - Draft report
to - Event attendance
T + 6 months • Venue finalization. list
- Invitation
• Logistics and overall coordination. - Data analysis
- Workshop agenda
• Prepare attendance list for the event.

• Send invites along-with the workshop agenda (two months before the
workshop).

• Compile/analyze submitted data and prepare workshop material.

• Session methodology.
T + 7 months • Hold workshop - Post-workshop
survey
• Organize the two-day workshop (overall coordination, logistics,
possible attendees mailing, invitation to panelists, survey for
measuring results, agenda and sessions methodology, others).

• Prepare documents with the activity results.

• Conduct on-spot surveys of participants on their understanding of

workshop and recommendations.
T + 8 months Draft the final report to be reviewed. - Drafted final
report
T + 10 months Submission of the final report along-with supporting documents to - Final report
DPIIT.

Page 40 of 51
 Section 6. Standard Form of Work Order

STANDARD FORM OF WORK ORDER FOR HIRING OF AN AGENCY FOR PROVIDING

CONSULTANCY SERVICES FOR INTELLECTUAL PROPERTY FINANCING

Between

[Name of client]

[Name of SELECTED AGENCY]

[Date]

Page 41 of 51
 REQUEST FOR PROPOSAL (RfP) FOR HIRING OF AN AGENCY FOR PROVIDING
CONSULTANCY SERVICES FOR INTELLECTUAL PROPERTY FINANCING
Form of work order

Work order to undertake [name of assignment]

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government
of India, Vanijya Bhawan, New Delhi-110001, India, hereinafter referred to as the ―Client which expression unless
repugnant to context or meaning thereof shall include its successors, affiliates and assigns) has:

a. requested the Selected Agency to provide certain services as defined in the General Conditions attached to
this work order (hereinafter called the―Services); and

b. The Selected Agency, having represented to the Client that they have the required professional skills,
personnel, and technical resources, have agreed to provide the services on the terms and conditions set
forth in this assignment.

NOW THEREFORE the Client hereto hereby agrees as follows:

1. The following documents attached hereto shall be deemed to form an integral part of this work order:

Appendix A: Terms of reference containing, inter-alia, the Description of the Services and reporting
requirements,

Appendix B: Cost Estimate

Appendix C: Copy of Bank Guarantee for Performance Security [in the format given in Annexure A]

2. The mutual rights and obligations of the Client and the Selected Agency shall be as set forth in the work
order; in particular:
(a) The Selected Agency shall carry out the Services in accordance with the provisions of the work
order; and
(b) Client will make payments to the Selected Agency in accordance with the provisions of the work
order.

6.1 Commencement, completion, modification, and termination of work order

6.1.1 Effectiveness of work order: This work order shall be effective from the date of issue by the client or date of
receipt of the work order by the Selected Agency.

6.1.2 Commencement of Services: The Selected Agency shall commence the Services from the date of issue by the
client or date of receipt of the work order by the Selected Agency (i.e. may not require to be notified by the
client again).

6.1.3 Expiration of work order: Unless terminated earlier pursuant to relevant clauses in this work order hereof,
this work order shall expire when Services have been completed and all payments have been made at the end
of such time period after the Effective Date.

6.1.4 Modification: Modification of the terms and conditions of this work order, including any modification of the
scope of the Services or of the work order Price, may only be made by written agreement between the Parties.

6.1.5 Force Majeure: Neither party will be liable in respect of failure to fulfil its obligations, if the said failure is
entirely due to Acts of God, Governmental restrictions or instructions, natural calamities or catastrophe,
epidemics, or disturbances in the country. Force Majeure shall not include (i) any event which is caused by
the negligence or intentional action of a Party or by or of such Party’s agents or employees, nor (ii) any event
which a diligent Party could reasonably have been expected both to take into account at the time of being

Page 42 of 51
 assigned the work and avoid or overcome with utmost persistent effort in the carrying out of its obligations
hereunder.

A Party affected by an event of Force Majeure shall immediately notify the other Party of such event,
providing sufficient and satisfactory evidence of the nature and cause of such event, and shall similarly give
written notice of the restoration of normal conditions as soon as possible.

6.1.6 No Breach of work order: The failure of a party to fulfil any of its obligations under the work order shall not
be considered to be a breach of, or default under this work order insofar as such inability arises from an event
of Force Majeure, provided that the Party affected by such an event:

(a) has taken all precautions, due care, and reasonable alternative measures to carry out the
terms and conditions of this work order, and

(b) has informed the other party as soon as possible about the occurrence of such an event.

(c) the dates of commencement and estimated cessation of such event of Force Majeure; and

(d) the way the Force Majeure event(s) affects the Party’s obligation(s) under the work order.

6.1.7 Neither Party shall be able to suspend nor excuse the non- performance of its obligations hereunder unless
such Party has given the notice specified above.

6.1.8 Extension of Time: Any period within which a Party shall, pursuant to this work order, complete any action
or task, shall be extended for a period equal to the time during which such Party was unable to perform such
action as a result of Force Majeure.

6.1.9 Payments: During the period of their inability to perform the Services as a result of an event of Force Majeure,
the Selected Agency shall be entitled to continue to be paid under the terms of this work order, as well as to
be reimbursed for additional costs reasonably and necessarily incurred by them during such period for the
purposes of the services and in reactivating the services after the end of such period.

6.2 Termination

6.2.1 Any side (Client or the Selected Agency) should be able to give notice of 3 months for the termination of
Project. If the Selected Agency decides to terminate the project, then the client will forfeit the Performance
Guarantee.

6.2.2 By the client: The Client may terminate this work order, written notice of termination to the Selected Agency
to be given after the occurrence of any of the events specified in this clause:

(a) if the Selected Agency does not remedy a failure in the performance of their obligations under the work
order, within a period of seven (7) days, after being notified or within such further period as the Client
may have subsequently approved in writing.

(b) within fifteen (15) days if the Selected Agency becomes insolvent or bankrupt.

(c) if, as the result of Force Majeure, the Selected Agency is unable to perform a material portion of the
Services for a period of not less than fifteen (15) days.

(d) within fifteen (15) days, if the Selected Agency fails to comply with any final decision reached because
of arbitration proceedings pursuant to relevant clauses hereof.

(e) within seven (7) days, if the Selected Agency submits to the Client a false statement which has a material
effect on the rights, obligations, or interests of the Client. If the Selected Agency places itself in position
of conflict of interest or fails to disclose promptly any conflict of interest to the Client.

(f) within seven (7) days, if the Selected Agency, in the judgment of the Client has engaged in Corrupt or
Fraudulent Practices in competing for or in executing the work order.

Page 43 of 51
 (g) if the Client, in its sole discretion and for any reason whatsoever, within a period of fifteen (15) days‗
decides to terminate this work order.

6.2.3 Payment upon termination: Upon termination of this work order, the Client will make the following
payments to the Agency:

(a) Remuneration pursuant to relevant clauses for Services satisfactorily performed prior to the effective
date of termination.

(b) If the work order is terminated pursuant to Clause 3.2.2 a), b), d), e) or f), the Selected Agency shall
not be entitled to receive any agreed payments upon termination of the work order. However, the
Client may consider making payment for the part satisfactorily performed based on the quantum merit
as assessed by it, in its sole discretion, if such part is of economic utility to the Client. Under such
circumstances, upon termination, the Client may also impose liquidated damages as per the provisions
of relevant clauses of this work order. The Selected Agency will be required to pay any such liquidated
damages to Client within 30 days of termination date.

6.2.4 Disputes about Events of Termination: If either Party disputes Termination of the work order under relevant
clauses hereof, such Party may, within forty-five (45) days after receipt of notice of termination from the
other Party, refer the matter to arbitration under relevant clauses hereof, and this work order shall not be
terminated on account of such event except in accordance with the terms of any resulting arbitral award.

6.3 Intellectual Property

6.3.1 Commission to own intellectual property created: All rights to any intellectual property conceived or
produced by the Agency for the Client in the course of performing the Consultancy Services and all
information (including information that is in electronic form), working papers, reports or other papers
collected or produced by the Agency for the purpose of providing the Consultancy Services are the property
of the Client from the date that property is created or developed and the Agency waives in favour of the Client
any moral rights that the Agency may have.

6.3.2 Existing intellectual property: Despite anything to the contrary contained in this Agreement, it is understood
and agreed that the Agency shall retain all of its rights in its proprietary information including, without
limitation, its methodologies and methods of analysis, ideas, concepts, expressions, know how, methods,
techniques, skills, knowledge and experience possessed by the Agency prior to, or acquired by the Agency
during, the performance of this Agreement and the Consultant will not be restricted in any way with respect
to the same.

6.3.3 On termination or completion: Not more than five (5) Business Days following the date of termination of
this Agreement (for whatever reason) or completion of Services, the Agency will deliver to the Client all
information (including information that is in electronic form), Confidential Information, intellectual property,
working papers, reports or other papers that are the property of the Client.

6.4 Obligations of the Selected Agency

6.4.1 General: The Selected Agency shall perform the Services and carry out their obligations hereunder with all
due diligence, efficiency and economy, in accordance with generally accepted professional techniques and
practices, and shall observe sound management practices, and employ appropriate advanced technology and
safe methods. The Selected Agency shall always act, in respect of any matter relating to this work order or to
the services, as faithful advisers to the Client, and shall at all times support and safeguard the client’s legitimate
interests in any dealings with Sub- agencies or third parties.

6.4.2 Conflict of interest

Prohibition of Conflicting Activities: Neither the Selected Agency nor their Sub-consultants nor the Personnel
shall engage, either directly or indirectly, in any of the following activities:

Page 44 of 51
 (a) during the term of this work order, any business or professional activities which would conflict with
the activities assigned to them under this work order; and

(b) after the termination of this Contact, such other activities as may be specified in the SC.

6.4.3 Confidentiality: The Selected Agency, their Sub-consultants, and the Personnel of either of them shall not,
either during the term or after the expiration of this work order, disclose any proprietary or confidential
information relating to the Project, the Services, this Contact or the Client’s business or operations without
the prior written consent of the Client.

6.4.4 Documents Prepared by the Selected Agency to be the Property of the Client: All designs, reports, other
documents and software submitted by the Selected Agency pursuant to this work order shall become and
remain the property of the Client, and the Selected Agency shall, not later than upon termination or expiration
of this work order, deliver all such documents and software to the Client, together with a detailed inventory
thereof. The Selected Agency may retain a copy of such documents and software. Restrictions about the future
use of these documents and software, if any, shall be specified in the SC.

6.4.5 Liability of the Selected Agency: Subject to additional provisions, if any, in this work order the Selected Agency’s
liability under this work order shall be as provided by the Applicable Law.

6.4.6 Professional Liability Insurance: Selected Agency will maintain at its expense, Professional Liability Insurance
including coverage for errors and omissions caused by Selected Agency’s negligence, breach in the
performance of its duties under this work order from an Insurance Company permitted to offer such policies
in India, for a period of one year beyond completion of Services commencing from the Effective Date, (i) For
an amount not exceeding one time the total payments for Professional Fees made or expected to be made to
the Selected Agency hereunder or (ii) the proceeds, the Selected Agency may be entitled to receive from any
insurance maintained by the Selected Agency to cover such a liability, whichever of (i) or (ii) is higher with a
minimum coverage of [insert amount and currency].

6.5 Obligations of the client

6.5.1 Assistance and Exemptions: The Client will use its best efforts to ensure that the Government will
provide the Selected Agency with work permits and such other documents as necessary to enable
the Selected Agency to perform the Services:

3.5.1.1 issue to officials, agents, and representatives of the Government all such
instructions as may be necessary or appropriate for the prompt and effective
implementation of the services.

6.6 Payments to the Selected Agency

Payment
Timeline (% of total
Tasks Deliverables (Indicative) payment)
Research work 1) Research materials T + 1 month 10%
• Conduct desk research or other information 2) Draft report
gathering work from publications, information
available through the Internet, studies, etc.
• Compile statistical information available through
the internet/databases.
• Process and analyze all information collected.
• Prepare a survey for IP of stakeholder. 1) Surveys T + 2 months 15%
• Conduct online surveys of IP stakeholders. 2) Questionnaire to
• Prepare a questionnaire for interviews and T + 4 months
conduct online interviews of IP stakeholders.
Submission of the draft report on research work 1) Research work T + 4 months 15%
done. report
Prepare workshop 1) Draft report T + 5 months 10%
• Venue finalization. 2) Event attendance to

Page 45 of 51
 • Logistics and overall coordination. list T + 6 months
• Prepare event attendance list. 3) Invitation
• Send invite along-with the workshop agenda 4) Data analysis
(two months before the workshop). 5) Workshop agenda
• Compile/analyze submitted data and prepare
workshop materials.
• Session methodology.
Hold workshop 1) Post-workshop T + 7 months 15%
• Organize the two-day workshop (overall survey
coordination, logistics, possible attendees
mailing, invitation to panelists, survey for
measuring results, agenda and sessions
methodology, others).
• Prepare documents with the activity results.
• Conduct on-spot surveys of participants on their
understanding of workshop and
recommendations.
Draft the final report to review. 1) Drafted final T + 8 months 15%
report
Submission of the final report along-with supporting 1) Final report T + 10 months 20%
documents to DPIIT.
*T = Date of sanction of the work order

6.6.1 Advance payment will not be made under any circumstances.

6.6.2 The scope of work provided under this contract is not exhaustive by any means.

6.6.3 The Organization will submit invoices in triplicate, complete in all respects, after the successful completion of
every milestone/month.

6.6.4 Deliverables to be mutually decided between DPIIT and the Agency during contract signing phase.

6.6.5 The component of Goods and Services Tax shall be paid as applicable and as per actuals. Also, TDS will be
deducted as per the provisions of the Income Tax Act as applicable.

6.6.6 For facilitating electronic transfer of funds, the selected organization will be required to indicate the name of the
bank and branch, account number (i.e. bank names, IFSC Code and Bank A/c No.) and forward a cheque leaf duly
cancelled in order to verify the details furnished. Every invoice, submitted for payments by the selected organization,
shall provide these details.

6.6.7 The rates provided hereunder shall remain the same for the entire duration of the contract.

6.6.8 DPIIT shall not bear license/ procurement cost for any software/ tools required for services.

6.6.9 Currency: The price is payable in local currency i.e. Indian Rupees.

6.6.10 Payment for Additional Services: For determining the remuneration due for additional services as may be agreed
under relevant clauses for modification in this work order.

6.7 Settlement of disputes

6.7.1 Amicable Settlement: The Parties shall use their best efforts to settle amicably all disputes arising out of or
in connection with this work order or its interpretation.

6.7.2 Disputes Settlement: Any dispute between the Parties as to matters arising out of and relating to this work
order that cannot be settled amicably within thirty (30) days after receipt by one Party of the other Party’s
request for such amicable settlement may be submitted by either Party for settlement in accordance with the
provision specified in the SC or all disputes shall be finally settled by Secretary DPIIT.

6.7.3 Any grievance regarding penalty shall be first decided/resolved at JS level and with final decision of Secretary
DPIIT, whose decision shall be final.

Page 46 of 51
 6.8 Responsibility for accuracy of project documents

6.8.1 General

The Selected Agency shall be responsible for accuracy of the estimate and all other details prepared by him
as part of these services. He shall indemnify the client against any inaccuracy in the work, which might surface
during implementation of the project.

6.9 Liquidated damages

6.9.1 If the Selected Agency fails to complete the Assignment, within the period specified under the work order,
the Performance Guarantee is liable to be forfeited in full or part in case of underperformance and undue
delays in performance by the Selected Agency, besides other action, including blacklisting of the Selected
Agency as may be deemed fit by the Client. In case of part forfeiture of Performance Guarantee and if the
Selected Agency proceeds to complete the assignment; the Performance Guarantee will need to be buffered
and restored to the original value.

6.10 Miscellaneous

6.10.1 Assignment and Charges

i. The work order shall not be assigned by the Selected Agency save and except with prior consent in writing
of the Client, which the Client will be entitled to decline without assigning any reason whatsoever.

ii. The Client is entitled to assign any rights, interests, and obligations under this work order to third parties.

iii. Indemnity: The Selected Agency agrees to indemnify and hold harmless the Client from and against any and
all claims, actions, proceedings, lawsuits, demands, losses, liabilities, damages, fines or expenses (including
interest, penalties, attorneys‗ fees and other costs of defence or investigation (i) related to or arising out of,
whether directly or indirectly, (a) the breach by the Selected Agency of any obligations specified in relevant
clauses hereof; (b) the alleged negligent, reckless or otherwise wrongful act or omission of the Selected
Agency including professional negligence or misconduct of any nature whatsoever in relation to Services
rendered to the Client; (c) any Services related to or rendered pursuant to the work order
(collectively―Indemnified matter). As soon as reasonably practicable after the receipt by the Client of a
notice of the commencement of any action by a third party, the Client will notify the Selected Agency of the
commencement thereof; provided, however, that the omission so to notify shall not relieve the Selected
Agency from any liability which it may have to the Client or the third party. The obligations to indemnify
and hold harmless, or to contribute, with respect to losses, claims, actions, damages and liabilities relating to
the Indemnified Matter shall survive until all claims for indemnification and/or contribution asserted shall
survive and until their final resolution thereof. The foregoing provisions are in addition to any rights which
the Client may have at common law, in equity or otherwise.

iv. Notices: Unless otherwise stated, notices to be given under the work order including but not limited to a
notice of waiver of any term, breach of any term of the work order and termination of the work order, shall
be in writing and shall be given by hand delivery, recognized international courier, mail, telex or facsimile
transmission and delivered or transmitted to the Parties at their respective addresses specified in the SC. The
notices shall be deemed to have been made or delivered (i) in the case of any communication made by letter,
when delivered by hand, by recognized international courier or by mail (registered, return receipt requested)
at that address and (ii) in the case of any communication made by telex or facsimile, when transmitted
properly addressed to such telex number or facsimile number.

v. Severability: If for any reason whatever any provision of the work order is or becomes invalid, illegal or
unenforceable or is declared by any court of competent jurisdiction or any other instrumentality to be invalid,
illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not be affected
in any manner, and the Parties will negotiate in good faith with a view to agreeing upon one or more
provisions which may be substituted for such invalid, unenforceable or illegal provisions, as nearly as is

Page 47 of 51
 practicable. Provided failure to agree upon any such provisions shall not be subject to dispute resolution
under the Work order or otherwise.

vi. Professional Liability Insurance: Selected Agency will maintain at its expense, Professional Liability Insurance
including coverage for errors and omissions caused by the Selected Agency‘s negligence, breach in the
performance of its duties under this work order from an Insurance Company permitted to offer such policies
in India, for a period of one year beyond completion of Services commencing from the Effective Date, (i)
For an amount not exceeding one time the total payments for Professional Fees made or expected to be
made to the Selected Agency hereunder or (ii) the proceeds, the Selected Agency may be entitled to receive
from any insurance maintained by the Selected Agency to cover such a liability, whichever of (i) or (ii) is
higher with a minimum coverage of [insert amount and currency].

vii. Performance Guarantee

viii. The Agency shall prior to the Effective Date and as a condition precedent to its entitlement to payment
under this Work order, provide to the Client a legal, valid and enforceable Performance Security in the form
of an unconditional and irrevocable bank guarantee as security for the performance by the Agency of its
obligations under this work order, in the form set out in this work order, in an amount equal 3 (Three)
percent of the total cost of Financial Proposal under this Assignment. Further, in the event the term of this
work order is extended, the Agency shall at least fifteen (15) days prior to the commencement of every
Subsequent Year or at least thirty (30) days prior to the date of expiry of the then existing bank guarantee,
whichever is earlier, provide an unconditional and irrevocable bank guarantee as Performance Security for
an amount equivalent to 3 (Three) percent of the total cost of Financial Proposal under this Assignment.

ix. The Performance Security shall be obtained from a scheduled commercial Indian bank, in compliance with
Applicable Laws (including, in case the Agency is a non-resident, in compliance with applicable foreign
exchange laws and regulations).

x. The Performance Security shall be extended accordingly such that the Performance Security remains valid
until the expiry of a period of 60 (Sixty) Days from the date of completion of the assignment. If the Client
shall not have received an extended/ replacement Performance Security in accordance with this clause at
least thirty (30) days prior to the date of expiry of the then existing Performance Security, the Client shall be
entitled to draw the full amount of the bank guarantee then available for drawing and retain the same by way
of security for the performance by the Selected Agency of its obligations under this work order until such
time as the Client shall receive such an extended/ replacement Performance Security whereupon, subject to
the terms of this work order, the Client will refund to the Selected Agency the full amount of the bank
guarantee, unless the Client has drawn upon the Performance Security in accordance with the provisions of
this work order, in which case only the balance amount remaining will be returned to the Selected Agency;
provided that the Client will not be liable to pay any interest on such balance. The Client will return the bank
guarantee provided as Performance Security to the issuer thereof for cancellation promptly upon receipt of
any extension/ replacement thereof. Subject to satisfactory completion of all deliverables under this work
order, the Performance Security will, subject to any drawdowns by the Client in accordance with the
provisions hereof, be released by the Client within a period of 60 (Sixty) Days from the date of completion
of the services.

xi. Penalty: The Selected Agency must provide services as per the requirements of the RFP. In case the services
rendered are not as per the requirement of the Department, the Selected Agency will have to come up with
a solution within a given timeframe failing which 10% will be deducted from the project cost. The other
form of penalty not mentioned in the RFP will be decided by the appropriate authority on case-to-case basis.

xii. Any dispute regarding penalty shall be handled as per dispute settlement provision.

xiii. The Client shall have the right to claim under the Performance Security and appropriate the proceeds if any
of the following occur:

a. the Agency becomes liable to pay penalty.

b. occurrence of any of the events listed in sub-clauses (a) through (f) of Clause 3.2.2.

Page 48 of 51
c. any material breach of the terms hereof; and/or
d. without prejudice to paragraph above, the Agency fails to extend the validity of the Performance
Security or provide a replacement Performance Security in accordance with the provisions of this
work order.
e. Non-compliance of mutually agreed timelines/time plan
f. For any reasons the project is not completed owing to the faulty delivery/ non-cooperation/ non
deliverance by the Selected Agency
g. For any reason Contract is terminated by Selected Agency

*All conditions of RFP shall be integral part of this work order.

Page 49 of 51
 REQUEST FOR PROPOSAL (RfP) FOR HIRING OF AN AGENCY FOR PROVIDING
CONSULTANCY SERVICES FOR INTELLECTUAL PROPERTY FINANCING
Annexure A: Form of Bank Guarantee for Performance Security

(To be stamped in accordance with Stamp Act if any, of the country for issuing bank) Ref.: Bank Guarantee:

Date:

Sir,

In consideration of Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry,
Government of India (hereinafter referred as the Client, which expression shall, unless repugnant to the context of
meaning thereof include its successors, administrators and assigns) having awarded to M/s [name of Selected Agency]
a [type of company], established under laws of [country] and having its registered office at [address] (hereinafter
referred to as the Selected Agency which expression shall unless repugnant to the context or meaning thereof, include
its successors, administrators, executors and permitted assigns), an Assignment for preparation of [name of
assignment] work order by issue of Client’s work order letter of Award No. [reference] dated [date] and the same
having been unequivocally accepted by the Selected Agency, resulting in a work order valued at Rs. [amount in figures
and words] for (Scope of Work) (hereinafter called the ‘work order’) and the Selected Agency having agreed to furnish
a Bank Guarantee amounting to Rs. [amount in figures and words] to the Client for performance of the said
Agreement.

We [Name of Bank] incorporated under [law and country] having its Head Office at [address](hereinafter referred to
as the Bank), which expression shall, unless repugnant to the context or meaning thereof, include its successors,
administrators executors and assigns) do hereby guarantee and undertake to pay the Client immediately on demand
an or, all monies payable by the Selected Agency to the extent of Rs. [amount in figure and words] as aforesaid at any
time up to [date] without any demur, reservation, contest, recourse, or protest and/ or without any reference to the
Selected Agency. Any such demand made by the Client on the Bank shall be conclusive and binding notwithstanding
any difference between the Client and the Selected Agency or any dispute pending before any Court, Tribunal,
Arbitrator, or any other authority.

We agree that the Guarantee herein contained shall be irrevocable and shall continue to be enforceable until the Client
discharges this guarantee.

The Client shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee,
from time to time to vary the advance or to extend the time for performance of the work order by the Selected Agency
nor shall the responsibility of the bank be affected by any variations in the terms and conditions of the work order or
other documents. The Client shall have the fullest liberty without affecting this guarantee, to postpone from time to
time the exercise of any powers vested in them or of any right which they might have against the Client and to exercise
the same at any time in any manner, and either to enforce or to forbear to enforce any covenants, contained or implied,
in the work order between the Client and the Selected Agency any other course or remedy or security available to the
client. The Bank shall not be relieved of its obligations under these presents by any exercise by the Client of its liberty
with reference to the matters aforesaid or any of them or by reason of any other act or forbearance or other acts of
omission or commission on the part of the Client or any other indulgence shown by the Client or by any other matter
or thing whatsoever which under law would but for this provision have the effect of relieving the Bank.

The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee against the Bank as a
principal debtor, in the first instance without proceeding against the Selected Agency and notwithstanding any security
or other guarantee that the client may have in relation to the Agency’s liabilities.

Page 50 of 51
This Guarantee shall be irrevocable and shall remain in full force and effect until discharge by the Bank of all its
obligations hereunder.

This Guarantee shall not be affected by any change in the constitution or winding up of the Selected Agency/the Bank
or any absorption, merger, or amalgamation of the Selected Agency/the bank with any other Person.

Notwithstanding anything contained herein above our liability under this guarantee is limited to Rs. [amount in figure
and words] and it shall remain in force up to and including [date] and shall extend from time to time for such period(s)
(not exceeding one year), as may be desired by [name of Selected Agency] on whose behalf this guarantee has been
given. Date this [date in words] day [month] of [year in ‗Yiyi‗ format] at [place].

WITNESS

1. [signature, name, and address]

2. [signature, name, and address]

[Official Address] Designation

[With Bank Stamp]

Attorney as Per Power of Attorney No.

Dated

The date will be fixed as indicated in S.C.C.

The stamp papers of appropriate value shall be purchased in the name of bank which issues the “Bank Guarantee”.
The bank guarantee shall be issued either bank.

(Nationalized/Scheduled) located in India or a foreign bank through a correspondent bank (scheduled) located in
India or directly by a foreign bank which has been determined in advance to be acceptable to the Client.

************************************************
Signature Not Verified
Digitally signed by Rajat Kumar Saini
Date: 2023.07.06 12:17:07
Page 51IST
of 51
Location: eProcure-EPROC