The Proposal with all accompanying documents and all communications in relation to or concerning the Competition shall be in English language and strictly on the forms provided in this IDC. No supporting document or printed literature shall be submitted with the Proposal unless specifically asked for and in case any of these Documents is in another language, it must be accompanied by an accurate translation of the relevant passages in English, in which case, for all purposes of interpretation of the Proposal, the translation in English shall prevail.
At any time prior to the deadline for submission of Registration/Proposal, IRSDC may, for any reason, whether at its own initiative or in response to clarifications requested by a Participant, modify the IDC document by the issuance of Addendum/ Amendment and posting it on the designated website of IRSDC.
Proposals should be submitted online in the prescribed format. No other mode of submission is accepted.
Proposal shall be signed by the Authorized Signatory of the Applicant and submitted "on-line" through email. No hard copy of the documents (except those specifically asked for in the IDC document) is required to be submitted.
The Participant may modify, substitute, or withdraw its Proposal after submission, provided that written notice of the modification, substitution, or withdrawal is received by IRSDC prior to due dates of submission at the designated tender email id. No Proposal shall be modified, substituted, or withdrawn by the Participant on or after the last date for registration..
Any alteration / modification in the Proposal or additional information or material supplied subsequent to the last date for registration, unless the same has been expressly sought for by IRSDC, shall be disregarded.
Proposals for which a notice of withdrawal has been submitted at the designated tender email id shall not be evaluated.
IRSDC shall download the proposals for registration for the purposes of evaluation.
All participant(s) must register as per the process mentioned in Clause 2.1 and team members have to accept to be part of the team on the IDC Registration Formats (Refer relevant Annexures).
It is incumbent for both Students and Consultant categories to successfully register to participate in Stage-1.
After the last date of submission for Stage-1 and Stage-2, respectively, no changes/ revisions would be permitted in the schemes.
Registration for Stage-1 and Stage-2 would be common and there would be no separate registration for Stage-2. Entries which qualify for Stage-2 will automatically move to a closed group contest.
For the Category-1-Consultants, Participant has to meet the Eligibility Criteria to successfully register and get an UID for submission and evaluation of Proposal under Stage-1 submissions.
At the end of Stage-1 all Consultant teams will be intimated about their selection/ rejection for Stage-2 competition through confidential emails. All Participants shall maintain complete anonymity and confidentiality till the announcement of final results after Stage-2.
The Participant(s) represent(s) and warrant(s) that he/she will comply with all applicable Indian laws. The Participant(s) shall not disclose and/ or use any information, if doing so is in violation of an obligation of antitrust law and/ or confidentiality.
IRSDC reserves the right to reject any Proposal based on its discretion. By registering for participation in the Competition the Participant(s) warrant that:
they have complied with these Entry conditions;
their entry is original;
their entry does not infringe any Intellectual Property Rights of any third party;
any current employer and/or learning institution which the participant is employed by or enrolled with would have no claim on the entry developed and submitted.
If the Participants are acting within the scope of their employment, as an employee, contractor, or agent of another party, then the Participants warrant that such party has full knowledge of the actions of the Participants (including team members) and has consented thereto, including the potential receipt of a prize. The Participants further warrant that their actions do not violate the employer’s or company’s policies and procedures.
The Participants will not upload viruses or other malicious code.
The Participants will not use this contest to do anything unlawful, misleading, malicious, or discriminatory.
Participants must not provide any false information in the registration process. Participants must keep their contact information accurate and up-to-date.
Any changes to the rules, or cancellation of the competition, will be publicly notified as per IRSDC policies. It is the responsibility of the Participants to keep themselves informed as to any changes to the rules.
Entries must be submitted before each Closing Date and in the manner set out in the Competition Terms. Failure to do so will result in disqualification.
IRSDC accepts no responsibility for any damage, loss or injury of any kind suffered by any Participant in entering the Competition, including as a result of any participant winning or not winning any prize.
The IRSDC will not be held responsible if the Participants/teams are not able to upload their entries before the last date & time of submission for any reason whatsoever.
Conflict of Interest: A Participant shall not have a conflict of interest that may affect the Competition (the “Conflict of Interest”). Any Applicant found to have a Conflict of Interest shall be disqualified. In the event of disqualification, the IRSDC shall forfeit and appropriate the Bid Security as mutually agreed genuine pre-estimated compensation and damages payable to IRSDC for, inter alia, the time, cost and effort of IRSDC including consideration of such Applicant’s Proposal, without prejudice to any other right or remedy that may be available to IRSDC hereunder or otherwise.
A Participant shall be deemed to have a Conflict of Interest affecting the competition, if:
the Participant, its consortium member (the “Member”) or Associate (or any constituent thereof) and any other Applicant, its consortium member or Associate (or any constituent thereof) have common controlling shareholders or other ownership interest;
Provided that this disqualification shall not apply in cases where the direct or indirect shareholding or ownership interest of an Participant, its Member or Associate (or any shareholder thereof having a shareholding of more than 25% (Twenty five per cent) of the paid up and subscribed share capital of such Applicant, Member or Associate, as the case may be) in the other Applicant, its consortium member or Associate is less than 5 per cent of the subscribed and paid up equity share capital thereof; provided further that this disqualification shall not apply to any ownership by a bank, insurance company, pension fund or a public financial institution referred to in sub-section 72 of the Companies Act, 2013. For the purposes of this Clause2.3.3(a)indirect shareholding held through one or more intermediate persons shall be computed as follows: (aa) where any intermediary is controlled by a person through management control or otherwise, the entire shareholding held by such controlled intermediary in any other person (the “Subject Person”) shall be taken into account for computing the shareholding of such controlling person in the Subject Person; and (bb) subject always to sub-clause (aa) above, where a person does not exercise control over an intermediary, which has shareholding in the Subject Person, the computation of indirect shareholding of such person in the Subject Person shall be undertaken on a proportionate basis; provided, however, that no such shareholding shall be reckoned under this sub-clause (bb) if the shareholding of such person in the intermediary is less than 26% (twenty six per cent) of the subscribed and paid up equity shareholding of such intermediary; or
a constituent of such Participant is also a constituent of another Applicant; or
such Participant or its Associate receives or has received any direct or indirect subsidy or grant from any other Applicant or its Associate; or
such Participant has the same legal representative for purposes of this competition as any other Participant; or
such Participant has a relationship with another Participant, directly or through common third parties, that puts them in a position to have access to each other’s information about, or to influence the competition of either or each of the other Participant; or
there is a conflict among this and other consulting assignments of the Participant (including its personnel and Sub-consultant) and any subsidiaries or entities controlled by such Participant or having common controlling shareholders. The duties of the Consultant will depend on the circumstances of each case. While providing consultancy services to IRSDC for this particular assignment, the Consultant shall not take up any assignment that by its nature will result in conflict with the present assignment; or
a firm which has been engaged by IRSDC to provide goods or works or services for a project, and its Associates, will be disqualified from providing consulting services; conversely, a firm hired to provide consulting services for the preparation or implementation of a project, and its Members or Associates, will be disqualified from subsequently providing goods or works or services related to the same project; or
the Participant, its Member or Associate (or any constituent thereof), and the bidder or Concessionaire, if any, for the Project, its contractor(s) or sub-contractor(s) (or any constituent thereof) have common controlling shareholders or other ownership interest; provided that this disqualification shall not apply in cases where the direct or indirect shareholding or ownership interest of an Participant, its Member or Associate (or any shareholder thereof having a shareholding of more than 5% (five per cent) of the paid up and subscribed share capital of such Participant, Member or Associate, as the case may be,) in the bidder or Concessionaire, if any, or its contractor(s) or sub-contractor(s) is less than 5% (five per cent) of the paid up and subscribed share capital of such Concessionaire or its contractor(s) or sub-contractor(s); provided further that this disqualification shall not apply to ownership by a bank, insurance company, pension fund or a Public Financial Institution referred to in sub-section 72 of the Companies Act, 2013. For the purposes of this sub-clause (h), indirect shareholding shall be computed in accordance with the provisions of sub-clause (a) above.
For purposes of this IDC, Associate means, in relation to the Participant, a person who controls, is controlled by, or is under the common control with such Applicant (the “Associate”). As used in this definition, the expression “control” means, with respect to a person which is a company or corporation, the ownership, directly or indirectly, of more than 50% (fifty per cent) of the voting shares of such person, and with respect to a person which is not a company or corporation, the power to direct the management and policies of such person by operation of law or by contract.
A Participant eventually appointed to provide Consultancy for this Project, and its Associates, shall be disqualified from subsequently providing goods or works or services related to the construction and operation of the same Project and any breach of this obligation shall be construed as Conflict of Interest; provided that the restriction herein shall not apply after a period of 5 (five) years from the completion of this assignment or to consulting assignments granted by banks/ lenders at any time; provided further that this restriction shall not apply to consultancy/ advisory services performed for IRSDC in continuation of this Consultancy or to any subsequent consultancy/ advisory services performed for IRSDC in accordance with the rules of IRSDC. For the avoidance of doubt, an entity affiliated with the Consultant shall include a partner in the Consultant’s firm or a person who holds more than 5% (five per cent) of the subscribed and paid up share capital of the Consultant, as the case may be, and any Associate thereof.