Fc

Selection of Technical Consultant

Request for Proposal (RFP)

Evaluation of Capacity Building and Human

Resource Development Scheme of CSIR

No. I - 9011/68/2023-DMEO

June 2023

Government of India
 Evaluation of Capacity Building and Human Resource Development Scheme of CSIR

Contents

Contents ........................................................................................................................ 2

Disclaimer ..................................................................................................................... 6

Glossary ........................................................................................................................ 7

Invitation for Proposal ................................................................................................ 10

1. Introduction ...................................................................................................... 11

2. Instructions to Applicants ................................................................................ 14

A. General ................................................................................................................... 14

B. Documents.............................................................................................................. 20

C. Preparation and Submission of Proposal ................................................................ 22

D. Evaluation Process ................................................................................................. 28

E. Appointment of Consultant .................................................................................... 30

3. Criteria for Evaluation ..................................................................................... 33

4. Fraud and Corrupt Practices ............................................................................. 36

5. Pre-Proposal Conference.................................................................................. 38

6. Miscellaneous .................................................................................................. 39

Schedules .................................................................................................................... 40

Schedule 1: Terms of Reference ................................................................................. 41

1. Background ...................................................................................................... 43

2. Objectives of the Evaluation Study .................................................................. 43

3. Scope of Services ............................................................................................. 43

4. Data Collection and Methodology ................................................................... 44

5. List of Stakeholders to be Consulted: .............................................................. 47

6. Deliverables and Timelines .............................................................................. 47

7. Payment Schedule ............................................................................................ 47

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 Evaluation of Capacity Building and Human Resource Development Scheme of CSIR

8. Indicative Structure of the Evaluation Report .................................................. 48

9. Reporting: ........................................................................................................ 49

10. Meetings:.......................................................................................................... 49

11. Miscellaneous: ................................................................................................. 49

Schedule 2: Form of Agreement ................................................................................. 51

1. General ............................................................................................................. 54

2. Commencement, Completion and Termination of Agreement ........................ 58

3. Obligations of the Consultant .......................................................................... 62

4. Consultant’s Personnel and Sub-Consultants................................................... 67

5. Obligations of the Authority ............................................................................ 69

6. Payment to the Consultant ............................................................................... 70

7. Liquidated Damages and Penalties .................................................................. 71

8. Fairness and Good Faith .................................................................................. 72

9. Settlement of Disputes ..................................................................................... 72

Annex-1: Terms of Reference ..................................................................................... 75

Annex-2: Deployment of Personnel............................................................................ 76

Annex-3: Estimate of Personnel Costs ....................................................................... 77

Annex-4: Approved Sub-Consultant(s) ...................................................................... 78

Annex-5: Cost of Services .......................................................................................... 79

Annex-6: Payment Schedule ....................................................................................... 80

Annex-7: Bank Guarantee for Performance Security ................................................. 81

Schedule 3: Guidance Note on Conflict of Interest .................................................... 83

Appendices.................................................................................................................. 85

Appendix-I: Technical Proposal ................................................................................. 86

Form-1: Letter of Proposal.......................................................................................... 86

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 Evaluation of Capacity Building and Human Resource Development Scheme of CSIR

Form-2: Particulars of the Applicant .......................................................................... 89

Form-3: Statement of Legal Capacity ......................................................................... 92

Form-4: Power of Attorney......................................................................................... 93

Form-5: Financial Capacity of the Applicant ............................................................. 95

Form-6: Particulars of Key Personnel......................................................................... 96

Form-7: Proposed Methodology and Work Plan ........................................................ 99

Form-8: Eligible Assignments of the Applicant$ ..................................................... 100

Form-9: Deployment of Personnel............................................................................ 101

Form-10: Other Implementation Support Team Members ....................................... 102

Form-11: Proposal for Sub-Consultant(s) ................................................................. 103

Form-12: Bid Security Declaration Form ................................................................ 104

Form-13: Letter of Intent for Technical Collaboration ............................................ 105

Appendix-II: Financial Proposal ............................................................................... 106

Form 1: Covering Letter ........................................................................................... 106

Form-2: Financial Proposal....................................................................................... 107

Form-3: Estimate of Personnel Costs ....................................................................... 109

Appendix-III: List of Bid-Specific Provisions$ ........................................................ 110

Appendix-IV: References ......................................................................................... 111

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 Evaluation of Capacity Building and Human Resource Development Scheme of CSIR

No. I - 9011/68/2023-DMEO
Government of India
NITI Aayog
Development Monitoring and Evaluation Office
Sansad Marg, New Delhi -110001

Request for Proposal (RFP)

June 26, 2023

Subject: Request for Proposal (RFP) for Evaluation of Capacity Building and Human Resource
Development Scheme of CSIR

The Development Monitoring and Evaluation Office (DMEO), National Institution for Transforming India
(NITI) Aayog, Government of India, intends to engage a Consultancy Firm to support the Evaluation
of Capacity Building and Human Resource Development Scheme of CSIR details of which have
been provided in the RFP document.

DMEO, NITI Aayog invites proposals for this assignment from national/international
firms/organisations/institutions with the requisite experience in this field, as detailed in the RFP. The
salient features of the study, eligibility criteria and instructions on how to bid and other details are
available in the RFP document uploaded on the DMEO website (https://dmeo.gov.in/tenders) and
Government e Marketplace Portal (https://gem.gov.in/). Important information & tentative dates are
given in section 1 of the RFP.

Interested applicants are requested to log into Government e Marketplace Portal (GeM) and submit
their RFP response online, on or before August 11, 2023, at 1400 hours. Please note that
manual/offline bids shall not be accepted. Applicants can also refer to the resources available on GEM
portal (https://gem.gov.in/support/sellers/?lang=english) for further queries.

Shri Manish Gade

Economic Officer
Development Monitoring & Evaluation Office (DMEO)
Room No-431, NITI Aayog, Sansad Marg
New Delhi, 110001
Email: [email protected]

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 Evaluation of Capacity Building and Human Resource Development Scheme of CSIR

Disclaimer

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

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

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

The Authority, its employees and advisers make no representation or warranty and shall have no
liability to any person including any Applicant under any law, statute, rules or regulations or tort,
principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense
which may arise from or be incurred or suffered on account of anything contained in this RFP or
otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the RFP and
any assessment, assumption, statement or information contained therein or deemed to form part of
this RFP or arising in any way in this Selection Process.

The Authority also accepts no liability of any nature whether resulting from negligence or otherwise,
howsoever caused, arising from reliance of any Applicant upon the statements contained in this RFP.

The Authority 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 this RFP.

The issue of this RFP does not imply that the Authority is bound to select an Applicant or to appoint
the Selected Applicant, as the case may be, for the Consultancy and the Authority reserves the right
to reject all or any of the Proposals without assigning any reasons whatsoever.

The Applicant shall bear all its costs associated with or relating to the preparation and submission of
its Proposal including but not limited to preparation, copying, postage, delivery fees, expenses
associated with any demonstrations or presentations which may be required by the Authority or any
other costs incurred in connection with or relating to its Proposal. All such costs and expenses will
remain with the Applicant and the Authority shall not be liable in any manner whatsoever for the same
or for any other costs or other expenses incurred by an Applicant in preparation or submission of the
Proposal, regardless of the conduct or outcome of the Selection Process.

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 Evaluation of Capacity Building and Human Resource Development Scheme of CSIR

Glossary

Additional Costs As in Item H of Form-2 of Appendix-II

Agreement As defined in Schedule-2

Agreement Value As defined in Clause 6.1.2 of Schedule-2

Applicable Laws As defined in Schedule-2

Applicant As defined in Clause 2.1.1

Associate As defined in Clause 2.3.3

Authorized Representative As defined in Clause 2.13.3

Authority As defined in Clause 1.1.1

Bid Security As defined in Clause 2.20.1

Bill of Quantity (BoQ) As defined in Clause 2.15.1

Conditions of Eligibility As defined in Clause 2.2.1

Conflict of Interest As defined in Clause 2.3.1

Consultancy As defined in Clause 1.2

Consultancy Team As defined in Clause 2.1.4

Consultant As defined in Clause 1.2

CV Curriculum Vitae

Deliverables As defined in Paragraph 6 of Schedule-1

Documents As defined in Clause 2.12

Effective Date As defined in Clause 2.1 of Schedule-2

Eligible Assignments As defined in Clause 3.1.4

Final Evaluation Report As specified in Paragraph 6 of Schedule-1

Financial Proposal As defined in Clause 2.15.1

Form of Agreement Form of Agreement as in Schedule-2

GEM Government e Marketplace Portal

INR, Re, Rs. Indian Rupee(s)

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 Evaluation of Capacity Building and Human Resource Development Scheme of CSIR

Inception Report As specified in Paragraph 6 of Schedule-1

Key Date As defined in Paragraph 6 of Schedule-1

Key Personnel As defined in Clause 2.1.4

Lead Member As defined in Clause 2.1.1

LOA Letter of Award

Member As defined in Clause 2.3.3 (a)

Official Website As defined in Clause 1.11.2

Personnel As defined in Clause 1.1.1(m) of Schedule-2

Professional Personnel As defined in Clause 2.14.6

Prohibited Practices As defined in Clause 4.1

Project As defined in Clause 1.1.6

Project Manager As defined in Clause 4.6 of Schedule-2

Proposal As defined in Clause 1.2

Proposal Due Date or PDD As defined in Clauses 1.5 and 1.8

Resident Personnel As defined in Clause 1.1.1(n) of Schedule-2

RFP As defined in Disclaimer

Selected Applicant As defined in Clause 1.6

Selection Process As defined in Clause 1.6

Services As defined in Clause 1.1.1(p) of Schedule-2

Sole Firm As defined in Clause 2.1.1

Statement of Expenses As defined in Note 13, Form-2 of Appendix-II

Statutory Auditor An Auditor appointed under Applicable Laws

Sub-Consultant As defined in Clause 1.1.1(q) of Schedule-2

Support Personnel As defined in Clause 2.14.6

Team Leader As defined in Clause 2.1.4

Technical Proposal As defined in Clause 2.14.1

TOR As defined in Clause 1.1.3

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 Evaluation of Capacity Building and Human Resource Development Scheme of CSIR

US$ United States Dollar

WG As defined in Paragraph 9 of the TOR

The words and expressions beginning with capital letters and defined in this document shall unless
repugnant to the context, have the meaning ascribed thereto herein.

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Evaluation of Capacity Building and Human Resource Development Scheme of CSIR

Invitation for Proposal

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 Evaluation of Capacity Building and Human Resource Development Scheme of CSIR

1. Introduction1$

1.1 Background

1.1.1. The Development Monitoring and Evaluation Office (DMEO) (the “Authority”) was constituted
in September 2015 by merging of the erstwhile Programme Evaluation Office (PEO) and the
Independent Evaluation Office (IEO). DMEO is an attached Office of NITI Aayog to fulfil the
mandates of monitoring and evaluation assigned to NITI Aayog.

1.1.2. In pursuance of the above, the Authority has decided to carry out the process for selection of
a Technical Consultant for the Evaluation of Capacity Building and Human Resource
Development Scheme of CSIR (the “Project”) in accordance with the Terms of Reference
specified at Schedule-1 (the “TOR”).

1.2 Request for Proposals

1.2.1. The Authority invites proposals (the “Proposals”) for selection of a Technical Consultant (the
“Consultant”) who shall conduct an evaluation Study of the scheme, in accordance with the
TOR (collectively the “Consultancy”).

The Authority intends to select the Consultant through an open competitive bidding process
in accordance with the procedure set out herein.

1.3 Due diligence by Applicants

Applicants are encouraged to inform themselves fully about the assignment and the local
conditions before submitting the Proposal by paying a visit to the Authority, sending written
queries to the Authority, and attending a Pre-Proposal Conference on the date and time
specified in Clause 1.10.

1.4 Availability of RFP Document

The document can be downloaded from the Official Website of the Authority
(https://dmeo.gov.in/tenders) and GEM – Government e Marketplace Portal
(https://gem.gov.in/).

1.5 Validity of the Proposal

The Proposal shall be valid for a period of not less than 90 days from the Proposal Due Date
(the “PDD”).

1.6 Brief description of the Selection Process

The Authority has adopted a two-stage selection process (collectively the “Selection Process”)
for evaluating the Proposals comprising technical and financial bids to be submitted in two
separate sealed envelopes.

1
$ Instructions for Applicants
Note 1: Blank spaces contain formats that are to be used by the Applicant after the RFP is issued. (See Appendix-III)
Note 2: Footnotes marked - “$” in the relevant Clauses of the RFP and Schedules are for guidance of the Applicants. In case of Appendices, the
footnotes marked - “$” or in other non-numerical characters shall be omitted by the Applicants while submitting their respective Proposals. (See
Appendix-III)

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In the first stage, a technical evaluation will be carried out as specified in Clause 3.1 Based
on this technical evaluation, a list of short-listed applicants shall be prepared as specified in
Clause 3.2. In the second stage, a financial evaluation will be carried out as specified in
Clause 3.3. Proposals will finally be ranked according to their combined technical and financial
scores as specified in Clause 3.4. The first ranked Applicant shall be selected for negotiation
(the “Selected Applicant”) while the second ranked Applicant will be kept in reserve.

1.7 Currency conversion rate and payment

1.7.1 For the purposes of technical evaluation of Applicants, Rs. 80 (Rupees eighty) per US$ shall
be considered as the applicable currency conversion rate. In case of any other currency, the
same shall first be converted to US$ as on the date 60 (sixty) days prior to the Proposal Due
Date, and the amount so derived in US$ shall be converted into INR at the aforesaid rate. The
conversion rate of such currencies shall be the daily representative exchange rates published
by the International Monetary Fund for the relevant date.

1.7.2 All payments to the Consultant shall be made in INR in accordance with the provisions of this
RFP. The Consultant may convert INR into any foreign currency as per Applicable Laws and
the exchange risk, if any, shall be borne by the Consultant.

1.8 Schedule of Selection Process

The Authority would endeavour to adhere to the following schedule:

# Event Description Date

1 Last date for receiving queries/clarifications 06 July, 2023

2 Pre-Proposal Conference 13 July, 2023

3 Authority response to queries 27 July, 2023

4 Proposal Due Date (PDD) 11 August 2023 at 1400 hours

5 Opening of Proposals 12 August, 2023

6 Letter of Award (LOA) 31 August, 2023 (Tentative)

7 Signing of Agreement 11 September, 2023 (Tentative)

8 Validity of Applications 90 days of Proposal Due Date

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1.9 Pre-Proposal Queries

Prospective Applicants may address their queries to the nodal officer specified below:
Shri Manish Gade
Economic Officer
Development Monitoring & Evaluation Office (DMEO)
Room No-431, NITI Aayog, Sansad Marg
New Delhi, 110001
Email: [email protected]
Phone: 011 - 23096799

1.10 Pre-Proposal Conference

The date, time and venue of Pre-Proposal Conference shall be:

Date: As mentioned in Clause 1.8

Time: 13 July 2023 at 1400 hrs

Venue: Bengal Tiger, NITI Aayog (Virtual https://tinyurl.com/CSIRPreBid )

Applicants may register for the same until a day prior to the Pre-proposal Conference by
submitting the details of their representatives attending the pre-proposal conference at the
below link:

 Registration Link: https://tinyurl.com/CSIRRegistration

1.11 Communications

1.11.1 All communications including the submission of Proposal should be addressed to:
Shri Manish Gade
Economic Officer
Development Monitoring & Evaluation Office (DMEO)
Room N0-431, NITI Aayog, Sansad Marg
New Delhi, 110001
Email: [email protected]
Phone: 011 - 23096799

1.11.2 The Official Website of the Authority is: https://dmeo.gov.in/

Note: Please open https://dmeo.gov.in/tenders or GEM - Government e Marketplace Portal

(https://gem.gov.in/) to access all the posted and uploaded documents related to this RFP.

1.11.3 All communications, including submission in original form of both, Power of Attorney (as per
Clause 2.13.3) and Bid Security or Bid Security Declaration, as the case may be, (as per
Clause 2.20), should have the following information, marked at the top in bold letters:

RFP for “Evaluation of Capacity Building and Human Resource Development Scheme
of CSIR

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 Evaluation of Capacity Building and Human Resource Development Scheme of CSIR

2. Instructions to Applicants

A. General

2.1 Scope of Proposal

2.1.1 Detailed description of the objectives, scope of services, Deliverables and other requirements
relating to this Consultancy are specified in this RFP. In case an applicant firm possesses the
requisite experience and capabilities required for undertaking the Consultancy, it may
participate in the Selection Process either individually (the “Sole Firm”) or as lead member of
a consortium of firms (the “Lead Member”) in response to this invitation. The term applicant
(the “Applicant”) means the Sole Firm or the Lead Member, as the case may be. The manner
in which the Proposal is required to be submitted, evaluated and accepted is explained in this
RFP.

2.1.2 Applicants are advised that the selection of consultant shall be on the basis of an evaluation
by the Authority through the Selection Process specified in this RFP. 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 the Authority’s decisions are without any right of
appeal whatsoever.

2.1.3 The Applicant shall submit its Proposal in the form and manner specified in this Section 2
(Instruction to Applicants) of the RFP. The Technical Proposal shall be submitted in the form
at Appendix-I and the Financial Proposal shall be submitted in the form at Appendix-II. Upon
selection, the Applicant shall be required to enter into an agreement with the Authority in the
form specified at Schedule-2. The responsibility related to the completion of study in terms
of submission of deliverables and achievements of milettones, as prescribed in Terms of
Reference, lies with the Applicant.

2.1.4 Key Personnel

The Consultant shall form a multi-disciplinary team (the “Consultancy Team”) for this
assignment. The Consultancy Team shall consist of the following Key Personnel who shall
discharge their respective responsibilities as specified below:
S No Key Responsibilities
Personnel
1. Team Leader S/He will lead, co-ordinate, manage and supervise the
multidisciplinary team to prepare/conduct the Evaluation Study
and act as a focal point to the Authority throughout the duration of
the Consultancy. In addition, S/He will be responsible for:
 Accountable for the identification of experienced teams,
providing expert guidance, problem-solving support and
leading discussions with senior stakeholders
 Ensure all deliverables and milestones delivered as per
timelines
 Ensure sampling strategy, data quality checks,
concurrent analysis, report reviewing and feedback
mechanism
 Drive discussions with senior officials in the Government
at Centre and State levels
 Provide insights from experience in sector projects

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S No Key Responsibilities
Personnel
2. Deputy Team S/He will assist the Team lead in leading, coordinating and
Leader supervising the multidisciplinary team for the evaluation Study.
S/He will be responsible for:
 Leading day-to-day management of the team
 Project management as per agreed activities, timelines
and deliverables
 Communication related activities
 Defining the detailed work plan and managing the team
of consultants against the work plan
 Preparation of Gantt chart, concurrent analysis, report
writing/reviewing
 Drive discussions with senior officials in the Government
at Centre and State levels
 Coordinating with the team and other stakeholders
 Sending periodic updates, highlighting challenges and
potential solutions in project execution
3. Senior S/He will be responsible for:
Researcher  Providing economic perspectives on all aspects of the
project
 Designing a meta-analysis plan based on the secondary
data
 Finalizing primary data collection tools like discussion
guides for focus group discussions, agenda for in depth
interviews and survey questionnaires and prepare a data
analysis plan.
 Ensuring data quality of the primary data collected and
the use of the latest analytical tools for qualitative and
quantitative data analysis
 Conduct econometric/ statistical analysis of data
4. Junior S/He will be responsible for:
Researcher  Conducting meta-analysis and secondary research from
different sources for the study
 Assisting in data cleaning, storage, analysis and
management
 Assisting other team members in research and analysis
5. Content Editor S/He will be responsible for ensuring:
 Quality of content and presentation of the reports
 Editing of reports to make them free from grammatical,
language and spelling errors
 The content of report should not be repetitive in nature
 Proper referencing in the report such as APA etc.

2.2 Conditions of Minimum Eligibility of Applicants

2.2.1 Applicants must read the minimum eligibility conditions carefully (the “Conditions of
Eligibility”) provided herein. Proposals of only those Applicants who satisfy the Conditions
of Eligibility will be considered for evaluation. The Conditions of Eligibility as specified in the
RFP may be relaxed for a particular Applicant, if applicable, subject to furnishing of relevant
and valid documents or certificates, supporting such relaxations or exemptions under
Applicable Laws.

2.2.2 To be eligible for evaluation of its Proposal, the Applicant shall fulfil the following

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 Evaluation of Capacity Building and Human Resource Development Scheme of CSIR

(A) Technical Capacity: The Applicant must be a legal entity as per Applicable Laws (which
would include inter-alia, academic institutions/profit/non-profit organisation). The Applicant
shall have, over the past 5 (five) years preceding the PDD, undertaken a minimum of 3 (three)
Eligible Assignments as specified in Clause 3.1.4. The Applicant should not have been
debarred or blacklisted by the Central Government, any State Government, a Statutory
Authority, or a Public-Sector Undertaking from participating in any consulting assignment.

(B) Financial Capacity: The Applicant shall have a minimum turnover of Rs. 2 (two) crore per
annum during each of the 3 (three) financial years FY 2018-19, FY 2019-20 and FY 2021-
222. For avoidance of doubt, turnover hereunder refers to total revenue of the applicant.

(C) Availability of Key Personnel: The Applicant shall offer and make available all Key
Personnel meeting the requirements specified in sub-clause (D) below.

(D) Conditions of Eligibility for Key Personnel: Each of the Key Personnel must fulfil the
Conditions of Eligibility specified below:
S Key Personnel Minimum Minimum Length Minimum Length of
No Educational of Professional Relevant Experience
Qualifications3 Experience
1. Team Leader Master’s Degree (or 12 years At least 8 years of
(with at least equivalent) experience in handling
one position at evaluation/research
senior or mid projects in
management education/S&T or
level) related sectors.
2. Deputy
2 Team Master’s Degree (or 10 years At least 5 years of
Leader (with at equivalent) experience in handling
least one evaluation/research
position at projects in
senior or mid education/S&T or
management related sectors.
level)
3. Senior
3 Master’s Degree (or 8 years At least 5 years of
Researcher equivalent) experience in the
domain of qualitative
and quantitative
research
4. Junior Master’s Degree (or 2 years At least 1 year of
Researcher^ equivalent) experience in the
domain of qualitative
and quantitative
research
5. Content Master’s Degree in 5 years
Editor^^ English, Mass
Communication and
Journalism (or
equivalent)

2
Considering the adverse economic impact of the Covid-19 pandemic, FY2020-21 has been excluded from Financial
Capacity criteria under “Condition of Minimum Eligibility of Applicants”
3 For degrees obtained from the accredited foreign Boards/universities, the applicant shall furnish a self-declaration on the
academic equivalence to the 'Minimum Educational Qualifications' as defined in Clause 2.2.2 (D).

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^Junior Researcher will permanently work from DMEO, NITI Aayog

^^ Content Editor will not be considered for scoring.

2.2.3 The Applicant shall enclose with its Proposal, certificate(s) from its Statutory Auditors4$ stating
its turnover during each of the 3 (three) financial years i.e. FY 2018-19, FY 2019-20 and FY
2021-22. In the event that the Applicant does not have a statutory auditor, it shall provide the
requisite certificate(s) from the firm of Chartered Accountants that ordinarily audits the annual
accounts of the Applicant.

2.2.4 The Applicant should submit a Power of Attorney as per the format at Form-4 of Appendix-I;
provided, however, that such Power of Attorney would not be required if the Application is
signed by a partner of the Applicant, in case the Applicant is a partnership firm or limited
liability partnership.

2.2.5 Any entity which has been barred by the Central Government, any State Government, a
statutory authority or a public sector undertaking, as the case may be, from participating in
any project, and the bar subsists as on the date of Proposal, would not be eligible to submit a
Proposal either by itself or through its Associate.

2.2.6 An Applicant or its Associate 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 or its Associate, nor
been expelled from any project or agreement nor have had any agreement terminated for
breach by such Applicant or its Associate.

2.2.7 While submitting a Proposal, the Applicant should attach clearly marked and referenced
continuation sheets in the event that the space provided in the specified forms in the
Appendices is insufficient. Alternatively, Applicants may format the specified forms making
due provision for incorporation of the requested information.

2.3 Conflict of Interest

2.3.1 An Applicant shall not have a conflict of interest that may affect the Selection Process or the
Project (the “Conflict of Interest”). Any Applicant found to have a Conflict of Interest shall be
disqualified. In the event of disqualification, the Authority reserves the right to take action as
per the Bid Security or Bid Security Declaration for, inter alia, the time, cost and effort of the
Authority including consideration of such Applicant’s Proposal, without prejudice to any other
right or remedy that may be available to the Authority hereunder or otherwise.

2.3.2 The Authority requires that the Consultant provides professional, objective, and impartial
advice and at all times hold the Authority’s interests’ paramount, avoid conflicts with other
assignments or its own interests, and act without any consideration for future work. The
Consultant shall not accept or engage in any assignment that would be in conflict with its prior
or current obligations to other clients, or that may place it in a position of not being able to
carry out the assignment in the best interests of the Authority.

2.3.3 Some guiding principles for identifying and addressing Conflicts of Interest have been
illustrated, - in the Guidance Note at Schedule-3. Without limiting the generality of the above,
an Applicant shall be deemed to have a Conflict of Interest affecting the Selection Process, if:

4$ Please do not attach complete printed annual financial statements. In case relevant extracts of duly audited annual
financial statements containing the requisite details are provided, duly countersigned by the authorised signatory, a separate
certification by statutory auditors would not be necessary in respect of clause 2.2.3.

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(a) Conflicting Associations:

 directly or indirectly controls, is controlled by or is under common control with another

Applicant; or
 receives or has received any direct or indirect subsidy/ financial stake from another
Applicant; or
 has the same correspondence address or same legal representative/ agent as
another applicant for purposes of this proposal; or
 has a relationship with another applicant, directly or through common third parties,
that puts it in a position to have access to information about or influence the Proposal
of another applicant or influence the decisions of the Authority regarding this
Procurement Process; or

(b) Unfair Competitive Advantage and Conflicting Activities: had (or any of its Affiliates)
been engaged by the Authority to provide goods, works, or services for a project, shall be
disqualified from providing consulting services resulting from or directly related to those
goods, works, or services. Conversely, a firm (or any of its Affiliates) hired to provide
consulting services for the preparation or implementation of a project shall be disqualified
from subsequently providing goods or works or services resulting from or directly related
to the consulting services for such preparation or implementation or

(c) Conflicting Assignments: would (including its Experts and Sub-consultants) or any of
its Affiliates) be or are providing consultancy services in another assignment for the same
or another Authority that, by its nature, may conflict with this assignment. or

(d) Commissions and Gratuities: The Applicant shall disclose any commissions or fees that
may have been paid or are to be paid to agents, representatives, or commission agents
concerning the selection process or execution and performance of the resulting Contract.
The information disclosed must include the name and address of the agent,
representative, or commission agent, the amount and currency, and the purpose of the
commission or fee.; or

(e) Conflicting Relationships: has close business/ family relationship with a staff of the
Authority who are/ would be directly/ indirectly involved in any of the following activities:
o Preparation of the RFP document or ToR of the procurement process
o Evaluation of Proposals or Award of Contract, or
o Implementation/supervision of the resulting contract

2.4 Number of Proposals

No Applicant or its Associate shall submit more than one Application for the Consultancy. An
Applicant applying individually or as an Associate shall not be entitled to submit another
application either individually or as a member of any consortium, as the case may be.

2.5 Cost of Proposal

The Applicants shall be responsible for all of the costs associated with the preparation of their
Proposals and their participation in the Selection Process including subsequent negotiation,
visits to the Authority etc. The Authority will not be responsible or in any way liable for such
costs, regardless of the conduct or outcome of the Selection Process.

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2.6 Verification of information

Applicants are encouraged to submit their respective Proposals after verification of the
documents, reference materials, etc. within the purview of this RFP and the Applicable Laws
and regulations or any other matter considered relevant by them.

2.7 Acknowledgement by Applicant

2.7.1 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 Authority;

(c) acknowledged and accepted the risk of inadequacy, error or mistake in the information
provided in the RFP or furnished by or on behalf of the Authority;
or relating to any of the matters referred to in Clause 2.6 above;

(d) satisfied itself about all matters, things and information, including matters referred to in
Clause 2.6 herein above, necessary and required for submitting an informed Application
and performance of all of its obligations thereunder;

(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 terms hereof.

2.7.2 The Authority 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 Authority.

2.8 Right to reject any or all Proposals

2.8.1 Notwithstanding anything contained in this RFP, the Authority 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.

2.8.2 Without prejudice to the generality of Clause 2.8.1, the Authority 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 Authority, the
supplemental information sought by the Authority for evaluation of the Proposal.

Misrepresentation/ improper response by the Applicant may lead to the disqualification of the
Applicant. If the Applicant is the Lead Member of a consortium, then the entire consortium
may be disqualified / rejected. If such disqualification / rejection occurs after the Proposals
have been opened and the highest ranking Applicant gets disqualified / rejected, then the
Authority 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 Authority, including annulment of the Selection
Process.

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B. Documents

2.9 Contents of the RFP

This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below and
will additionally include any Addendum / Amendment issued in accordance with Clause 2.11:

Request for Proposal

1. Introduction

2. Instructions to Applicants

3. Criteria for Evaluation

4. Fraud and corrupt practices

5. Pre-Proposal Conference

6. Miscellaneous

Schedules

1. Terms of Reference

2. Form of Agreement

Annex-1: Terms of Reference

Annex-2: Deployment of Personnel

Annex-3: Estimate of Personnel Costs

Annex-4: Approved Sub-Consultant(s)

Annex-5: Cost of Services

Annex-6: Payment Schedule

Annex-7: Bank Guarantee for Performance Security

3. Guidance Note on Conflict of Interest

Appendices

Appendix-I: Technical Proposal

Form-1: Letter of Proposal

Form-2: Particulars of the Applicant

Form-3: Statement of Legal Capacity

Form-4: Power of Attorney

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Form-5: Financial Capacity of Applicant

Form-6: Particulars of Key Personnel

Form-7: Proposed Methodology and Work Plan

Form-8: Eligible Assignments of Applicant

Form-9: Deployment of Personnel

Form-10: Other Implementation Support Team Members

Form-11: Proposal for Sub-Consultant(s)

Form -12: Bid Security Declaration Form

Form-13: Letter of Intent for Technical Collaboration

Appendix–II: Financial Proposal

Form-1: Covering Letter

Form-2: Financial Proposal

Form-3: Estimate of Personnel Costs

Appendix-III: List of Bid-Specific Provisions

Appendix-IV: References

2.10 Clarifications

2.10.1 Applicants requiring any clarification on the RFP may submit their queries online to the
Authority through GEM portal https://gem.gov.in/ by logging in through their registered email
id before the date mentioned in the Schedule of Selection Process at Clause 1.8.

The Authority shall endeavour to respond to the queries within the period specified therein but
not later than 7 (seven) days prior to the Proposal Due Date. The Authority will post the reply
to all such queries on the Official Website / GEM portal without identifying the source of
queries.

2.10.2 The Authority reserves the right not to respond to any questions or provide any clarifications,
in its sole discretion, and nothing in this Clause 2.10 shall be construed as obliging the
Authority to respond to any question or to provide any clarification.

2.11 Amendment of RFP

2.11.1 At any time prior to the deadline for submission of Proposal, the Authority may, for any reason,
whether at its own initiative or in response to clarifications requested by an Applicant, modify
the RFP document by the issuance of Addendum/ Amendment and posting it on the Official
Website.

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2.11.2 All such amendments shall be posted on the GEM portal https://gem.gov.in/ along with the
revised RFP containing the amendments and will be binding on all Applicants.

2.11.3 In order to afford the Applicants a reasonable time for taking an amendment into account, or
for any other reason, the Authority may, in its sole discretion, extend the Proposal Due Date5$.

C. Preparation and Submission of Proposal

2.12 Language

The Proposal with all accompanying documents (the “Documents”) and all communications
in relation to or concerning the Selection Process shall be in English language and strictly on
the forms provided in this RFP. 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.

2.13 Format and signing of Proposal

2.13.1 The Applicant shall provide all the information sought under this RFP. The Authority would
evaluate only those Proposals that are received in the specified forms and complete in all
respects.

2.13.2 The Applicant shall submit its bid in the electronic form on or before the date and time as
mentioned in the Schedule of Selection Process at Clause 1.8.

2.13.3 Bids along with all the scanned copies of the document should be submitted in the electronic
form only through GEMP e-tendering system as mentioned above. Before the bid documents
are uploaded, all attached documents should be signed using digital signatures of the
authorised representative (the “Authorised Representative”) as detailed below:

(a) by the proprietor, in case of a proprietary firm; or

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

(c) by a duly authorised person holding the Power of Attorney, in case of a Limited Company
or a corporation; or

(d) by the Authorised Representative of the Lead Member, in case of consortium.

A copy of the Power of Attorney certified under the hands of a partner or director of the
Applicant and notarised by a notary public in the form specified in Appendix-I (Form-4) shall
be uploaded alongwith the Proposal.

2.13.4 The following documents shall be sent separately to the Authority in original through Speed
Post/Registered Post or delivered by hand to the person specified in the Clause 1.11.1 in a
sealed envelope on or before the proposal due date:

5
$ While extending the Proposal Due Date on account of an addendum, the Authority shall have due regard for the time required by Applicants
to address the amendments specified therein. In the case of significant amendments, at least 15 (fifteen) days shall be provided between the
date of amendment and the Proposal Due Date, and in the case of minor amendments, at least 7 (seven) days shall be provided.

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(a) Power of Attorney as required under Clause 2.13.3 and

(b) Insurance Surety Bond/Demand Draft towards Bid Security or Bid Security Declaration,
as required under Clause 2.20
Kindly note that, the proposal shall be rejected if Bid security or Bid Security Declaration is
not submitted on or before the Proposal Due Date.

The envelope specified in this Clause 2.13.4 shall clearly bear the following identification:

RFP for “Evaluation of Capacity Building and Human Resource Development Scheme
of CSIR
If this envelope is not sealed and marked as instructed above, NITI Aayog assumes no
responsibility for the misplacement or premature opening of the contents of the Bid and
consequent losses, if any suffered by the bidder.

Please note that, if the above documents are not submitted in original (hard copy) form as
above, or if there is any discrepancy found between the above documents submitted in original
(hard copy) form and that submitted on the GEM Portal, the award of this Consultancy may
be liable to cancellation.

2.13.5 Applicants should note the Proposal Due Date, as specified in Clause 1.8, for submission of
Proposals. Except as specifically provided in this RFP, no supplementary material will be
entertained by the Authority, and that evaluation will be carried out only on the basis of
Documents uploaded on the GEM portal by the closing time of Proposal Due Date as specified
in Clause 2.17.1. Applicants will ordinarily not be asked to provide additional material
information or documents subsequent to the date of submission, and unsolicited material if
submitted will be summarily rejected. For the avoidance of doubt, the Authority reserves the
right to seek clarifications under and in accordance with the provisions of Clause 2.24.

2.14 Technical Proposal

2.14.1 Applicants shall submit the technical proposal online in the formats at Appendix-I (the
“Technical Proposal”).

2.14.2 While submitting the Technical Proposal, the Applicant shall, in particular, ensure that:
(a) The Bid Security or Bid Security Declaration is provided;

(b) all scanned copies of the forms are submitted in the prescribed formats and signed by
the prescribed signatories;

(c) Power of Attorney, if applicable, is executed as per Applicable Laws;

(d) CVs of all Professional Personnel have been included;

(e) Key Personnel have been proposed only if they meet the Conditions of Eligibility laid
down at Clause 2.2.2 (D) of the RFP;

(f) no alternative proposal for any Key Personnel is being made and only one CV for each
position has been furnished;

(g) the CVs have been recently signed and dated in blue ink or digitally signed by the
respective Personnel, and digitally countersigned by the Applicant. A copy of the CV
signed by respective Key Personnel, duly digitally countersigned by the authorised

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signatory, shall be accepted. If few CVs are not signed by the key personnel, the
evaluation should be carried without considering these unsigned CVs and, if this
Consultant is still a winner, the signed CVs should be submitted by the Selected
Consultant before the award of contract. The replacement of such key personnel would
not be allowed before the award of the contract unless such key personnel are not found
to be ineligible as per the Clause 2.25.1. If most of the CVs are not signed by the
respective proposed key personnel, the proposal should be termed as non-responsive
and rejected at the technical evaluation stage

(h) the CVs shall contain an undertaking from the respective Key Personnel about his/her
availability for the duration specified in the RFP;

(i) Professional Personnel proposed have good working knowledge of English language;

(j) Key Personnel would be available for the period indicated in the TOR;

(k) no Key Personnel and Other Professional Personnel should have attained the age of 65
(sixty-five) years at the time of submitting the proposal; and

(l) the proposal is responsive in terms of Clause 2.22.3.

2.14.3 Failure to comply with the requirements spelt out in this Clause 2.14 shall make the Proposal
liable to be rejected.

2.14.4 If an individual Key Personnel makes a false averment regarding his qualification, experience
or other particulars, or his commitment regarding availability for the Project is not fulfilled at
any stage after signing of the Agreement, he shall be liable to be debarred for any future
assignment of the Authority for a period of 5 (five) years. The award of this Consultancy to the
Applicant may also be liable to cancellation in such an event.

2.14.5 The Technical Proposal shall not include any financial information relating to the Financial
Proposal.

2.14.6 The proposed team shall be composed of experts and specialists (the “Professional
Personnel”) in their respective areas of expertise and managerial/support staff (the “Support
Personnel”) such that the Consultant should be able to complete the Consultancy within the
specified time schedule. The Key Personnel specified in Clause 2.1.4 shall be included in the
proposed team of Professional Personnel. Other competent and experienced Professional
Personnel in the relevant areas of expertise must be added as required for successful
completion of this Consultancy. The CV of each such Professional Personnel, if any, should
also be submitted in the format at Form-6 of Appendix-I.

2.14.7 An Applicant may, if it considers necessary, propose suitable Sub-Consultants in specific

areas of expertise. Credentials of such Sub-Consultants should be submitted in Form-11 of
Appendix-I. A Sub-Consultant, however, shall not be a substitute for any Key Personnel.

2.14.8 The Authority reserves the right to verify all statements, information and documents,
submitted by the Applicant in response to the RFP. Any such verification or the lack of such
verification by the Authority to undertake such verification shall not relieve the Applicant of its
obligations or liabilities hereunder nor will it affect any rights of the Authority thereunder.

2.14.9 In case it is found during the evaluation or at any time before signing of the Agreement or after
its execution and during the period of subsistence thereof, that one or more of the eligibility

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conditions have not been met by the Applicant or the Applicant has made material
misrepresentation or has given any materially incorrect or false information, the Applicant
shall be disqualified forthwith if not yet appointed as the Consultant either by issue of the LOA
or entering into of the Agreement, and if the Selected Applicant has already been issued the
LOA or has entered into the Agreement, as the case may be, the same shall, notwithstanding
anything to the contrary contained therein or in this RFP, be liable to be terminated, by a
communication in writing by the Authority without the Authority being liable in any manner
whatsoever to the Applicant or Consultant, as the case may be.

In such an event, the Authority reserves the right to take action as per the Bid Security or Bid
Security Declaration for, inter alia, time, cost and effort of the Authority, without prejudice to
any other right or remedy that may be available to the Authority.

2.15 Financial Proposal / Bill-of-Quantity (BoQ)

2.15.1 Applicants shall submit online the financial proposal in the formats at Appendix-II (the
“Financial Proposal”, also referred to as the “Bill-of-Quantity”) clearly indicating the total
cost of the Consultancy (Item [G] of Form-2 of Appendix-II) in both figures and words, in Indian
Rupees (INR or Rs.), and signed by the Applicant’s Authorised Representative. In the event
of any difference between figures and words, the amount indicated in words shall prevail. In
the event of a difference between the arithmetic total and the total shown in the Financial
Proposal, the lower of the two shall prevail.

2.15.2 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 (Resident, in the field, office
etc.), accommodation, air fare, equipment, printing of documents, surveys, geo-technical
investigations 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) The Financial Proposal shall take into account all expenses and tax liabilities. For the
avoidance of doubt, it is clarified that all taxes shall be deemed to be included in the costs
shown under different items of the Financial Proposal. Further, all payments shall be
subject to deduction of taxes at source as per Applicable Laws.

(iii) Costs (including break down of costs) shall be expressed in INR.

2.16 Submission of Proposal

2.16.1 The Applicants shall submit electronically the Proposal with all pages numbered serially and
by giving an index of submissions. Each page of the submission shall be digitally signed by
the Authorised Representative of the Applicant as per the terms of the RFP. In case the
proposal is submitted on the document downloaded from Official Website, the Applicant shall
be responsible for its accuracy and correctness as per the version uploaded by the Authority
and shall ensure that there are no changes caused in the content of the downloaded
document. In case of any discrepancy between the downloaded or photocopied version of the
RFP and the original RFP issued by the Authority, the latter shall prevail.

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2.16.2 The proposal shall need to be submitted online on the GEM Portal itself; manual/offline bids
shall not be accepted under any circumstances. Also, the applicant shall have to separately
send Bid Security or Bid Security Declaration and Power of Attorney in original hard copy to
the Authority as specified in the Clause 2.13.4

2.16.3 The Technical and Financial bids must be submitted online in their respective folders., one
clearly marked “Technical Proposal” and the other clearly marked “Financial Proposal’.
The folder marked ―Technical Proposal shall contain:

(i) Application in the prescribed format (Form-1 of Appendix-I) along with Forms 2 to 13 of
Appendix-I and supporting documents; and

(ii) Scanned copy of Bid security or Bid Security Declaration as specified in Clause 2.20.1

The folder marked ―Financial Proposal shall contain the Financial Proposal in the prescribed
format (Forms 1, 2 & 3 of Appendix-II).

2.16.4 All pages of the Technical Proposal and Financial Proposal must be numbered and digitally
signed by the Authorised Representative of the Applicant.

2.16.5 The complete Proposal must be submitted online on or before 1400 hours on the Proposal
Due Date specified in Clause 1.8. Proposals submitted by post, fax, telex, telegram, in-person
or e-mail shall not be entertained.

2.16.6 The Proposal shall be made in the Forms specified in this RFP. Any attachment to such Forms
must be provided on separate pages and only information that is directly relevant should be
uploaded. This may include scanned photocopies of the relevant pages of printed documents.
No separate documents like printed annual statements, company brochures, etc. will be
entertained.

2.16.7 The rates quoted shall be firm throughout the period of performance of the assignment up to
and including acceptance of the Consultancy by the Authority and discharge of all obligations
of the Consultant under the Agreement.

2.17 Proposal Due Date

2.17.1 Proposal should be submitted online on the GEM portal, on or before 1400 hours on the
Proposal Due Date specified in Clause 1.8 in the manner and form as detailed in this RFP.
The Applicant is advised to retain the acknowledgement of the online submission of the bid
for future reference.

2.17.2 The Authority may, in its sole discretion, extend the Proposal Due Date by issuing an
Addendum in accordance with Clause 2.11 uniformly for all Applicants.

2.18 Late Proposals

Proposals submitted after the due date will not be accepted by the GEM portal and hence will
automatically be rejected. DMEO will in no case be responsible if the bid is not submitted
online with in the specified timelines.

2.19 Modification/ substitution/ withdrawal of Proposals

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2.19.1 The Applicant may modify, substitute, or withdraw its proposal by logging into the GEM portal
prior to the proposal due date and time.

2.19.2 No Proposal shall be modified, substituted, or withdrawn by the Applicant on or after the
Proposal Due Date.

2.19.3 Any request for alteration / modification in the Proposal or additional information or material
supplied subsequent to the Proposal Due Date, unless the same has been expressly sought
for by the Authority, shall be disregarded.

2.20 Bid Security

2.20.1 The Applicant shall furnish as part of its Proposal, a bid security of ₹ 1.5 lakhs in the form of
Insurance Surety Bonds, Demand Draft, Fixed Deposit issued by one of the Nationalised/
Scheduled Banks in India in favour of PAO, NITI Aayog payable at New Delhi (the ―Bid
Security), returnable not later than 30 (thirty) days from PDD except in case of the two highest
ranked Applicants as required in Clause 2.25.1. In the event that the first ranked Applicant
commences the assignment as required in Clause 2.30, the second ranked Applicant, who
has been kept in reserve, shall be returned its Bid Security forthwith, but in no case later than
120 (one hundred and twenty) days from PDD. After the award of the contract, the Selected
Applicant ‘s Bid Security shall be returned within 30(thirty) days on receipt of the performance
security in accordance with the provisions thereof. Bid securities of the unsuccessful bidders
during first stage i.e. technical evaluation, would be returned within 30 days of declaration of
results of the technical evaluation. In case of Govt-owned universities/academic institutions,
the Applicant shall furnish, as part of its Proposal, a Bid Security Declaration as per format
specified in Appendix-I Form-12. Universities/academic institutions (hereunder refer to the
universities/institutions) should be recognized by University Grant Commission or any State
or the Central Government

2.20.2 Any Bid not accompanied by the Bid Security or Bid Security Declaration, as the case may
be, shall be rejected by the Authority as non-responsive except the provision given in Clause
2.20.1.

2.20.3 The authority shall not be liable to pay any interest on the Bid Security and the same shall be
interest free

2.20.4 The Applicant, by submitting its Application pursuant to this RFP, shall be deemed to have
acknowledged that without prejudice to the Authority’s any other right or remedy hereunder
or in law or otherwise, the Authority reserves the right to forfeit the bid security or take action
as per the Bid Security Declaration for, inter alia, the time, cost and effort of the Authority in
regard to the RFP including the consideration and evaluation of the Proposal under the
following conditions:

(a) If an Applicant submits a non-responsive Proposal;

(b) If an Applicant engages in any of the Prohibited Practices specified in Section 4 of this
RFP;

(c) If an 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;

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(d) In the case of the Selected Applicant, if the Applicant fails to reconfirm its commitments
during negotiations as required vide Clause 2.25.1;

(e) In the case of a Selected Applicant, if the Applicant fails to sign the Agreement or
commence the assignment as specified in Clauses 2.29 and 2.30 respectively; or

(f) If the Applicant is found to have a Conflict of Interest as specified in Clause 2.3.

2.21 Performance Security

2.21.1 The Applicant, by submitting its Application pursuant to this RFP, shall be deemed to have
acknowledged that without prejudice to the Authority‘s any other right or remedy hereunder
or in law or otherwise, its Performance Security shall be forfeited and appropriated by the
Authority as the mutually agreed pre-estimated compensation and damages payable to the
Authority for, inter alia, the time, cost and effort of the Authority in regard to the RFP, including
the consideration and evaluation of the Proposal, under the following conditions:

(a) If an Applicant engages in any of the Prohibited Practices specified in Clause 4.1 of this
RFP;

(b) if the Applicant is found to have a Conflict of Interest as specified in Clause 2.3; and

(c) if the Selected Applicant commits a breach of the Agreement.

2.21.2 An amount equal to 3% (three per cent) of the Agreement Value shall be deemed to be the
Performance Security for the purposes of this Clause 2.21, which may be forfeited and
appropriated in accordance with the provisions hereof. Performance Security may be
furnished in the form of Insurance Surety Bond/Bank Guarantee (including e-Bank
Guarantee)/Account Payee Demand Draft, Fixed Deposit issued by one of the
Nationalized/Scheduled Banks in India.

D. Evaluation Process

2.22 Evaluation of Proposals

2.22.1 The Authority shall open the Proposals at 14:00 hours on the next working day after the
Proposal Due Date via online bid opening. The folder of Technical Proposal shall be opened
first. The folder of Financial Proposal shall be kept locked for opening at a later date.

2.22.2 Proposals withdrawn prior to proposal due date shall not be considered for evaluation in
accordance with Clause 2.19.

2.22.3 Prior to evaluation of Proposals, the Authority will determine whether each Proposal is
responsive to the requirements of the RFP. The Authority may, in its sole discretion, reject
any Proposal that is not responsive hereunder. A Proposal may be considered responsive if:

(a) the Technical Proposal is received in the form specified at Appendix-I; (all forms to be
uploaded in pdf form on GeM duly signed by the authorized signatory, statutory auditor
and/or key personnel, as applicable)

(b) it is received by the Proposal Due Date including any extension thereof pursuant to
Clause 2.17;

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(c) it is accompanied by the Bid Security or Bid Security Declaration as specified in Clause
2.20.1.

(d) it is digitally signed, numbered and submitted as stipulated in Clauses 2.13 and 2.16;

(e) it is accompanied by the Power of Attorney as specified in Clause 2.2.4;

(f) it contains all the information (complete in all respects) as requested in the RFP;

(g) it does not contain any condition or qualification; and

(h) it is not non-responsive in terms hereof.

2.22.4 The Authority reserves the right to reject any Proposal which is non-responsive and no request
for alteration, modification, substitution or withdrawal shall be entertained by the Authority in
respect of such Proposals.

2.22.5 The Authority shall subsequently examine and evaluate Proposals in accordance with the
Selection Process specified at Clause 1.6 and the criteria set out in Section 3 of this RFP.

2.22.6 After the technical evaluation, the Authority shall prepare a list of pre-qualified and shortlisted
Applicants in terms of Clause 3.2 for opening of their Financial Proposals. A date and time
will be notified to all Applicants for announcing the result of evaluation and opening of
Financial Proposals. Before opening of the Financial Proposals, the list of pre-qualified and
shortlisted Applicants along with their Technical Score will be uploaded. The Authority will not
entertain any query or clarification from Applicants who fail to qualify at any stage of the
Selection Process. The financial evaluation and final ranking of the Proposals shall be carried
out in terms of Clauses 3.3 and 3.4.

2.22.7 Applicants are advised that Selection shall be entirely at the discretion of the Authority.
Applicants shall be deemed to have understood and agreed that the Authority shall not be
required to provide any explanation or justification in respect of any aspect of the Selection
Process or Selection.

2.22.8 Any information contained in the Proposal shall not in any way be construed as binding on
the Authority, its agents, successors or assigns, but shall be binding against the Applicant if
the Consultancy is subsequently awarded to it.

2.22.9 Deviations/Omissions: During the evaluation of proposals, the following definitions apply:

a. “Deviation” is a departure from the requirements specified in the RFP document;

b. “Omission” is failing to submit part or all of the information or documentation required
in the RFP Document

The decision of the Authority shall be final in this regard.

2.23 Confidentiality

Information relating to the examination, clarification, evaluation, and recommendation for the
selection of Applicants shall not be disclosed to any person who is not officially concerned
with the process or is not a retained professional adviser advising the Authority in relation to
matters arising out of, or concerning the Selection Process. The Authority shall treat all

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information, submitted as part of the Proposal, in confidence and shall require all those who
have access to such material to treat the same in confidence. The Authority may not divulge
any such information unless it is directed to do so by any statutory entity that has the power
under law to require its disclosure or is to enforce or assert any right or privilege of the
statutory entity and/or the Authority or as may be required by law or in connection with any
legal process.

2.24 Clarification

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

2.24.2 If an Applicant does not provide clarifications sought under Clause 2.24.1 above within the
specified time, its Proposal shall be liable to be rejected. In case the Proposal is not rejected,
the Authority may proceed to evaluate the Proposal by construing the particulars requiring
clarification to the best of its understanding, and the Applicant shall be barred from
subsequently questioning such interpretation of the Authority.

E. Appointment of Consultant

2.25 Negotiations

2.25.1 The Selected Applicant may, if necessary, be invited for negotiations. The negotiations shall
generally be for re-confirming the obligations of the Consultant under this RFP. Issues such
as deployment of Key Personnel, understanding of the RFP, methodology and quality of the
work plan shall be discussed during negotiations. There shall be no change in the scope of
the work/services during negotiation. Upto two Key Personnel who is/are not eligible as
required under Clause 2.2.2 (D) shall be replaced by the Applicant with better candidate (s)
to the satisfaction of the Authority. In case the Selected Applicant fails to reconfirm its
commitment, the Authority reserves the right to forfeit the bid security or Bid security
declaration of the Applicant in accordance with the provisions of Clause 2.20.4.

2.25.2 The Authority will examine the CVs of all other Professional Personnel and those not found
suitable shall be replaced by the Applicant to the satisfaction of the Authority.

2.25.3 The Authority will examine the credentials of all Sub-Consultants proposed for this
Consultancy and those not found suitable shall be replaced by the Applicant to the satisfaction
of the Authority.

2.25.4 Before issuing a Letter of Award (LoA) to the successful Applicant, the Authority may, at its
discretion, ask the selected Applicant to submit self-attested copies of relevant
certificates for minimum educational qualifications and proof of relevant experiences,
given in the CVs in the proposal, of the Key Personnel for verification. If so decided, the
photocopies of such self-certified documents shall be verified and signed by the competent
officer and kept in the records as part of the contract agreement. If the consultant fails to
provide such originals or in case of substantive discrepancies in such documents, the
proposal will be considered as non-responsive and rejected thereon. In such cases, the
Authority may forfeit the Bid Security or/and initiate suitable action as per the provision of Bid
Security Declaration in addition to the other punitive actions in accordance with the provisions
of Section 4 of the RFP

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2.25.5 As a pre-requisite to the negotiations, the Selected Applicant shall confirm the availability of
all Key Personnel included in the Proposal. Failure to confirm the Key Personnel availability
may result in the Applicant’s Proposal being declared non-responsive and the Authority
proceeding to negotiate the Contract with the next-ranked responsive applicant.
Notwithstanding the above, the substitution of Key Personnel at the negotiations may be
considered if due solely to circumstances outside the reasonable control of and not
foreseeable by the applicant, including but not limited to death or medical incapacity. In such
case, the Selected Applicant shall offer a substitute Key Personnel within the period specified
in the invitation letter to negotiate the Contract, who shall have equivalent or better
qualifications and experience than the original candidate. Authority reserves its right to seek
during negotiations the replacement of the Key Personnel, subject to the maximum limit of
two, who are found to be ineligible.

2.25.6 The negotiations are concluded with a review of the finalized draft Contract, which shall be
initiated by the Authority and the Applicant’s authorized representative. If the negotiations fail,
the Authority shall inform the Applicant in writing of all pending issues and disagreements and
provide a final opportunity for the Applicant to respond. If disagreement persists, the Authority
shall declare the proposal nonresponsive, informing the Applicant of the reasons for doing so.
The Authority shall invite the next-ranked responsive Applicant to negotiate a Contract. Once
the Authority commences negotiations with the next-ranked Applicant, the Authority shall not
reopen the earlier negotiations. In case, the second ranked applicant is invited for negotiation,
the lower cost, as per financial proposals, between the highest ranked applicant and the
second highest ranked applicant shall be offered to the second highest ranked applicant for
the award of contract

2.26 Substitution of Key Personnel

2.26.1 The Authority will not normally consider any request of the Selected Applicant for substitution
of Key Personnel as the ranking of the Applicant is based on the evaluation of Key Personnel
and any change therein may upset the ranking. Substitution will, however, be permitted if the
Key Personnel is not available for reasons of any incapacity or due to health, subject to equally
or better qualified and experienced personnel being provided to the satisfaction of the
Authority.

2.26.2 The Authority expects all the Key Personnel to be available during implementation of the
Agreement. The Authority will not consider substitution of Key Personnel except for reasons
of any incapacity or due to health. Such substitution shall ordinarily be limited to one Key
Personnel subject to equally or better qualified and experienced personnel being provided to
the satisfaction of the Authority. As a condition to such substitution, a sum equal to 10% (ten
per cent) of the remuneration specified for the original Key Personnel shall be deducted from
the payments due to the Consultant. In the case of a second substitution hereunder, such
deduction shall be 20% (twenty per cent) of the remuneration specified for the original Key
Personnel. Any further substitution may lead to disqualification of the Applicant or termination
of the Agreement.

2.26.3 Substitution of the Team Leader will not normally be considered and may lead to
disqualification of the Applicant or termination of the Agreement.

2.26.4 In case the Authority is not satisfied with the performance of any Key Personnel, the Authority
may initiate a request for substitution of such Key Personnel. This substitution will also be
subject to payment deductions as described in Clause 2.26.2.

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2.27 Indemnity

The Consultant shall, subject to the provisions of the Agreement, indemnify the Authority for
an amount not exceeding 3 (three) times the value of the Agreement for any direct loss or
damage that is caused due to any deficiency in services.

2.28 Award of Consultancy

After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by the Authority to
the Selected Applicant and the Selected Applicant shall, within 7 (seven) days of the receipt
of the LOA, sign and return the duplicate copy of the LOA in acknowledgement thereof. In the
event the duplicate copy of the LOA duly signed by the Selected Applicant is not received by
the stipulated date, the Authority may, unless it consents to extension of time for submission
thereof, reserves the right to take action as per the Bid Security or Bid Security Declaration of
such Applicant as mutually agreed genuine pre-estimated loss and damage suffered by the
Authority on account of failure of the Selected Applicant to acknowledge the LOA, and the
next highest ranking Applicant may be considered.

2.29 Execution of Agreement

After acknowledgement of the LOA as aforesaid by the Selected Applicant, it shall execute
Agreement within the period prescribed in Clause 1.8. The Selected Applicant shall not be
entitled to seek any deviation in the Agreement.

2.30 Commencement of assignment

The Consultant shall commence the Services within 7 (seven) days of the date of the
Agreement, or such other date as may be mutually agreed. If the Consultant fails to either
sign the Agreement as specified in Clause 2.29 or commence the assignment as specified
herein, the Bid Security of the consultant shall be forfeited or or action shall be undertaken by
the Authority as per the Bid Security Declaration in accordance with the provisions of Clause
2.20.4.

2.31 Proprietary Data

Subject to the provisions of Clause 2.23, all documents and other information provided by the
Authority or submitted by an Applicant to the Authority shall remain or become the property
of the Authority. Applicants and the Consultant, as the case may be, are to treat all information
as strictly confidential. The Authority will not return any Proposal or any information related
thereto. All information collected, analyzed, processed or in whatever manner provided by the
Consultant to the Authority in relation to the Consultancy shall be the property of the Authority.
The Consultant shall make suitable arrangements for the preservation of data collected during
the study, such as filled in schedules, tabulation or working sheets, reports, photographs etc.,
relating to the Project in electronic form and this shall be shared with the Authority at the time
of submission of Final report. The ownership of all such data shall remain with the Authority.
All raw data compiled during the consultancy assignment shall be transferred to the authority.
No data collected in context of the study may be destroyed or otherwise disposed of or given
to any other organization/individual, unless so approved by the Authority.

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3. Criteria for Evaluation

3.1 Evaluation of Technical Proposals

3.1.1 In the first stage, the Technical Proposal will be evaluated based on Applicant’s experience,
its understanding of TOR, proposed methodology and Work Plan, and the experience and
qualifications of the proposed Key Personnel. Only those Applicants whose Technical
Proposals get a score of 70 (seventy) marks or more out of 100 (one hundred) shall qualify
for further consideration and shall be ranked from highest to the lowest based on their
technical score (ST).

3.1.2 A Proposal shall be rejected if any three of the Key Personnel are not eligible. In case the
Selected Applicant has one or two Key Personnel who is/are not eligible, she/ they would
have to be replaced during negotiations, with a better candidate (s) who, in the opinion of the
Authority, would be eligible as per the Clause 2.2.2 (D)..

3.1.3 The scoring criteria to be used for evaluation shall be as follows:

S.No. Parameter Maximum Criteria
Marks
1 Relevant 30 30% of the maximum marks shall be awarded for the
Experience of number of Eligible Assignments undertaken by the
the Applicant Applicant. Maximum 10 assignments can be submitted by
the applicant. (Comparative marking)
The remaining 70% shall be awarded based on the
following:
(a) Average Sample Size of Eligible Assignments (Max
Marks: 7 marks)
 Sample size of 100 to 250 respondents: 3.5 marks
 Sample size of above 250 respondents: 7 marks
(b) Average turnover of the Applicant for 3 years (Max: 7
marks)
 2 crore to 4 crores: 3.5 marks
 Above 4 crores: 7 marks
(c) Average value of eligible assignments (Max: 7
Marks):
 25 lakhs to 40 lakhs: 3.5 marks
 Above 40 lakhs: 7 marks
2 Proposed 40 Evaluation will be based on the quality of submissions, as
Methodology per Appendix-I Form-7 and the presentation made by the
and Work Plan Applicant6 (40 marks)
*Higher marks to be awarded for
collaboration/consortium/ partnership with academic
institutions7.
3 Experience of 30
Proposed Key

6
The presentation shall be made by Team Leader and Deputy Team Leader. In case of absence of Team leader
and deputy team leader during presentation, the proposal may be rejected by the Authority.
7
Letter of Intent needs to be submitted prior to award of the contract.

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S.No. Parameter Maximum Criteria

Marks
Personnel of The marks shall be awarded based on the relevant
the Applicant experience, which are given below:
3.1 Team Leader 12 3.1 Team leader (Maximum 12 marks)
3.2 Deputy Team 8
a 8 to 10 years: 8 marks
Leader
3.3 Senior 6 b Above 10 years: 12 marks
Researcher
3.4 Junior 4 3.2 Deputy team leader (Maximum 8 marks)
Researcher a 5 to 8 years: 5 marks
b Above 8 years: 8 marks

3.3 Senior Researcher (Maximum 6 marks)

a 5 to 8 years: 4 marks
b Above 8 years: 6 marks

3.4 Junior Researcher (Maximum 4 marks)

a 1 to 3 years: 3 marks
b Above 3 years: 4 marks
Total 100

While awarding marks for the number of Eligible Assignments, the Applicant that has
undertaken the highest number of Eligible Assignments shall be entitled to the maximum
score for the respective category and all other competing Applicants shall be entitled to a
proportionate score. Please note that the Applicant can submit a maximum number of 10
eligible assignments.

3.1.4 Eligible Assignments

To determine Conditions of Eligibility and to evaluate the Proposals under this RFP, advisory/
consultancy assignments for the following projects shall be deemed as eligible assignments
(the “Eligible Assignments”):

 A research/evaluation study conducted for Union/State Government, regulatory

commission, tribunal, multilateral agencies, statutory authorities, public sector entities etc in
India covering a minimum sample size of 100 respondents, including Key Informant
Interviews, Households and Focussed Group Discussions

 Provided that the Eligible Assignments have been completed in the 5 (five) financial years
preceding the PDD.

 The Applicant firm claiming credit for an Eligible Assignment shall have professional fees of
at least Rs 25 lakhs for such assignment.

 For the avoidance of doubt, professional fees hereunder refer to the value of the contract/
work order/ agreement awarded to the Applicant for providing advisory or consultancy
services by its client.

 For the Eligible Assignments, the Applicant firm shall provide requisite supporting
documents such as copies of work orders, contracts, agreements etc. The professional fees
for the assignment should be clearly mentioned in the supporting documents provided. In

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the absence of supporting documents with requisite details, the assignment will not be
considered as Eligible Assignment.

3.2 Short-listing of Applicants

Of the Applicants ranked as aforesaid, not fewer than three (3) shall be pre-qualified and
short-listed for financial evaluation in the second stage.

3.3 Evaluation of Financial Proposals

3.3.1 In the second stage, the financial evaluation will be carried out as per this Clause 3.3. Each
Financial Proposal will be assigned a financial score (S F).

3.3.2 For financial evaluation, the total cost indicated in the Financial Proposal, excluding Additional
Costs, will be considered. Additional Costs shall include items specified as such in Form-2 of
Appendix-II.

3.3.3 The Authority will determine whether the Financial Proposals are complete, unqualified and
unconditional. The cost indicated in the Financial Proposal shall be deemed as final and
reflecting the total cost of services. Omissions, if any, in costing any item shall not entitle the
firm to be compensated and the liability to fulfil its obligations as per the TOR within the total
quoted price shall be that of the Consultant The lowest Financial Proposal (FM) will be given
a financial score (SF) of 100 points. The financial scores of other proposals will be computed
as follows:

SF = 100 x FM/F

(F = amount of Financial Proposal)

3.4 Combined and Final Evaluation

3.4.1 Proposals will finally be ranked according to their combined technical (S T) and financial (SF)
scores as follows:

S = ST x Tw + SF x Fw

Where, S is the combined score, and Tw and Fw are weights assigned to Technical Proposal
and Financial Proposal, which shall be 0.70 and 0.30 respectively.

3.4.2 The Selected Applicant shall be the first ranked Applicant (having the highest combined
score). The second ranked Applicant shall be kept in reserve and may be invited for
negotiations in case the first-ranked Applicant withdraws, or fails to comply with the
requirements specified in Clauses 2.25, 2.29 and 2.30, as the case may be.

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4. Fraud and Corrupt Practices

4.1 The Applicants and their respective officers, employees, agents and advisers shall observe
the highest standard of ethics during the Selection Process. Notwithstanding anything to the
contrary contained in this RFP, the Authority shall 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 an agent, 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 Authority shall, without prejudice to its any
other rights or remedies, take action as per the Bid Security or Bid Security Declaration, or
forfeit and appropriate the Performance Security, as the case may be, as mutually agreed
genuine pre-estimated compensation and damages payable to the Authority for, inter alia,
time, cost and effort of the Authority, in regard to the RFP, including consideration and
evaluation of such Applicant’s Proposal.

4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the rights
and remedies which the Authority may have under the LOA or the Agreement, if an Applicant
or Consultant, as the case may be, is found by the Authority to have directly or indirectly or
through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice during the Selection Process, or after the
issue of the LOA or the execution of the Agreement, such Applicant or Consultant shall not
be eligible to participate in any tender or RFP issued by the Authority during a period of 2
(two) years from the date such Applicant or Consultant, as the case may be, is found by the
Authority 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.

4.3 For the purposes of this Section, the following terms shall have the meaning hereinafter
respectively assigned to them:

(a) “corrupt practice” means making an offer, solicitation or acceptance of a bribe,

reward or gift or any material benefit in exchange for an unfair advantage in the
Procurement Process or to otherwise influence the Procurement Process

(b) fraudulent practice” means any omission or misrepresentation that may mislead or
attempt to mislead so that financial or other benefits may be obtained or an obligation
avoided. Such practices include a false declaration or false information for
participation in a Procurement Process or to secure a Contract, or in the execution of
the agreement

(c) coercive practice” means harming or threatening to harm persons or their property
to influence their participation in the Procurement Process or affect the execution of
the agreement

(d) “Anti-competitive practice” means any collusion, Proposal-rigging or anti-

competitive arrangement, or any other practice coming under the purview of the
Competition Act, 2002, between two or more Applicants, with or without the
knowledge of the Authority, that may impair the transparency, fairness, and the
progress of the Procurement Process or to establish Proposal prices at artificial, non-
competitive levels

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(e) Conflict of interest” means participation by a bidding firm or any of its affiliates who
are either involved in the Consultancy Contract to which this procurement is linked; if
they are part of more than one Proposal in the procurement; or if their personnel have
a relationship or financial or business transactions with any official of Authority who
are directly or indirectly related to tender or execution process of contract; or improper
use of information obtained by the (prospective) Applicant from the Authority with an
intent to gain unfair advantage in the Procurement Process or for personal gain

(f) “Obstructive practice” means materially impede Authority’s investigation into

allegations of one or more of the above-mentioned prohibited practices either by
deliberately destroying, falsifying, altering; or concealing evidence material to the
investigation; or by making false statements to investigators and/ or by coercive
practices mentioned above, to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation, or by impeding the
Authority’s rights of an audit or access to information

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5. Pre-Proposal Conference

5.1 Pre-Proposal Conference of the Applicants shall be convened at the designated date, time
and place. Only those Applicants, who have downloaded the RFP document from the Official
Website of the Authority, shall be allowed to participate in the Pre-Proposal Conference. A
maximum of two representatives of each Applicant shall be allowed to participate on
production of an authority letter from the Applicant.

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

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6. Miscellaneous

6.1 The Selection Process shall be governed by, and construed in accordance with, the laws of
India and the Courts in the State in which the Authority has its headquarters shall have
exclusive jurisdiction over all disputes arising under, pursuant to and/or in connection with the
Selection Process.

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

(a) suspend and/or cancel the Selection Process and/or amend and/or supplement the Selection
Process or modify the dates or other terms and conditions relating thereto;

(b) consult with any Applicant in order to receive clarification or further information;

(c) retain any information and/or evidence submitted to the Authority by, on behalf of and/or in
relation to any Applicant; and/or

(d) independently verify, disqualify, reject and/or accept any and all submissions or other
information and/or evidence submitted by or on behalf of any Applicant.

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

6.4 All documents and other information supplied by the Authority or submitted by an Applicant
shall remain or become, as the case may be, the property of the Authority. The Authority will
not return any submissions made hereunder. Applicants are required to treat all such
documents and information as strictly confidential.

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

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Schedules

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Schedule 1: Terms of Reference

(See Clause 1.1.3)

TERMS OF REFERENCE

FOR

Evaluation of Capacity Building and Human

Resource Development Scheme of CSIR

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Contents:

1. Background

2. Objectives of the Evaluation Study

3. Scope of Services

4. Data Collection and Methodology

5. Stakeholders to be consulted

6. Deliverables and Timelines

7. Payment Schedule

8. Indicative Report Structure of the Final Evaluation Report

9. Reporting

10. Meetings

11. Miscellaneous

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1. Background
The Department of Scientific and Industrial Research (DSIR) is a part of the Ministry of Science
and Technology. The Department of Scientific and Industrial Research (DSIR) is mandated to carry
out the activities relating to the promotion, development, utilization and transfer of indigenous
technology.
The Council of Scientific & Industrial Research, established in 1942, is an autonomous body known
for its excellence in R&D and S&T innovations. CSIR has a pan India presence through its network
of 38 national Laboratories, which undertake well-focused basic and applied research in diverse
fields of science and technology.
Among the schemes implemented by CSIR, Capacity Building and Human Resource Development
is an umbrella scheme which aims (i) to nurture the budding scientific talent for doing research
through PhD programmes and post doctoral research in the country; (ii) to promote research work
in the field of Science & Technology through financial assistance; (iii) to promote excellence and
recognize outstanding contributins made by young/senior/outstanding scientists; and (iv) to
provide platform for professionals, scientists, research and educational instituions to organize
symposia/conference. The budget outlay of the Capacity Building and Human Resource
Development Scheme is Rs. 564 crores in the financial year 2022-23. The detailed scheme
components and their objectives, along with the budget, of the scheme are given in Annexure 1.
In addition, CSIR has initiated various doctoral and postdoctoral fellowship schemes over the years
to benefit students to pursue their research interests in multiple areas of Science & Technology,
the most noteworthy among these is CSIR-UGC National Eligibility Test for JRF and Eligibility for
Lectureship. Besides doctoral and postdoctoral programmes, CSIR has been running the
Extramural Research Scheme for Universities and R&D institutions since 1943. Around 98% of the
expenditure under the scheme comes from doctoral and post doctoral fellowships and extramural
research and emeritus scientist scheme. Therefore, these two components of the scheme are
considered for evaluation. Department of Expenditure mandated that the third-party evaluation of
scheme should be conducted for their continuation to the term of Fifteenth Finance Commission
cycle started from 2021-22 to 2025-26.This evaluation is being undertaken by Development
Monitoring and Evaluation Office on the request of the Department of Scientific and Industrial
Research (DSIR).

2. Objectives of the Evaluation Study

The following are the objectives of the evaluation study:

a. To assess the reach and coverage of various components
b. To assess the efficiency of various mechanisms followed such as timeliness of the disbursal
of grants/fellowships
c. To assess the monitoring, transparency, and accountability mechanisms
d. To assess the impact of the grants/fellowships/scholarships
e. To assess the coherence of the scheme with other similar schemes implemented by the
Government of India in the Science & Technology (S&T) domain
f. To document the best practices of S&T Human Resource Development of International
Institutes similar to CSIR
g. To recommend continuing the schemes in their current form, modify, scale up or scale down
h. To make suggestions/recommendations for achieving sustainable development goals and
other international benchmarks

3. Scope of Services
The Scope of Services involving Analysis and Report Writing of the selected Consultant will include:
a. Preparation of Inception report, inter-alia, includes the following:
 Findings from the secondary research/ meta-analysis including international
benchmarking
 Overview of Indian S&T Sector Contribution
 Overview of globally competitive and benchmarked organizations similar to CSIR
 Finalizing the set of key indicators
 Finalising the required research tools
 Plan for training/capacity building of the field investigators

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b. Mid-term Report and presentation with initial findings of the study along with the details of
the following:
 SWOT Analysis
 Piloting of the tools
 Training Report
 Learning from the piloting
 Changes in the research tools after piloting, if any
c. Draft Evaluation Report and presentation for stakeholder consultations
d. Final Evaluation Report and presentation after incorporation of inputs from all the concerned
stakeholders
e. Miscellaneous
 Putting in place appropriate IT hardware and application software for data collection
and management
 Establishment of a managerial structure for field operations for primary data
collection
 Submit weekly progress reports
 Conducting stakeholders’ consultations during the course of the study.
 Collecting and compiling the quality data from beneficiaries.
 High-quality data management and adherence to quality assurance mechanisms as
per agreed protocols, plans and schedules.
 Adhere to ethical protocols and data confidentiality, norms
 The survey agency shall record telephonic interviews, email responses for
necessary verification and validation that may be required for managing survey
quality
 Collation and data cleaning
 Running data analysis and submitting cross-tabulations/summarizations
 Incorporating concurrent feedback into the workflow
 The consultant shall maintain high-quality in the report content which will be peer-
reviewed by DMEO. The flow of findings and recommendations shall be clearly
indicated in the report based on intellectual rigour. In case of any compromise in the
quality, the suitable penalty would be imposed on the consultant as per the
provisions given in the RFP.
 All the reports are required to be submitted in hard copy (10 No.s) as well as in soft
copy. A synopsis of the Final Evaluation Report is also required to be submitted
separately. In addition to the reports, for further analysis in future, verifiable raw data
in soft copy should also be shared with DMEO, NITI Aayog. This will include
detailed transcriptions of key informant interviews and focus group discussions as
well as raw data in MS Excel/CSV format

4. Data Collection and Methodology

I. Primary Data Collection:
a. The reference period for the study is 2015-16 to 2021-22 .A mixed-method study design will
be utilized for this study. Under this, the quantitative and qualitative phases will be
implemented to assess the objectives mentioned in the earlier section. The primary data
collection will have the following indicative components:
i. Key Informant Interviews: KIIs will have to be conducted with government officers
involved directly or indirectly in the implementation of the scheme from the department.
The academia and researchers will be selected for the institution from 5 regions (given
in the table below) for KII. The minimum number of KIIs to be conducted with each
stakeholder is mentioned in the table below. The selection of suitable experts for KIIs will
be made in consultation with DMEO. The Consultant will finalize the KII guide in
consultation with DMEO

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ii. Focus Group Discussions: Focused Group Discussion (FGDs) will have to be
conducted with researchers, scientists and professors including non-beneficiaries. FGD
participants can be selected from the same institutions that are covered in the quantitative
exercise. The Consultant will finalize the FGD guide in consultation with DMEO.
iii. Beneficiaries: The beneficiary-level survey will be conducted with the current and past
beneficiaries under different components of the scheme. The Consultant will finalize the
beneficiary level tool in consultation with DMEO.
Region-wise list of states are given below:
S.No. Region State
1 North & Chandigarh, Chhattisgarh, Delhi, Haryana, Madhya Pradesh,
Central Punjab, Uttar Pradesh
2 South Andhra Pradesh, Karnataka, Kerala, Lakshadweep,
Puducherry, Tamil Nadu, Telangana
3 East Andaman & Nicobar Islands, Bihar, Jharkhand, Orissa, West
Bengal
4 West Dadra & Nagar Haveli, Daman & Diu, Goa, Gujarat,
Maharashtra, Rajasthan
5 North East Arunachal Pradesh , Assam, Manipur, Meghalaya, Mizoram,
and Hilly Nagaland, Sikkim, Tripura, Himachal Pradesh, Jammu &
States Kashmir, Uttarakhand

b. Sampling- The sample for the Key Informant Interviews (KIIs), Focused Group Discussions
(FDGs) and Beneficiaries must be designed so that the sample is spread over geographic
sub-areas and population sub-groups properly. The size of the sample must take into
account competing needs so that costs and precision are optimally balanced. Considering
the limited time, a survey in different identified states should be conducted simultaneously.

A minimum of 125 KIIs, 40 FGDs, 1,000 beneficiary level survey are proposed to be
conducted with the relevant stakeholders to evaluate the Scheme. There should be an
appropriate representation of women in the primary data collection. The indicative sampling
frame for the KIIs and FGDs is given below. However, it is essential to note that these
numbers are indicative and that the Consultant may suggest their methodology best suited
to meet the objectives of the evaluation. The final methodology will be based on the approval
of DMEO.

Distribution of KIIs, FGDs and Survey across Stakeholders:

S.No. Category KII FGD
1 Govt. officers (Including State Govts, if any) 5 0
2 Academia 20 0
3 Researchers/Professors/Scientist/Institution 100 40
supported8
Total 125 40
Beneficiary level Survey
4 Survey (online/offline) with beneficiaries 9 1,000

8
At least, 20% of the researchers should have completed their fellowship period and also it can be done via
audio/video/physically/suitable online mode.
9
Consultant may propose the sampling for selecting past and current beneficiaries.

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c. Selection of Sample for Institutions: A comprehensive list of institutions supported by the

departments will be shared with the Consultant. At least 50 institutions (10 per region)
supported by CSIR will have to be visited by the Consultant, who will have to conduct
interviews and collect data in the developed tool with the approval of DMEO. Furthermore,
the Consultant is also required to do at least 40 FGD (including at least 10 FGDs with
non-beneficiaries), with a minimum of 5 members in each FGD, with the researchers
working in the institutions.
d. Analysis: Indicative list of parameters to be used in qualitative and quantitative analysis:
i. Geographical coverage of the scheme benefits
ii. Institution type wise beneficiary coverage
iii. Stream wise allocation of funds for research
iv. Stream wise researchers supported through fellowships
v. Stream wise women participation
vi. Stream wise participation of OBC/SC/ST
vii. Research Fellows completed PhDs;
viii. Research Fellows Dropouts before completion of tenure
ix. Research Fellows completed Ph.Ds within the valid tenure
x. Researcher working in India and Abroad (post completion of fellowship)
xi. Number of SCI papers published
xii. Total Impact Factor of the research papers
xiii. Number of patents filled and granted (India and Abroad)
xiv. Number of products commercialized
xv. Analysis of the optimal interse allocation of funds to CSIR fellowships vis-a-vis
other streams
xvi. Optimal breakup of fellowships amongst the various disciplines
xvii. Distribution of research fellows working in, after completion of fellowships:
o Academic vs industry
o Research Administration

The consultant should propose a comprehensive list of parameters and indicators for data
collection and analysis. The same shall be finalized in consultation with DMEO.
e. Mechanism to ensure Data Quality: A multi-pronged robust quality control process must
be followed during data collection. The following aspects need to considered:
i. The field investigators to be engaged in conducting the key informant interviews in
R&D domain and FGDs should have at least 1 year of experience conducting similar
surveys/interviews. 2-step training (classroom and then on-the-field training) should
be conducted for all field investigators.
ii. It is recommended that pilot study should be conducted on at least 2% of the sample
size for Key Informant Interviews, FGDs and beneficaries to fine tune the survey
tools. A brief on the learnings from such a pilot exercise and subsequent
improvements in the tools/questionnaires should also be shared with DMEO.
iii. 100% data collected should be validated using a validation checklist. Missing data
points should be recollected.
iv. In the case of FGDs/beneficaries, at least 50% of data should also be telephonically
verified, and if not verified via phone, back checks should be undertaken to ensure
at least 50% data verification.
Use of mobile-based, near real-time and geo-tagged data collection and validation tools should be
done to ensure efficiency and accuracy in data collection. Access to tools and data should be provided
to the Authority
II. Secondary Data Analysis:
Secondary data sources such as annual reports of the respective departments, budget
documents, existing evaluation reports, international benchmarks, performance report of
international peer institution, articles, research papers of peer received journals, administrative

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and MIS data will need to be utilized for analysis. This would also include secondary data analysis
for the components related to the funding of Institutions and PI- Projects.

5. List of Stakeholders to be Consulted:

An indicative list of stakeholders to be interacted with during the key informant interviews and FGDs
is given below:
S.No. Type of Stakeholders Stakeholders (KIIs and FGDs)
1 Government officers  Current officials from the CSIR who are directly/indirectly
involved in the scheme implementation
2 Academia  Professors and scientists from Research and Academic
Institutes
3 Researchers/Professors/  Individuals who are past and current beneficiaries
Scientist

The list is not exhaustive and the consultant may add more stakeholders based on findings from
secondary research and meta-analysis.

6. Deliverables and Timelines

Timelines along with the deliverables are given in Table 6.1.

Table 6.1: Timeline for Deliverables

S. No Deliverables Deadline

1 Signing of Contract T

2 Inception Report T+21 days

3 Mid-term Report T+55 days

4 Draft Evaluation Report T+95 days

5 Sign-off on the Final Evaluation Report T+120 days

7. Payment Schedule

The payment schedule linked to the specified deliverables above is given below:
Table 7.1: Payment schedule

Key Date No. Description of Deliverables Payment

KD1 Inception Report approved by Authority 20%

KD2 Mid-term Report approved by Authority 20%

KD3 Draft Evaluation Report 30%

KD4 Final Evaluation Report approved by Authority 30%

Total 100%

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8. Indicative Structure of the Evaluation Report

The Final Evaluation Report should cover the following aspect:

1) Preface
2) Executive Summary
3) International Benchmarking (CSIR vs International Peer Institution)
4) Schemes Overview
4.1. Brief background
4.2. Key Trends/ drivers in the Sector
4.3. About the Schemes
4.4. Scheme Objectives
4.5. Implementation mechanisms
4.6. Intended contribution to SDGs
4.7. Nature of evaluation studies and their key findings - Gaps therein
5) Study Objectives
6) Study Approach & Methodology (Brief discussion in the main report. The details will go in the
appendix)
6.1. Overall approach
6.2. Field Study methodology
i. Qualitative
1. Stakeholder & geographical coverage
2. Tools
ii. Quantitative
1. Sampling - Geographical coverage & respondent profile
2. Sample size
3. Sample selection
4. Tools
7) Observations & Recommendations
7.1. Scheme level
i. Scheme level performance - Outputs & Outcomes
ii. Actual contribution of specific scheme to sectoral performance (contrast, if
any, with intended contribution)
iii. Key issues/challenges & their root causes
iv. Key recommendations/Way Forward -:
a. Governance
b. Convergence
c. Fund Flow efficiency & Utilization
d. M&E systems
e. Any other relevant aspect
v. Interventions in Cross-sectional areas –
a. Accountability & Transparency
b. Use of IT/Technology in driving efficiency
c. Social Inclusion
d. Gender Mainstreaming
e. Any other relevant cross-sectional area
vi. Need for modifications/deletions/additions to fill-in gaps
8) Conclusions
8.1. Summary of the findings
8.2. Way Forward
9) References & Appendices
9.1. Appendix 1 - Details of Key Informant Interviews and FGDs
i. Appendix 1a - Scheme wise list of stakeholders interviewed

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Sr. Concerned Date of Name & Designation of Name of

No. Scheme Interaction the key informant Organization
interviewed

ii. Appendix 1b - Geography-wise sample Size covered under FGDs

iii. Appendix 1c – List of beneficiaries interviewed

9. Reporting:

a. The Consultant will work closely with the Authority. The Authority has established a Working
Group (the “WG”) to enable conduct of this assignment. A designated Project Director of the
Authority will be responsible for the overall coordination and project development. He will
play a coordinating role in dissemination of the Consultant’s outputs, facilitating discussions,
and ensuring required reactions and responses to the Consultant.
b. The Consultant may prepare Issue Papers highlighting issues that could become critical for
the timely completion of the Project and that require attention from the Authority.
c. The Consultant will make a presentation on the Inception Report, Mid-term Report and Draft
Evaluation Report for discussion with the WG at a meeting. This will be a working document.
The Consultant is required to prepare and submit a weekly update that includes and
describes, inter alia, general progress to date; data and reports obtained and reviewed,
conclusions to date, if any; concerns about availability of, or access to, data, analyses,
reports; questions regarding the TOR or any other matters regarding work scope and related
issues; and so on. The Consultants’ work on the TOR tasks should continue while the report
is under consideration and is being discussed.
d. Regular communication with the WG and the Project Director is required in addition to all
key communications. This may take the form of telephone/ teleconferencing, emails, faxes,
and occasional meetings.

10. Meetings:

The Authority may review with the Consultant, any or all of the documents and advice forming part of
the Consultancy, in meetings and conferences held at the Authority’s office. No travel time allowance
shall be payable for attending meetings at Authority’s office. The consultant is required to work from
the Authority’s office, if required.

11. Miscellaneous:

a. The Consultant may have/establish an office in Delhi/NCR, for efficient and coordinated
performance of its Services. All the Key Personnel shall be deployed at this office during the
duration of the project as specified in the Manning Schedule forming part of the Agreement.
The authorised officials of the Authority may visit the Consultant’s Project Office or field
locations any time during office hours for inspection and interaction with the Consultant’s
Personnel.
b. The Consultant shall mobilise and demobilise its Professional Personnel and Support
Personnel with the concurrence of the Authority and shall maintain the time sheet/ attendance
sheet of the working of all Personnel in the Project Office. These time sheets/ attendance
sheets shall be made available to the Authority as and when asked for and a copy of such
record shall be submitted to the Authority at the end of each calendar month.
c. All the study outputs including primary data shall be compiled, classified and submitted by the
Consultant to the Authority in soft form apart from the reports indicated in the Deliverables
(Paragraph 6). The study outputs shall remain the property of the Authority and shall not be

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used for any purpose other than that intended under these Terms of Reference without the
permission of the Authority. The Consultancy shall stand completed on acceptance by the
Authority of all the Deliverables of the Consultant and execution of the Agreement. The
Authority shall issue a certificate to that effect. The Consultancy shall in any case be deemed
to be completed by mutual consent of the Authority and the Consultant

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Schedule 2: Form of Agreement

(See Clause 2.1.3)

AGREEMENT

FOR

Evaluation of Capacity Building and Human

Resource Development Scheme of CSIR

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CONTENTS

1. General

1.1 Definitions and Interpretation

1.2 Relation between the Parties
1.3 Rights and Obligations
1.4 Governing law and jurisdiction
1.5 Language
1.6 Table of contents and headings
1.7 Notices
1.8 Location
1.9 Authority of Member-in-Charge
1.10 Authorised representatives
1.11 Taxes and duties

2. Commencement, Completion and Termination of Agreement

2.1 Effectiveness of Agreement

2.2 Commencement of Services
2.3 Termination of Agreement for failure to commence Services
2.4 Expiry of Agreement
2.5 Entire Agreement
2.6 Modification of Agreement
2.7 Force Majeure
2.8 Suspension of Agreement
2.9 Termination of Agreement

3. Obligations of the Consultant

3.1 General
3.2 Conflict of Interest
3.3 Confidentiality
3.4 Liability of the Consultant
3.5 Insurance to be taken out by the Consultant
3.6 Accounting, inspection and auditing
3.7 Consultant’s actions requiring the Authority’s prior approval
3.8 Reporting obligations
3.9 Documents prepared by the Consultant to be the property of the Authority
3.10 Equipment and materials furnished by the Authority
3.11 Providing access to the Project Office and Personnel
3.12 Accuracy of Documents

4. Consultant’s Personnel and Sub-Consultant

4.1 General
4.2 Deployment of Personnel
4.3 Approval of Personnel
4.4 Substitution of Key Personnel
4.5 Working hours, overtime, leave etc.
4.6 Resident Team Leader and Project Manager

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4.7 Sub-Consultants

5. Obligations of the Authority

5.1 Assistance in clearances etc.

5.2 Access to land and property
5.3 Change in Applicable Law
5.4 Payment

6. Payment to the Consultant

6.1 Cost estimates and Agreement Value

6.2 Currency of payment
6.3 Mode of billing and payment

7. Liquidated damages and penalties

7.1 Performance Security

7.2 Liquidated Damages
7.3 Penalty for deficiency in Services

8. Fairness and Good Faith

8.1 Good Faith

8.2 Operation of the Agreement

9. Settlement of Disputes

9.1 Amicable settlement

9.2 Dispute resolution
9.3 Conciliation
9.4 Arbitration
ANNEXES
Annex-1: Terms of Reference
Annex-2: Deployment of Personnel
Annex-3: Estimate of Personnel Costs
Annex-4: Approved Sub-Consultant(s)
Annex-5: Cost of Services
Annex-6: Payment Schedule
Annex-7: Bank Guarantee for Performance Security

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AGREEMENT

Consultancy for Evaluation of Capacity Building and Human Resource Development Scheme
of CSIR

This AGREEMENT (hereinafter called the “Agreement”) is made on the ...........………. day of the
month of ………… 20…, between, on the one hand, the President of India acting through Development
Monitoring & Evaluation Office (hereinafter called the “Authority” which expression shall include their
respective successors and permitted assigns, unless the context otherwise requires) and, on the other
hand, …………………………………. (hereinafter called the “Consultant” which expression shall
include their respective successors and permitted assigns).

WHEREAS

(A) The Authority vide its Request for Proposal for conducting an Evaluation Study (hereinafter
called the “Consultancy”) for the Evaluation of Capacity Building and Human Resource
Development Scheme of CSIR (hereinafter called the “Project”);

(B) the Consultant submitted its proposals for the aforesaid work, whereby the Consultant
represented to the Authority that it had the required professional skills, and in the said
proposals the Consultant also agreed to provide the Services to the Authority on the terms
and conditions as set forth in the RFP and this Agreement; and

(C) the Authority, on acceptance of the aforesaid proposals of the Consultant, awarded the
Consultancy to the Consultant vide its Letter of Award dated .................. (the “LOA”); and

(D) in pursuance of the LOA, the parties have agreed to enter into this Agreement.

NOW, THEREFORE, the parties hereto hereby agree as follows:

1. General

1.1 Definitions and Interpretation

1.1.1 The words and expressions beginning with capital letters and defined in this Agreement shall,
unless the context otherwise requires, have the meaning hereinafter respectively assigned to
them:

(a) “Additional Costs” shall have the meaning set forth in Clause 6.1.2;

(b) “Agreement” means this Agreement, together with all the Annexes;

(c) “Agreement Value” shall have the meaning set forth in Clause 6.1.2;

(d) “Applicable Laws” means the laws and any other instruments having the force of law
in India as they may be issued and in force from time to time;

(e) “Confidential Information” shall have the meaning set forth in Clause 3.3;

(f) “Conflict of Interest” shall have the meaning set forth in Clause 3.2 read with the
provisions of RFP;

(g) “Dispute” shall have the meaning set forth in Clause 9.2.1;

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(h) “Effective Date” means the date on which this Agreement comes into force and effect
pursuant to Clause 2.1;

(i) “Government” means the Government of .............;

(j) “INR, Re. or Rs.” means Indian Rupees;

(k) “Member”, in case the Consultant consists of a joint venture or consortium of more than
one entity, means any of these entities, and “Members” means all of these entities;

(l) “Party” means the Authority or the Consultant, as the case may be, and Parties means
both of them;

(m) “Personnel” means persons hired by the Consultant or by any Sub-Consultant as

employees and assigned to the performance of the Services or any part thereof;

(n) “Resident Personnel” means such persons who at the time of being so hired had their
domicile inside India;

(o) “RFP” means the Request for Proposal document in response to which the Consultant’s
proposal for providing Services was accepted;

(p) “Services” means the work to be performed by the Consultant pursuant to this
Agreement, as described in the Terms of Reference hereto;

(q) “Sub-Consultant” means any entity to which the Consultant subcontracts any part of
the Services in accordance with the provisions of Clause 4.7; and

(r) “Third Party” means any person or entity other than the Government, the Authority, the
Consultant or a Sub-Consultant.

All terms and words not defined herein shall, unless the context otherwise requires, have
the meaning assigned to them in the RFP.

1.1.2 The following documents along with all addenda issued thereto shall be deemed to form and
be read and construed as integral parts of this Agreement and in case of any contradiction
between or among them the priority in which a document would prevail over another would be
as laid down below beginning from the highest priority to the lowest priority:

(a) Agreement;

(b) Annexes of Agreement;

(c) RFP; and

(d) Letter of Award.

1.2 Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of master and servant
or of agent and principal as between the Authority and the Consultant. The Consultant shall,
subject to this Agreement, have complete charge of Personnel performing the Services and
shall be fully responsible for the Services performed by them or on their behalf hereunder.

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1.3 Rights and obligations

The mutual rights and obligations of the Authority and the Consultant shall be as set forth in
the Agreement, in particular:

(a) the Consultant shall carry out the Services in accordance with the provisions of the
Agreement; and

(b) the Authority shall make payments to the Consultant in accordance with the provisions
of the Agreement.

1.4 Governing law and jurisdiction

This Agreement, its meaning and interpretation, and the relation between the parties shall be
governed by the Laws of India for the time being in force. Irrespective of the place of delivery,
the place of performance or the place of payments under the agreement, the agreement shall
be deemed to have been made at the place from which the Letter of Award (LoA or
Agreement, in absence of LoA) has been issued. Unless otherwise specified in the agreement,
the courts of such a place shall alone have jurisdiction to decide any dispute arising out or in
respect of the agreement.

1.5 Language

All notices required to be given by one Party to the other Party and all other communications,
documentation and proceedings which are in any way relevant to this Agreement shall be in
writing and in English language.

1.6 Table of contents and headings

The table of contents, headings or sub-headings in this Agreement are for convenience of
reference only and shall not be used in, and shall not affect, the construction or interpretation
of this Agreement.

1.7 Notices

Any notice or other communication to be given by any Party to the other Party under or in
connection with the matters contemplated by this Agreement shall be in writing and shall:

(a) in the case of the Consultant, be given by e-mail and by letter delivered by hand to
the address given and marked for attention of the Consultant’s Representative set
out below in Clause 1.10 or to such other person as the Consultant may from time to
time designate by notice to the Authority; provided that notices or other
communications to be given to an address outside the city specified in Sub-clause (b)
below may, if they are subsequently confirmed by sending a copy thereof by
registered acknowledgement due, air mail or by courier, be sent by e-mail to the
number as the Consultant may from time to time specify by notice to the Authority;

(b) in the case of the Authority, be given by e-mail and by letter delivered by hand and
be addressed to the Authority with a copy delivered to the Authority Representative
set out below in Clause 1.10 or to such other person as the Authority may from time
to time designate by notice to the Consultant; provided that if the Consultant does not
have an office in the same city as the Authority’s office, it may send such notice by e-
mail and by registered acknowledgement due, air mail or by courier; and

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(c) any notice or communication by a Party to the other Party, given in accordance
herewith, shall be deemed to have been delivered when in the normal course of post
it ought to have been delivered and in all other cases, it shall be deemed to have
been delivered on the actual date and time of delivery; provided that in the case of e-
mail, it shall be deemed to have been delivered on the working days following the
date of its delivery.

1.8 Location

The Services shall be performed at the site of the Project in accordance with the provisions
of RFP and at such locations as are incidental thereto, including the offices of the Consultant.

1.9 Authority of Member-in-charge

In case the Consultant consists of a consortium of more than one entity, the Parties agree
that the Lead Member shall act on behalf of the Members in exercising all the Consultant’s
rights and obligations towards the Authority under this Agreement, including without limitation
the receiving of instructions and payments from the Authority.

1.10 Authorised Representatives

1.10.1 Any action required or permitted to be taken, and any document required or permitted to be
executed, under this Agreement by the Authority or the Consultant, as the case may be, may
be taken or executed by the officials specified in this Clause 1.10.

1.10.2 The Authority may, from time to time, designate one of its officials as the Authority
Representative. Unless otherwise notified, the Authority Representative shall be:
..........
..........
Tel: ..........
Mobile: ..........
Email: ..........
1.10.3 The Consultant may designate one of its employees as Consultant’s Representative. Unless
otherwise notified, the Consultant’s Representative shall be:
..........
..........
Tel: ..........
Mobile: ..........
Email: ..........

1.11 Taxes and duties

Unless otherwise specified in the Agreement, the Consultant shall pay all such taxes, duties,
fees and other impositions as may be levied under the Applicable Laws and the Authority shall
perform such duties in regard to the deduction of such taxes as may be lawfully imposed on
it.

1.12 Communications:

All communications under the agreement shall be served by the parties to each other
in writing, in the agreement’s language, and served in a manner customary and

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acceptable in business and commercial transactions. The effective date of such

communications shall be either the date when delivered to the recipient or the effective
date mentioned explicitly in the communication, whichever is later. No
communication shall amount to an amendment of the terms and conditions of the
agreement, except a formal letter of amendment of the agreement expressly so
designated.

2. Commencement, Completion and Termination of Agreement

2.1 Effectiveness of Agreement

This Agreement shall come into force and effect on the date of this Agreement (the “Effective
Date”).

2.2 Commencement of Services

The Consultant shall commence the Services within a period of 7 (seven) days from the
Effective Date, unless otherwise agreed by the Parties.

2.3 Termination of Agreement for failure to commence Services

If the Consultant does not commence the Services within the period specified in Clause 2.2
above, the Authority may, by not less than 2 (two) weeks’ notice to the Consultant, declare
this Agreement to be null and void, and in the event of such a declaration, the Authority
reserves the right to take action as per the Bid Security or Bid Security Declaration.

2.4 Expiry of Agreement

Unless terminated earlier pursuant to Clauses 2.3 or 2.9 hereof, this Agreement shall, unless
extended by the Parties by mutual consent, expire upon the earlier of expiry of a period of 90
(ninety) days after the delivery of the final deliverable to the Authority. Upon Termination, the
Authority shall make payments of all amounts due to the Consultant hereunder.

2.5 Entire Agreement

2.5.1 This Agreement and the Annexes together constitute a complete and exclusive statement of
the terms of the agreement between the Parties on the subject hereof, and no amendment or
modification hereto shall be valid and effective unless such modification or amendment is
agreed to in writing by the Parties and duly executed by persons especially empowered in this
behalf by the respective Parties. All prior written or oral understandings, offers or other
communications of every kind pertaining to this Agreement are abrogated and withdrawn;
provided, however, that the obligations of the Consultant arising out of the provisions of the
RFP shall continue to subsist and shall be deemed to form part of this Agreement.

2.5.2 Without prejudice to the generality of the provisions of Clause 2.5.1, on matters not covered
by this Agreement, the provisions of RFP shall apply.

2.6 Modification of Agreement

There shall be no modification in the terms and conditions of this Agreement unless the
reasons are beyond the control of both parties i.e. the Applicant and the Authority. In no

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circumstances, the cost should be higher than the agreement cost due to modifications in the
terms and conditions..

2.7 Force Majeure

2.7.1 Definition

(a) For the purposes of this Agreement, “Force Majeure” means an event which is beyond
the reasonable control of a Party, and which makes a Party’s performance of its
obligations hereunder impossible or so impractical as reasonably to be considered
impossible in the circumstances, and includes, but is not limited to, war, riots, civil
disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions,
strikes, lockouts or other industrial action (except where such strikes, lockouts or other
industrial action are within the power of the Party invoking Force Majeure to prevent),
confiscation or any other action by government agencies.

(b) Force Majeure shall not include (i) any event which is caused by the negligence or
intentional action of a Party or such Party’s Sub-Consultant or agents or employees, nor
(ii) any event which a diligent Party could reasonably have been expected to both (A) take
into account at the time of the conclusion of this Agreement, and (B) avoid or overcome
in the carrying out of its obligations hereunder.

(c) Force Majeure shall not include insufficiency of funds or failure to make any payment
required hereunder.

2.7.2 No breach of Agreement

The failure of a Party to fulfil any of its obligations hereunder shall not be considered to be a
breach of, or default under, this Agreement insofar as such inability arises from an event of
Force Majeure, provided that the Party affected by such an event has taken all reasonable
precautions, due care and reasonable alternative measures, all with the objective of carrying
out the terms and conditions of this Agreement.

2.7.3 Measures to be taken

(a) A Party affected by an event of Force Majeure shall take all reasonable measures to
remove such Party’s inability to fulfil its obligations hereunder with a minimum of delay.

(b) A Party affected by an event of Force Majeure shall notify the other Party of such event
as soon as possible, and in any event not later than 14 (fourteen) days following the
occurrence of such event, providing evidence of the nature and cause of such event, and
shall similarly give notice of the restoration of normal conditions as soon as possible.

(c) The Parties shall take all reasonable measures to minimise the consequences of any
event of Force Majeure.

2.7.4 Extension of time

Any period within which a Party shall, pursuant to this Agreement, 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.

2.7.5 Payments

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During the period of its inability to perform the Services as a result of an event of Force
Majeure, the Consultant shall be entitled to be reimbursed for Additional Costs reasonably
and necessarily incurred by it during such period for the purposes of the Services and in
reactivating the Services after the end of such period.

2.7.6 Consultation

Not later than 30 (thirty) days after the Consultant has, as the result of an event of Force
Majeure, become unable to perform a material portion of the Services, the Parties shall consult
with each other with a view to agreeing on appropriate measures to be taken in the
circumstances.

2.8 Suspension of Agreement

The Authority may, by written notice of suspension to the Consultant, suspend all payments
to the Consultant hereunder if the Consultant shall be in breach of this Agreement or shall fail
to perform any of its obligations under this Agreement, including the carrying out of the
Services; provided that such notice of suspension (i) shall specify the nature of the breach or
failure, and (ii) shall provide an opportunity to the Consultant to remedy such breach or failure
within a period not exceeding 21 (twenty-one) days after receipt by the Consultant of such
notice of suspension.

2.9 Termination of Agreement

2.9.1 By the Authority

The Authority may, by not less than 21 (twenty-one) days’ written notice of termination to the
Consultant, such notice to be given after the occurrence of any of the events specified in this
Clause 2.9.1, terminate this Agreement if:

(a) the Consultant fails to remedy any breach hereof or any failure in the performance of
its obligations hereunder, as specified in a notice of suspension pursuant to Clause 2.8
hereinabove, within 30 (thirty) days of receipt of such notice of suspension or within
such further period as the Authority may have subsequently granted in writing;

(b) the Consultant becomes insolvent or bankrupt or enters into any agreement with its
creditors for relief of debt or take advantage of any law for the benefit of debtors or goes
into liquidation or receivership whether compulsory or voluntary;

(c) the Consultant fails to comply with any final decision reached as a result of arbitration
proceedings pursuant to Clause 9 hereof;

(d) the Consultant submits to the Authority a statement which has a material effect on the
rights, obligations or interests of the Authority and which the Consultant knows to be
false;

(e) any document, information, data or statement submitted by the Consultant in its
Proposals, based on which the Consultant was considered eligible or successful, is
found to be false, incorrect or misleading;

(f) as the result of Force Majeure, the Consultant is unable to perform a material portion of
the Services for a period of not less than 60 (sixty) days; or

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(g) the Authority, in its sole discretion and for any reason whatsoever, decides to terminate
this Agreement.

2.9.2 By the Consultant

The Consultant may, by not less than 30 (thirty) days’ written notice to the Authority, such
notice to be given after the occurrence of any of the events specified in this Clause 2.9.2,
terminate this Agreement if:

(a) the Authority fails to pay any money due to the Consultant pursuant to this Agreement and
not subject to dispute pursuant to Clause 9 hereof within 45 (forty-five) days after receiving
written notice from the Consultant that such payment is overdue;

(b) the Authority is in material breach of its obligations pursuant to this Agreement and has not
remedied the same within 45 (forty-five) days (or such longer period as the Consultant may
have subsequently granted in writing) following the receipt by the Authority of the Consultant’s
notice specifying such breach;

(c) as the result of Force Majeure, the Consultant is unable to perform a material portion of the
Services for a period of not less than 60 (sixty) days; or

(d) the Authority fails to comply with any final decision reached as a result of arbitration pursuant
to Clause 9 hereof.

2.9.3 Cessation of rights and obligations

Upon termination of this Agreement pursuant to Clauses 2.3 or 2.9 hereof, or upon expiration
of this Agreement pursuant to Clause 2.4 hereof, all rights and obligations of the Parties
hereunder shall cease, except (i) such rights and obligations as may have accrued on the
date of termination or expiration, or which expressly survive such Termination; (ii) the
obligation of confidentiality set forth in Clause 3.3 hereof; (iii) the Consultant’s obligation to
permit inspection, copying and auditing of such of its accounts and records set forth in Clause
3.6, as relate to the Consultant’s Services provided under this Agreement; and (iv) any right
or remedy which a Party may have under this Agreement or the Applicable Law.

2.9.4 Cessation of Services

Upon termination of this Agreement by notice of either Party to the other pursuant to Clauses
2.9.1 or 2.9.2 hereof, the Consultant shall, immediately upon dispatch or receipt of such
notice, take all necessary steps to bring the Services to a close in a prompt and orderly
manner and shall make every reasonable effort to keep expenditures for this purpose to a
minimum. With respect to documents prepared by the Consultant and equipment and
materials furnished by the Authority, the Consultant shall proceed as provided respectively by
Clauses 3.9 or 3.10 hereof.

2.9.5 Payment upon Termination

Upon termination of this Agreement pursuant to Clauses 2.9.1 or 2.9.2 hereof, the Authority
shall make the following payments to the Consultant (after offsetting against these payments
any amount that may be due from the Consultant to the Authority):

(i) remuneration pursuant to Clause 6 hereof for Services satisfactorily performed prior to
the date of termination;

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(ii) reimbursable expenditures pursuant to Clause 6 hereof for expenditures actually

incurred prior to the date of termination; and

(iii) except in the case of termination pursuant to sub-clauses (a) through (e) of Clause 2.9.1
hereof, reimbursement of any reasonable cost incidental to the prompt and orderly
termination of the Agreement including the cost of the return travel of the Consultant’s
personnel.

2.9.6 Disputes about Events of Termination

If either Party disputes whether an event specified in Clause 2.9.1 or in Clause 2.9.2 hereof
has occurred, such Party may, within 30 (thirty) days after receipt of notice of termination from
the other Party, refer the matter to arbitration pursuant to Clause 9 hereof, and this Agreement
shall not be terminated on account of such event except in accordance with the terms of any
resulting arbitral award.

3. Obligations of the Consultant

3.1 General

3.1.1 Standards of Performance

The Consultant shall perform the Services and carry out its 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 and effective equipment, machinery, materials and
methods. The Consultant shall always act, in respect of any matter relating to this Agreement
or to the Services, as a faithful adviser to the Authority, and shall at all times support and
safeguard the Authority's legitimate interests in any dealings with Sub-Consultants or Third
Parties.

3.1.2 Terms of Reference

The scope of services to be performed by the Consultant is specified in the Terms of

Reference (the “TOR”) at Annex-1 of this Agreement. The Consultant shall provide the
Deliverables specified therein in conformity with the time schedule stated therein.

3.1.3 Applicable Laws

The Consultant shall perform the Services in accordance with the Applicable Laws and shall
take all practicable steps to ensure that any Sub-Consultant, as well as the Personnel and
agents of the Consultant and any Sub-Consultant, comply with the Applicable Laws.

3.2 Conflict of Interest

3.2.1 The Consultant shall not have a Conflict of Interest and any breach hereof shall constitute a
breach of the Agreement.

3.2.2 Consultant and Affiliates not to be otherwise interested in the Project

The Consultant agrees that, during the term of this Agreement and after its termination, the
Consultant or any Associate thereof and any entity affiliated with the Consultant, as well as
any Sub-Consultant and any entity affiliated with such Sub-Consultant, shall be disqualified

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from providing goods, works, services, loans or equity for any project resulting from or closely
related to the Services and any breach of this obligation shall amount to a Conflict of Interest;;
provided that the restriction herein shall not apply after a period of 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
provided to the Authority in continuation of this Consultancy or to any subsequent consultancy/
advisory services provided to the Authority in accordance with the rules of the Authority. 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.

3.2.3 Prohibition of conflicting activities

Neither the Consultant nor its Sub-Consultant, nor the Personnel of either of them shall
engage, either directly or indirectly, in any of the following activities:

(a) during the term of this Agreement, any business or professional activities which would
conflict with the activities assigned to them under this Agreement;

(b) after the termination of this Agreement, such other activities as may be specified in the
Agreement; or

(c) at any time, such other activities as have been specified in the RFP as Conflict of Interest.

3.2.4 Consultant not to benefit from commissions, discounts, etc.

The remuneration of the Consultant pursuant to Clause 6 hereof shall constitute the
Consultant’s sole remuneration in connection with this Agreement or the Services and the
Consultant shall not accept for its own benefit any trade commission, discount or similar
payment in connection with activities pursuant to this Agreement or to the Services or in
the discharge of its obligations hereunder, and the Consultant shall use its best efforts to
ensure that the Personnel and agents similarly shall not receive any such additional
remuneration.

3.2.5 The Consultant and its Personnel shall observe the highest standards of ethics and shall
not have engaged in and shall not hereafter engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice (collectively the
“Prohibited Practices”). Notwithstanding anything to the contrary contained in this
Agreement, the Authority shall be entitled to terminate this Agreement forthwith by a
communication in writing to the Consultant, without being liable in any manner whatsoever
to the Consultant, if it determines that the Consultant has, directly or indirectly or through
an agent, engaged in any Prohibited Practices in the Selection Process or before or after
entering into of this Agreement. In such an event, the Authority shall forfeit and
appropriate the performance security, if any, as mutually agreed genuine pre-estimated
compensation and damages payable to the Authority towards, inter alia, the time, cost
and effort of the Authority, without prejudice to the Authority’s any other rights or remedy
hereunder or in law.

3.2.6 Without prejudice to the rights of the Authority under Clause 3.2.5 above and the other
rights and remedies which the Authority may have under this Agreement, if the Consultant
is found by the Authority to have directly or indirectly or through an agent, engaged or
indulged in any Prohibited Practices, during the Selection Process or before or after the

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execution of this Agreement, the Consultant shall not be eligible to participate in any
tender or RFP issued during a period of 2 (two) years from the date the Consultant is
found by the Authority to have directly or indirectly or through an agent, engaged or
indulged in any Prohibited Practices.

3.2.7 For the purposes of Clauses 3.2.5 and 3.2.6, the following terms shall have the meaning
hereinafter respectively assigned to them:

(a) “corrupt practice” means making an offer, solicitation or acceptance of a bribe,

reward or gift or any material benefit in exchange for an unfair advantage in the
Procurement Process or to otherwise influence the Procurement Process
(b) fraudulent practice” means any omission or misrepresentation that may mislead
or attempt to mislead so that financial or other benefits may be obtained or an
obligation avoided. Such practices include a false declaration or false information
for participation in a Procurement Process or to secure a Contract, or in the
execution of the agreement
(c) coercive practice” means harming or threatening to harm persons or their
property to influence their participation in the Procurement Process or affect the
execution of the agreement
(d) “Anti-competitive practice” means any collusion, Proposal-rigging or anti-
competitive arrangement, or any other practice coming under the purview of the
Competition Act, 2002, between two or more Applicants, with or without the
knowledge of the Authority, that may impair the transparency, fairness, and the
progress of the Procurement Process or to establish Proposal prices at artificial,
non-competitive levels
(e) Conflict of interest” means participation by a bidding firm or any of its affiliates
who are either involved in the Consultancy Contract to which this procurement is
linked; if they are part of more than one Proposal in the procurement; or if their
personnel have a relationship or financial or business transactions with any
official of Authority who are directly or indirectly related to tender or execution
process of contract; or improper use of information obtained by the (prospective)
Applicant from the Authority with an intent to gain unfair advantage in the
Procurement Process or for personal gain
(f) “Obstructive practice” means materially impede Authority’s investigation into
allegations of one or more of the above-mentioned prohibited practices either by
deliberately destroying, falsifying, altering; or concealing evidence material to the
investigation; or by making false statements to investigators and/ or by coercive
practices mentioned above, to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation, or by impeding
the Authority’s rights of an audit or access to information

The Consultant, its Sub-Consultants and the Personnel of either of them shall not, either
during the term or within two years after the expiration or termination of this Agreement
disclose any proprietary information, including information relating to reports, data, drawings,
design software or other material, whether written or oral, in electronic or magnetic format,
and the contents thereof; and any reports, digests or summaries created or derived from any
of the foregoing that is provided by the Authority to the Consultant, its Sub-Consultants and
the Personnel; any information provided by or relating to the Authority, its technology,
technical processes, business affairs or finances or any information relating to the Authority’s
employees, officers or other professionals or suppliers, customers, or contractors of the
Authority; and any other information which the Consultant is under an obligation to keep
confidential in relation to the Project, the Services or this Agreement ("Confidential
Information"), without the prior written consent of the Authority.

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Notwithstanding the aforesaid, the Consultant, its Sub-Consultants and the Personnel of
either of them may disclose Confidential Information to the extent that such Confidential
Information:

(i) was in the public domain prior to its delivery to the Consultant, its Sub-
Consultants and the Personnel of either of them or becomes a part of the public
knowledge from a source other than the Consultant, its Sub-Consultants and
the Personnel of either of them;

(ii) was obtained from a third party with no known duty to maintain its
confidentiality;

(iii) is required to be disclosed by Applicable Laws or judicial or administrative or

arbitral process or by any governmental instrumentalities, provided that for any
such disclosure, the Consultant, its Sub-Consultants and the Personnel of
either of them shall give the Authority, prompt written notice, and use
reasonable efforts to ensure that such disclosure is accorded confidential
treatment; and

(iv) is provided to the professional advisers, agents, auditors or representatives of

the Consultant or its Sub-Consultants or Personnel of either of them, as is
reasonable under the circumstances; provided, however, that the Consultant
or its Sub-Consultants or Personnel of either of them, as the case may be, shall
require their professional advisers, agents, auditors or its representatives, to
undertake in writing to keep such Confidential Information, confidential and
shall use its best efforts to ensure compliance with such undertaking.

3.4 Liability of the Consultant

3.4.1 The Consultant’s liability under this Agreement shall be determined by the Applicable Laws
and the provisions hereof.

3.4.2 The Consultant shall, subject to the limitation specified in Clause 3.4.3, be liable to the
Authority for any direct loss or damage accrued or likely to accrue due to deficiency in
Services rendered by it.

3.4.3 The Parties hereto agree that in case of negligence or wilful misconduct on the part of the
Consultant or on the part of any person or firm acting on behalf of the Consultant in carrying
out the Services, the Consultant, with respect to damage caused to the Authority’s property,
shall not be liable to the Authority:

(i) for any indirect or consequential loss or damage; and

(ii) for any direct loss or damage that exceeds (a) the Agreement Value set forth in Clause
6.1.2 of this Agreement, or (b) the proceeds the Consultant may be entitled to receive
from any insurance maintained by the Consultant to cover such a liability in accordance
with Clause 3.5.

3.4.4 This limitation of liability specified in Clause 3.4.3 shall not affect the Consultant’s liability, if
any, for damage to Third Parties caused by the Consultant or any person or firm acting on
behalf of the Consultant in carrying out the Services subject, however, to a limit equal to 3
(three) times the Agreement Value.

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3.5 Insurance to be taken out by the Consultant

3.5.1 The Consultant shall, for the duration of this Agreement, take out and maintain, and shall
cause any Sub-Consultant to take out and maintain, at its (or the Sub-Consultant’s, as the
case may be) own cost, but on terms and conditions approved by the Authority, insurance
against the risks, and for the coverages, as stipulated in the contract or any applicable law
including Labour Codes; and at the Authority’s request, shall provide evidence to the Authority
showing that such insurance has been taken out and maintained and that the current
premiums have been paid

3.6 Accounting, inspection and auditing

The Consultant shall:

(a) keep accurate and systematic accounts and records in respect of the Services provided
under this Agreement, in accordance with internationally accepted accounting principles
and in such form and detail as will clearly identify all relevant time charges and cost, and
the basis thereof (including the basis of the Consultant’s costs and charges); and

(b) permit the Authority or its designated representative periodically, and up to one year from
the expiration or termination of this Agreement, to inspect the same and make copies
thereof as well as to have them audited by auditors appointed by the Authority.

3.7 Consultant’s actions requiring the Authority's prior approval

The Consultant shall obtain the Authority's prior approval in writing before taking any of the
following actions:

(a) appointing such members of the Professional Personnel as are not listed in Annex–2.

(b) entering into a subcontract for the performance of any part of the Services, it being
understood (i) that the selection of the Sub-Consultant and the terms and conditions of
the subcontract shall have been approved in writing by the Authority prior to the execution
of the subcontract, and (ii) that the Consultant shall remain fully liable for the performance
of the Services by the Sub-Consultant and its Personnel pursuant to this Agreement; or

(c) any other action that is specified in this Agreement.

3.8 Reporting obligations

The Consultant shall submit to the Authority the reports and documents specified in the
Agreement, in the form, in the numbers and within the time periods set forth therein.

3.9 Documents prepared by the Consultant to be property of the Authority

3.9.1 All plans, drawings, specifications, designs, reports and other documents (collectively referred
to as “Consultancy Documents”) prepared by the Consultant (or by the Sub-Consultants or
any Third Party) in performing the Services shall become and remain the property of the
Authority, and all intellectual property rights in such Consultancy Documents shall vest with
the Authority. Any Consultancy Document, of which the ownership or the intellectual property
rights do not vest with the Authority under law, shall automatically stand assigned to the

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Authority as and when such Consultancy Document is created and the Consultant agrees to
execute all papers and to perform such other acts as the Authority may deem necessary to
secure its rights herein assigned by the Consultant.

3.9.2 The Consultant shall, not later than termination or expiration of this Agreement, deliver all
Consultancy Documents to the Authority, together with a detailed inventory thereof. The
Consultant may retain a copy of such Consultancy Documents. The Consultant, its Sub-
Consultants or a Third Party shall not use these Consultancy Documents for purposes
unrelated to this Agreement without the prior written approval of the Authority.

3.9.3 The Consultant shall hold the Authority harmless and indemnified for any losses, claims,
damages, expenses (including all legal expenses), awards, penalties or injuries (collectively
referred to as ‘Claims’) which may arise from or due to any unauthorised use of such
Consultancy Documents, or due to any breach or failure on part of the Consultant or its Sub-
Consultants or a Third Party to perform any of its duties or obligations in relation to securing
the aforementioned rights of the Authority.

3.10 Equipment and materials furnished by the Authority

Equipment and materials made available to the Consultant by the Authority shall be the
property of the Authority and shall be marked accordingly. Upon termination or expiration of
this Agreement, the Consultant shall furnish forthwith to the Authority, an inventory of such
equipment and materials and shall dispose of such equipment and materials in accordance
with the instructions of the Authority. While in possession of such equipment and materials,
the Consultant shall, unless otherwise instructed by the Authority in writing, insure them in an
amount equal to their full replacement value.

3.11 Providing access to Project Office and Personnel

The Consultant shall ensure that the Authority, and officials of the Authority having authority
from the Authority, are provided unrestricted access to the Project Office and to all Personnel
during office hours. The Authority’s official, who has been authorised by the Authority in this
behalf, shall have the right to inspect the Services in progress, interact with Personnel of the
Consultant and verify the records relating to the Services for his satisfaction.

3.12 Accuracy of Documents

The Consultant shall be responsible for accuracy of the data collected by it directly or procured
from other agencies/authorities, the designs, drawings, estimates and all other details
prepared by it as part of these services. Subject to the provisions of Clause 3.4, it shall
indemnify the Authority against any inaccuracy in its work which might surface during
implementation of the Project, if such inaccuracy is the result of any negligence or inadequate
due diligence on part of the Consultant or arises out of its failure to conform to good industry
practice. The Consultant shall also be responsible for promptly correcting, at its own cost and
risk, the drawings including any re-survey / investigations.

4. Consultant’s Personnel and Sub-Consultants

4.1 General

The Consultant shall employ and provide such qualified and experienced Personnel as may
be required to carry out the Services.

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4.2 Deployment of Personnel

4.2.1 The designations, names and the estimated periods of engagement in carrying out the
Services by each of the Consultant’s Personnel are described in Annex-2 of this Agreement.
The estimate of Personnel costs and person day rates are specified in Annex-3 of this
Agreement.

4.2.2 Adjustments with respect to the estimated periods of engagement of Personnel set forth in
the aforementioned Annex-3 may be made by the Consultant by written notice to the Authority,
provided that: (i) such adjustments shall not alter the originally estimated period of
engagement of any individual by more than 20% (twenty per cent) or one week, whichever is
greater, and (ii) the aggregate of such adjustments shall not cause payments under the
Agreement to exceed the Agreement Value set forth in Clause 6.1.2 of this Agreement. Any
other adjustments shall only be made with the written approval of the Authority.

4.3 Approval of Personnel

4.3.1 The Professional Personnel listed in Annex-2 of the Agreement are hereby approved by the
Authority. No other Professional Personnel shall be engaged without prior approval of the
Authority.

4.3.2 If the Consultant hereafter proposes to engage any person as Professional Personnel, it shall
submit to the Authority its proposal along with a CV of such person in the form provided at
Appendix–I (Form-6) of the RFP. The Authority may approve or reject such proposal within
14 (fourteen) days of receipt thereof. In case the proposal is rejected, the Consultant may
propose an alternative person for the Authority’s consideration. In the event the Authority does
not reject a proposal within 14 (fourteen) days of the date of receipt thereof under this Clause
4.3, it shall be deemed to have been approved by the Authority.

4.4 Substitution of Key Personnel

The Authority expects all the Key Personnel specified in the Proposal to be available during
implementation of the Agreement. The Authority will not consider any substitution of Key
Personnel except under compelling circumstances beyond the control of the Consultant and
the concerned Key Personnel. Such substitution shall be limited to not more than two Key
Personnel subject to equally or better qualified and experienced personnel being provided to
the satisfaction of the Authority. Without prejudice to the foregoing, substitution of one Key
Personnel shall be permitted subject to reduction of remuneration equal to 10% (ten per cent)
of the total remuneration specified for the Key Personnel who is proposed to be substituted.
In case of a second substitution, such reduction shall be equal to 20% (twenty per cent) of the
total remuneration specified for the Key Personnel who is proposed to be substituted.

4.5 Working hours, overtime, leave, etc.

The Personnel shall not be entitled to be paid for overtime nor to take paid sick leave or
vacation leave except as specified in the Agreement, and the Consultant’s remuneration shall
be deemed to cover these items. All leave to be allowed to the Personnel is excluded from
the person days of service set forth in Annex-2. Any taking of leave by any Personnel for a
period exceeding 7 (seven) days shall be subject to the prior approval of the Authority, and
the Consultant shall ensure that any absence on leave will not delay the progress and quality
of the Services.

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4.6 Resident Team Leader and Project Manager

The person designated as the Team Leader of the Consultant’s Personnel shall be
responsible for the coordinated, timely and efficient functioning of the Personnel. In addition,
the Consultant shall designate a suitable person as Project Manager (the “Project Manager”)
who shall be responsible for day to day performance of the Services.

4.7 Sub-Consultants

Sub-Consultants listed in Annex-5 of this Agreement are hereby approved by the Authority.
The Consultant may, with prior written approval of the Authority, engage additional Sub-
Consultants or substitute an existing Sub-Consultant. The hiring of Personnel by the Sub-
Consultants shall be subject to the same conditions as applicable to Personnel of the
Consultant under this Clause 4.

5. Obligations of the Authority

5.1 Assistance in clearances etc.

Unless otherwise specified in the Agreement, the Authority shall make best efforts to ensure
that the Government shall:

(a) provide the Consultant, its Sub-Consultants and the Personnel with work permits and
such other documents as may be necessary to enable the Consultant, its Sub-
Consultants or the Personnel to perform the Services;

(b) facilitate prompt clearance through customs of any property required for the Services; and

(c) 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.

5.2 Access to land and property

The Authority warrants that the Consultant shall have, free of charge, unimpeded access to
the site of the project in respect of which access is required for the performance of Services;
provided that if such access shall not be made available to the Consultant as and when so
required, the Parties shall agree on (i) the time extension, as may be appropriate, for the
performance of Services, and (ii) the additional payments, if any, to be made to the Consultant
as a result thereof pursuant to Clause 6.1.3.

5.3 Change in Applicable Law

If, after the date of this Agreement, there is any change in the Applicable Laws with respect
to taxes and duties which increases or decreases the cost or reimbursable expenses incurred
by the Consultant in performing the Services, by an amount exceeding 2% (two per cent) of
the Agreement Value specified in Clause 6.1.2, then the remuneration and reimbursable
expenses otherwise payable to the Consultant under this Agreement shall be increased or
decreased accordingly by agreement between the Parties hereto, and corresponding
adjustments shall be made to the aforesaid Agreement Value.

5.4 Payment

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In consideration of the Services performed by the Consultant under this Agreement, the
Authority shall make to the Consultant such payments and in such manner as is provided in
Clause 6 of this Agreement.

6. Payment to the Consultant

6.1 Cost estimates and Agreement Value

6.1.1 An abstract of the cost of the Services payable to the Consultant is set forth in Annex-5 of the
Agreement.

6.1.2 Except as may be otherwise agreed under Clause 2.6 and subject to Clause 6.1.3, the
payments under this Agreement shall not exceed the agreement value specified herein (the
“Agreement Value”). The Parties agree that the Agreement Value is Rs. ………. (Rupees.
…………………….), which does not include the Additional Costs specified in Annex-5 (the
“Additional Costs”).

6.1.3 Notwithstanding anything to the contrary contained in Clause 6.1.2, if pursuant to the
provisions of Clauses 2.6 and 2.7, the Parties agree that additional payments shall be made
to the Consultant in order to cover any additional expenditures not envisaged in the cost
estimates referred to in Clause 6.1.1 above, the Agreement Value set forth in Clause 6.1.2
above shall be increased by the amount or amounts, as the case may be, of any such
additional payments.

6.2 Currency of payment

All payments shall be made in Indian Rupees. The Consultant shall be free to convert Rupees
into any foreign currency as per Applicable Laws.

6.3 Mode of billing and payment

Billing and payments in respect of the Services shall be made as follows:

(a) No mobilisation Advance shall be paid to the consultant. The payment shall be made as
per the Annexure 6 Payment Schedule of the RFP
(b) The Consultant shall be paid for its services as per the Payment Schedule at Annex-6 of
this Agreement, subject to the Consultant fulfilling the following conditions:
(i) No payment shall be due for the next stage till the Consultant completes, to the
satisfaction of the Authority, the work pertaining to the preceding stage.
(ii) The Authority shall pay to the Consultant, only the undisputed amount.

(c) The Authority shall cause the payment due to the Consultant to be made within 60 (sixty)
days after the receipt by the Authority of duly completed bills with necessary particulars
(the “Due Date”).

(d) The final payment under this Clause shall be made only after the final report and a final
statement, identified as such, shall have been submitted by the Consultant and approved
as satisfactory by the Authority. The Services shall be deemed completed and finally
accepted by the Authority and the final deliverable shall be deemed approved by the
Authority as satisfactory upon expiry of 90 (ninety) days after receipt of the final
deliverable by the Authority unless the Authority, within such 90 (ninety) day period, gives
written notice to the Consultant specifying in detail, the deficiencies in the Services. The

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Consultant shall thereupon promptly make any necessary corrections and/or additions,
and upon completion of such corrections or additions, the foregoing process shall be
repeated. The Authority shall make the final payment upon acceptance or deemed
acceptance of the final deliverable by the Authority.

(e) Any amount which the Authority has paid or caused to be paid in excess of the amounts
actually payable in accordance with the provisions of this Agreement shall be reimbursed
by the Consultant to the Authority within 30 (thirty) days after receipt by the Consultant of
notice thereof. Any such claim by the Authority for reimbursement must be made within 1
(one) year after receipt by the Authority of a final report in accordance with Clause 6.3
(d). Any delay by the Consultant in reimbursement by the due date shall attract simple
interest @ 10% (ten per cent) per annum.

(f) 30% (thirty per cent) of the Agreement Value has been earmarked as Final Payment to
be made to the Consultant upon completion of Services. In the event of non-completion
of Services within 2 (two) years of the Effective Date, the Final Payment shall not become
due to the Consultant, save and except the costs incurred for meeting its reimbursable
expenses during the period after expiry of 24 (twenty-four) months from the Effective
Date, including travel costs and personnel costs, at the agreed rates.

(g) All payments under this Agreement shall be made to the account of the Consultant as
may be notified to the Authority by the Consultant.

7. Liquidated Damages and Penalties

7.1 Performance Security

7.1.1 The Authority shall retain by way of performance security (the “Performance Security”), 3%
(three per cent) of all the amounts due and payable to the Consultant, to be appropriated
against breach of this Agreement or for recovery of liquidated damages as specified in Clause
7.2. The balance remaining out of the Performance Security shall be returned to the
Consultant at the end of 3 (three) months after the expiry of this Agreement pursuant to Clause
2.4 hereof. For the avoidance of doubt, the parties hereto expressly agree that in addition to
appropriation of the amounts withheld hereunder, in the event of any default requiring the
appropriation of further amounts comprising the Performance Security, the Authority may
make deductions from any subsequent payments due and payable to the Consultant
hereunder, as if it is appropriating the Performance Security in accordance with the provisions
of this Agreement.

7.1.2 The Consultant may, in lieu of retention of the amounts as referred to in Clause 7.1.1 above,
furnish a Bank Guarantee substantially in the form specified at Annex-7 of this Agreement.

7.2 Liquidated Damages

7.2.1 Liquidated Damages for error/variation

In case any error or variation or plagiarism is detected in the data, data analysis or reports,
submitted by the Consultant and such error or variation is the result of negligence or lack of
due diligence on the part of the Consultant, the consequential damages thereof shall be
quantified by the Authority in a reasonable manner and recovered from the Consultant by way
of deemed liquidated damages, subject to a maximum of 10% (ten per cent) of the Agreement
Value.

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7.2.2 Liquidated Damages for delay

In case of delay in completion of Services, liquidated damages not exceeding an amount

equal to 1% (one per cent) of the Agreement Value per week, subject to a maximum of 10%
(ten per cent) of the Agreement Value will be imposed and shall be recovered by appropriation
from the Performance Security or otherwise. However, in case of delay due to reasons beyond
the control of the Consultant, suitable extension of time shall be granted.

7.2.3 Encashment and appropriation of Performance Security

The Authority shall have the right to invoke and appropriate the proceeds of the Performance
Security, in whole or in part, without notice to the Consultant in the event of breach of this
Agreement or for recovery of liquidated damages specified in this Clause 7.2.

7.3 Penalty for deficiency in Services

In addition to the liquidated damages not amounting to penalty, as specified in Clause 7.2,
warning may be issued to the Consultant for minor deficiencies on its part. In the case of
significant deficiencies (performance below the expectation) in Services causing adverse
effect on the Project or on the reputation of the Authority, other penal action including
debarring for a specified period may also be initiated as per policy of the Authority.

8. Fairness and Good Faith

8.1 Good Faith

The Parties undertake to act in good faith with respect to each other’s rights under this
Agreement and to adopt all reasonable measures to ensure the realisation of the objectives
of this Agreement.

8.2 Operation of the Agreement

The Parties recognise that it is impractical in this Agreement to provide for every contingency
which may arise during the life of the Agreement, and the Parties hereby agree that it is their
intention that this Agreement shall operate fairly as between them, and without detriment to
the interest of either of them, and that, if during the term of this Agreement either Party
believes that this Agreement is operating unfairly, the Parties will use their best efforts to
agree on such action as may be necessary to remove the cause or causes of such unfairness,
but failure to agree on any action pursuant to this Clause shall not give rise to a dispute subject
to arbitration in accordance with Clause 9 hereof.

9. Settlement of Disputes

9.1 Amicable settlement

The Parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this Agreement or the interpretation thereof.

9.2 Dispute resolution

9.2.1 Any dispute, difference or controversy of whatever nature howsoever arising under or out of
or in relation to this Agreement (including its interpretation) between the Parties, and so
notified in writing by either Party to the other Party (the “Dispute”) shall, in the first instance,

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be attempted to be resolved amicably in accordance with the conciliation procedure set forth
in Clause 9.3.
9.2.2 The Parties agree to use their best efforts for resolving all Disputes arising under or in respect
of this Agreement promptly, equitably and in good faith, and further agree to provide each
other with reasonable access during normal business hours to all non-privileged records,
information and data pertaining to any Dispute.
9.3 Conciliation
In the event of any Dispute between the Parties, either Party may call upon CEO, NITI Aayog
and the Chairman of the Board of Directors of the Consultant or a substitute thereof for
amicable settlement, and upon such reference, the said persons shall meet no later than 10
(ten) days from the date of reference to discuss and attempt to amicably resolve the Dispute.
If such meeting does not take place within the 10 (ten) day period or the Dispute is not
amicably settled within 15 (fifteen) days of the meeting or the Dispute is not resolved as
evidenced by the signing of written terms of settlement within 30 (thirty) days of the notice in
writing referred to in Clause 9.2.1 or such longer period as may be mutually agreed by the
Parties, either Party may refer the Dispute to arbitration in accordance with the provisions of
Clause 9.4.

9.4 Arbitration

9.4.1 Any Dispute which is not resolved amicably by conciliation, as provided in Clause 9.3, shall
be finally decided by reference to arbitration by an Arbitral Tribunal appointed in accordance
with Clause 9.4.2. Such arbitration shall be held in accordance with the provisions of the
Arbitration and Conciliation Act,1996. In case the Applicant is Micro, Small and Medium
Enterprises, the arbitration shall be held in accordance with the provision of the Micro, Small
and Medium Enterprises Development (MSMED) Act, 2006. The place of such arbitration shall
be the capital of the State where the Authority has its headquarters and the language of
arbitration proceedings shall be English.

9.4.2 There shall be a sole arbitrator whose appointment or an Arbitral Tribunal of three arbitrators,
of whom each Party shall select one, and the third arbitrator shall be appointed by the two
arbitrators so selected, who will be act as a presiding arbitrator and in the event of
disagreement between the two arbitrators, the appointment shall be made in accordance with
the Rules. If one party fails to appoint an arbitrator within 30 (thirty) days, or if the two
appointed arbitrators fail to agree on the third arbitrator, then the court may appoint any person
or institution as arbitrator. In case of an international commercial dispute, the application for
appointment of arbitrator has to be made to the Chief Justice of India. In case of other
domestic disputes, the application has to be made to the Chief Justice of the High Court within
whose jurisdiction the parties are situated

9.4.3 The arbitrators shall make a reasoned award (the “Award”). Any Award made in any
arbitration held pursuant to this Clause 9 shall be final and binding on the Parties as from the
date it is made, and the Consultant and the Authority agree and undertake to carry out such
Award without delay.

9.4.4 The Consultant and the Authority agree that an Award may be enforced against the Consultant
and/or the Authority, as the case may be, and their respective assets wherever situated.

9.4.5 This Agreement and the rights and obligations of the Parties shall remain in full force and
effect, pending the Award in any arbitration proceedings hereunder.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed in their
respective names as of the day and year first above written.
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

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For and on behalf of For and on behalf of

Consultant: Authority
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
In the presence of:
1. 2.

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Annex-1: Terms of Reference

(Refer Clause 3.1.2)

(Reproduce Schedule-1 of RFP)

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Annex-2: Deployment of Personnel

(Refer Clause 4.2)

(Reproduce as per Form-9 of Appendix-I)

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Annex-3: Estimate of Personnel Costs

(Refer Clause 4.2)

(Reproduce as per Form-3 of Appendix-II)

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Annex-4: Approved Sub-Consultant(s)

(Refer Clause 6.3)

(Reproduce as per Form-11 of Appendix-I)

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Annex-5: Cost of Services

(Refer Clause 6.1)

(Reproduce as per Form-2 of Appendix-II)

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Annex-6: Payment Schedule

(Refer Clause 6.3)

Key Description of Deliverable Payment

Deliverable
KD1 Inception report approved by the authority 20%

KD2 Mid-Term Report approved by Authority 20%

KD3 Draft Evaluation Report approved by 30%

Authority

KD4 Final evaluation reports approved by 30%

Authority
Total 100%

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Annex-7: Bank Guarantee for Performance Security

(Refer Clause 7.1.2)

To
[The President of India /Governor of ..................]
acting through
....................
....................
....................
In consideration of ............................. acting on behalf of the [President of India/Governor of
................................] (hereinafter referred as the “Authority”, which expression shall, unless repugnant to the
context or meaning thereof, include its successors, administrators and assigns) awarding to ………………..,
having its office at ……………….. (hereinafter referred as the “Consultant” which expression shall, unless
repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns),
vide the Authority’s Agreement no. ………………. dated ……………….. valued at Rs. ……………….. (Rupees
………………..), (hereinafter referred to as the “Agreement”) the assignment for consultancy services in
respect of the …………………. Project, and the Consultant having agreed to furnish a Bank Guarantee
amounting to Rs. ……………….. (Rupees ………………..) to the Authority for performance of the said
Agreement.

We, ……………….. (hereinafter referred to as the “Bank”) at the request of the Consultant do hereby
undertake to pay to the Authority an amount not exceeding Rs. ………………… (Rupees ………………….)
against any loss or damage caused to or suffered or would be caused to or suffered by the Authority by
reason of any breach by the said Consultant of any of the terms or conditions contained in the said Agreement.

2. We, ……………….. (indicate the name of the Bank) do hereby undertake to pay the amounts due
and payable under this Guarantee without any demur, merely on a demand from the Authority stating that the
amount/claimed is due by way of loss or damage caused to or would be caused to or suffered by the Authority
by reason of breach by the said Consultant of any of the terms or conditions contained in the said Agreement
or by reason of the Consultant’s failure to perform the said Agreement. Any such demand made on the bank
shall be conclusive as regards the 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. ……………….. (Rupees
…………………..).

3. We, ……………….. (indicate the name of the Bank) do hereby undertake to pay to the Authority any
money so demanded notwithstanding any dispute or disputes raised by the Consultant in any suit or
proceeding pending before any court or tribunal relating thereto, our liability under this present being absolute
and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for
payment thereunder and the Consultant shall have no claim against us for making such payment.

4. We, ……………….. (indicate the name of Bank) further agree that the Guarantee herein contained
shall remain in full force and effect during the period that would be required for the performance of the said
Agreement and that it shall continue to be enforceable till all the dues of the Authority under or by virtue of
the said Agreement have been fully paid and its claims satisfied or discharged or till the Authority certifies that
the terms and conditions of the said Agreement have been fully and properly carried out by the said Consultant
and accordingly discharges this Guarantee. Unless a demand or claim under this Guarantee is made on us
in writing on or before a period of one year from the date of this Guarantee, we shall be discharged from all
liability under this Guarantee thereafter.

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5. We, ………………… (indicate the name of Bank) further agree with the Authority that the Authority
shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder
to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said
Consultant from time to time or to postpone for any time or from time to time any of the powers exercisable
by the Authority against the said Consultant and to forbear or enforce any of the terms and conditions relating
to the said Agreement and we shall not be relieved from our liability by reason of any such variation, or
extension being granted to the said Consultant or for any forbearance, act or omission on the part of the
Authority or any indulgence by the Authority to the said Consultant or any such matter or thing whatsoever
which under the law relating to sureties would, but for this provision, have the effect of so relieving us.

6. This Guarantee will not be discharged due to the change in the constitution of the Bank or the
Consultant(s).

7. We, ……………….. (indicate the name of Bank) lastly undertake not to revoke this Guarantee during
its currency except with the previous consent of the Authority in writing.

8. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to Rs. ..........
crore (Rupees ........................................... crore) only. 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 2 hereof,
on or before [.......... (indicate the date falling 365 days after the date of this Guarantee)].

For ..............................................................

Name of Bank:

Seal of the Bank:

Dated, the ...........................day of ................., 20......

(Signature, name and designation of the authorised signatory)

NOTES:

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

(ii) The address, telephone no. 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.

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Schedule 3: Guidance Note on Conflict of Interest

(See Clause 2.3.3)

1. This Note further explains and illustrates the provisions of Clause 2.3 of the RFP and shall
be read together therewith in dealing with specific cases.

2. Consultants should be deemed to be in a conflict of interest situation if it can be reasonably

concluded that their position in a business or their personal interest could improperly
influence their judgment in the exercise of their duties. The process for selection of
consultants should avoid both actual and perceived conflict of interest.

3. Conflict of interest may arise between the Authority and a consultant or between consultants
and present or future contractors. Some of the situations that would involve conflict of
interest are identified below:

(a) Authority and consultants:

(i) Potential consultant should not be privy to information from the Authority
which is not available to others;

(ii) potential consultant should not have defined the project when earlier working
for the Authority;

(iii) potential consultant should not have recently worked for the Authority
overseeing the project.

(b) Consultants and contractors:

(i) No consultant should have an ownership interest or a continuing business

interest or an on-going relationship with a potential contractor save and
except relationships restricted to project-specific and short-term
assignments; or

(ii) no consultant should be involved in owning or operating entities resulting

from the project; or

(iii) no consultant should bid for works arising from the project.

The participation of companies that may be involved as investors or consumers and officials
of the Authority who have current or recent connections to the companies involved,
therefore, needs to be avoided.

4. The normal way to identify conflicts of interest is through self-declaration by consultants.

Where a conflict exists, which has not been declared, competing companies are likely to
bring this to the notice of the Authority. All conflicts must be declared as and when the
consultants become aware of them.

5. Another approach towards avoiding a conflict of interest is through the use of “Chinese walls”
to avoid the flow of commercially sensitive information from one part of the consultant’s

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company to another. This could help overcome the problem of availability of limited numbers
of experts for the project. However, in reality effective operation of “Chinese walls” may be
a difficult proposition. As a general rule, larger companies will be more capable of adopting
Chinese walls approach than smaller companies. Although, “Chinese walls” have been
relatively common for many years, they are an increasingly discredited means of avoiding
conflicts of interest and should be considered with caution. As a rule, “Chinese walls” should
be considered as unacceptable and may be accepted only in exceptional cases upon full
disclosure by a consultant coupled with provision of safeguards to the satisfaction of the
Authority.

6. Another way to avoid conflicts of interest is through the appropriate grouping of tasks. For
example, conflicts may arise if consultants drawing up the terms of reference or the
proposed documentation are also eligible for the consequent assignment or project.

7. Another form of conflict of interest called “scope–creep” arises when consultants advocate
either an unnecessary broadening of the terms of reference or make recommendations
which are not in the best interests of the Authority but which will generate further work for
the consultants. Some forms of contractual arrangements are more likely to lead to scope-
creep. For example, lump-sum contracts provide fewer incentives for this, while time and
material contracts provide built in incentives for consultants to extend the length of their
assignment.

8. Every project contains potential conflicts of interest. Consultants should not only avoid any
conflict of interest but should also report any present/ potential conflict of interest to the
Authority at the earliest. Officials of the Authority involved in development of a project shall
be responsible for identifying and resolving any conflicts of interest. It should be ensured
that safeguards are in place to preserve fair and open competition and measures should be
taken to eliminate any conflict of interest arising at any stage in the process.

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Appendices

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Appendix-I: Technical Proposal

(See Clause 2.1.3)

Form-1:
Letter of Proposal

(On Applicant’s letter head)

(Date and Reference)
To,
.......................

......................

.....................

Subject: Consultancy Services for Evaluation of Capacity Building and Human Resource
Development Scheme of CSIR

Dear Sir,

With reference to your RFP Document dated ...................... , I/ we, having examined all relevant
documents and understood their contents, hereby submit our Proposal for selection as Consultant
for the …………………… Project. The proposal is unconditional and unqualified.

2. All information provided in the Proposal and in the Appendices is true and correct and all
documents accompanying such Proposal are true copies of their respective originals.

3. This statement is made for the express purpose of appointment as the Consultant for the
aforesaid Project.

4. I/We shall make available to the Authority any additional information it may deem
necessary or require for supplementing or authenticating the Proposal.

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. I/We certify that in the last three years, we or any of our Associates have neither failed to
perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial
authority or a judicial pronouncement or arbitration award against the Applicant, nor been
expelled from any project or contract by any public authority nor have had any contract
terminated by any public authority for breach on our part.

7. I/We declare that:

(a) I/We have examined and have no reservations to the RFP Documents, including
any Addendum issued by the Authority;

(b) I/We do not have any Conflict of Interest in accordance with Clause 2.3 of the RFP

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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, as defined in Clause 4.3 of the RFP document, 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 Section 4 of the RFP, no person acting for us or on our behalf will
engage in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice.

8. I/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 Consultant,
without incurring any liability to the Applicants in accordance with Clause 2.8 of the RFP
document.

9. I/We declare that we/any member of the consortium, are/is not a Member of a/any other
Consortium applying for Selection as a Consultant.

10. I/We certify that in regard to matters other than security and integrity of the country, we
or any of our Associates 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 Consultancy for 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 / Managers /
employees.10$

13. I/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 the
Authority [and/ or the Government of India] in connection with the selection of Consultant
or in connection with the Selection Process itself in respect of the above mentioned
Project.

14. The Bid Security or Bid Security Declaration is attached, in accordance with the RFP
document.

15. I/We agree and understand that the proposal is subject to the provisions of the RFP

10
$ In case the Applicant is unable to provide the certification specified in Paragraph 12, it may precede the Paragraph by the words viz. ―Except as
specified in Schedule ………..... hereto. The exceptions to the certification or any disclosures relating thereto may be clearly stated in a Schedule to be
attached to the Application. The Authority will consider the contents of such Schedule and determine whether or not the exceptions/disclosures are
material to the suitability of the Applicant for pre-qualification hereunder.
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document. In no case, shall I/we have any claim or right of whatsoever nature if the
Consultancy for the Project is not awarded to me/us or our proposal is not opened or
rejected.

16. I/We agree to keep this offer valid for 90 (ninety) days from the Proposal Due Date
specified in the RFP.

17. A Power of Attorney in favour of the authorised signatory to sign and submit this
Proposal and documents is attached herewith in Form-4.

18. In the event of my/our firm/ consortium being selected as the Consultant, I/we agree to
enter into an agreement in accordance with the form at Schedule–2 of the RFP. We
agree not to seek any changes in the aforesaid form and agree to abide by the same.

19. I/We have studied RFP and all other documents carefully. We understand that except
to the extent as expressly set forth in the Agreement, we shall have no claim, right or
title arising out of any documents or information provided to us by the Authority or in
respect of any matter arising out of or concerning or relating to the Selection Process
including the award of Consultancy.

20. The Financial Proposal is being submitted in a separate cover. This Technical Proposal
read with the Financial Proposal shall constitute the Application which shall be binding
on us.

21. I/We agree and undertake to abide by all the terms and conditions of the RFP
Document. In witness thereof, I/we submit this Proposal under and in accordance with
the terms of the RFP Document.

Yours faithfully,

(Signature, name and designation of the authorised signatory)

(Name and seal of the Applicant / Lead Member)

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APPENDIX-I

Form-2:
Particulars of the Applicant

1.1 Title of Consultancy:

Evaluation Study for Government Scheme/Program

1.2 Title of Project:

Evaluation of Capacity Building and Human Resource Development Scheme of CSIR

1.3 State whether applying as Sole Firm or Lead Member of a consortium:

Sole Firm or
Lead Member of a consortium

1.4 State the following:

(i) Details of the Applicant
Name of Company or Firm:
Legal status (e.g. incorporated private company, unincorporated business,
partnership etc.):
Country of incorporation:
Registered address:

Year of Incorporation:
Year of commencement of business:
Principal place of business:
Brief description of the Company including details of its main lines of business

(ii) Details of the Authorized Representative of the Applicant

Name:
Designation:
Company:
Address:
Phone No.:
E-mail address:

1.5 If the Applicant is Lead Member of a consortium, state the following for each of the
other Member Firms:
(i) Name of Firm:
(ii) Legal Status and country of incorporation
(iii) Registered address and principal place of business.

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1.6 For the Applicant, (in case of a consortium, for each Member), state the following
information:

(i) In case of non-Indian Firm, does the Firm have business presence in India?
Yes/No
If so, provide the office address(es) in India.

(ii) Has the Applicant or any of the Members in case of a consortium been
penalized by any organization for poor quality of work or breach of contract in
the last five years?
Yes/No
(iii) Has the Applicant/ Member ever failed to complete any work awarded to it by
any public authority/ entity in last five years?
Yes/No
(iv) Has the Applicant or any member of the consortium been blacklisted by any
Government department/Public Sector Undertaking in the last five years?
Yes/No
(v) Has the Applicant or any of the Members, in case of a consortium, suffered
bankruptcy/insolvency in the last five years?
Yes/No

Note: If answer to any of the questions at (ii) to (v) is yes, the Applicant is not
eligible for this consultancy assignment.

1.7 (i) Does the Applicant’s firm/company (or any member of the consortium) combine
functions as a consultant or adviser along with the functions as a contractor and/or a
manufacturer?
Yes/No

(ii) If yes, does the Applicant (and other Member of the Applicant’s consortium) agree
to limit the Applicant’s role only to that of a consultant/ adviser to the Authority and to
disqualify themselves, their Associates/ affiliates, subsidiaries and/or parent
organization subsequently from work on this Project in any other capacity?
Yes/No

1.8 (i) Does the Applicant intend to borrow or hire temporarily, personnel from contractors,
manufacturers or suppliers for performance of the Consulting Services?
Yes/No

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(ii) If yes, does the Applicant agree that it will only be acceptable as Consultant, if those
contractors, manufacturers and suppliers disqualify themselves from subsequent
execution of work on this Project (including tendering relating to any goods or services
for any other part of the Project) other than that of the Consultant?
Yes/No

(iii) If yes, have any undertakings been obtained (and annexed) from such contractors,
manufacturers, etc. that they agree to disqualify themselves from subsequent
execution of work on this Project and they agree to limit their role to that of consultant/
adviser for the Authority only?
Yes/No

It is certified that the aforesaid information is true and correct to the best of my
knowledge and belief.

(Signature, name and designation of the authorised signatory)

For and on behalf of ………………..

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APPENDIX-I

Form-3:
Statement of Legal Capacity

(To be forwarded on the letter head of the Applicant)

Ref. Date:

To,

.....................

....................

....................

Dear Sir,

Sub: RFP for Evaluation of Capacity Building and Human Resource Development Scheme of
CSIR

I/We hereby confirm that we, the Applicant (along with other members in case of consortium, the
constitution of which has been described in the Proposal11$), satisfy the terms and conditions laid
down in the RFP document.

I/We have agreed that ……………….. (insert Applicant’s name) will act as the Lead Member of our
consortium.

I/We have agreed that ............................... (insert individual’s name) will act as our Authorised

Representative/ will act as the Authorised Representative of the consortium on our behalf and has
been duly authorized to submit our Proposal. Further, the authorised signatory is vested with
requisite powers to furnish such proposal and all other documents, information or communication
and authenticate the same.

Yours faithfully,

(Signature, name and designation of the authorised signatory) For and on behalf of
..............................................

11
$ Please strike out whichever is not applicable
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APPENDIX-I

Form-4:
Power of Attorney

Know all men by these presents, we, ......................................... (name of Firm and address of the
registered office) do hereby constitute, nominate, appoint and authorise Mr /
Ms........................................ son/daughter/wife and presently residing at ........................................, who is
presently employed with us and holding the position of .................... as our true and lawful attorney
(hereinafter referred to as the “Authorised Representative”) 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 the Consultant for Evaluation of Capacity
Building and Human Resource Development Scheme of CSIRproposed to be developed by the
.......................................... (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, signing and execution of all contracts 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 till
the entering into of the Agreement 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 Authorised 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 Authorised
Representative 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 ............................................
(Signature, name, designation and address)
Witnesses:
1.
2.
Notarised
Accepted
........................................
(Signature, name, designation and address of the Attorney)

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Notes:

● The mode of execution of the Power of Attorney should be in accordance with the procedure,
if any, laid down by the applicable law and the charter documents of the executant(s) and when
it is so required the same should be under common seal affixed in accordance with the required
procedure. The Power of Attorney should be executed on a non-judicial stamp paper of Rs.
100 (hundred) and duly notarised by a notary public.

● 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.

● For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney
is being issued. However, Applicants from countries that have signed the Hague Legislation
Convention 1961 need not get their Power of Attorney legalised by the Indian Embassy if it
carries a conforming Apostille certificate.

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APPENDIX-I

Form-5:
Financial Capacity of the Applicant

(Refer Clause 2.2.2 (B))

S. No. Financial Year Annual Revenue (Rs. /US$ in million)

1.

2.

3.

Certificate from the Statutory Auditor$

This is to certify that ....................... (name of the Applicant) has received the payments
shown

above against the respective years on account of professional fees.

Name of the audit firm:

Seal of the audit firm Date:

(Signature, name and designation of the authorised signatory)

$
In case the Applicant does not have a statutory auditor, it shall provide the certificate from its chartered
accountant that ordinarily audits the annual accounts of the Applicant.

Note: Please do not attach any printed Annual Financial Statement. In case relevant extracts of duly
audited Annual Financial Statements containing the requisite details are provided, duly countersigned
by the authorised signatory, a separate certification by statutory auditors would not be necessary in
respect of clause 2.2.3.

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APPENDIX-I

Form-6:
Particulars of Key Personnel

A) Details of Key Personnel

1 Designation of the Key Personnel

2 Name of the Key Personnel

3 Date of Birth

4 Nationality

5 Educational Qualification12

6 Employment Record (Starting with present position, list in reverse order every employment held)

S No Name of Firm Designation Start Date End Date

12
*For degrees obtained from the accredited foreign Boards/universities, the applicant shall furnish a self-declaration on the academic equivalence to the 'Minimum Educational Qualifications' as defined in Clause 2.2.2 (D).

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6 Employment Record (Starting with present position, list in reverse order every employment held)

S No Name of Firm Designation Start Date End Date

..

..

7 Details of Relevant Experience

S Name of Firm Designation Start Date End Date Role (in not more than 1000 characters) Sector
No

..

..

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Certification:

a. I am willing to work on the Project and I will be available for entire duration of the Project
assignment as required.

b. I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes
me, my qualifications and my experience.

(Signature and name of the Key Personnel)

Place.........................................

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APPENDIX-I

Form-7:
Proposed Methodology and Work Plan

The proposed methodology and work plan shall be described as follows:

1. Understanding of TOR (not more than two pages):

The Applicant shall clearly state its understanding of the TOR and also highlight its important
aspects. The Applicant may supplement various requirements of the TOR and also make precise
suggestions if it considers this would bring more clarity and assist in achieving the Objectives laid
down in the TOR.

2. Methodology and Work Plan (not more than four pages):

The Applicant will submit its methodology for carrying out this assignment, outlining its approach
toward achieving the Objectives laid down in the TOR, including approach, methodology,
sampling, criteria for State/UT selection etc. The Applicant will submit the following:
i Methodology for carrying out this assignment, Outlining the approach toward
achieving the Objectives laid down in the TOR
ii A brief write up on its proposed team and organization of personnel explaining how
different areas of expertise needed for this assignment have been fully covered by its
proposal
iii Survey methodology,
iv Sampling Plan,
v Criteria for State/UT selection
vi Measures to be adopted for ensuring the quality in the report
vii Plan for ensuring data quality in the primary survey
viii Specify the sequence, locations and timelines of important activities in the form of a
Gantt chart
ix The ways of translating findings from data analysis into recommendations

3. Collaboration with Academic Institutions (not more than 2 pages):

The Applicant will submit on how it plans to involve and collaborate with academic institutions
while designing and delivering on the Project. The idea is to strengthen industry-academia-
government linkages and foster a collective culture of research, innovation and advancement
knowledge.

Note: Marks can be deducted for writing lengthy and out of context responses.

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APPENDIX-I

Form-8:
Eligible Assignments of the Applicant$
(Refer Clause 3.1.4)

A) Eligible Assignments of the Applicant

No. of Eligible Assignments

S Name Brief Is the Type of Sample Is the Name of Name Value of Start End Description
No of the Description research/eval Survey size of the research the & the Date of Date of of Services
Assig of the uation study (a KII only assignme /evaluati Client & Telep contract/ the the performed by
nment Assignment for b FGD only nt (No. of ve study Address hone work Assignm Assignm the applicant
(in not more Union/State c HH only responden conduct no. of order/ ent ent (in not more
d KII, FGD &HH
than 1000 Government/ ts ed in Client’ agreemen than 1000
e KII &HH
characters) government, f KII & FGD including India? s t of the characters)
regulatory g HH & FGD) KII, HH & repres Assignme
commission, FGD) entati nt
tribunal, ve (in ₹)
multilateral
agencies,
statutory
authorities,
public sector
entities etc
(Yes/No)
(1) (2) (3.1) (3.2) (3.3) (3.4) (3.5) (3.6) (3.7) (3.8) (4) (5) (6)
1
…

$ The Applicant should provide details of only those projects that have been undertaken by it under its own name.
$$ Exchange rate for conversion of US $ shall be as per Clause 1.7.1.

Signature, name and designation of the authorised signatory)

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APPENDIX-I

Form-9:
Deployment of Personnel

Person Days
Person-Days by Week Numbers
(PD)
S.No. Designation Name
On- In ….
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
field Office

1.

2.

3.

4.

5.

6.

7.

8.

9.

Total Person days

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APPENDIX-I

Form-10:
Other Implementation Support Team Members

Item of
To be carried out by Person-Days by Week Numbers
S.No. Work/
Activity Name Designation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

1.

2.

3.

4.

5.

6.

7.

8.

9.

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APPENDIX-I

Form-11:
Proposal for Sub-Consultant(s)

1. Details of the Firm

Firm’s Name, Address and Telephone

Name and Telephone No. of the Contact

Person

Fields of Expertise

No. of Years in business in the above Fields

2. Services that are proposed to be sub contracted:

3. Person who will lead the Sub-Consultant

Name:
Designation:
Telephone No:
Email:

4. Details of Firm’s previous experience

Total
Date of
Name, address and Value of Duration of
Name of Work Completion of
telephone no. of Client Services Services
Services
Performed

1.
2.
3.

(Signature and name of the authorised signatory)

Note:

1. The Proposal for Sub-Consultant(s) shall be accompanied by the details specified in Forms 6 and 9
of Appendix-I.

2. Use separate form for each Sub-Consultant

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APPENDIX-I

Form-1213:

Bid Security Declaration Form

(On Applicant’s letter head)

(Date and Reference)

To,
.......................

......................

.....................

Subject: Bid Security Declaration for Evaluation for Evaluation of Capacity Building and
Human Resource Development Scheme of CSIR
Dear Sir,

I/We, the undersigned, declare that:

I/We understand that, according to your conditions, proposals must be supported by a Bid Security
Declaration.

I/We accept that I/We may be disqualified from bidding for any contract with you for a period of one year
from the date of notification if I am /We are in a breach of any obligation under the bid conditions, because
I/We

(a) have withdrawn/modified/amended, impairs or derogates from the tender, my/our proposal
during the period of proposal validity specified in the RFP; or

(b) having been notified of the acceptance of our proposal by the Authority during the period of
proposal validity (i) fail or refuse to execute the Agreement, if required, or (ii) fail or refuse to
furnish the Performance Security, in accordance with the Instructions to the Applicants.

I/We understand this Bid Security Declaration shall cease to be valid if I am/we are not the successful
Bidder, upon the earlier of (i) the receipt of your notification of the name of the successful Bidder; or (ii)
thirty days after the expiration of the validity of my/our Proposal.

Yours faithfully,
(Signature, name and designation of the authorised signatory)
(Name and seal of the Applicant)

13
Only applicable to academic institutions
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APPENDIX-I

Form-1314:

Letter of Intent for Technical Collaboration

(On Applicant’s letter head)

(Date and Reference)

To,
.......................

......................

.....................

Subject: Agreement for technical collaboration for Evaluation of Capacity Building and
Human Resource Development Scheme of CSIR

Dear Sir,

With reference to your RFP Document dated ...................... , I/ we, have entered into a technical
partnership for the Evaluation of Capacity Building and Human Resource Development
Scheme of CSIR. I/we, hereby, agree to collaborate and ensure direct involvement of the
university/institution in carrying out the activities related to the execution of the primary survey
and related activities.

I/We shall make available to the Authority any additional information it may deem necessary or
require for supplementing or authenticating details related to the partnership as well as updates
during the implementation of the primary survey.

Yours faithfully,

(Signature, name and designation of the authorised signatory)

(Name and seal of the Applicant / Lead Member)

(Signature, name and designation of the authorised signatory)

(Name and seal of representative of partner state university/affiliated institution)

14
Separate signed LOIs to be submitted for each collaboration prior to award of contract.
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Appendix-II:
Financial Proposal

Form 1:
Covering Letter

(On Applicant’s letter head)

(Date and Reference)

To,

......................

.......................

.......................

Dear Sir,

Subject: Consultancy Services for Evaluation of Capacity Building and Human Resource
Development Scheme of CSIR

I/We, ................................. (Applicant’s name) herewith enclose the Financial Proposal for
selection of my/our firm as Consultant for above.

I/We agree that this offer shall remain valid for a period of 90 (ninety) days from the Proposal
Due Date or such further period as may be mutually agreed upon.

Yours faithfully,

(Signature, name and designation of the authorised signatory)

Note: The Financial Proposal is to be submitted strictly as per forms given in the RFP.

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APPENDIX-II

(See Clause 2.1.3)

Form-2:
Financial Proposal
In addition to the format provided below, the financial proposal also needs to be submitted in the
Bill-of-Quantity excel format as provided separately in the tender documents.

Item No. Description Amount (Rs.)

A. RESIDENT PERSONNEL
I. Remuneration for Resident Professional Personnel
(inclusive of all personal allowances)
II. Remuneration for Resident Support Personnel (inclusive
of all personal allowances)
Sub-total Resident Personnel (A):

B. LOCAL COSTS
I. Office Rent
II. Office Consumables like stationery, communication etc.

III. Office Furniture and Equipment (Rental)

IV. Reports and Document Printing

V. Surveys & Investigations

VI. Miscellaneous Expenses

Subtotal Local Costs (B):

C. SUBTOTAL OF A+B
D. OVERHEAD EXPENSES @. % of (C)
E. GOODS AND SERVICES TAX (D)
F. TOTAL (including taxes) (C+D+E) (in Rs.)
In Indian Rupees ……………………………….............(in
figures)
………………………………………………(in words)

Note:
1. The financial evaluation shall be based on the above Financial Proposal

2. Estimate of Costs for Item A-I and A-II shall be as per Form-3.
3. Miscellaneous Expenses in Item B(VI) shall not exceed 15% (fifteen per cent) of the total amount
in Item D.

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4. No escalation on any account will be payable on the above amounts.

5. All other charges not shown here and all insurance premia are considered included in the person
day rate/ overhead/ miscellaneous expenses.

6. All payments shall be made in Indian Rupees and shall be subject to applicable Indian laws
withholding taxes if any.

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APPENDIX-II

Form-3:
Estimate of Personnel Costs
ID Person-Days Total Person-
Position Name Amount (Rs.)
No. (Rs.) Days
A1 (I). Remuneration for Resident Professional Personnel (including all personal allowances)

Total
A2 (II). Remuneration for Resident Support Personnel (including all personal allowances)

Total
Total:

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APPENDIX-III

Appendix-III: List of Bid-Specific Provisions15$

A. Clauses with currency-based footnotes

1. Introduction.

2. Clause 2.2.3: Conditions of Eligibility of Applicants.

3. Clause 2.11.3: Amendment of RFP.

Note: The above footnotes marked ― “$” shall be retained in the RFP for guidance of the
Applicants while submitting their respective Proposals.

B. Schedules with non-numeric footnotes

All non-numeric footnotes marked ―“$” in the Schedules shall be retained in the respective
Schedules for guidance of the Applicants while submitting their respective Proposals.

C. Appendices with non-numeric footnotes

All non-numeric footnotes in the Appendices shall be retained in the respective Appendices for
guidance of the Applicants. These shall be omitted by the Applicants while submitting their
respective Proposals.

D. Schedules and Appendices with blank spaces

All blank spaces in the Schedules and Appendices shall be retained in the RFP. These shall be
filled up when the format of the respective Schedule or Appendix is used.

15
$ This Appendix-III contains a list of Clauses, Schedules and Appendices that would need to be suitably modified for reflecting bid-specific
provisions. This Appendix-III may, therefore, be included in the RFP document to be issued to prospective Applicants

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APPENDIX-IV

Appendix-IV: References

Capacity Building and Human Resource Development is the umbrella scheme with
components such as Doctoral and Postdoctoral Fellowship Scheme, Extramural Research
Scheme and Emeritus Scientist Scheme. The budget details are given below:
(Rs in Crore)
S.No Components under the scheme 2017-18 2018-19 2019-20 2020-21 2021-22
Doctoral and Postdoctoral
1 Fellowship Scheme 241.86 205.27 373.32 375.33 456.17
Extramural Research Scheme and
2 Emeritus Scientist Scheme 33.52 27.04 37.34 17.8 29.3
Total 275.38 232.31 410.66 393.13 485.47

The component wise objectives are given below:

a. Doctoral and Postdoctoral Fellowship Scheme:
 To nurture the budding scientific talent and to nourish the objective of doing scientific
research by pursuing of PhD programmes.
 To identify promising young researchers with innovative ideas and provide them with
training and research opportunities in niche areas of basic science, engineering,
medicine and agriculture
 To promote postdoctoral research in the country.
 Facilitating transition from mentored to independent research career

b. Extramural Research Scheme and Emeritus Scientist Scheme: It has two sub
components which are Research Schemes and Emeritus Scientist Scheme. The
objectives of the scheme are given below:
 Extramural research schemes are intended to supplement ongoing R&D efforts in
institutions/laboratories /departments, etc where basic infrastructure exists.
 Sponsored Research Scheme is meant for encouraging collaboration between CSIR
labs and universities. It helps CSIR labs to outsource a part of their ongoing projects to
universities and universities benefit by using expertise and state-of-the-art facilities at
CSIR labs.
 To invest in basic and interdisciplinary research that is harbinger of the ‘high-tech’ and
technology of tomorrow
 Utilizing the talent and research experiences of superannuated Scientists for carrying
out research and mentoring of young researchers
 To support scientific journals in Indian languages for the popularisation of science

The component wise beneficiary details is given below:

2017- 2018- 2019- 2020- 2021-
18 19 20 21 22
Doctoral and Postdoctoral Fellowship Scheme
Junior Research Fellowship (JRF) through CSIR- 6,089 4,086 4,494 2247 927
UGC NET
Shyama Prasad Mukherjee Fellowship 30 0 72 0 50
JFR-Gate 29 39 25 55 27
SRF 723 550 197 0 0

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Research Associateship 170 230 109 0 0

Senior Research Associateship (SRA) 69 79 93 69 53
CSIR-Nehru Science Postdoctoral Research 0 20 11 0 0
Fellowship
Extramural Research Scheme and Emeritus Scientist Scheme
Research Scheme 246 178 239 69 177
Emeritus Scientist Scheme 9 19 35 31 32
Total Beneficiaries 7,365 5,201 5,775 2,471 1,266

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