REQUEST FOR PROPOSALS (RFP)nclinnovations.org/rfp/pdf/1sep2017.pdf · 2017. 8. 30. · 4. Drafting short listed invention disclosures into complete patent specifications ready for

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CSIR - NATIONAL CHEMICAL LABORATORY (Council of Scientific & Industrial Research)

Dr. Homi Bhabha Road, Pune 411 008

REQUEST FOR PROPOSALS (RFP)

HIRING OF INTELLECTUAL PROPERTY SERVICES (RFP/IPG/2017/01)

National Chemical laboratory (NCL), Pune, a constituent unit of Council of Scientific & Industrial

Research an Autonomous Organisation under the Ministry of Science & Technology, Govt. of

India is a premier R&D laboratory of international repute in the area of Chemical Sciences. It

invites applications from reputed and experienced Intellectual Property Service Provider

agencies having functional office in Pune in two parts containing Technical and Financial Bids.

For application documents & further details, please visit our website www.ncl-india.org or

www.nclinnovations.org. The applications completed in all respects should be submitted by 5 pm

of Monday 25th September 2017 at 100, NCL Innovation Park, Dr Homi Bhabha (Pashan) Road,

Pune – 411008.

The Director, NCL, Pune reserves the right to accept or reject any or all applications in full or part

hereof without assigning any reason whatsoever and his decision on all matters in this regard

shall be final & binding.

Head, IP Group

CSIR-NCL Pune

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NATIONAL CHEMICAL LABORATORY (Council of Scientific & Industrial Research)


INFORMATION FOR APPLICANTS


S. No Sections Page number

1. Application process and timelines 03

2. Guidelines and instructions for applicants 05

3. Scope of work 08

4. Proposed draft agreement with IP Services Provider 10

5. Criteria for qualification and short-listing of IP Service

Providers and indicative scoring sheet

20

6. Application form – Part A – General information 24

7. Application form – Part B – Technical Bid 28

8. Application form – Part C – Commercial/ Financial Bid 31

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1. APPLICATION PROCESS AND TIMELINES


Expected Dates Process

1st Sept 2017 (Fri) –

25th Sept 2017(Mon)

Invitation of Applications along with the Technical &

Commercial bid by the IP service providers.

11th Sept 2017 (Mon) Pre-bid clarification meeting (Compulsory for all

applicants/bidders to attend)

Time: 10.30 am

Venue: Conference Room, 900, NCL Innovation Park

25th Sept 2017 (Mon), 5

pm

Bid closes

28th Sept 2017(Thu) Technical bids shall be opened as per following details:

Time: 10.30 am

Venue: Conference Room, 900 NCL Innovation Park,

Pashan Road, Pune - 411008

28th Sept 2017 (Thu) –

27th Oct 2017 (Fri)

Evaluation of all applications, seeking of clarifications (if

required) & short-listing based on pre-defined and

announced criteria by the Consultancy Evaluation

Committee (CEC) based on the information provided by

the applicants in their technical bid.

31st Oct 2017 (Tue),

5pm

Declaration of technically qualified applicants shortlisted

by the Consultancy Evaluation Committee in Round 1.

Announcement via website www.nclinnovations.org/rfp

3rd Nov 2017 (Fri) Meeting with Round 1 shortlisted applicants. (Venue:

Conference Room, 900, NCL Innovation Park) Fixing of

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dates for meeting with inventor for patent drafting

exercise; Collecting of sample patent for patentability

assessment; Fixing of date for interview by CEC of

candidate Patent Associate who shall interact with NCL

inventors.

Time: 10 am-10.30 am

Any one day between

6th Nov 2017 (Mon) to

10th Nov 2017 (Fri)

Round of Interview of technically qualified applicants

shortlisted by the CEC.

24th Nov 2017 (Fri),

5pm

Last date of submission of draft patent and patentability

assessment

18th Dec 2017 (Mon),

5pm

Declaration of technically qualified applicants shortlisted

by the Consultancy Evaluation Committee based on the

round of interview.

21st December 2017,

5pm (Thu)

Announcement of Round 2 qualified applicants via website

www.nclinnovations.org/rfp

22nd Dec (Fri) Opening of the financial/commercial bids of only those

bidders who have been declared technically qualified by

the Consultancy Evaluation Committee as per above for

further evaluation and ranking and selecting the

successful bidder for placement of the consultancy

contract. Announcement of selected IP Service Provider

via website www.nclinnovations.org/rfp

Commercial bids shall be opened as per following details:

Time: 10.30 am

Venue: Conference Room, 900 NCL Innovation Park, Pashan

Road, Pune – 411008

26th Dec 2017(Tue) –

28th Dec 2017 (Thu)

Discussion, finalization and signing of the proposed draft

agreement with the IP Service Provider selected as per

above process

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2. GUIDELINES AND INSTRUCTIONS FOR APPLICANTS


Instructions: Firms/agencies may download RFP forms from www.ncl-india.org or www.nclinnovations.org. Details of the scope of work and draft agreement is enclosed in section 3 and 4 of this document. A pre-bid clarification meeting is planned as follows:

11th Sept 2017

(Mon) at 10.30 am

Pre-bid clarification meeting (Compulsory for all

applicants/bidders to attend)

Venue: Conference Room, 900, NCL Innovation

Park

It is mandatory for interested applicants to attend the pre-bid meeting. The pre-bid meeting will need to be attended by an authorized, qualified representative of the company with written documentation support. The application forms are in 3 parts: Part A – General information Part B – Technical Bid Part C – Commercial/ Financial Bid All parts of application forms are to be filled completely and provided in the format provided. Firms/ agencies may include annexures with suitable reference to them in the forms. The entire application form with all its parts should be submitted in original. Each page of the application document should be signed by the applicant with rubber stamp of the firm affixed on each page. The forms are to be submitted as follows: Form A and B are to be included in one sealed envelope (say, envelope 1) superscripted with the company name and "Technical bid". Form C is to be included in a separate sealed envelope (say,

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envelope 2) superscripted with the company name and "Financial bid". Both envelope 1 and 2 are to be enclosed in a third sealed envelope addressed to the Director, NCL, Pune and superscripted with the company name and the RFP reference number. Unsealed, conditional telegraphic/ fax application and applications not in the prescribed form shall not be entertained. The applications completed in all respects should be submitted by 5 pm of Monday 25th September 2017 at Reception, 100, NCL Innovation Park, Dr Homi Bhabha (Pashan) Road, Pune – 411008. Late and delayed applications will not be opened and summarily rejected.

Firms are allowed to bid as a consortium provided that the lead firm and other consortium members are substantially inter-related in terms of ownership/share holding. The lead firm responsible for delivery of services should be clearly identified. In case of a consortium, the credentials shall be evaluated in the aggregate, unless mentioned otherwise in this document.

The bidders will be required to produce documentary evidence to demonstrate and support their claims in Form B.

Technical and commercial bids shall be opened in the presence of the bidders who assemble at the pre-announced time and date (as per page 3).

If any information furnished by the agency is found to be incorrect at any stage during evaluation process, it will liable to be debarred from applying. The CEC may formulate evaluation criteria in addition to the specifications and requirements indicated in the RFP, in the interest of NCL and these criteria/recommendations will also form a part of the short-listing of the firms. The CEC will examine all the technical aspects of the bids received. Further the CEC may seek additional information from the existing users at NCL or from other organizations, and also call for technical presentations from the bidders if it is so required. The recommendations of the CEC are final and binding on all the service providers. After the technical evaluation is completed and approved, NCL shall inform to the bidders whose bids have not been shortlisted technically with reasons for the same. The commercial offers of the vendors whose technical offers are found to be technically deficient or do not meet the qualification criteria as specified in this tender will be returned to them without opening. In the event of seeking any clarification from various bidders by NCL, the bidders are required to furnish only technical clarifications that are asked for. No amendments to commercial bid will be entertained at that stage. In case if a bidder fails to quote for a particular item it amounts to non-compliance and hence such bid will not be

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considered for further evaluation. Further during this process if any bidder indicates the price during the clarification such bids also will not be considered for further evaluation. For evaluation of technical bid in Round 2, the minimum threshold score shall be 80%. The Director, NCL reserves the right to accept or reject any or all the applications in full or part thereof without assigning any reason whatsoever and his decision on all matters in this regard shall be final and binding. The Director, NCL, Pune in public interest reserves the right to alter the planned application process and timelines with due intimation at the website: www.nclinnovations.org/rfp The Director, NCL, Pune in public interest reserves to impose/ relax any term and conditions of the RFP. The applicants shall be evaluated as follows:

• First the Technical Bid envelope shall be opened • Second, applicants shall be shortlisted by the CEC based on information in

Form A and B (Round 1 shortlisting) • Third, Round 1 shortlisted applicants shall be requested to carry out a sample

draft, sample patentability assessment and participate in an interview. Based on this applicants shall be further shortlisted (Round 2 shortlisting)

• Fourth, the Financial Bids of Round 2 shortlisted candidates shall be opened. The timelines and schedule is provided in Section 2 of this document.

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3. SCOPE OF WORK


Scope of Work:

Without prejudice to the generality of services, the service to be provided by the IP Service Provider shall include 1. Planning discussion meetings for invention disclosures and working with

scientists/ inventors in articulating the inventions, defining potential claims and helping scientists plan further data generation/compilation so as to strengthen their patents.

2. Carrying out patentability assessment (and any related prior art searching) for invention disclosures and submitting necessary reports.

3. Drafting provisional patent applications for disclosures requiring urgent provisional filings and handle any related clarifications and queries

4. Drafting short listed invention disclosures into complete patent specifications ready for filing and handle any related clarifications and queries

5. Handling examiner/ attorney queries on already filed patent applications and working with scientists to provide suitable responses

6. Organizing and running training programs and awareness workshops for students and scientists so as to sensitize them to IP and familiarizing them with required processes

7. Tracking (on Patent Office websites) the progress of all patent applications of NCL in prosecution and early intimation of IP Group and inventors of office actions (via the IPTracker system set up by NCL Innovations). The objective here is to provide information on a) publication, b) grants, c) entry into national phase of NCL’s PCT cases, d) office actions etc using free and most updated databases.

8. Depute one dedicated Patent Associate for engaging with the IP Group at NCL to coordinate the above tasks.

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Appendix to “Scope of Work”: Indicative volume of work

Generating inventions and creating intellectual property is a creative, unpredictable activity and therefore, the volume of invention disclosures is difficult to predict. In that context, we provide below the volumes achieved in the last two financial years to enable service providers to estimate the volume of work and resources to be committed: FY 2015-2016 FY 2014-2015 Number of invention disclosures

127 153

Number of disclosure meetings with inventors

125 150

Number of provisional patent applications

99 104

Number of complete applications filed following earlier provisional applications

97 112

Number of direct complete applications

--- ---

Number of patentability assessments

100 109

Number of office actions dealt with

300 206

Awareness talks by IP Service Provider

8-10 8-10

Note:

1. The volume of work, continuous interaction with inventors and communications clarifying points in drafts/ replies to examiner queries requires the physical presence of at least one senior staff of the IP Service Provider at NCL on a daily basis.

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4. PROPOSED DRAFT AGREEMENT WITH IP SERVICES PROVIDER

HIRING OF INTELLECTUAL PROPERTY SERVICES

(RFP/IPG/2017/01)

See attached draft

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Agreement for IP services

This Agreement is made on this 1st of April 2018

Between Council of Scientific and Industrial Research, a society registered under the Societies Registration Act 1860, having registered office at Anusandhan Bhavan, 2, Rafi Marg, New Delhi-110001, (hereinafter referred to as CSIR), through it’s constituent National Chemical Laboratory, Dr. Homi Bhabha Road, Pune, India (hereinafter referred to as NCL), (which expression shall, where the context so admits, include its successors) of the one part;

and XYZ…….., (hereinafter called…..), a company registered in India under the Companies Registration Act 1956 and having it’s registered office of business at ……<insert address>………………… (which expression shall, where the context so admits, include its successors) of the second part. Preamble: WHEREAS XYZ is engaged in the business of providing services related to patents, trademarks, copy rights and other species of Intellectual Property (hereinafter referred to collectively as IPR) WHEREAS NCL has indicated its interest to engage XYZ for various patent related services, the scope of which has been defined in annexure to this agreement WHEREAS XYZ has agreed to provide the services as defined in the said annexure Now this agreement made by and between the parties witnesses as follows:

1. DEFINITIONS

1.1 “Confidential Information” means, but is not limited to, the confidential and proprietary information concerning Products, Process, formula, technology, intellectual property, costing, plans, samples, protocols and reports, test results, analyses, know-how, systems, specifications, equipment, drawings, facilities, marketing strategies and business of NCL which is disclosed to the representatives of XYZ either orally, electronically, graphically or in a written form but does not include information which the representatives of XYZ can prove: that the information

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1.1.1 Has or became available to the public domain (other than as a result of unauthorized disclosure by the representatives of XYZ); or

1.1.2 has become lawfully available to the Representatives of XYZ on a non-confidential basis from a third party entitled to make disclosure, as shown by competent written records.

1.2 “Intellectual Property Rights” includes but is not limited to the rights comprised in any patent, copyright, compilation of data or material, industrial design, logo, sign, trademark, undisclosed or disclosed information including test or other data, trade secret or know-how or any other species generally included in and recognized as Intellectual Property Rights

1.3 “Representatives mean employees, officers, consultants, agents and advisers of any party.

1.4 Patent Associate mean the representative of XYZ deputed to work in NCL

2. INTERPRETATION

In this Agreement, unless something else is clearly intended:

2.1 Words or expressions:

(a) importing the singular include the plural and vice versa;

(b) importing a gender include the other genders:

2.2 A reference to a party to this Agreement or any other instrument includes that party’s affiliates, heirs, executors, administrators, successors and permitted assigns.

2.3 A reference to a consent, authorization or approval of a party means the prior written consent or approval of that party in it’s absolute and unfettered discretion;

2.4 A provision of this Agreement must not be construed to the disadvantage of a party because that party was responsible for the preparation of the Agreement;

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3. CONFIDENTIALITY OBLIGATIONS

Notwithstanding anything in this agreement and irrespective of the term of this agreement XYZ agrees that unless specifically and previously authorized by NCL the representatives of XYZ shall:

3.1 Not disclose any Confidential Information of NCL to any other person other than those of its representatives who need to know for the purpose of the discussions and who are bound by a Confidentiality Agreement which covers in principal the terms of this Agreement and is no less restrictive than the terms of this Agreement. XYZ shall be responsible for any breach of this Agreement by their representatives. This obligation shall not apply to any disclosure lawfully required by a governmental agency or Court of competent jurisdiction. Under these circumstances, the Representatives of XYZ agrees to give prompt notice of such request to the NCL, so that the NCL may seek an appropriate protective order or other appropriate steps to protect its Confidential Information;

3.2 Not make use of any Confidential Information of the NCL for any purposes expect so required to perform the obligation mentioned in Annexure-I

3.3 Not apply for, or directly or indirectly assist any other person to apply for any Intellectual Property Rights or other proprietary right in respect of any invention or process that is based on or utilizes the Confidential Information;

3.4 Keep the Confidential Information of NCL secure and protect it from unauthorized use, reproduction, access by any party not connected therewith and damage or destruction.

3.5 Not share the confidential information with any third party directly or indirectly through receiving party’s affiliates or subsidiaries.

3.6 Not take copies, prints or in any other tangible mode information of NCL out of NCL premises except for making any correspondence with Intellectual Property Management Division of CSIR or sending for advice from the XYZ office in India.

4. RETURN OF CONFIDENTIAL INFORMATION

Unless otherwise agreed in writing, upon written notice by the NCL, all Confidential Information whether in hard copy or electronic form will be returned to the NCL within thirty (30) days of the date of such notice.

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5. PAYMENTS

5.1 In consideration of the services to be provided by XYZ, NCL shall pay to XYZ a sum of Rs. .. <insert amount>..per year for the duration of the agreement inclusive of all taxes as follows:

5.2(i) Quarterly payment of Rs. .. <insert amount>.. at the end of every quarter and after due approval of satisfactory services by Head, IP Group.

5.2(ii) No advance payment shall be made

5.3 The amount paid by CSIR/NCL as above shall be inclusive of all taxes and XYZ shall not raise any separate demand on account of any taxes.

6. OBLIGATIONS OF XYZ

6.1 XYZ shall, in consultation with NCL depute one senior competent person/s (Patent Associate) for rendering the services who shall be present in NCL daily from 9.30 AM to 3.30 PM from Monday to Fridays except on Saturdays, Sundays and closed holidays declared at NCL.

A. Patent associate needs to be an IP Professional, defined as, a person with a minimal qualification of Masters degree in Natural Sciences/ BE/BPharm and equivalent AND additionally a) a PG Diploma in IPR/ Patent Laws with min 3 years of drafting experience, or b) is a registered patent agent with min 2 years of drafting experience, or c) has more than 6 years experience in drafting and filing patents)

B. ‘Senior competent person’ is defined as must have at least 5 years of experience of drafting and minimum experience of drafting at least 50 applications.

6.2 The Patent Associate so deputed shall provide the services as mentioned in Annexure-I. The Patent Associate may take help of branch offices of XYZ for the same. Such assistance if required by the Patent Associate shall be arranged by own without any additional cost to CSIR/NCL.

6.3 The Patent Associate shall inform the designated person from NCL about any absence or leave well in advance as far as possible. In case of leave

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exceeding 5 working day, the Patent Associate shall arrange for alternative arrangement with XYZ without any additional cost to NCL.

6.4 The resources, facilities and resources for IP search provided to Patent Associate shall be used only for the purposes of services to be given to NCL

6.5 The Patent Associate shall inform Head, IP Group of NCL any potential conflict of interest regarding IP between CSIR/NCL and XYZ clients.

6.6 The Patent Associate shall report to Head, IP Group.

7. OBLIGATIONS OF NCL

7.1 NCL shall provide to the Patent Associate, office space, documentation facilities, office assistance, search facilities, internet connection and such other facilities required for providing services.

8. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

Nothing in this Agreement nor any disclosure of information by NCL to XYZ after its execution shall operate to confer any Intellectual Property Rights on the representatives of XYZ nor XYZ shall be empowered to license or transfer to the other party any right, title or interest in NCL’s products, processes or technology.

9. TERM OF AGREEMENT

9.1 This agreement shall come into force from the date of signing and shall be in force of a period of three years thereafter.

9.2 The parties may extend the term of this agreement on such terms and conditions as deemed fit by exchange of letters.

9.3 The extended term, if any shall come into force from the date agreed to by the parties in the said letter as mentioned in 9.2

9.4 This agreement may be terminated on any of the following contingencies:-

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A On the expiry of the contract period as stated above B By giving tow month’s notice by CSIR/NCL on account of:

i. Committing breach by XYZ of any of the terms and conditions of this agreement.

ii. Assigning the contract or any part thereof to any sub-contractor by the contractor without written permission of the CSIR/NCL.

C By giving tow month’s notice by XYZ on account of committing breach by CSIR/NCL of any terms and conditions of this agreement.

D On XYZ being declared insolvent by competent Court of Law During the notice period for termination of the contract, in the situation contemplated above, XYZ shall keep on discharging his duties as before till the expiry of notice period.

10. SEVERABILITY AND ENFORCEABILITY

Should any part or all of any provision in this Agreement or its application to be held invalid, unenforceable or illegal by a Court of competent jurisdiction, then it shall be served from this Agreement but that severance shall not affect the enforceability of any other provision of this Agreement, which will continue to the fullest extent permitted by law or equity.

11. RELATIONSHIP

This Agreement is between the NCL and XYZ and nothing in this Agreement shall ever be deemed to create a relationship of employer and employee, principal and agent, joint ventures and partnership between the parties.

12. ASSIGNMENT

This Agreement is personal to the parties and the parties will not directly or indirectly assign, delegate or transfer the rights and obligations under this Agreement hereunder without the prior written permission of the other party.

13. RESOLUTION OF DISPUTES

The parties shall endeavour to resolve any dispute relating to the covenants in this agreement firstly by mutual discussion and in the event of any persistent disagreement; the same shall be referred to for arbitration to arbitrator(s) to be

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appointed by Director General of CSIR. The arbitration will be conducted by such arbitrator(s) in accordance with the provisions of Arbitration and Conciliation Act-1996.

12. GOVERNING LAW

This Agreement and the parties’ rights and obligations under it shall be governed by and interpreted in accordance with the laws of India. The jurisdiction will be courts of Mumbai.

14. WAIVER

Any amendment to or modification of this Agreement or any waiver of any provisions hereof shall be in writing and signed by both the parties. Any waiver by the NCL of any provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach of such provision or any other provision hereof.

15. The Agreement shall be modified only after the written permission of both the parties.

16. This Agreement shall be binding to the affiliates of the parties.

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In consent to the above terms and conditions the parties have cause their authorised representatives to sign this agreement on the date mentioned hereinabove.

XYZ Witness by a duly Authorized

Signatory:

_________________________ Witness

XYZ

Date :

National Chemical Laboratory Witness

Controller of Administration CSIR- NCL - Pune

Head Finance and Accounts CSIR- NCL - Pune _______________________ Witness

PROF ASHWINI KUMAR NANGIA DIRECTOR CSIR- NCL, Pune Date:

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Annexure-I

Without prejudice to the generality of services the service to be provided by XYZ shall include 1. Planning discussion meetings for invention disclosures and working with

scientists/ inventors in articulating the inventions, defining potential claims and helping scientists plan further data generation/compilation so as to strengthen their patents.

2. Carrying out patentability assessment (and any related prior art searching) for invention disclosures and submitting necessary reports.

3. Drafting provisional patent applications for disclosures requiring urgent provisional filings and handle any related clarifications and queries

4. Drafting short listed invention disclosures into complete patent specifications ready for filing and handle any related clarifications and queries

5. Handling examiner/ attorney queries on already filed patent applications and working with scientists to provide suitable responses

6. Organizing and running training programs and awareness workshops for students and scientists so as to sensitize them to IP and familiarizing them with required processes

7. Tracking (on Patent Office websites) the progress of all patent applications of NCL in prosecution and early intimation of IP Group and inventors of office actions.

8. Depute one dedicated Patent Associate for engaging with the IP Group at NCL to coordinate the above tasks.

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5.Criteria for qualification and short-listing of IP Service Providers and indicative scoring sheet

HIRING OF INTELLECTUAL PROPERTY SERVICES

(RFP/IPG/2017/01)

Technical qualification: The technical qualification shall be done in 2 rounds

Round 1 This shall be based on Part A and B of the application form

Round 2 This shall consist of three components:

i. The Service Providers shortlisted in Round 1 shall be

asked to conduct an invention disclosure meeting and

draft a sample patent application for filing in the Indian

Patent Office based on the invention disclosure meeting.

ii. The Service Providers shortlisted in Round 1 shall be

asked to provide a patentability assessment in NCL’s

Form B format based on the invention disclosure

meeting.

iii. The Service Providers shortlisted in Round 1 shall have

to identify one person who is likely to serve as a Patent

Associate engaging with NCL scientists (if selected). The

prospective Patent Associate will be interviewed by the

CEC.

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Indicative scoring sheet

For Round 1: Necessary criteria (Service provider must qualify

against these parameters)

1) The IP Service Provider must have a permanent office in Pune

with at least 2 IP professionals resident in Pune. (For the

purposes of this RFP, an IP Professional is defined as a person

with a minimal qualification of Masters degree in Natural Sciences/

BE/BPharm and equivalent AND additionally a) a PG Diploma in

IPR/ Patent Laws with min 3 years of drafting experience, or b) is

a registered patent agent with min 2 years of drafting experience,

or c) has more than 6 years experience in drafting and filing

patents)

2) The Pune office should be at least 12 months old with at least 2

man years of IP professionals active in those 12 months.

Senior person in Pune office must have at least 5 years of

experience of drafting and minimum experience of drafting at least

50 applications.

3) The IP Service Provider must have substantial experience with

inventor facing roles (at least 100 inventors), patent drafting (at

least 100), patentability assessments (at least 100), prosecuting

patents (at least 100) and filing applications, and interacting with

the patent office.

4) The IP Service Provider must have resource persons/IP

professionals with background as

� Organic chemists (at least 3 organic chemists)

- Ph.D in Chemistry (at least 1)

- Master in Chemistry (at least 3)

� BPharm (at least 1)

� Bio-scientists/ technologists (at least 1)

� Physical scientist and/or engineer (at least 2)

� Lawyers with IP litigation experience (at least 3)

� Patent agents (at least 3)

5) The IP Service Provider must be in sound financial health and be

able to sustain operations in Pune without difficulty.

• Solvency certificate to the extent of Rs 75 lakhs

• MIRA Rating of Ba and above of all team members of

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bidder.

6) The company has at least 1 project in the last 3 years with an

yearly value of at least Rs 30 lakhs

7) The company has worked with at least 2 publicly (government)

funded R&D organizations in an inventor facing role.

8) The company has at least one client who is listed in the BSE

SENSEX/NSE NIFTY.

Evaluation criteria (Service provider will be scored


1) Scores based on Form A and B of bid

documents

Minimum 50% out of

100%

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For Round 2: Evaluation criteria (Service provider will be scored


1) Scores based on Form A and B of bid

documents

25%

2) Quality of patent draft submitted 25%

3) Quality of patentability assessment

provided in NCL’s Form B format

25%

4) Quality of candidate “Patent Associate”

who shall interact with NCL scientists and

performance in the interview

25%

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Part A: General information


Name of company/ service provider firm

Authorized signatory of the company/ service provider firm

Signature

Date signed and submitted

General information:

Name of the Company/Firm/Agency

Contact person of the Company/Firm/Agency for this RFP

Registered address

Phone number Mobile number of contact person listed above

Email address of contact person listed above

Address in Pune

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Income tax/professional tax clearance and TAN & PAN Details (Copies to be submitted)

Service Tax Registration No.

Basic checklist: The IP Service Provider must have a permanent office

in Pune with at least 2 IP professionals resident in

Pune. (For the purposes of this RFP, an IP

Professional is defined as a person with a minimal

qualification of Masters degree in Natural

sciences/BE/BPharm and equivalent AND additionally

a) a PG Diploma in IPR/ Patent Laws with min 3 years

of drafting experience, or b) is a registered patent

agent with min 2 years of drafting experience, or c)

has more than 6 years of experience in drafting and

filing patents)

Provide Pune office address and profiles of staff in

Pune.

The Pune office should be at least 12 months old with

at least 2 man years of IP professionals active in those

12 months.

Senior person in Pune office must have at least 5

years of experience of drafting and minimum

experience of drafting at least 50 applications.

Provide proof of address.

The IP Service Provider must have substantial

experience with inventor facing roles (at least 100

inventors), patent drafting (at least 100), patentability

assessments (at least 100), prosecuting patents (at

least 100) and filing applications, and interacting with

the patent office.

Provide information on experience of firm.

The IP Service Provider must have resource

persons/IP professionals with background as

� The IP Service Provider must have resource

persons/IP professionals with background as

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� Organic chemists (at least 3 organic

chemists)



� BPharm (at least 1)

� Bio-scientists/ technologists (at least 1)

� Physical scientist and/or engineer (at least

2)

� Lawyers with IP litigation experience (at

least 3)

� Patent agents (at least 3)

Provide profiles of relevant resource persons/IP

professionals

The IP Service Provider must be in sound financial

health and be able to sustain operations in Pune

without difficulty.

For this purpose the bidder shall furnish evidence that

it meets the ----

1. Solvency certificate (not older than twelve months)

issued by Scheduled/nationalized bank with whom

bidder holds the current account. The certificate

should certify that the bidder is solvent to the

extent of Rs 75 lakhs.

2. Financial Credentials: As part of the eligibility

Criteria of the bidders NCL seeks to have detailed

information about the bidding firms and their

Principle supplier/Manufacturer or the ultimate

beneficiary. For this purpose, the bidders are

required to obtain/submit a report through “MIRA

INFORM PRIVATE LIMITED”, 605, Palmspring,

Near D’Mart, Link Road, Malad (West), Mumbai-

400064; Tel Nos. 022-40448000 (44 Lines) Fax

No. 022-0448045 / 40448046; Email:

[email protected]; [email protected];

Website: http://www.mirainform.com . The above

report has to be preferably submitted as an

attachment to the Technical bid before 5 pm 25th

September 2017. The MIRA’s rating for each

member of the bidding team needs to be above

40 (or above Ba).

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Please attach the company’s latest audited financial statement showing turnover and financial health. The company has at least 1 project in the last 3 years with an yearly value of at least Rs 30 lakhs.

Please attach the details of relevant project

The company has worked with at least 2 publicly

(government) funded R&D organizations in an inventor

facing role.


The company has at least one client who is listed in

the BSE SENSEX/ NSE NIFTY.


Date Signature of applicant with seal

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Part B: Technical Bid




Signature


Technical bid: The technical bid document should include the following. The following points should be addressed as directly as possible:

• About the company: 1. History of the company 2. Location of offices of the company 3. Human resources strength of the company 4. Profiles of key persons in the company 5. Record of experience in patent drafting, filing and prosecution,

including indicators of quantity and quality of work 6. Capabilities and resources available for search and analytics 7. Client list and nature of work done for them 8. Institutional clients serviced in last 2 years 9. Testimonials and recommendations from clients serviced in last 3

years.

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10. Any experience working with publicly funded (government) R&D organizations in inventor facing roles?

11. Any experience working with a company listed on the BSE SENSEX? 12. List BSE/NSE listed companies who are clients. 13. List 3 largest projects of the company (at least one needs to be larger

than Rs 30 lakhs per year for a single client project) 14. Financial health of the company, backed by latest financial statement,

MIRA report and solvency certificate. For this purpose the bidder shall furnish evidence that it meets the ----

3. Solvency certificate (not older than twelve months) issued by

Scheduled/nationalized bank with whom bidder holds the current account.

The certificate should certify that the bidder is solvent to the extent of Rs 75

lakhs.

Financial Credentials: As part of the eligibility Criteria of the bidders NCL seeks to have detailed information about the bidding firms and their Principle supplier/Manufacturer or the ultimate beneficiary. For this purpose, the bidders are required to obtain/submit a report through “MIRA INFORM PRIVATE LIMITED”, 605, Palmspring, Near D’Mart, Link Road, Malad (West), Mumbai-400064; Tel Nos. 022-40448000 (44 Lines) Fax No. 022-0448045 / 40448046; Email: [email protected]; [email protected]; Website: http://www.mirainform.com . The above report has to be preferably submitted as an attachment to the Technical bid before 5 pm 25th September 2017. The MIRA’s rating for each member of the bidding team needs to be above 40 (or above Ba).

• How the project will be managed?

1. Resume of person who shall be the single point interface at NCL and who shall conduct all invention disclosure meetings (referred to as “Patent Associate”)

2. Sample (published) patent applications drafted personally by Patent Associate in the past.

3. Brief document on resources (human and otherwise, local and remote) which shall be deployed to execute the project at NCL.

4. Attach profiles of resource persons/ IP professional in company with background as

• Organic chemists (at least 3 organic chemists)



• BPharm (at least 1)

• Bio-scientists/ technologists (at least 1)

• Physical scientist and/or engineer (at least 2)

• Lawyers with IP litigation experience (at least 3)

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• Patent agents (at least 3)

5. Please provide an outline of planned resource allocations to handle

volumes that NCL typically has. Please indicate average expected time to carry out drafting, patentability assessment and analytical reports.

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Part C: Financial/Commercial bid




Signature


Commercial bid: Please note that the IP Services Provider is expected to quote a single per year price

for the IP Services Contract inclusive of taxes that will be applicable for three

financial years (FY2018-19, FY2019-20, FY2020-21):

Amount in numbers (Rs)

per financial year

Amount in words (Rs)

per financial year

Documents

REQUEST FOR PROPOSALS (RFP)nclinnovations.org/rfp/pdf/1sep2017.pdf · 2017. 8. 30. · 4. Drafting short listed invention disclosures into complete patent specifications ready for