EOI Legal Advisor 0903207
EOI Legal Advisor 0903207
EOI Legal Advisor 0903207
1447/1/4/Legal/NRDA/2016
Empanelment of Advocate/Law Firm for proving legal advisory services to NRDA
X
EOI NO. 1447/1/4/Legal/NRDA/2016
Empanelment of Advocate/Law Firm for proving legal advisory services to NRDA
Press Note
Important Information
S. No. Event Date Time & Venue
The city, spread over 237 Sq km, will be developed as a destination for
a catchment area comprising a population of over 1 crore (within
Chhattisgarh state) and shall have a resident base capped at 5.5 lakh.
The city is spread over 40 sectors (21 residential, 9 public /semi-public,
5 recreational, 2 industrial, 2 commercial and 1 transport).
VII The NRDA may in its absolute discretion, but without being
under any obligation to do so, update, amend or supplement the
information, assessment or assumption contained in the EOI.
VIII The issue of this EOI does not imply that the NRDA is bound to
empanel an Applicant or to appoint the eligible Applicant and
the NRDA reserves the right to reject all or any of the
Applications without assigning any reasons whatsoever.
IX The Applicant shall bear all its costs associated with or relating
to the preparation and submission of its Application including
but not limited to preparation, copying, postage, delivery fees,
expenses associated with any demonstrations or presentations
which may be required by the NRDA or any other costs incurred
in connection with or relating to its Application. All such costs
and expenses will remain with the Applicant and the NRDA
shall not be liable in any manner whatsoever for the same or
for any other costs or other expenses incurred by an Applicant
in preparation or submission of the Application, regardless of
the conduct or outcome of the Empanelment Process.
Expression of Interest
For
Empanelment of Advocate/Law Firm for proving legal advisory services to NRDA
1. INTRODUCTION
1.1. Assignment
Naya Raipur Development Authority "(“NRDA” or the “Authority”) intends to empanel
Advocate/Law Firm for Legal Advisory Services; providing legal opinion on matters related
to litigation, arbitration, PPP or non PPP agreements, vetting of legal documents/contract
etc. to NRDA (“the Assignment”) for the period of three years. However, on completion of
the term and on satisfactory performance of the Empanelled Advocate/Law Firm, the
empanelment may be renewed for a further period as the Authority may decide. The
Authority reserves the right to terminate the empanelment of any Advocate(s)/Law Firm(s)
at any time.
1.8. Communications
i. All communications, including the envelope and the Application, should contain the following
information, to be written at the top in bold letters:
2. ELIGIBILITY CRITERIA
i. The Applicant may be an individual Advocate registered with Bar Council or a company
registered under Companies Act, 2013 or a Partnership Firm registered under Partnership
Firm Act 1932 or Limited Liability Partnership Firm registered under Limited Liability Act,
2008 in India with license to practice law and provide legal advice in India;
ii. The Advocates/Law Firms should have minimum 5 (five) years of experience and should
have worked on and completed 3 assignments as legal advisor in any area of the below:
Company Law, Service Laws, Labour Laws, Taxation Laws, Public Premises
Eviction Laws and other Acts, Arbitration & Conciliation Act, PPP or Non PPP
contract management, litigation management;
Any Applicant may apply for any one or multiple areas mentioned above;
In case Applicant is applying for multiple areas, it shall fulfil the eligibility criteria for
each area as mentioned in this clause.
iii. Any entity which has been barred by the Central / State Government in India, or any entity
controlled by them, from participating in any project, and the bar subsists as on the date
of Application, would not be eligible to submit the Application.
iv. An Applicant should have, during the last three years, neither failed to perform on any
agreement, 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 or agreement nor have had any agreement terminated for breach of
contract by such Applicant.
v. An applicant should not have any court cases/ arbitration cases/ or any other cases
pending against him/her.
The EOI document can purchased directly from NRDA during the working hours on working days or
can be downloaded from the web site www.nayaraipur.com and be used for submitting the
Application. In the event, the EOI document is downloaded from website it shall be accompanied
with a demand draft of INR 2000/- in favour of the CEO, Naya Raipur Development Authority, payable
on par, at Raipur. In the event the EOI document is purchased directly from NRDA, it shall be
accompanied with payment slip. The Application without the cost of the document will not be
considered for evaluation.
4. SUBMISSION OF APPLICATION
In addition to above mentioned supporting documents, the Applicant shall also submit the below documents:
5. EMPANELMENT PROCESS
The individual Advocate or Law Firm shall be empanelled after fulfilling the eligibility criteria
provided in clause 2. NRDA will consider the bio-data/profile of firm for empanelment only on
merit after due notice in this regard is published on the website of the NRDA. While considering
the request from the applicants, following points shall be considered:
(i) Length of practice/experience and specialization in the area of law concerning NRDA;
(ii) Length of practice/experience in the area of law concerning NRDA with Government
agencies/bodies/departments;
(iii) Annual income-tax return filed with the Tax Authorities;
(iv) Track record and integrity;
(v) If considered necessary, an enquiry in the respective Bar Council/ Bar Association about
the claims and conduct of the advocate to be empanelled can also be made, and
credentials verified;
(vi) If the advocate/firm is empanelled by other regulators/ organizations, opinion of those
organizations may be obtained;
(vii) Preference shall be given to Advocates/Law firms having key personnel with Post
Graduation Degree in law;
(viii) NRDA may empanel the Advocate/Law Firm in multiple areas of law concerning NRDA
after fulfilling the eligibility criteria for each area provided in clause 2.
The above list is illustrative and not exhaustive. The Competent Authority may also consider
any other factor relevant for empanelment. Empanelment doesn’t bound NRDA to assign work
to empanelled Advocates or Law Firms. NRDA shall assign the work as and when required and
as per the expertise of empanelled Advocate or Law Firm.
6. SCOPE OF SERVICES
The Authority shall avail services of the empanelled Legal Advisors as and when required and as per
their expertise. The brief of the services required is as below:
To provide opinion/ advice on various legal issues arising out of the functions of the Authority;
Provide legal advice for the implementation of ongoing and upcoming projects;
Legal Vetting of Contracts, Concessions, Agreements, Lease Deeds, MoUs, Partnership
Deeds, Notices, Letters, Petition reply etc.;
Review / Concur and support/draft other legal documents and services which NRDA may
require from time to time to carry out its operations;
Provide legal advice/ opinion on issues raised by NRDA relating to structuring of various PPP
and non PPP projects of NRDA;
Advice on matters ranging from litigation, regulatory review to execution and enforcement of
project contracts, work or goods or services related contracts;
Provide legal advice/ opinion on issues raised by NRDA relating to Act, Rules, Regulation of
various Indian and/ or state Act or any policy related issues as proposed by NRDA time to
time;
Provide any other legal assistance as may be directed by NRDA;
To prepare draft of various legal documents pertaining to the Authority to be submitted before
Courts Tribunal/Forums and other Authorities;
7. TERMS OF PAYMENT
i. The Advocate/Law Firm shall be empanelled after fulfilling the eligibility criteria provided at
clause 2 and The empanelled Advocate/Law Firm shall submit the legal opinion, documents
within 7 working days or as stipulated by Authority from the date of assigning of the work;
ii. The empanelled Advocate/Law Firm shall be paid a fixed fee of INR 10,000/- for every
opinion/advice/legal vetting of documents of any project/drafting of legal documents or any
other legal assistance availed by NRDA;
iii. No retainer fee shall be paid to any Advocate/law firm merely because such advocate/firm has
been empanelled.
Date:
To,
CEO
Naya Raipur Development Authority (NRDA),
Second Floor, Paryavas Bhawan,
North Block, Sector -19,
Naya Raipur - 492002 (C.G.)
Phone: (0771) – 2512500
E-mail: - ceo@nayaraipur.com
Sub: "Empanelment of Advocate/Law Firm for proving legal advisory services to NRDA”
Dear Sir,
1. With reference to your EOI document No. ___________ I/we, having examined the EOI
document and understood its contents, hereby submit my/our Application for the aforesaid
project. The Application is unconditional and unqualified.
2. All information provided in the Application and in the Annexures is true and correct and all
documents accompanying such Application are true copies of their respective originals.
3. This statement is made for the express purpose of qualifying as an Applicant of the aforesaid
Project.
4. I/ We shall make available to the Authority any additional information it may find necessary or
require to supplement or authenticate the Application.
5. I/ We acknowledge the right of the Authority to reject our Application without assigning any
reason or otherwise and hereby waive our right to challenge the same on any account
whatsoever.
6. We certify that in the last 3 (three) years, we have neither failed to perform on any contract, as
evidenced by imposition of a penalty or a judicial pronouncement or arbitration award, nor been
expelled from any project or contract nor have had any contract terminated for breach on our
part.
7. I/ We declare that:
a) I/ We have examined and have no reservations to the EOI document, including any Addendum
issued by the Authority;
b) I/ We do not have any conflict of interest in accordance with the EOI document
c) I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in
respect of any tender or request for proposal issued by or any agreement entered into with the
Authority or any other public sector enterprise or any government, Central or State; and
d) I/ We hereby certify that we have taken steps to ensure that in conformity with the provisions of
this EOI, no person acting for us or on our behalf has engaged or will engage in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice.
8. I/ We understand that you may cancel the Empanelment Process at any time and that you are
neither bound to accept any Application that you may receive nor to invite the Applicants to
apply for the Assignment, without incurring any liability to the Applicants.
9. I/ We declare that we/ are/ is not a Member of any other firm submitting an Application for the
Assignment.
10. I/ We certify that in regard to matters other than security and integrity of the country, we have
not been convicted by a Court of Law or indicted or adverse orders passed by a regulatory
authority which could cast a doubt on our ability to undertake the Project or which relates to a
grave offence that outrages the moral sense of the community.
11. I/ We further certify that in regard to matters relating to security and integrity of the country, we
have not been charge-sheeted by any agency of the Government or convicted by a Court of
Law for any offence committed by us or by any of our Associates.
12. I/ We further certify that no investigation by a regulatory authority is pending either against us
or against our Associates or against our CEO or any of our Directors.
13. I/ We undertake that in case due to any change in facts or circumstances during the
Empanelment Process, we are attracted by the provisions of disqualification in terms of the
guidelines referred to above, we shall intimate the Authority of the same immediately.
14. In the event of my/ our being declared as the Empanelled Applicant, I/We agree to enter into
an Agreement. We agree not to seek any changes in the aforesaid draft and agree to abide by
the same.
15. I/We have studied all the EOI Document carefully.
16. The power of attorney for signing of Application is as per format provided in the EOI enclosed.
17. I/we agree and undertake to abide by all the terms and conditions of the EOI document.
18. I/We agree and undertake to be liable for all the obligations of the Agreement.
In witness thereof, I/We submit this Application under and in accordance with the terms of the EOI
document.
Yours faithfully,
(Signature of the Authorised Signatory)
(Name and designation of the Authorised signatory)
Date:
Place:
2. Constitution of Firm
7. Contact Person
(Mobile No:
Email address: )
____________________________
Details of the work under taken, as required in Clause 2, the Eligibility Criteria
Note:
1. For above experience, the Advocate/Law Firm must submit a copy of the appointment letters
from the client organisations.
2. The above Experience shall not be considered for evaluation if certificate from client detailing
the name of assignment, nature of work, professional fees and date of start and completion of
service is not furnished by the Applicant.
3. In case of Private Client, the Advocate/Law Firm shall also submit the CA certificate attesting
the fee received against the services provided.
Know all men by these presents, We,________________ (name of the firm and address of the
registered office) do hereby irrevocably constitute, nominate, appoint and authorise Mr. / Ms(Name),
son/daughter/wife of and presently residing at ________________, who is presently employed with us
and holding the position of _______________ for " Empanelment of Advocate/Law Firm for
providing legal advisory Services to NRDA” as our true and lawful attorney (hereinafter referred to
as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary
or required in connection with or incidental to submission of our Application for the proposed or being
developed by Naya Raipur Development Authority (the “Authority”) including but not limited to signing
and submission of all Applications, Applications and other documents and writings, participate in
Applicants' and other conferences and providing information / responses to the Authority, representing
us in all matters before the Authority, signing and execution of all contracts including the Agreement
and undertakings consequent to acceptance of our Application, and generally dealing with the Authority
in all matters in connection with or relating to or arising out of our Application for the said Project and/or
upon award thereof to us and/or till the entering into of the Agreement with the Authority.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things
lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in
exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.
In witness whereof we, the above named principal have executed this power of attorney on this
_____day of _____, 20**.
For
Witnesses:
1.
2.
(Notarised)
(Accepted)
(Signature)
Note:
1. Also, wherever required, the Applicant should submit for verification the extract of the charter
documents and documents such as a resolution/power of attorney in favour of the Person
executing this Power of Attorney for the delegation of power hereunder on behalf of the
Applicant.
2. A certified copy of the appropriate resolution/ document conveying Client to the person
signing this Power of Attorney shall be enclosed in lieu of the Power of Attorney.
3. In case of partnership firm: name and address of principal office of the partnership firm to be
provided.
Declaration
I declare that all the information provided above is true to the best of my knowledge, I have never
been penalized by any Bar Council in any disciplinary proceedings. I also undertake to maintain
absolute secrecy about the work Assigned by the Authority.
Signature of Advocate
Name
Address (Office/Residence)
Mobile No.
Fax No.
E-mail: