selection of consultancy firm to provide project management...
Post on 01-Jan-2021
3 Views
Preview:
TRANSCRIPT
Commissioner Land Records & Settlement
(Government of M.P.)
Regd. Office : Moti Mahal, Gwalior-474001 0751-2441200, Fax No.2441202,
Email – clrgwa@nic.in, procurement.clr@mp.gov.in
Website :-www.landrecords.mp.gov.in
Selection of Consultancy firm to
provide Project Management
Support to MPLRS
REQUEST FOR PROPOSALS
RFP No.: MPCLR/2017-18/07
RFP for selection of Consultancy Firm
Disclaimer The information contained in this Request for Proposal document (the “Tender Document”) is
being provided to Consultancy Firm(s) on the terms and conditions set out in this Tender.
The purpose of this Tender document is to provide interested parties with information that may
be useful to them in making their technical and financial offers pursuant to this Tender
document. This Tender document includes statements, which reflect various assumptions and
assessments arrived at by MPLRS in relation to the Project. Such assumptions, assessments
and statements do not purport to contain all the information that each Consultancy Firm may
require. This Tender document may not be appropriate for all persons, and it is not possible for
MPLRS, its employees or advisors to consider the investment objectives, financial situation
and particular needs of each party who reads or uses this Tender document. The assumptions,
assessments, statements and information contained in the Bidding Documents may not be
complete, accurate, adequate or correct. Each Consultancy Firm should, therefore, conduct its
own investigations and analysis and should check the accuracy, adequacy, correctness,
reliability and completeness of the assumptions, assessments, statements and information
contained in this Tender Document and obtain independent advice from appropriate sources.
Information provided in this Tender document to the Consultancy Firm(s) is on a wide range
of matters, some of which may depend upon interpretation of law. The information given is
not intended to be an exhaustive account of statutory requirements and should not be regarded
as a complete or authoritative statement of law. MPLRS accepts no responsibility for the
accuracy or otherwise for any interpretation or opinion on law expressed herein.
MPLRS, its employees and advisors make no representation or warranty and shall have no
liability to any person, including any Consultancy Firm under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,
damages, costs or expenses which may arise from or be incurred or suffered on account of
anything contained in this Tender document or otherwise, including the accuracy, adequacy,
correctness, completeness or reliability of the Tender document and any assessment,
assumption, statement or information contained therein or deemed to form part of this Tender
Document or arising in any way for participation in this Bid Process. MPLRS also accepts no
liability of any nature whether resulting from negligence or otherwise howsoever caused
arising from reliance of any Consultancy Firm upon the statements contained in this tender
document.
MPLRS may in its absolute discretion, but without being under any obligation to do so, update,
amend or supplement the information, assessment or assumptions contained in this Tender
Document. The issue of this Tender Document does not imply that MPLRS is bound to select
or appoint a Consultancy Firm, as the case may be, for the Project and MPLRS reserves the
right to reject all or any of the Consultancy Firms or Bids without assigning any reason
whatsoever.
The Consultancy Firm shall bear all its costs associated with or relating to the preparation and
submission of its Bid including but not limited to preparation, copying, postage, delivery fees,
expenses associated with any demonstrations or presentations which may be required by
MPLRS or any other costs incurred in connection with or relating to its Bid. All such costs and
expenses will remain with the Consultancy Firm and MPLRS shall not be liable in any manner
whatsoever for the same or for any other costs or other expenses incurred by a Consultancy
Firm in preparation or submission of the Bid, regardless of the conduct or outcome of the
Bidding Process.
RFP for selection of Consultancy Firm
TABLE OF CLAUSES SECTION-1 ...............................................................................................................................v
Letter of Invitation .....................................................................................................................v
SECTION-2 ...............................................................................................................................3
Section 2. Instructions to Consultancy Firms and Data Sheet ...................................................5
A. General Provisions ...............................................................................................................5
1. Definitions.............................................................................................................5
2. Introduction ...........................................................................................................6
3. Conflict of Interest ................................................................................................7
4. Unfair Competitive Advantage .............................................................................8
5. Corrupt and Fraudulent Practices ..........................................................................8
6. Eligibility ..............................................................................................................8
B. Preparation of Proposals.......................................................................................................9
7. General Considerations .........................................................................................9
8. Local Condition ....................................................................................................9
9. Cost of Preparation of Proposal ..........................................................................11
10. Language .............................................................................................................11
11. Documents Comprising the Proposal..................................................................11
12. Only One Proposal ..............................................................................................11
13. Proposal Validity ................................................................................................11
14. Clarification and Amendment of RFP ................................................................12
15. Technical Proposal Format and Content .............................................................13
16. Financial Proposal ...............................................................................................13
C. Submission, Opening and Evaluation ................................................................................14
17. Submission of Proposals .....................................................................................14
18. Confidentiality ....................................................................................................14
19. Online Opening of Technical Proposals .............................................................15
20. Proposals Evaluation ...........................................................................................15
21. Evaluation of Technical Proposals......................................................................15
22. Online Opening of Financial Proposals (for QCBS) ..........................................16
23. Correction of Errors ............................................................................................16
24. Taxes ...................................................................................................................17
RFP for selection of Consultancy Firm
25. Quality- and Cost-Based Selection (QCBS) .......................................................17
D. Negotiations and Award.....................................................................................................17
26. Negotiations ........................................................................................................17
27. Conclusion of Negotiations.................................................................................18
28. Award of Contract...............................................................................................18
E. Data Sheet ............................................................................................................................19
A. General ................................................................................................................................19
Section 3. Technical Proposal – Standard Forms ...................................................................33
1. Checklist of Required Forms ................................................................................ 33 2. Form TECH-1 ....................................................................................................... 34 3. Form TECH -2 ...................................................................................................... 36
4. Form TECH-3 ....................................................................................................... 38
5. Form TECH-4 ....................................................................................................... 39 6. Form TECH-5 ....................................................................................................... 40 7. Form TECH-6 ....................................................................................................... 42
Section 4. Financial Proposal - Standard Forms .....................................................................43
8. Form FIN-1 ........................................................................................................... 44
9. Form FIN-2 ........................................................................................................... 46 10. Form FIN-3 ........................................................................................................... 47
Section 5. Terms of Reference ................................................................................................49
Section 6 - Standard Forms of Contract ...................................................................................75
RFP for selection of Consultancy Firm
SECTION-1
Letter of Invitation
RFP No.: MPCLR/2017-18/07
Dear Mr. /Ms.:
1. Department of Revenue, Government of Madhya Pradesh through the MP Land Record
Management Society, (MPLRS) is circulating this Tender Document for the Selection of a
Consultancy firm. The selected Consultancy firm would be responsible for executing all the
project components in totality, as per the provisions laid out in this Tender Document and
factoring all the applicable Laws and Statutory Compliances.
2. MPLRS now invites proposals to provide the consulting services (hereinafter called
“Services”): “Selection of consultancy firm to provide Project Management Support
and Consultant to MPLRS” More details on the Services are provided in the Terms of
Reference (Section 5).
3. A firm will be selected under Quality and Cost Based Selection (QCBS) procedures 70:30.
4. The RFP includes the following documents:
Section 1 - Letter of Invitation
Section 2 - Instructions to Consultancy Firms and Data Sheet
Section 3 - Technical Proposal - Standard Forms
Section 4 - Financial Proposal - Standard Forms
Section 5 - Terms of Reference
Section 6 - Standard Forms of Contract
5. The RFP document is available online at www.mpeproc.gov.in and http://www.
prc.mp.gov.in/. The consultancy firms are required to register on this website at no cost and
prior to the submission of proposals. Consultancy firms are also required to have a Digital
Signature (DSC) from one of the Government of India authorized Certifying Authorities in
order to submit a proposal on line at the web address indicated above. The list of the
authorized Certifying Authorities can be found http://cca.gov.in/cca /?q=licensed_ca.html.
6. For any queries on RFP, please contact:
Commissioner of Land Records & CEO
Madhya Pradesh Land Record Society (MPLRS)
O/o Commissioner Land Records & Settlement, Madhya Pradesh,
Moti Mahal, Gwalior (M.P.), PIN - 474007 0751-2441200, Fax No.2441202
Website: -www.landrecords.mp.gov.in
eMail: clrgwa@mp.nic.in, procurement.clr@mp.gov.in
RFP for selection of Consultancy Firm
7. Details on the proposal’s submission date and time are provided in Clauses 24 of the Data
Sheet.
Yours sincerely,
Commissioner of Land Records & CEO
Madhya Pradesh Land Record Society (MPLRS)
O/o Commissioner Land Records & Settlement, Madhya Pradesh,
Moti Mahal, Gwalior (M.P.), PIN - 474007 0751-2441200, Fax No.2441202,
Website: -www.landrecords.mp.gov.in
eMail: clrgwa@mp.nic.in, procurement.clr@mp.gov.in
RFP for selection of Consultancy Firm
SECTION-2
Instructions to Consultancy Firms and Data
Sheet
Section 2. Instructions to Consultancy Firms and Data Sheet
A. General Provisions
1. Definitions (a) “Affiliate(s)” means an individual or an entity that
directly or indirectly controls, is controlled by, or is under
common control with the Consultancy Firm.
(b) “Applicable Rules and Guidelines” means the policies of
the Government of MP governing the selection and
Contract award process as set forth in this RFP.
(c) “Applicable Law” means the laws and any other
instruments having the force of law in the country, as may
be specified in the Data Sheet, as they may be issued and
in force from time to time.
(d) “Consultancy Firm” means a legally-established
professional consulting firm or an entity that may provide
or provides the Services to MPLRS under the Contract.
(e) “Contract” means a legally binding written agreement
signed between MPLRS and the Consultancy Firm and
includes all the attached documents listed in its Clause 1
(the General Conditions of Contract (GCC), the Special
Conditions of Contract (SCC), and the Appendices).
(f) “Data Sheet” means an integral part of the Instructions to
Consultancy Firms (ITC) Section 2 that is used to reflect
assignment conditions to supplement, but not to over-
write, the provisions of the ITC.
(g) “Day” means a calendar day.
(h) “Experts” means, collectively, Key Experts, Non-Key
Experts, or any other personnel of the Consultancy Firm,
Sub-Consultancy Firm or Joint Venture member(s).
(i) “Government” means the Government of Madhya
Pradesh.
(j) “Joint Venture (JV)” means an association with or
without a legal personality distinct from that of its
members, of more than one Consultancy Firm where one
member has the authority to conduct all business for and
on behalf of any and all the members of the JV, and where
the members of the JV are jointly and severally liable to
MPLRS for the performance of the Contract.
6 | P a g e
(k) “Key Expert(s)” means an individual professional whose
skills, qualifications, knowledge and experience are
critical to the performance of the Services under the
Contract and whose CV is taken into account in the
technical evaluation of the Consultancy Firm’s proposal.
(l) “ITC” (this Section 2 of the RFP) means the Instructions
to Consultancy Firms that provides all information
needed to prepare their Proposals.
(m) “LOI” (this Section 1 of the RFP) means the Letter of
Invitation being sent by MPLRS to the Consultancy
Firms.
(n) “MPLRS” means Madhya Pradesh Land Record Society.
(o) “Non-Key Expert(s)” means an individual professional
provided by the Consultancy Firm or its Sub-Consultancy
Firm and who is assigned to perform the Services or any
part thereof under the Contract and whose CVs are not
evaluated individually.
(p) “Proposal” means the Technical Proposal and the
Financial Proposal of the Consultancy Firm.
(q) “RFP” means the Request for Proposals prepared by
MPLRS for the selection of Consultancy Firm.
(r) “Services” means the work to be performed by the
Consultancy Firm pursuant to the Contract.
(s) “Sub-Consultancy Firm” means an entity to whom the
Consultancy Firm intends to subcontract any part of the
Services while remaining responsible to MPLRS during
the performance of the Contract.
(t) “TORs” (this Section 5 of the RFP) means the Terms of
Reference that explain the objectives, scope of work,
activities, and tasks to be performed, respective
responsibilities of MPLRS and the Consultancy Firm,
and expected results and deliverables of the assignment.
2. Introduction 2.1 MPLRS named in the Data Sheet intends to select a
Consultancy Firm in accordance with the method of selection
specified in the Data Sheet.
2.2 The Consultancy Firms are invited to submit a Technical
Proposal and a Financial Proposal, as specified in the Data Sheet,
for consulting services required for the assignment named in the
Data Sheet. The Proposal will be the basis for negotiating and
7 | P a g e
ultimately signing the Contract with the selected Consultancy
Firm.
2.3 The Consultancy Firms should familiarize themselves
with the local conditions and take them into account in preparing
their Proposals, including attending a pre-proposal conference as
specified in the Data Sheet. Attending any such pre-proposal
conference is optional and is at the Consultancy Firms’ expense.
2.4 MPLRS will timely provide, at no cost to the Consultancy
Firms, the inputs, relevant project data, and reports required for
the preparation of the Consultancy Firm’s Proposal as specified
in the Data Sheet.
3. Conflict of
Interest
3.1 The Consultancy Firm is required to provide professional,
objective, and impartial advice, at all times holding MPLRS’s
interest paramount, strictly avoiding conflicts with other
assignments or its own corporate interest, and acting without any
consideration for future work.
3.2 The Consultancy Firm has an obligation to disclose to
MPLRS any situation of actual or potential conflict that impacts
its capacity to serve the best interest of its MPLRS. Failure to
disclose such situations may lead to the disqualification of the
Consultancy Firm or the termination of its Contract and/or
sanctions by MPLRS.
3.2.1 Without limitation on the generality of the
foregoing, and unless stated otherwise in the Data Sheet, the
Consultancy Firm shall not be hired under the circumstances
set forth below:
a. Conflicting
activities
(i) Conflict between consulting activities and procurement
of goods, works or non-consulting services: a firm that
has been engaged by MPLRS to provide goods, works,
or non-consulting services for a project, or any of its
Affiliates, shall be disqualified from providing
consulting services resulting from or directly related to
those goods, works, or non-consulting services.
Conversely, a firm hired to provide consulting services
for the preparation or implementation of a project, or
any of its Affiliates, shall be disqualified from
subsequently providing goods or works or non-
consulting services resulting from or directly related to
the consulting services for such preparation or
implementation.
b. Conflicting
assignments
(ii) Conflict among consulting assignments: a Consultancy
Firm (including its Experts and Sub-Consultancy
8 | P a g e
Firms) or any of its Affiliates shall not be hired for any
assignment that, by its nature, may be in conflict with
another assignment of the Consultancy Firm for the
same or for another MPLRS.
c. Conflicting
relationships
(iii) Relationship with MPLRS’s staff: a Consultancy Firm
(including its Experts and Sub-Consultancy Firms) that
has a close business or family relationship with a staff
of MPLRS who are directly or indirectly involved in
any part of (i) the preparation of the Terms of Reference
for the assignment, (ii) the selection process for the
Contract, or (iii) the supervision of the Contract, may
not be awarded a Contract, unless the conflict stemming
from this relationship has been resolved in a manner
acceptable to MPLRS throughout the selection process
and the execution of the Contract.
4. Unfair
Competitive
Advantage
4.1 Fairness and transparency in the selection process require
that the Consultancy Firms or their Affiliates competing for a
specific assignment do not derive a competitive advantage from
having provided consulting services related to the assignment in
question. Kindly refer the data sheet for the information on
consulting assignment. Consultancy Firms are requested to
contact MPLRS office for any kind of clarification related to this
RFP.
5. Corrupt and
Fraudulent
Practices
5.1 MPLRS requires compliance with GoMP Policy in regard to
corrupt and fraudulent practices.
5.2 In further pursuance of this policy, Consultancy Firm shall
permit MPLRS to inspect documents relating to the submission
of the Proposal and contract performance (in case of an award),
and to have them audited by auditors appointed by MPLRS.
6. Eligibility 6.1 MPLRS permits Consultancy Firms (individuals and
firms, including Joint Ventures and their individual members)
registered in India to offer consulting services.
6.2 Furthermore, it is the Consultancy Firm’s responsibility to
ensure that its Experts, joint venture members, Sub-Consultancy
Firms, sub-contractors, service providers, suppliers and/or their
employees meet the eligibility requirements as established by
MPLRS in this RFP.
a. Restrictions for
Government-
owned
Enterprises
6.3 Government-owned enterprises or institutions shall be
eligible only if they can establish that they (i) are legally and
9 | P a g e
financially autonomous, (ii) operate under commercial law, and
(iii) that they are not dependent agencies of MPLRS.
To establish eligibility, the government-owned enterprise or
institution should provide all relevant documents (including its
charter) sufficient to demonstrate that it is a legal entity separate
from the government; it does not currently receive any substantial
subsidies or budget support; it is not obligated to pass on its
surplus to the government; it can acquire rights and liabilities,
borrow funds, and can be liable for repayment of debts and be
declared bankrupt; and it is not competing for a contract to be
awarded by the government department or agency which, under
the applicable laws or regulations, is its reporting or supervisory
authority or has the ability to exercise influence or control over it.
b. Restrictions for
public employees
6.4 Government officials and civil servants are not eligible to be
included as Experts in the Consultancy Firm’s Proposal unless
such engagement does not conflict with any employment or other
laws, regulations, or policies of the GoMP, and they
(i) are on leave of absence without pay, or have resigned or
retired;
(ii) are not being hired by the same agency they were working for
before going on leave of absence without pay, resigning, or
retiring
(in case of resignation or retirement, for a period of at least 6 (six)
months, or the period established by statutory provisions applying
to civil servants or government employees whichever is longer.
Experts who are employed by the government-owned
universities, educational or research institutions are not eligible
unless they have been full time employees of their institutions for
a year or more prior to being included in Consultancy Firm’s
Proposal.; and
(iii) Their hiring would not create a conflict of interest.
B. Preparation of Proposals
7. General
Considerations
7.1 In preparing the Proposal, the Consultancy Firm is expected
to examine the RFP in detail. Material deficiencies in providing
the information requested in the RFP may result in rejection of the
Proposal.
8. Local Condition It shall be deemed that by submitting the Bid, the Consultancy
Firm has:
10 | P a g e
8.1 made a complete and careful examination of the Tender
Document;
8.2 received all relevant information requested from MPLRS;
8.3 agreed to be bound by the undertaking provided by it under
and in terms hereof;
8.4 satisfied itself about all matters, things and information
including matters referred to hereinabove necessary and required
for submitting an informed Bid, execution of the Project in
accordance with the Bidding Documents and performance of all
of its obligations there under; and
8.5 Acknowledged and agreed that inadequacy, lack of
completeness or incorrectness of information provided in the
Bidding Documents or ignorance of any of the matters referred to
in hereinabove shall not be a basis for any claim for
compensation, damages, extension of time for performance of its
obligations, loss of profits, etc. from MPLRS or a ground for
termination of the Contract by the Consultancy Firm.
8.6 It will be imperative on Consultancy Firm to fully acquaint
himself with the local conditions which would have any effect on
the performance of the contract and / or the cost.
8.7 Consultancy Firm is expected to obtain for himself, on his own
responsibility all information that may be necessary for preparing
the bid and entering into contract. Obtaining such information
shall be at Consultancy Firm’s own cost.
8.8 It will be imperative for each Consultancy Firm to fully inform
themselves of all legal conditions and factors which may have any
effect on the execution of the contract as described in the Bidding
Documents.
8.9 It is the responsibility of the Consultancy Firm that such
factors have properly been investigated and considered while
submitting the Bid and that no claim whatsoever including those
for financial adjustment to the contract awarded under the Tender
Document will be entertained by the MPLRS and that neither any
change in the time schedule of the contract nor any financial
adjustments arising thereof shall be permitted by the MPLRS on
account of failure of the Consultancy Firm to appraise themselves
of local laws and conditions.
8.10 MPLRS shall not be liable for any omission, mistake or error
in respect of any of the above or on account of any matter or thing
11 | P a g e
arising out of or concerning or relating to the tender document or
the Bidding Process.
9. Cost of
Preparation of
Proposal
9.1 The Consultancy Firm shall bear all costs associated with
the preparation and submission of its Proposal, and MPLRS shall
not be responsible or liable for those costs, regardless of the
conduct or outcome of the selection process. MPLRS is not bound
to accept any proposal and reserves the right to annul the selection
process at any time prior to Contract award, without thereby
incurring any liability to the Consultancy Firm.
10. Language 10.1 The Proposal, as well as all correspondence and
documents relating to the Proposal exchanged between the
Consultancy Firm and MPLRS, shall be written in the language(s)
specified in the Data Sheet.
11. Documents
Comprising the
Proposal
11.1 The Proposal shall comprise the documents and forms
listed in the Data Sheet.
11.2 If specified in the Data Sheet, the Consultancy Firm shall
include a statement of an undertaking of the Consultancy Firm to
observe, in competing for and executing a contract, the GoMP
laws against fraud and corruption (including bribery).
11.3 The Consultancy Firm shall furnish information on
commissions, gratuities, and fees, if any, paid or to be paid to
agents or any other party relating to this Proposal and, if awarded,
Contract execution.
12. Only One
Proposal
12.1 The Consultancy Firm (including the individual members
of any Joint Venture) shall submit only one Proposal, either in its
own name or as part of a Joint Venture in another Proposal. If a
Consultancy Firm, including any Joint Venture member, submits
or participates in more than one proposal, all such proposals shall
be disqualified and rejected. This does not, however, preclude a
Sub-Consultancy Firm, or the Consultancy Firm’s staff from
participating as Key Experts and Non-Key Experts in more than
one Proposal when circumstances justify and if stated in the Data
Sheet.
13. Proposal Validity 13.1 The Data Sheet indicates the period during which the
Consultancy Firm’s Proposal must remain valid after the Proposal
submission deadline.
13.2 During this period, the Consultancy Firm shall maintain
its original Proposal without any change, including the
availability of the Key Experts, the proposed rates and the total
price.
12 | P a g e
13.3 If it is established that any Key Expert nominated in the
Consultancy Firm’s Proposal was not available at the time of
Proposal submission or was included in the Proposal without
his/her confirmation, such Proposal shall be disqualified and
rejected for further evaluation and may be subject to sanctions in
accordance with Clause 2 of this ITC.
a. Extension of
Validity Period
13.4 MPLRS will make its best effort to complete the
negotiations within the proposal’s validity period. However,
should the need arise, MPLRS may request, by notifying all
Consultancy Firms who submitted Proposals prior to the
submission deadline to extend the Proposals’ validity. Mode of
notifications is specified in the Data Sheet.
13.5 If the Consultancy Firm agrees to extend the validity of its
Proposal, it shall be done without any change in the original
Proposal and with the confirmation of the availability of the Key
Experts.
13.6 The Consultancy Firm has the right to refuse to extend the
validity of its Proposal in which case such Proposal will not be
further evaluated.
b. Substitution of
Key Experts at
Validity
Extension
13.7 If any of the Key Experts become unavailable for the
extended validity period, the Consultancy Firm shall provide a
written adequate justification and evidence satisfactory to
MPLRS together with the substitution request. In such case, a
replacement Key Expert shall have equal or better qualifications
and experience than those of the originally proposed Key Expert.
The technical evaluation score, however, will remain to be based
on the evaluation of the CV of the original Key Expert.
13.8 If the Consultancy Firm fails to provide a replacement Key
Expert with equal or better qualifications, or if the provided
reasons for the replacement or justification are unacceptable to
MPLRS, such Proposal will be rejected.
c. Sub-
Contracting
13.9 The Consultancy Firm shall not subcontract the whole of
the Services.
14. Clarification and
Amendment of
RFP
14.1 The Consultancy Firm may request an online clarification
of any part of the RFP during the period and in accordance with
the procedure indicated in the Data Sheet before the Proposals’
submission deadline. MPLRS will respond online by uploading
the response on the portal (including an explanation of the query
but without identifying its source) for information of all
Consultancy Firms. Should MPLRS deem it necessary to amend
13 | P a g e
the RFP as a result of a clarification, it shall do so following the
procedure described below:
14.1.1 At any time before the proposal submission
deadline, MPLRS may amend the RFP by issuing an
amendment online in accordance with procedure described
in Data Sheet. The amendment shall be binding on all
Consultancy Firms.
14.1.2 If the amendment is substantial, MPLRS may
extend the proposal submission deadline to give the
Consultancy Firms reasonable time to take an amendment
into account in their Proposals.
14.2 The Consultancy Firm may submit a modified Proposal or
a modification to any part of it at any time prior to the proposal
submission deadline, online, in accordance with the procedure
described in the Data Sheet. No modifications to the Technical or
Financial Proposal shall be accepted after the deadline.
15. Technical
Proposal Format
and Content
15.1 The Technical Proposal shall not include any financial
information. A Technical Proposal containing material financial
information shall be declared non-responsive.
15.2 Consultancy Firm shall not propose alternative Key
Experts. Only one CV shall be submitted for each Key Expert
position. Failure to comply with this requirement will make the
Proposal non-responsive.
15.3 Depending on the nature of the assignment, the
Consultancy Firm is required to submit proposal as indicated in
the Data Sheet and using the Standard Forms provided in Section
3 of this RFP.
16. Financial
Proposal
16.1 The Financial Proposal shall be prepared using the
Standard Forms provided in Section 4 of the RFP. It shall list all
costs associated with the assignment, including (a) remuneration
for Key Experts and Non-Key Experts as described in the Data
Sheet.
a. Taxes 16.2 The Consultancy Firm and its Sub-Consultancy Firms
and Experts are responsible for meeting all tax liabilities arising
out of the Contract unless stated otherwise in the Data Sheet.
Information on taxes is provided in the Data Sheet.
b. Currency
of
Proposal
16.3 The Consultancy Firm may express the price for its
Services in the currency or currencies as stated in the Data Sheet.
If indicated in the Data Sheet, the portion of the price
representing local cost shall be stated in the national currency.
14 | P a g e
c. Currency
of
Payment
16.4 Payment under the Contract shall be made in the currency
or currencies in which the payment is requested in the Proposal.
C. Submission, Opening and Evaluation
17. Submission of
Proposals
17.1 The Consultancy Firm shall submit a digitally signed,
encrypted and complete Proposal comprising the documents and
forms in accordance with Clause 8 (Documents Comprising
Proposal). The submission can be done electronically through
the portal and in accordance with the procedures specified in the
Data Sheet. Proposals submitted by any other means will be
rejected.
17.2 An authorized representative of the Consultancy Firm
shall digitally sign the submission letters in the required format
for both the Technical Proposal and, if applicable, the Financial
Proposal. The authorization shall be in the form of a written
power of attorney scanned and uploaded together with the
Technical Proposal.
17.3 In the case of a Joint Venture, submission letters shall be
signed by all members so as to be legally binding on all members,
or by an authorized representative who has a written power of
attorney signed by each member’s authorized representative. The
submission letters and the power of attorney shall then be
scanned and uploaded together with the Technical Proposal.
17.4 Consultancy Firms should be aware that the electronic
procurement system does not allow for any interlineations,
erasures, or overwriting. Any modifications or revisions to the
Proposal shall be done in accordance with eprocurement system.
17.5 The Proposal or its modifications must be uploaded on
the portal no later than the deadline indicated in the Data Sheet,
or any extension to this deadline. The electronic system will not
accept any Proposal or its modification for uploading after the
deadline.
17.6 Once the Proposal is uploaded on the portal, the system
will generate a unique identification number with the stamped
submission time. The unique identification number with the time
stamp represents an acknowledgement of the Proposal
submission. Any other system’s functionality requirements are
specified in the Data Sheet.
18. Confidentiality 18.1 From the time the Proposals are opened to the time the
Contract is awarded, the Consultancy Firm should not contact
MPLRS on any matter related to its Technical and/or Financial
15 | P a g e
Proposal. Information relating to the evaluation of Proposals and
award recommendations shall not be disclosed to the
Consultancy Firms who submitted the Proposals or to any other
party not officially concerned with the process, until the
publication of the Contract award information.
18.2 Any attempt by Consultancy Firms or anyone on behalf
of the Consultancy Firm to influence improperly MPLRS in the
evaluation of the Proposals or Contract award decisions may
result in the rejection of its Proposal and may be subject to the
application of prevailing laws of GoMP.
18.3 Notwithstanding the above provisions, from the time of
the Proposals’ opening to the time of Contract award publication,
if a Consultancy Firm wishes to contact MPLRS or MPLRS on
any matter related to the selection process, it should do so only
in writing.
19. Online Opening of
Technical
Proposals
19.1 MPLRS’s evaluation committee shall conduct the opening
of the Technical Proposals online immediately after the
Proposals’ submission deadline and following the procedure
described in the Data Sheet. The folder with the Financial
Proposal shall remain unopened, encrypted and shall be securely
stored on the portal.
19.2 At the opening of the Technical Proposals the following
shall be read out and recorded online simultaneously: (i) the
name of the Consultancy Firm or, in case of a Joint Venture, the
name of the Joint Venture, the name of the lead member and the
name of other members; (ii) any modifications to the Proposal
submitted prior to proposal submission deadline; and (iii) any
other information deemed appropriate or as indicated in the Data
Sheet.
20. Proposals
Evaluation
20.1 Subject to provision of Clause 15.1 of the ITC, the
evaluators of the Technical Proposals shall have no access to the
Financial Proposals until the technical evaluation is concluded.
20.2 The Consultancy Firm is not permitted to alter or modify
its Proposal in any way after the proposal submission deadline
except as permitted under Clause 13.7 of this ITC. While
evaluating the Proposals, MPLRS will conduct the evaluation
solely on the basis of the submitted Technical and Financial
Proposals.
21. Evaluation of
Technical
Proposals
21.1 MPLRS’s evaluation committee shall evaluate the
Technical Proposals on the basis of their responsiveness to the
Terms of Reference and the RFP, applying the evaluation
16 | P a g e
criteria, sub-criteria, and point system specified in the Data
Sheet. Each responsive Proposal will be given a technical score.
A Proposal shall be rejected at this stage if it does not respond to
important aspects of the RFP or if it fails to achieve the minimum
technical score indicated in the Data Sheet.
22. Online Opening of
Financial
Proposals (for
QCBS)
22.1 After the technical evaluation is completed, MPLRS shall
notify those Consultancy Firms whose Proposals were
considered non-responsive to the RFP and TOR or did not meet
the minimum qualifying technical score by sending a notification
through the means indicated in the Data Sheet. The notification
shall also include information relating to the Consultancy Firm’s
overall technical score, as well as scores obtained for each
criterion and sub-criterion.
22.2 Financial Proposals of those Consultancy Firms whose
Technical Proposals did not meet the minimum qualifying score
shall not be opened. In such case, a notification to that effect will
be sent to the Consultancy Firm. MPLRS shall simultaneously
notify those Consultancy Firms that have achieved the minimum
overall technical score and inform them of the date, time and, if
indicated in the Data Sheet, location for online opening of the
Financial Proposals. The Consultancy Firm’s attendance at the
opening of the Financial Proposals (online, or in person, if such
option is indicated in the Data Sheet) is optional and is at the
Consultancy Firm’s choice. If the Data Sheet provides an option
of attending in person, the opening date should allow the
Consultancy Firms sufficient time to make arrangements for
attending the opening.
22.3 The Financial Proposals shall be opened online by
MPLRS’s evaluation committee as described in the Data Sheet.
At the opening, the names of the Consultancy Firms, and the
overall technical scores, including the break-down by criterion,
shall be read aloud first and recorded online simultaneously. The
Financial Proposals shall be then opened, the total prices read
aloud and recorded online simultaneously. The records of the
opening shall remain on the portal for the information of the
Consultancy Firms who submitted Proposals and MPLRS unless
the Data Sheet provides for other means of sending notifications
and the results of the financial opening.
23. Correction of
Errors
23.1 Activities and items described in the Technical Proposal but
not priced in the Financial Proposal, shall be assumed to be
included in the prices of other activities or items, and no
corrections are made to the Financial Proposal.
17 | P a g e
Lump-Sum Contracts
23.2 The Consultancy Firm is deemed to have included all prices
in the Financial Proposal, so neither arithmetical corrections nor
price adjustments shall be made. The total price, net of taxes
understood as per Clause ITC 24 below, specified in the
Financial Proposal (Form FIN-1) shall be considered as the
offered price.
24. Taxes 24.1 MPLRS’s evaluation of the Consultancy Firm’s Financial
Proposal shall exclude taxes and duties in accordance with the
instructions in the Data Sheet.
25. Quality- and Cost-
Based Selection
(QCBS)
25.1 In the case of QCBS, the total score is calculated by
weighting the technical and financial scores and adding them as
per the formula and instructions in the Data Sheet. The
Consultancy Firm achieving the highest combined technical and
financial score will be invited for negotiations.
D. Negotiations and Award
26. Negotiations 26.1 The negotiations will be held at the date and address
indicated in the Data Sheet with the Consultancy Firm’s
representative(s) who must have written power of attorney to
negotiate and shall sign a Contract on behalf of the Consultancy
Firm.
26.2 MPLRS shall prepare minutes of negotiations that are
signed by MPLRS and the Consultancy Firm’s authorized
representative.
a. Availability of
Key Experts
26.3 The invited Consultancy Firm shall confirm the availability
of all Key Experts included in the Proposal as a pre-requisite to
the negotiations, or, if applicable, a replacement in accordance
with Clause 13 of the ITC. Failure to confirm the Key Experts’
availability may result in the rejection of the Consultancy Firm’s
Proposal and MPLRS proceeding to negotiate the Contract with
the next-ranked Consultancy Firm.
26.4 Notwithstanding the above, the substitution of Key Experts
at the negotiations may be considered if due solely to
circumstances outside the reasonable control of and not
foreseeable by the Consultancy Firm, including but not limited
to death or medical incapacity. In such case, the Consultancy
Firm shall offer a substitute Key Expert within the period of time
specified in the letter of invitation to negotiate the Contract, who
shall have equivalent or better qualifications and experience than
the original candidate.
b. Technical
negotiations
26.5 The negotiations include discussions of the Terms of
Reference (TORs), the proposed methodology, MPLRS’s inputs,
18 | P a g e
the special conditions of the Contract, and finalizing the
“Description of Services” part of the Contract. These discussions
shall not substantially alter the original scope of services under
the TOR or the terms of the contract, lest the quality of the final
product, its price, or the relevance of the initial evaluation be
affected.
c. Financial
negotiations
26.6 The negotiations include the clarification of the
Consultancy Firm’s tax liability and how it should be reflected
in the Contract.
26.7 If the selection method included cost as a factor in the
evaluation, the total price stated in the Financial Proposal for a
Lump-Sum contract shall not be negotiated.
27. Conclusion of
Negotiations
27.1 The negotiations are concluded with a review of the
finalized draft Contract, which then shall be initialed by MPLRS
and the Consultancy Firm’s authorized representative.
27.2 If the negotiations fail, MPLRS shall inform the
Consultancy Firm in writing of all pending issues and
disagreements and provide a final opportunity to the Consultancy
Firm to respond. If disagreement persists, MPLRS shall
terminate the negotiations informing the Consultancy Firm of the
reasons for doing so. After having obtained MPLRS’s no
objection, MPLRS will invite the next-ranked Consultancy Firm
to negotiate a Contract. Once MPLRS commences negotiations
with the next-ranked Consultancy Firm, MPLRS shall not reopen
the earlier negotiations.
28. Award of Contract 28.1 After completing the negotiations MPLRS shall sign the
Contract; promptly notify the other Consultancy Firms and
publish the award as per the instructions in the Data Sheet.
28.2 The Consultancy Firm is expected to commence the
assignment on the date and at the location specified in the Data
Sheet.
19 | P a g e
Instructions to Consultancy Firms
E. Data Sheet
A. General
ITC
Clause
Reference
1 The name of the assignment is:
Selection of Consultancy firm to provide Project Management Support and
Consultant to MPLRS
2 Method of Selection:
Quality & Cost Based Selection (70:30)
3 Consortium is not allowed.
4 Financial Proposal to be submitted together with Technical Proposal:
Yes
5 Start date for Purchase of RFP: 20/03/2018 at 11.00 hours
6 A pre-proposal conference will be held: Yes
Date of pre-proposal conference: 02.04.2018
Time: 10.30 AM
Address:
Madhya Pradesh Land Record Society Office of the Principal Revenue Commissioner
Revenue Building, Arera Hills Bhopal - 462011, M.P (India)
Tel.: 07552550972
email: clrgwa@mp.nic.in , procurement.clr@mp.gov.in
Contact person:
Commissioner of Land Records & CEO
Madhya Pradesh Land Record Society (MPLRS)
0751-2441200, Fax No.2441202,
Email – clrgwa@nic.in
Website: -www.landrecords.mp.gov.in
eMail: clrgwa@mp.nic.in, procurement.clr@mp.gov.in
7 1. Consultancy Firms are requested to visit the following URL for more
information.
https://www.mpeproc.gov.in/
20 | P a g e
2. Details of project can be found in the ToR.
3. Agencies are requested to contact MPLRS office for any kind of
clarification, information on the project.
B. Preparation of Proposals
8 This RFP has been issued in the English language.
Proposals shall be submitted in English language.
All correspondence exchange shall be in English language.
9 The Proposal shall comprise the following:
1. Pre-Qualification Proposal:
(1) Checklist of Pre-Qualification Compliance
(2) Documentary Evidence of Pre-Qualification Compliance
2. Technical Proposal:
(1) Power of Attorney to sign the Proposal
(2) TECH-1
(3) TECH-2
(4) TECH-3
(5) TECH-4
(6) TECH-5
(7) TECH-6
3. Financial Proposal:
(1) FIN-1
(2) FIN-2
(3) FIN -3
10 Statement of Undertaking is required
Yes, As per the covering letter of Technical proposal
11 Important Dates: -
S# Activity Date/Time
1 Last date for Purchase of RFP 10/04/2018 at 2.59 PM
2 Last date of submission of Proposal 10/04/2018 at 3.00 PM
3 Date of opening of Pre-Qualification Bid 10/04/2018 at 3.30 PM
4 Date of opening of Technical Bid 16/04/2018 at 4.00 PM
5 Date of opening of Financial Bid To be Intimated
6 Expected date of Signing of Contract 26/04/2018
21 | P a g e
12 Participation of Sub-Consultancy Firms, Key Experts and Non-Key Experts in
more than one Proposal is permissible;
No
13 Proposals must remain valid for 120 calendar days after the proposal
submission deadline (i.e., until: 08.08.2018).
In case MPLRS feels that the proposal validity should be extended in order to
get formal approval and go-ahead. MPLRS will send a confirmation mail to
all Consultancy Firms.
14 All Consultancy Firms may send their consent via email to extend the validity
of proposal for another 30 days.
15 Clarifications may be requested no later than 10 days prior to the submission
deadline.
All requests for clarifications in MS Excel formal shall be made via email:
clrgwa@mp.nic.in, procurement.clr@mp.gov.in
Format of clarification
S# RFP reference /
Page no.
RFP Clause Clarification Sought /
Query
Clarifications sent through any other medium and format shall not be
accepted.
16 Online submission of modifications by the Consultancy Firm are as per the
process defined in https://www.mpeproc.gov.in.
17 Project Duration: 60 months from the date of signing of contract.
18 Consultancy Firms may associate with
(a) Non-Consultancy Firm(s): No
or
(b) Other Consultancy Firms: No
19
Estimated input of Experts’ time-input: 660 person-months.
20 Submission of the Pre-Qualification Proposal, Technical Proposal and
Financial Proposal in a wrong format may lead to the Proposal being deemed
non-responsive to the RFP requirements.
22 | P a g e
21 “Information on the Consultancy Firm’s tax obligations can be found
http://www.incometaxindia.gov.in and http://www.mp.gov.in/.
C. Submission, Opening and Evaluation
22 Consultancy Firms shall submit their Proposals electronically on the
portal: www.mpeproc.gov.in.
For participation in e-tendering, it is mandatory for prospective
Consultancy Firms to get registered on website www.mpeproc.gov.in.
Therefore, it is advised to all prospective Consultancy Firms to get
registration by making on line registration fees payment at the earliest.
Tender documents can be downloaded from website
www.mpeproc.gov.in. However, the tender document of those
Consultancy Firms shall be acceptable who have made online payment for
the tender documents fee of Rs 5,000/- (Rs Five Thousand only) +
processing fee as applicable (non-refundable) to be paid online through
the eProcurement portal (website www.mpeproc.gov.in), without which
bids will not be accepted.
Service and gateway charges shall be borne by the Consultancy Firms.
23 Earnest Money Deposit (EMD)
Consultancy Firms shall submit an EMD of Rs, 2 Lakh online through the
eProcurement portal (website www.mpeproc.gov.in) or submit a Demand
Draft.
Copy of proof of online EMD submission, shall be submitted with
Technical Bid.
In case of Demand Draft, a scanned copy of Demand Draft shall be
submitted with Technical Bid.
Hard copy of Demand Draft shall be submitted before date & time of Bid
opening.
The bid will be disqualified if the EMD is not submitted within the
stipulated timeline. Unsuccessful Consultancy Firms’s EMD will be
released as promptly as possible, but not later than 90 days after the award
of the contract to the successful Consultancy Firm.
The EMD may be forfeited in following cases:
If a Consultancy Firm withdraws his bid or increases his quoted prices
during the period of bid validity or its extended period, if any; or
23 | P a g e
In the case of a successful Consultancy Firm if it fails within the specified
time limit to sign the Agreement.
24 Performance Bank Guarantee
The selected Consultancy Firm shall at his own expense, deposit with
MPLRS, within Fifteen (15) working days of the; date of notice of award
(LoI) or prior to signing of the contract, whichever is earlier, an
unconditional and irrevocable Performance Bank Guarantee (PBG) from
a Scheduled/ nationalized Bank of a value equivalent to 10% of the
Contract Value of first year only, acceptable to MPLRS, for the due
performance and fulfilment of the contract by the successful Consulting
Firm.
Performance Bank Guarantee shall be submitted at the beginning of every
year and before the expiry of previously submitted Bank Guarantee.
Performance Bank Guarantee should be valid up to 3 Months beyond the
contract period.
Performance Bank Guarantee may be forfeited by the MPLRS,
o If the Successful Consultancy Firm fails to perform within the
period(s) specified in the Contract, or within any extension thereof
granted by the MPLRS pursuant to conditions of contract clause or
if the Successful Consultancy Firm fails to perform any other
obligation(s) under the Contract.
o Except as provided above, a delay by the successful Consultancy
Firm in the performance of its delivery obligations shall render the
successful Consultancy Firm liable to the imposition of liquidated
damages pursuant to conditions of Contract. The selected
Consultancy Firm shall indemnify MPLRS in case any of the
resources deployed by them damages the equipment, assets etc.
owned by MPLRS. Further, without prejudice to its other remedies
under the Contract, the contract can be terminated by MPLRS and
the Performance Bank Guarantee can be forfeited.
25 The Proposals must be submitted online no later than:
Date: 10-04-2018
Time: 15.00 hr India Standard Time (i.e. 3.00 PM)
26 For participation in e-tendering, it is mandatory for prospective
Consultancy Firms to get registration on website www.mpeproc.gov.in.
Therefore, it is advised to all prospective Consultancy Firms to get
registration by making on line registration fees payment at the earliest.
24 | P a g e
Tender documents can be purchased only online and can be downloaded
from website www.mpeproc.gov.in by making online payment for the
tender documents fee.
Service and gateway charges shall be borne by the Consultancy Firms.
Since the Consultancy Firms are required to sign their bids online using
class – III Digital Signature Certificate, they are advised to obtain the same
at the earliest.
For further information regarding issue of Digital Signature Certificate,
the Consultancy Firms are requested to visit website www.mpeproc.gov.in
. Please note that it may take up to 7 to 10 working days for issue of Digital
Signature Certificate. MPLRS will not be responsible for delay in issue of
Digital Signature Certificate.
If a Consultancy Firm is bidding first time through e-tendering, then it is
obligatory on the part of Consultancy Firm to fulfil all formalities such as
registration, obtaining Digital Signature Certificate etc. well in advance.
Consultancy Firms are requested to visit our e-tendering website regularly
for any clarification and / or due date extension.
Consultancy Firms must positively complete online e-tendering procedure
at www.mpeproc.gov.in
For any type of clarification Consultancy Firms can / visit
www.mpeproc.gov.in and held desk contract no. 18002588684 Mail id:
eproc_helpdesk@mpsdc.gov.in Support timings: Monday to Saturday
from 10:00 AM to 7:00 PM.
Interested Consultancy Firms may attend the free training programme in
Bhopal at their own cost. For further query please contact help desk.
27 Consultancy Firms are requested to upload the relevant documents in the
space provided at MP eProcurement Portal.
1. Pre-qualification Proposal.
2. Technical Proposal.
3. Financial Proposal.
An online opening of the Pre-Qualification, Technical and Financial
Proposals will be conducted.
28 The procedure for online opening of Proposals can be seen at
www.mpeproc.gov.in
Consultancy Firms have an option to attend the opening of the Pre-
Qualification, Technical and Financial Proposals in person.
The opening shall take place at:
Online from MPLRS (Madhya Pradesh Land Record Society) office
Madhya Pradesh Land Record Society Office of the Principal Revenue Commissioner
Revenue Building, Arera Hills Bhopal - 462011, M.P (India)
25 | P a g e
Tel.: 07552550972
Date: same as the submission deadline indicated in 24. (i.e. 10-04-2018)
Time: 15:30 local time (i.e. 3.30 PM)
29 Contact Person: Chief Executive Officer, MPLRS
Address of Communication:
Commissioner of Land Records & CEO
Madhya Pradesh Land Record Society (MPLRS)
O/o Commissioner Land Records & Settlement, Madhya Pradesh,
Moti Mahal, Gwalior (M.P.), PIN - 474007 0751-2441200, Fax No.2441202,
Email – clrgwa@nic.in
Website: -www.landrecords.mp.gov.in
eMail: clrgwa@mp.nic.in, procurement.clr@mp.gov.in
30 Pre-Qualification (Mandatory) Criteria for compliance:
All Consultancy Firms should comply the following Pre-qualification criteria.
Consultancy Firms are requested to upload the relevant forms and supporting
documents against each criterion. The Consultancy Firms should possess the
requisite experience, strength and capabilities to meet the requirements as
described in the Bidding document. Keeping in view the complexity & volume
of the work involved, the following criteria are prescribed as pre-qualification
criteria for Consulting Firms interested in undertaking the project.
S# Pre-qualification Criteria Document to be
submitted
1. For the purpose of this RFP document,
a Consultancy Firm shall mean a
company registered in India under the
Companies Act, 1956 or a partnership
firm registered under the Limited
Liability Partnership Act of 2008 and
operating from the last 5 years as of
December 31, 2017 in India.
Certificate of
Incorporation,
Memorandum,
Articles of
Associations
2. 2.1 The Consultancy Firm should have
Minimum Average Annual turnover of
Rs. 50 crores from Consulting and IT
Business in India during the last three
Financial Years (FY16-17, FY 15-16
and FY14-15).
Chartered Accountant
certificate for Average
Annual Turnover and
PAT should be
attached.
26 | P a g e
2.2 The Consultancy Firm should have
positive PAT (Profit After Tax) during
the last 3 financial year (16-17, 15-16
and 14-15).
3. 3 consultancy projects completed with
minimum 6-month duration to any
Central, State Government Departments
or PSUs in India involving Government
Process Reengineering, Simplification
of procedures or Implementation of
Information Communication
Technology in government System of
value Rs. 75 Lakh cumulative for all 3.
Project citation as per
the format Tech-6, and
completion certificate
for completed project
from client or self-
certificate for ongoing
projects.
4. The Consultancy Firm must have on its
payroll at least 100 technically qualified
professionals in the area of Government
Consulting, IT Systems Design and
Development, Technology Solutioning
and Business Intelligence combined.
Declaration from HR
as per Annexure.
5. The Consultancy Firm shall not be
under a declaration of ineligibility for
corrupt or fraudulent practices or
blacklisted with any of the Government
agency in India during the last three
years as on the last date of submission
of bid.
Declaration in this
regard by the
authorized signatory
of the Consultancy
Firm should be
attached.
31 a) Technical Proposals of only those Consultancy Firms who have been
found to be in compliance with the Pre-Qualification Criteria and
submitted the EMD would be taken up by the MPLRS for further
evaluation. The Consultancy Firms who do not meet the pre-
qualification criteria will not be taken up for further evaluation.
b) The Evaluation Committee based on technical evaluation framework
mentioned in the table below shall evaluate each proposal and allot
technical score as per the Technical criteria.
c) In the technical evaluation, it is mandatory for the Consultancy Firms
to score at least 70% of the marks to be qualified to be considered for
Financial Evaluation. Those Consultancy Firms who fail to attain this
minimum score shall be technically disqualified and shall not be
considered for further evaluation.
27 | P a g e
32 In addition, the following information will be read aloud at the opening of the
Technical Proposals:
1. Name of participating Consultancy Firms.
2. Last date of Proposal Submission.
33 Criteria, sub-criteria, and point system for the evaluation of the Technical
Proposals are:
S# Evaluation Criteria Points
(i) One project management support experience related to;
Digitization of Land Parcels Using;
mapping Software (Re-creating digitized village
or Town Map. (Property Number / Land
Identification Number/ Survey Number)
Use of GIS on Land Administration
Land Records Computerization or
Scanning and Indexing of Documents related to
Land Record or Revenue Department
5
(ii) Adequacy and quality of the proposed methodology, and
work plan in responding to the Terms of Reference.
Adequacy of approach: 10 Marks
Adequacy of Methodology: 10 Marks
Ensuring Quality of Deliverables: 10 Marks
Work Plan: 5 Marks
Value Addition: 5 Marks
40
(iii) Key Experts’ evaluation for the Assignment:
Key
Expert Position Marks
K-1 Principal Consultant – (Program
Management): PMU Head
12
K-2 Principal Consultant – GPR 8
K-3 Senior Consultant (Technology
Management): GIS (Data, Survey,
Mapping)
8
K-4 Senior Consultant (Technology
Management): Remote Sensing
8
K-5 Senior Consultant (Technology
Management): Application
Development
8
K-6 Senior Consultant (Legal) 8
{Notes to Consultancy Firm: Each position number
corresponds to the same for Key Experts in Form
TECH-5 to be prepared by the Consultancy Firm. For
each position above one resource is required.}
52
28 | P a g e
Responsiveness of the proposal
Compliance of scope of work in the approach &
Methodology.
Compliance of information provided as per the
format.
Provision of checklist and indexing of information.
3
Total Marks 100
Total Points for the above criteria: 100
The minimum technical score (St) required to pass is: 70
34 Rating /Marking of Overall Approach and Methodology for the project:
S# Head Sub-criteria Requirements Rating / Marks
1 Adequacy of
approach
Methodology
Quality of
Deliverables
Understanding of the
objective of
Assignment.
Completeness and
Responsiveness.
Clarity on Activities.
Proposed Methodology
Appropriateness for the
assignment.
Creativeness &
Innovation Proposed.
Ensuring Timelines of
Output.
Flexibility and
Adaptability.
Use of well-established
Quality Management
System during the
project execution.
Excellent: 10 Marks
Good: 8 Marks
Average: 6 Marks
Below Average: 4
Marks
2 Work Plan
Value
addition
Project Work Plan with
Activities.
Resource’s work
Assignment.
Use of support resources.
Value Addition by the
firm
Excellent: 5 Marks
Good: 4 Marks
Average: 3 Marks
Below Average: 2
Marks
Rating definitions for each sub-criterion are explained as under: -
Excellent- The proposal exceeds the sub-criteria requirements.
Good- The proposal fully meets the sub-criteria requirement.
Average-The proposal adequately meets the sub-criteria
requirements, but there are minor deficiencies.
29 | P a g e
Below average-The proposal has significant deficiencies against the
sub-criteria requirements that will probably impact negatively on
implementation of the assignments.
35 Evaluation Matrix of Key Expert;
Key
Expert
Position Marking Matrix Total
Marks
1 Principal
Consultant –
(Program
Managemen
t): PMU
Head
Certificatio
n
PMP/ PRINCE 2/ ITIL 1
Marks
Relevant
Experience
Equal to 8 Year: 0 M
For additional every year:
1 Mark
Maximum: 4 Marks
4
Marks
Relevant
Assignmen
t
eGovernance reforms
project experience
Equal to 1 projects: 0 M
For additional every
project: 1 Mark,
Maximum 4 Mark
4
Marks
Land
and/or
Revenue
Sector
Reform
Related
Assignmen
t
Land and/or Revenue
Sector reform project
experience
Equal to 1 projects: 1
Mark
Then, For additional
every project: 0.5M,
Maximum 1 Mark
2
Marks
Working
level
fluency in
Hindi
language
Knowledge of
government working in
Hindi language
(Project Experience of
Hindi Language State)
1
Marks
12
2 Principal
Consultant –
GPR
Certification PMP/PRINCE 2/ITIL 1 Mark
Relevant
Experience
Equal to 8 Year: 0 M
For additional every year:
1 Mark
Maximum 3 Mark
3 Marks
Relevant
Assignment
GPR in government
system project experience
Equal to 1 projects: 0 M
For additional every
project: 1 Mark,
Maximum 3 Mark
3 Marks
Working
level fluency
in Hindi
language
Knowledge of
government working in
Hindi language (Project
Experience of Hindi
Language State)
1 Marks
8
3 Senior
Consultant
8
30 | P a g e
(Technology
Managemen
t) GIS
(Data,
Survey,
Mapping)
Certification Industry Certification
on GIS Technologies
1
Marks
Relevant
Experience:
Technology
Implementat
ion
Equal to 5 Year: 0 M
For additional every
year: 1 Mark
Maximum: 3 Marks
3
Marks
Relevant
Assignment
GIS (Data,
Survey,
Mapping)
eGovernance reforms
project experience
Equal to 1 projects: 1
M
Then, For additional
every project: 1 Mark,
Maximum 2 Mark
3
Marks
Working
level fluency
in Hindi
language
Knowledge of
government working in
Hindi language (Project
Experience of Hindi
Language State)
1
Marks
4 Senior
Consultant
(Technology
Managemen
t): Remote
Sensing
Certification Industry Certification
on GIS Technologies
1
Marks
Relevant
Experience:
Technology
Implementat
ion
Equal to 5 Year: 0 M
For additional every
year: 1 Mark
Maximum: 3 Marks
3
Marks
Relevant
Assignment
GIS
(Remote
Sensing)
eGovernance reforms
project experience
Equal to 1 projects: 1
M
Then, For additional
every project: 1 Mark,
Maximum 2 Mark
3
Marks
Working
level fluency
in Hindi
language
Knowledge of
government working in
Hindi language (Project
Experience of Hindi
Language State)
1
Marks
8
5 Senior
Consultant
(Technology
Managemen
t)
Application
Developmen
t
Certification Industry Certification
on web/Software
Technologies
1
Marks
Relevant
Experience:
Technology
Implementat
ion
Equal to 5 Year: 0 M
For additional every
year: 1 Mark
Maximum: 3 Marks
3
Marks
Relevant
Assignment:
Application
Developmen
t
eGovernance reforms
project experience
Equal to 1 projects: 1
M
3
Marks
8
31 | P a g e
Then, For additional
every project: 1 Mark,
Maximum 2 Mark
Working
level fluency
in Hindi
language
Knowledge of
government working in
Hindi language (Project
Experience of Hindi
Language State)
1
Marks
6 Senior
Consultant:
(Legal)
Relevant
Experience
Equal to 5 Year: 1 M
Then, For additional
every year: 1 Mark,
Maximum: 3 Marks.
4 Marks
Relevant
Assignmen
t
Public/Government
Sector experience of
minimum six-month
duration for each
project;
1 Projects: 2 Marks
2 or More Projects: 3
Marks
3 Marks
Working
level
fluency in
Hindi
language
Knowledge of
government working in
Hindi language
(One project
Experience of Hindi
Language State)
1 Marks
8
36 Notifications to the Consultancy Firms will be sent as following:
(a) Consultancy Firms whose Proposals were considered non-responsive or
did not meet the minimum qualifying technical score will be informed via
email.
(b) Consultancy Firms who have passed the minimum technical score will be
invited to the opening of the Financial Proposal via email.
(c) Consultancy Firms can participate in the Financial Proposal opening in
person. The address, date and time of opening of Financial Proposal will be
send on email.
37 The online opening procedure shall be as following:
The procedure for online opening of Technical Proposals can be seen at
www.mpeproc.gov.in
The procedure for notifying the Consultancy Firms on the results of the
Financial opening shall be through email.
32 | P a g e
Consultancy Firms can participate in the Financial Proposal opening in
person. The address, date and time of opening of Financial Proposal will be
send on email.
38 MPLRS will exclude taxes for the purpose of the evaluation.
Taxes as per prevailing rates, levied on the consultancy firm’s invoices
shall be paid at the time of payments.
39 The single currency for all prices expressed is: Indian Rupee (INR)
40
The lowest evaluated Financial Proposal (Fm) is given the maximum
financial score (Sf) of 100.
The formula for determining the financial scores (Sf) of all other Proposals
is calculated as following:
Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest
price, and “F” the price of the proposal under consideration.
The weights given to the Technical (T) and Financial (P) Proposals are:
T = 70, and
P = 30
Proposals are ranked according to their combined technical (St) and financial
(Sf) scores using the weights (T = the weight given to the Technical Proposal;
P = the weight given to the Financial Proposal; T + P = 1) as following: S =
St x T% + Sf x P%.
D. Negotiations and Award
41 Expected date and address for contract negotiations:
Date: 23.04.2018
Address: Madhya Pradesh Land Record Society (MPLRS)
Office of the Principal Revenue Commissioner
Revenue Building, Arera Hills Bhopal - 462011, M.P (India)
42 Procedure for notifying unsuccessful Consultancy Firms and for
publishing the contract award information is as following:
Following the award, completion of the contract negotiations and contract
signing, other Consultancy Firms will be notified through email.
43 Expected date for the commencement of the Services:
Date: The date of signing of contract 26-04-2018 at: MPLRS Office Bhopal
Section 3. Technical Proposal – Standard Forms
{Notes to Consultancy Firm shown in brackets { } throughout Section 3 provide guidance to
the Consultancy Firm to prepare the Technical Proposal; they should not appear on the
Proposals to be submitted.}
CHECKLIST OF REQUIRED FORMS
All pages of the Technical and Financial Proposal shall be initialled and sealed by the
same authorized representative of the Consultancy Firm who signs the Proposal.
Checklist of forms should be provided at the beginning of proposal.
All pages of the proposal should be numbered and Table of Content should be
provided.
S# FORM DESCRIPTION
1 TECH-1 Technical Proposal Submission Form.
2 TECH-2 Power of Attorney (As per the enclosed format)
3 TECH-3 Description of the Approach, Methodology, and Work Plan
for Performing the Assignment
4 TECH-4 Work Schedule and Planning for Deliverables
5 TECH-5 Team Composition, Curriculum Vitae (CV)
6 TECH-6 Project Implementation Strength
34 | P a g e
FORM TECH-1
TECHNICAL PROPOSAL SUBMISSION FORM
{Bhopal, Date}
To:
Commissioner of Land Records & CEO
Madhya Pradesh Land Record Society (MPLRS)
O/o Commissioner Land Records & Settlement, Madhya Pradesh,
Moti Mahal, Gwalior (M.P.), PIN - 474007
Dear Sir:
We, the undersigned, offer to provide the consulting services to MPLRS in accordance
with your RFP No.: MPCLR/2017-18/07 dated 20.03.2018 and our Proposal. “We are hereby
submitting our Proposal, which includes this Technical Proposal and a Financial Proposal.”
We hereby declare that:
(a) All the information and statements made in this Proposal are true and we accept
that any misinterpretation or misrepresentation contained in this Proposal may
lead to our disqualification by MPLRS and/or may be sanctioned by MPLRS.
(b) Our Proposal shall be valid and remain binding upon us for the period of time
specified in the Data Sheet, Clause 12.1.
(c) We have no conflict of interest in accordance with ITC 3.
(d) We meet the eligibility requirements as stated in ITC 6, and we confirm our
understanding of our obligation to abide by the policy in regard to corrupt and
fraudulent practices as per ITC 5.
(e) In competing for (and, if the award is made to us, in executing) the Contract, we
undertake to observe the laws against fraud and corruption, including bribery, in
force.
(f) Except as stated in the ITC, Clause 26, we undertake to negotiate a Contract on
the basis of the proposed Key Experts and approach and methodology. We
accept that the substitution of Key Experts for reasons other than those stated in
ITC Clause 13 and ITC Clause 26 may lead to the termination of Contract
negotiations.
35 | P a g e
(g) Our Proposal is binding upon us and subject to any modifications resulting from
the Contract negotiations.
We undertake, if our Proposal is accepted and the Contract is signed, to initiate the
Services related to the assignment no later than the date indicated in Clause 41 of the Data
Sheet.
We understand that MPLRS is not bound to accept any Proposal that MPLRS receives.
We remain,
Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Consultancy Firm (company’s name):
In the capacity of:
Address:
Contact information (phone and e-mail):
36 | P a g e
FORM TECH -2
Power of Attorney
Know all men by these presents, we, …………………………… (name of the firm and address
of the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr.
/ Ms (Name), son/daughter/wife of ……………………………… and presently residing at
………………………………….., who is presently employed with us, holding the position of
………………………….., as our true and lawful attorney (hereinafter referred to as the
“Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary
or required in connection with or incidental to submission of our bid for MPLRS, including but
not limited to signing and submission of all applications, bids and other documents and writings,
participate in Consultancy Firms' and other conferences and providing information / responses
to the MPLRS, representing us in all matters before MPLRS, signing and execution of all
contracts and undertakings consequent to acceptance of our bid, and generally dealing with the
MPLRS in all matters in connection with or relating to or arising out of our bid for the said
Project and/or upon award thereof to us and/or till the entering into of the agreement with
MPLRS.
AND we do hereby agree to ratify and confirm all acts, deeds and things done or caused to be
done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of
Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers
hereby conferred shall and shall always be deemed to have been done by us.
IN WITNESS WHEREOF WE, …………………………..., THE ABOVE-NAMED
PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS
……………………… DAY OF ……………………., 20. ….
For…………………………….
(Signature, name, designation and
address)
Witnesses:
1. …………………...
2. …………………….
Accepted Notarized
(Signature, name, designation and
address of the Attorney)
37 | P a g e
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.
Wherever required, the Consultancy Firm should submit for verification the extract of the
charter documents and documents such as a board or shareholders resolution/ power of attorney
in favor of the person executing this Power of Attorney for the delegation of power hereunder
on behalf of the Consultancy Firm.
38 | P a g e
FORM TECH-3
DESCRIPTION OF APPROACH, METHODOLOGY, AND WORK PLAN FOR
PERFORMING THE ASSIGNMENT
Form TECH-4: a description of the approach, methodology, and work plan for performing the
assignment, including a detailed description of the proposed methodology and staffing
requirements.
{Suggested structure of your Technical Proposal}
a) Consultancy Firm’s Understanding of requirements, Current Status of different projects,
ICT intervention and GPR intervention needs, importance of integration of different
projects, External interfaces and role of PMU.
b) Technical Approach, Methodology, and Organization of the Consultancy Firm’s
team. {The technical approach and the methodology you would adopt for implementing
the tasks to deliver the expected output(s); the degree of detail of such output; Planning
of Quality Control Parameters, Reporting Structure, Risk and Mitigation plan(s), Value
addition by consultancy firm and structure and composition of your team. Please do not
repeat/copy the TORs in here.}
b) Draft Work Plan and Staffing. {Please outline the draft plan for the implementation of
the main activities/tasks of the assignment, their content and duration, phasing and
interrelations, Quality Control, milestones (including interim approvals by MPLRS),
and tentative delivery dates of the reports. The proposed work plan should be consistent
with the technical approach and methodology, showing understanding of the TOR and
ability to translate them into a feasible working plan and work schedule showing the
assigned tasks for each expert. A list of the final documents/applications/ databases/
learning manuals (including reports) to be delivered as final output(s) should be
included here. The work plan should be consistent with the Work Schedule Form.}
c) Comments (on the TOR and on counterpart staff and facilities)
{Your suggestions should be concise and to the point and incorporated in your Proposal.
Please also include comments, if any, on counterpart staff and facilities to be provided
by MPLRS. For example, administrative support, office space, local transportation,
equipment, data, background reports, etc.}
39 | P a g e
FORM TECH-4
DRAFT WORK SCHEDULE AND PLANNING FOR DELIVERABLES
N° Deliverables Proposed 1 (D-.) Months
1 2 3 4 5 6 7 8 9 ..... n TOTAL
D-1 {e.g., Deliverable #1: Report A
1) data collection
2) drafting
3) inception report
4) incorporating comments
5) .........................................
6) delivery of final report to MPLRS}
D-2 {e.g., Deliverable #2: ...............}
n
1 List the deliverables with the breakdown for activities required to produce them and other benchmarks such as MPLRS’s approvals. For phased assignments,
indicate the activities, delivery of reports, and benchmarks separately for each phase. 2 Duration of activities shall be indicated in a form of a bar chart. 3. Include a legend, if necessary, to help read the chart.
FORM TECH-5
CURRICULUM VITAE (CV)
1. Name of Staff :
2. Proposed Position :
3. Employer: :
4. Date of Birth: : DD/MM/YYYY Nationality:
5. Education
S# Degree/certificate or
other specialized
education obtained
School, college
and/or University
Attended
Degree/certificate
Issuing University/
Board/ Agency
Year
Obtained
6. Professional Certification or Membership in Professional Associations:
7. Other Relevant Training/ Certification:
8. Languages Known:
Language Read Write Speak
9. Employment Record:
From [Year/Month]: To
Employer:
Positions held:
41 | P a g e
11. Detailed Tasks Assigned [List all tasks to be performed under this assignment]:
12. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned Assignment 1
1 Name of assignment or
project:
2 Year
3 Name of Client &
Location
4 Main project features
5
Positions held
6 Activities performed
(List all deliverables
/tasks as in TECH- 5 in
which the Expert was
involved)
Certification: I, the undersigned, certify that to the best of my knowledge and belief, this CV
correctly describes myself, my qualifications, and my experience, and I am available to
undertake the assignment in case of an award. I understand that any misstatement or
misrepresentation described herein may lead to my disqualification or dismissal by MPLRS,
and/or sanctions by MPLRS.
{Day/month/year}
Name of Expert Signature Date
{Day/month/year}
Name of authorized Signature Date
Representative of the Consultancy Firm
(the same who signs the Proposal)
42 | P a g e
FORM TECH-6
PROJECT IMPLEMENTATION STRENGTH
1. Assignment name: 2. Approx. Value of Services:
3. Name of State/UT: 4. Duration of assignment (months):
5. Name of Client: 6. Address of Client Location where services
delivered:
7. Contact Person,
Title/Designation, Tel. No.:
8. No. of professional staff-months provided by
your firm/organization:
9. Start date (month/year): 10. Completion date (month/year):
11. Status of Project: Completed/ Ongoing
12. Description of Project and Actual Service Provided:
13. How this project experience is similar to the scope provided with this RFP (Write a
brief note in not more than 50 to 75 words):
Note: Each citation shall be evaluated for necessary compliance to meet the eligibility
criteria. Copy of Completion Certificate/ Self Certificate {wherever required} should be
submitted.
43 | P a g e
Section 4. Financial Proposal - Standard Forms
{Notes to Consultancy Firm shown in brackets { } provides guidance to prepare the Financial
Proposals; they should not appear on the Financial Proposals to be submitted.}
Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal
according to the instructions provided in Section 2.
FIN-1 Financial Proposal Submission Form
FIN-2 Summary of Costs
FIN-3 Breakup of Costs
44 | P a g e
FORM FIN-1
FINANCIAL PROPOSAL SUBMISSION FORM
{Location, Date}
To:
Commissioner of Land Records & CEO
Madhya Pradesh Land Record Society (MPLRS)
O/o Commissioner Land Records & Settlement, Madhya Pradesh,
Moti Mahal, Gwalior (M.P.), PIN - 474007
Dear Sir,
We, the undersigned, offer to provide the consulting services to MPLRS (Madhya
Pradesh Land Record Society) in accordance with your RFP No.: MPCLR/2017-18/07 dated
20/03/2018 and our Technical Proposal.
Our attached Financial Proposal is for the amount of {Indicate the corresponding to the
amount(s) currency(ies)} {Insert amount(s) in words and figures}, “excluding” of all indirect
local taxes in accordance with Clause 36 in the Data Sheet. The estimated amount of local
indirect taxes is {Insert currency} {Insert amount in words and figures} which shall be
confirmed or adjusted, if needed, as per the prevailing law.
Our Financial Proposal shall be binding upon us subject to the modifications resulting
from Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before
the date indicated in Clause 12 of the Data Sheet.
Commissions and gratuities paid or to be paid by us to an agent or any third party
relating to preparation or submission of this Proposal and Contract execution, paid if we are
awarded the Contract, are listed below:
Name and Address Amount and Purpose of Commission
of Agents Currency or Gratuity
{If no payments are made or promised, add the following statement: “No commissions or
gratuities have been or are to be paid by us to agents or any third party relating to this
Proposal and Contract execution.”}
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
45 | P a g e
Authorized Signature:
Name and Title of Signatory:
In the capacity of:
Address: E-mail: _______________________
46 | P a g e
FORM FIN-2
SUMMARY OF COSTS
Sr.
# Details
Total cost for 60 months
Cost in INR (Indian Rupees)
1 Cost of Providing consultants to MPLRS as per the
RFP requirements
Total Cost of the
Financial Proposal {Should match the amount in
FIN-1}
GST and All Other Indirect Taxes
Grand Total of Cost
47 | P a g e
FORM FIN-3
BREAKUP OF COSTS
Sr. # Key
Resource Name of Resource
Person
Month Cost
in INR
(Excluding
OPE &
Taxes)
Quantity
Total cost
for 60
months
Cost in INR
(Indian
Rupees)
1 Yes Principal Consultant – (Program
Management): PMU Head
1
2 Yes Principal Consultant GPR
(Government Process
Reengineering)
1
3 Yes Senior Consultant (Technology
Management): GIS (Data, Survey,
Mapping)
1
4 Yes Senior Consultant (Technology
Management): Remote Sensing
1
5 Yes Senior Consultant (Technology
Management): Application
Development
1
6 No Senior Consultant (Technology
Management): Network and Infra
Outsourcing
1
7 No Senior Consultant (PM) -
Procurement and Contracts
1
8 No Senior Consultant Legal 1
9 No Consultant Change Management
and Training
1
10 No Consultant (Financial
Management)
1
11 No SME: Subject Matter Expert
(Retired Tahsildar/SDM/Deputy
Collector level officer)
1
Total Cost 11
Date:
Signature, Name & Title of signatory
I. Form of Contract Lump-Sum
Section 5. Terms of Reference
To provide Project Management Support and Consultancy to MPLRS
I. Background
Department of Revenue, Government of Madhya Pradesh has the mandate for the creation and
management of Land Records for the entire State of Madhya Pradesh. The creation and
management of the Land Records is governed by the provisions of the Madhya Pradesh Land
Revenue Code, 1959 (MPLRC) and the rules formulated under it. Creation of Land Records is
done as per the procedure laid down for Survey and Settlement in the MPLRC and the
modifications to the Land Records during the term of the settlement is done by orders issued
by the Revenue Courts constituted under the MPLRC and other provisions of the Act.
For better management of Land Records there is a need to regularly review the existing laws
and rules governing the principles and processes of Land Record Management. Adoption of
relevant new and emerging technologies for better Land Record management and Revenue
Court management would help the Department deliver citizen services in a more efficient
manner. Department of Revenue believes that such an approach would bring about qualitative
improvements in the interaction of the Government with other stakeholders.
The Department of Revenue has embarked on ambitious projects named Revenue Court
Management System, Digitization of Maps, Survey, Web GIS for leveraging ICT in Land
Records & functioning of Revenue Courts domains as an end-to-end, holistic Digital
Governance initiative covering all stakeholders.
II. Introduction-'MPLRS'
Department of Revenue, Government of Madhya Pradesh setup Madhya Pradesh Land Records
Management Society. The mandate of the MPLRS is to improve the quality of the Land Records
through modernization of Land Records. The MPLRS aims to take all necessary steps to
implement technology solutions to promote efficiency, reduce delays; enhance accountability,
transparency and objectivity in the management of Land Records and related
documents. MPLRS is also engaged to formulate strategies, policies, plans and to assist the
management of Land Records in an effort to provide efficient and prompt services to the public
through multiple common access infrastructure.
Project Duration: This selection process will result in a contract for Five years.
III. Objective and need of the assignment
The objective of this assignment is to augment the use of technology and provide technical
assistance to MPLRS for implementation of different projects. Therefore, MPLRS intends to
50 | P a g e
setup a Project Management Unit (PMU) for which it requires Consultancy Firms with required
qualifications and experience to support in project’s planning and implementation.
Following could be a summarized objective, MPLRS seeks to achieve with the support from
Consultancy firms.
Transparent land titles with clarity on area, share, and Geo-tagged maps.
Full information on disputes
Digital procedures, documentations and communication
Digital interface between citizens and the Department
Online transactions accessible through the mobile and the web
Simplified procedures for all Departmental activities like Registration, Revenue Record
Management, Web GIS, Digitization, Revenue MIS and Recoveries etc.
Seamless interface with other systems like Finance, Accounts, HR, Disaster Relief, Town
Planning, SRDH, eDistrict, IFMIS etc.
IV. Projects Details (Current and upcoming)
The list of projects managed by the Revenue Department, including those areas where
projects are in the planning stage are as below. This list is not exhaustive and may increase
during the contract period.
1. Web GIS
WebGIS is the centralized web enabled land records management system for the State of
Madhya Pradesh. This project has details of the land parcels managed by the Revenue
Department of GoMP. The details have both attribute and spatial information and includes
information of Survey numbers, Owners details, Ownership rights, Crops grown, land use etc.
Digital Maps of Land parcels linked with attribute data is has been created. Copies of Khasra,
Maps, B-1 etc. is being given to citizen from this system.
Integration with Registration Department, Revenue Court Management System, Land
acquisition system, Town and Country Planning, Other Legacy System is currently going on.
The system is functional on Java platform with Oracle as database.
2. RCMS
Revenue Court Management System has brought 1400 Revenue courts online in the State. It is
a work flow automation project for the Revenue Courts. Litigants can submit their application
for case registration online and track the case status, date of hearing and final decisions of the
Courts. At eh back end, the registration of cases, issue of notices to parties, issuing of process
of revenue courts and maintenance of various registers has been made online. Presiding officer
can register the case, generate the notice, assign the dates and dispense the case. A strong system
of MIS is developed to check the status of each case running in the court across the state.
3. Modern Record Room
51 | P a g e
This Project aims to create a digital repository of all the revenue records and make them
available online. Revenue records such as khasra, jamabandhi, nistar patrak, various registers,
records of revenue cases are being scanned and put into a document management system.
Whenever an extract of the record is required the digital copy of the record is made available
by retrieval from this DMS. The record rooms have also been modernised by replacing open
racks and shelves with compactors and map cabinets. The work of scanning records is in
progress while an offline DMS has been made functional.
4. Digitization of MAPS
The existing paper maps were converted into digital form in order to facilitate updating of
cadastral maps in sync with the changes made in the RoRs. RoRs provide information on the
plots held by individual or joint owners, indicating ownership of land, its classification, land
use, source of irrigation, crops sown, etc. Detailed maps of individual pieces of land, called
―parcel or ―plot, are prepared accurately for each revenue village. Digitisation of the maps
of more than 52,000 villages has been completed while work is in progress for the digitization
of the remaining (approximately) 3000 villages.
5. Survey/Resurvey Project
The whole survey exercise follows the concept of Whole to Part of Survey. While establishing
the control points, the Zero/Primary Control Points established first, then the Secondary and
Tertiary. Identification of Locations of Zero Control Points were identified using cost
effective/low resolution satellite imagery. The entire State of Madhya Pradesh shall be divided
into a grid of 16 x 16 km network. The project under progress.
6. Crop Survey through App
An application was developed for use by more than 10,000 Patwaris to record crops grown and
area for every season.
An integration of application with legacy system of Land Record Management System, Forest
and Urban Administration Department is underway.
7. Survey and RoR for Urban Areas / Habitations & Development of Maps for Urban Areas
Surveys were held to create a data set of Maps and Land Records of urban area and settlements
with an aim to manage/update the changes in ownership and land related details. The cadastral
survey of an area which has already been surveyed earlier is known as Resurvey. This may be
required under the following circumstances:
When the framework of survey in field has completely broken down.
Resurvey is also necessary in the case of sudden development of the area due to causes such as
Sub-divisions, Transfer of dry lands into wetlands or Large-scale transfer of holdings.
8. Patwari App and module
Patwari is the application where patwari can write down his/her work logs and save the work.
Also can see the reports of work. Patwari app is a single app which is used to record Crop
information, Crop cutting experiments, Inspection report of Revenue Court, fard Girdawari, HR
Management, Notifications, Demarcation of land etc.
9. Digitization of Revenue Records
52 | P a g e
It is a phase 2 program of Modern Record Room to scan, digitise and manage left over
documents from Modern Record Room phase 1.
10. Data Analytics and BI solution for the Land Records Database and Revenue Courts.
The following land’s information shall be used for Data Analytics.
Agricultural Land
Cropping pattern
Urban land
Diverted land
Government Land
11. Integration with Other IT System
Integration of WebGIS with the following IT system is proposed.
IGRS
RCMS
T&CP
SSDI
Land Acquisition and Government Land Allotment System
Forest department
Treasury
12. Other application and services planned
Integration of WebGIS with other applications
RCMS – Online Courts
Weather Information Management System
Revenue MIS
Workflow automation in the Departments offices
Enterprise level HR management system
V. Scope of the assignment
The scope of work of PMU shall include but not limited to:
a) Management of the existing Projects: Assist the MPLRS/Department in monitoring and
better implementation of the ongoing projects. This would require the consultant to
understand the scope and nature of the projects, review the current status, updation of the
project plan which shall include, preparation of an overall plan and schedule for the projects
in sufficient detail to ensure all important activities are identified, clearly show linkages
between activities, allow monitoring of progress, provide early indications of potential
problems, and enable interventions by the PMU, other firms and contractors to maintain the
projects in schedule. These plans will be updated frequently.
53 | P a g e
b) Implementation of New Projects: Assist MPLRS in
a. preparation of DPR for new projects identified
b. raising funds
c. decide the implementation strategy for the project
d. procurement of the services of suitable agencies for project implementation in
case project is to implemented through a specialized agency/SI
e. project implementation in partnership with the PIU to be setup in MPLRS, for
cases of in-house project implementation.
c) Upgradation of existing Projects: Assist MPLRS in upgrading/revamping existing projects
with a view of increasing efficiency and compliance for changes in law/rules.
d) Lead and initiate the application development support for new applications, support in
technological upgradation and updation of existing application including the integration with
different internal as well as outside applications on a case to case basis.
e) Institutional development and capacity building of the existing resources available at
MPLRS (strategic development, assessment of capacity and workload, TNA exercise to
identify training needs, change management and assistance in implementation).
f) Integration with other IT systems for better land records management and service delivery:
Identify and assist the MPLRS in integration with other IT systems managed by other
government departments or external parties primarily for more efficient records management
and improved citizen service delivery.
g) Contract and Procurement Management: Preparation of Term of Reference and RFPs for
firms required for the implementation of each project component. Assist with technical and
administrative oversight of Firms and vendor. Monitor the progress and quality of works for
compliance with the contractual provisions. Hold regular meetings with contractors, other
firms and stakeholders. Inform GoMP and MPLRS of potential delays, cost overruns and
non-compliances and recommend corrective actions.
h) Projects Monitoring and Evaluation: Assessment of achievements of projects objectives
through monitoring of result framework/indicators. Modalities for the necessary data
collection will need to be agreed.
i) Projects Reporting: Monitor actual progress and costs against plans and budgets and prepare
detailed Monthly Progress Reports on activities, progress and costs of all project’s
components. The report will be a summary of progress reports prepared by contractors, firms
and other agencies of all components of the project’s activities. The contents and formats of
the report will be agreed with the MPLRS. Preparation of Annual, Mid Term Report and
Project Completion Reports, based upon the detailed progress reports and as per requirement
MPLRS specified format.
54 | P a g e
j) PMU will be required to participate in various discussions / meetings / visits as may be called
upon by MPLRS and provide required information/documents.
k) Assist MPLRS with implementing of Government Process Reengineering (GPR) and
administrative reforms in Department processes.
l) Preparation of Change Management and training plans, legal changes and draft Government
Orders for such changes. Facilitation of training for all project stakeholders and managing
the change management and capacity building initiatives.
m) Provide support by way of comments, monitor, sample audit for the applications/software
development.
n) Provide legal drafting of rules and regulations.
o) Provide GPR activities of the services provided to citizen as well as department functions
for performance improvement.
p) Supervision of the installation, commissioning of IT infrastructure at Central Server
Location and also at other locations. Support in Infra outsourcing and Network management.
q) The PMU may be required to support in handholding any existing solution, operations and
support all the transitions till integrated solution is developed and deployed.
The main component of PMU activities is hereunder: -
Component A – Study of MP Land Records Department’s functioning and identification
of improvement areas
Consultant would help the MPLRS in conducting an As-Is Assessment and drafting a DPR for
all the existing running projects. Broad level scope of work is mentioned below:
Study and identification of the existing processes and systems as well as gathering requirements
for the applications:
a. As-Is processes and process design
b. Gap analysis - Highlight challenges and opportunities based on the gap analysis
c. Suggest To-Be Processes and Technology options
d. Conduct Site visits and briefing sessions
e. Preparation of DPR including implementation and roll out plan of applications,
capacity building and change management requirements, support and
maintenance plan of these applications, including financial estimates.
f. Detailed project report for the initiatives.
55 | P a g e
g. Integration with other IT applications
Case Study:
For Land Record Management System, Consultants are supposed to do the following activities:
Study existing processes for the Land Records Management and Land Title transfer from
Land User Perspective – Land change / land use perspective
Study the processes for mutation, service delivery of RoR, LA/NA permissions, digitally
signed document service delivery
Understand the land change patterns and record keeping process in the Urban, Semi-Urban
areas and Rural areas and study processes for the change in land use/purpose and techniques
adopted to report / record the same.
Study all mutation types (registered and non-registered) for rural and urban record of rights
and propose means to up keep the land use mapping
Understanding global best practices and perform the gap analysis for the current As-Is
processes
Study of the systems for Bhu-Abhilekh and Bhu-Naksha to understand the approvals,
hierarchy, time requirements for each service delivery of document / scanned copy of
document and maps
Study the processes and benchmark the state processes with 4 leading states in India for
- Land Change / Land Use Management
- Service Delivery efficiency and processes
Perform the process analysis and study for
- Mutations on the Land Parcel
- Conversion to bona-fide industrial use and Commercial Use permissions
- Non-Agriculture (NA) Permissions
- Land Acquisition and Land Distribution cases
- Land Grant Permissions
- Encumbrance management in case of land use change
Perform the G2C service delivery assessment for
- Current state of the G2C services for Land Records (across sample offices)
- Understand citizen view and satisfaction index
- Propose process improvement areas and technological improvement areas
- Propose new delivery channels – Online and mobile
- Assess and compare the state with other leading states for Land Records delivery
- Assess the hurdles and hierarchical obstacles in efficient service delivery
Component B: GRP in Service Delivery of the department
Track 1: - Current State Assessment of Service Delivery of the department.
Field visits to various department offices to discuss the various functions of the Department.
56 | P a g e
Interaction with key sets of Citizens across LSKs and designated government offices to
understand their expectations from the service delivery from MP Land Records Department.
Study of issues / complaints logged into CM Helpline System to identify key lacunas in the
service delivery.
Discussion with key Government officials from MP Land Records Department
Submission & Approval of report on Current State Assessment based on the discussion and
study
Assessment of pain points of citizens / efficiency improvements in department functioning.
Conduct root cause and impact analysis of all issues and improvement areas identified and
prioritize it on the basis of standard principles.
Categorize the problems on the basis of the nature of their origin and intervention required
and any other relevant factors.
Possible categorization of the problems:
Legal
Rules
Administrative/lack of compliance
Technical
Capacity
Track 2: - Strategy for better service delivery
Study of the occurrence of the problem in similar instances across geographies or/and
organizations. This study will be secondary research based on the publicly available
information.
Study the Interventions and leading practices already adopted to address the problem by
others states / departments
Submission & Approval the Benchmark Study Report
Undertake Government Process Reengineering exercise for these processes in context of
the identified areas.
Identification of improvement areas for service delivered through each delivery channel
Discussion with stakeholders and incorporating leading practices for finalization of
Functional Service Levels.
Freeze a process/strategy in consultation with the CLR/Revenue Dept.
Support in executing the process change.
Component C: Technology Support
Providing strategic advice on using technology to achieve goals.
Comment and provide suggestions in redesign and development of IT solutions for existing
and fresh applications.
57 | P a g e
Comment and provide suggestions to vendors on developing application Functional
enhancements, Performance feedback, Network and Security Architecture suggestions.
Inspect, sample Audit, random test including field testing of the software/application.
Support in conducting training sessions and seminars.
Comment and finalize the documentation of the processes and application.
Suggest Technology interventions for process improvements.
Component D – Monitoring support for applications / Software
As part of scope of work PMU shall be required to provide Monitoring Support for applications
with the vendor team. The PMU shall provide Monitoring and Evaluation support of IT services
developed or running by different vendors for the Revenue Department. This would include
support in overall system stabilization, solution maintenance, system administration, security
administration, database administration, backup maintenance and end-user problem resolution
for all the applications and software.
The PMU shall support in the oversee of the maintenance of the Applications/Softwares, which
includes application solution management, Application Security management and backups etc.
Infrastructure Management Support: This includes the support and finalization of the design of
an appropriate System Administration policy with precise definition of duties, adequate
segregation of responsibilities and obtaining the approval for the same from MPLRS.
Information Security: The PMU shall support to implement measures to ensure the overall
security of the solutions developed for Revenue Department by different agencies and
confidentiality of the data in compliance with the Cert-IN and GoI guidelines and standards
issued time to time for application security.
Component E – Project Management Support during implementation
Broad level scope of work is mentioned below:
i. Project Management and Monitoring
ii. Review deliverables of vendor(s) and provide comments on:
a. Functional Requirement Specifications (FRS)
b. Software Requirement Specifications (SRS)
c. Low level Design Document (LDD), High Level Design Document (HDD)
d. Network architecture etc.
e. Delivery Channels.
iii. Monitoring of Software development life cycle (SDLC) and version control
iv. Finalization of the User Acceptance Process and Criteria
v. Review Test plan and assist the department in User Acceptance Testing (UAT)
vi. Implementation Monitoring and Reporting
58 | P a g e
vii. Submission of Monthly Progress review reports
viii. Review the Project go-live reports submitted by the vendors
ix. Analysis and monitoring of service levels. Generation and analysis of SLA deviation
reports.
x. Prepare and submit review reports for project management including identification of
problems, causes of potential bottlenecks in project implementation, and providing
specific recommendations.
xi. The PMU shall also study existing processes, do a benchmarking with national and
international standards and propose necessary changes to procedures including acts and
or rules.
xii. Monitoring and reviewing exit management plan provided by vendor, assessing impact
of exit procedures suggested by vendor on key stakeholders
xiii. Provide consulting services for Project management, assistance in issue resolution and
expert advice for existing LR Processes
xiv. Support department in defining implementation roadmap of various ICT initiatives
Component F– Change Management & Capacity Building
i. Support the design, development, delivery and management of communications.
ii. Apply a structured methodology and lead change management activities
iii. Conduct impact analyses, assess change readiness and identify key stakeholders.
iv. Provide input, document requirements and support the design and delivery of training
programs.
v. Support organizational design and definition of roles and responsibilities
vi. Coordinate efforts with other specialists
vii. Integrate change management activities into project plan
viii. Evaluate and ensure user readiness
ix. Manage stakeholders
x. Track and report issues
xi. Define and measure success metrics and monitor change progress
xii. Support change management at the organizational level
xiii. Manage the change portfolio.
Component G – Financial Management
Key Tasks and inputs expected from this stream are (including, but not limited to):
i. Provision of financial management, financial impact and data analytics of all projects.
ii. Improving Revenue monitoring and evaluation tools and analytic reporting.
iii. Preparation of Revenue Planning document.
59 | P a g e
iv. Support in preparation of Financial health report of projects and impact of changes from
financial angel.
v. Monitoring of fund flow.
vi. Periodic reports to MPLRS on financial targets achievements.
Component H: Bid Process Management:
Consultant would help the department in short-listing of the initiatives for the implementation
and preparation of Request for Proposal (RFP) document for selection of best suitable vendor
(s), assist with pre-bid meetings, formulation of responses to bidder queries, bid evaluation and
signing of contract with the selected agencies.
The initiatives proposed as a part of DPR to be shortlisted for implementation and Consultant
to formulate a detailed roadmap for the key implementation areas (80:20 rule) having the
maximum impact scale.
- Shortlisting of initiatives
- Preparation of functional requirements
- Finalization of the solution and technical requirements
- Assist department in finalization of technical and functional requirements and scope of
work of vendors for software development under various initiatives
- Drafting the RFPs for the Proposed Initiatives
- Bid Process Management for the Vendor Selection
- Contract Management during the tenure of project.
Component I: Legal Support
Study the existing rules and regulations of Revenue Court Management System, Land
Record Management System, Modern Record Room and other.
Suggest the changes in the rules, regulations and contracts.
Preparation of new rules, regulations, contracts, its processes, and documentations in
accordance with applicable guidelines in the system.
Review & drafting of arbitration documents for dispute.
Coordinating with law firm / external lawyers / senior lawyers.
Handling legal works.
Component J– Business Continuity Support
MPLRS shall create a DR site in consultation with the state IT department. The infrastructure
including the replication solution for the DR shall be procured by MPLRS and shall be hosted
in NDC/ any suitable place. High bandwidth connectivity shall also be provisioned by MPLRS
between the Data center and Disaster Recovery location. PMU shall support the vendor for
performing operations as per the DR/BCP plan.
The illustrative deliverables for this activity are mentioned below.
60 | P a g e
Comment on devising a Replication-and-Restore policy
Support and random audit of the storage.
Support in finalization of Business Continuity Plan (BCP)/Disaster Recovery (DR) Plan
Support in regular Drill Exercises at pre-decided frequencies (tentatively quarterly) and
improvement support in BCP.
VI. Output and Deliverables
Deliverables with timelines are below.
S# Major Component Activities Timelines
1 Contract Signing Signing of contract T
2 Preparation of Annual
Work Plan and approval
Preparation of Annual Work Plan
Discussion & Approval. T+1
3 Process re-engineering
Identification of at least 3
services/areas where process re-
engineering is required.
Consultation meeting for GPR
activity with stakeholders.
Preparation of documentation,
Government Orders, drafting
circulars.
Assistance in the rollout of the new
process training plan, monitoring for
its adoption, feedback and mid-
course corrections. (if required).
T+60
4
Support in Implementation
of 2 new Projects every
year
Support in Implementation of 2 new
Projects as per the Annual Work Plan:
Approved System Study Document/
DPR.
Preparation of GO, BPR, FRS,
documents.
Support in Application Development,
Testing, Pilot & Go-Live.
Third Party Audit support for project.
Pilot and Go-Live Support.
Monitoring & Evaluation for Process
Improvement.
T+60
5 Procurement Management
Preparation of RFP & Approval
Bid Process Management
Onboarding support to Agency
Contract Management.
T+60
6 Integration with Other
Projects Support to integrate the existing
applications with other. T+60
61 | P a g e
7 Change Management Change Management Support
Capacity Building Activities T+60
8 Financial Management
Financial Management of
Department’s existing application,
processes, functions
Financial Management of Projects
T+60
9 Project Management
Project Management support of
existing projects
Project Management support for new
projects onboarding and
implementation support.
T+60
10 Legal
Review existing Rules and Law
Drafting amendments to Rules and
Laws
New Rules and Acts
T+60
11 GPR
GPR of existing processes and
department’s functions.
Process Study of Service Delivery.
Suggest changes and support in
implement new processes.
Benchmarking of services provided to
citizen.
Study the system of other state and
International Best Practices.
T+60
12 Project Closure Project Closure activities T+60
Note: -
The deliverables mentioned above are indicative, MPLRS in consultation with Consultancy
Firms, finalize the deliverables at the time of Annual Work Plan finalization and based on
the A&M suggested by MPLRS.
The Annual Work plan is to be prepared by the Consultancy Firm. The Annual Work Plan
should be approved by the MPLRS after discussion at the beginning of every year.
The Annual Work plan can be revised anytime between the year, based on the revision the
milestones, project targets can be changed on the basis of requirement and change scope.
VII. Selection of PMU
1. The selection will follow Quality and Cost Based Selection (QCBS) method of
procurement. As part of the proposal Consultancy Firms will be required to submit complete
Technical Proposals that meet the evaluation criteria detailed in this RFP and Price
62 | P a g e
proposals for Consultancy Firm’s Team for providing the management services and priced
offer for the services, which is estimated to require deployment of 9 person.
2. Subsequent additions to the resources deployment based on additional services, will be
made at a same rate during the contract period.
3. Overall costs which include the costs of the Consultancy Firm’s Team for providing the
management services and the offered total fee for 60 months will be considered for selection
purposes.
VIII. Review and Monitoring of the Assignment
The performance of the PMU will be judged on the basis of work done against the agreed work
plan. The PMU will prepare quarterly activity plans and share it with MPLRS. A joint monthly
review mechanism will be put in place and represented by core members of MPLRS and the
PMU. The review of the progress and plan for future action will be decided therein. In case,
MPLRS has any objections related to assignment deliverables, it will inform the PMU in
writing. The PMU will comply with the recommendation made by MPLRS and accordingly
complete the assignment at no additional cost.
The SLAs may be subject to revision after every six months and based on mutual agreement
and approval of competent authority SLAs can be changed with proper addendum to the
contract.
The PMU team will work from Bhopal. since the Head office of Commissioner Land Record
Settlement & CEO LRS is in Gwalior city, the PMU team deployed may have to visit Gwalior
for regular communication and meetings. All such travel will be reimbursed by the CLR on
approved rates.
IX. Reporting
For all purposes this contract, PMU resources will be reporting to the CLR & CEO– MPLRS,
or his/her designee. Consultancy Firm will generate Monthly Progress Reports highlighting the
accomplishment against the milestone achieved. Consultancy Firm will submit the quarterly
report on activities performed by the Consultancy Firms while submitting the invoice of that
quarter.
Post signing the agreement, the resources should be deployed within 30 days, however on a
case to case basis MPLRS may consider extending the time for first time deployment of
resources. In case an extension to particular resource has been provided, no penalty would be
levied for that resource.
63 | P a g e
All the resources would work from Bhopal location. Office working day will be governed by
the calendar of Madhya Pradesh State Government. Leaves will be provided on request by
resource @ one leave per month on an accrual basis. More leaves will be sanctioned by the
competent authority on a case to case basis. If leaves approved by the competent authority no
penalty will be levied.
X. Duration of the assignment:
This selection process will result in a contract for Five years.
XI. Payment Schedule
Payment will be done on quarterly basis based on the invoice generated and Monthly Progress
reports. The successful Consultancy Firm shall produce the invoice based on the work done of
that quarter. Penalties shall be levied if applicable based on the SLA clauses mentioned in the
clause VIII.
Payment schedule are as below;
Year 1
S# Major Head Payment Milestone Q1 Q2 Q3 Q4
Total
of
Year 1
1 Annual Work
Plan
Preparation of Annual Work
Plan and approval 1 0 0 0 1
2.1
Application
Development
Support
Process re-engineering 1 1 1 1 4
2.2
Support in Implementation
of 2 new Projects as per the
Annual Work Plan
0 1 1 1 3
2.3 Integration with Other
Projects 0 1 0 1 2
3 Change
Management Change Management 1 0 1 0 2
4 Procurement
Management Procurement Management 1 0 1 0 2
5 Financial
Management Financial Management 0 1 0 1 2
6 Project
Management Project Management 0 1 0 1 2
7 GPR & Legal
Support GPR & Legal Support 1 0 1 0 2
9 Project Closure Project Closure 0 0 0 0 0
Total 5 5 5 5 20
64 | P a g e
Year 2
S# Major Head Payment Milestone Q5 Q6 Q7 Q8
Total
of
Year 2
1 Annual Work
Plan
Preparation of Annual Work
Plan and approval 1 0 0 0 1
2.1
Application
Development
Support
Process re-engineering 1 1 1 1 4
2.2
Support in Implementation
of 2 new Projects as per the
Annual Work Plan
1 1 1 1 4
2.3 Integration with Other
Projects 0 1 0 1 2
3 Change
Management Change Management 1 0 1 0 2
4 Procurement
Management Procurement Management 1 0 1 0 2
5 Financial
Management Financial Management 0 1 0 1 2
6 Project
Management Project Management 0 1 0 1 2
7 GPR & Legal
Support GPR & Legal Support 0 0 1 0 1
9 Project Closure Project Closure 0 0 0 0 0
Total 5 5 5 5 20
Year 3
S# Major Head Payment Milestone Q9 Q10 Q11 Q12
Total
of
Year 3
1 Annual Work
Plan
Preparation of Annual Work
Plan and approval 1 0 0 0 1
2.1
Application
Development
Support
Process re-engineering 1 1 1 0 3
2.2
Support in Implementation
of 2 new Projects as per the
Annual Work Plan
1 1 1 1 4
2.3 Integration with Other
Projects 0 1 0 1 2
3 Change
Management Change Management 1 0 1 0 2
4 Procurement
Management Procurement Management 1 0 1 0 2
5 Financial
Management Financial Management 0 1 0 1 2
65 | P a g e
6 Project
Management Project Management 0 1 0 1 2
7 GPR & Legal
Support GPR & Legal Support 1 0 1 0 2
9 Project Closure Project Closure 0 0 0 0 0
Total 6 5 5 4 20
Year 4
S# Major Head Payment Milestone Q13 Q14 Q15 Q16
Total
of
Year 4
1 Annual Work
Plan
Preparation of Annual Work
Plan and approval 1 0 0 0 1
2.1
Application
Development
Support
Process re-engineering 1 0 1 0 2
2.2
Support in Implementation
of 2 new Projects as per the
Annual Work Plan
1 2 1 1 5
2.3 Integration with Other
Projects 0 1 0 1 2
3 Change
Management Change Management 1 0 1 0 2
4 Procurement
Management Procurement Management 1 0 1 0 2
5 Financial
Management Financial Management 0 1 0 1 2
6 Project
Management Project Management 0 1 0 1 2
7 GPR & Legal
Support GPR & Legal Support 1 0 1 0 2
9 Project Closure Project Closure 0 0 0 0 0
Total 6 5 5 4 20
Year 5
S# Major Head Payment Milestone Q17 Q18 Q19 Q20
Total
of
Year 5
1 Annual Work
Plan
Preparation of Annual Work
Plan and approval 1 0 0 0 1
2.1 Process re-engineering 1 1 0 0 2
66 | P a g e
2.2 Application
Development
Support
Support in Implementation
of 2 new Projects as per the
Annual Work Plan
1 1 1 0 3
2.3 Integration with Other
Projects 0 1 1 0 2
3 Change
Management Change Management 1 0 1 0 2
4 Procurement
Management Procurement Management 1 1 0 0 2
5 Financial
Management Financial Management 0 1 0 1 2
6 Project
Management Project Management 0 1 0 1 2
7 GPR & Legal
Support GPR & Legal Support 1 0 1 0 2
9 Project Closure Project Closure 0 0 0 2 2
Total 6 6 4 4 20
The successful Consultancy Firm shall produce the invoice based on the work done as per
the agreed Annual Work Plan of that quarter.
The implementation of project would be done based on the sign-off Annual Work Plan
document every year and payment would be made accordingly.
Penalties shall be levied if applicable based on the SLA clauses mentioned in the clause XI.
Selected consultant will keep updated the Annual Work Plan every year and any change in
Annual Work Plan will be based on mutual agreement and approval by competent authority.
XII. Composition of the PMU
The team of PMU sought through this RFP is following: -
Sr. # Key
Resource
Name of Resource Quantity
1 Yes Principal Consultant – (Program Management): PMU Head 1
2 Yes Principal Consultant GPR (Government Process
Reengineering)
1
3 Yes Senior Consultant (Technology Management): GIS (Data,
Survey, Mapping)
1
4 Yes Senior Consultant (Technology Management): Remote
Sensing
1
5 Yes Senior Consultant (Technology Management): Application
Development
1
6 No Senior Consultant (Technology Management): Network
and Infra Outsourcing
1
67 | P a g e
7 No Senior Consultant (PM) - Procurement and Contracts 1
8 No Senior Consultant Legal 1
9 No Consultant Change Management and Training 1
10 No Consultant (Financial Management) 1
11 No SME: Subject Matter Expert (Retired
Tahsildar/SDM/Deputy Collector level officer)
1
Total Resource Required 11
1. MPLRS reserve the right to increase the number of resources deployed. The new resources
should be deployed within two months or less after the requisition from MPLRS. The new
resourced deployed shall be provided at the same cost as per cost provided at Fin-3 with the
financial proposal by the successful Consulting Firm. Based on the cost of that resource to
MPLRS, the successful Consulting Firm shall submit the addition Performance Bank
Guarantee.
2. The PMU shall comprise of full time members and will be available for the full five-year
period of project implementation. All team members shall work from MPLRS office in
Bhopal for the period of the project.
3. The PMU team member would be provided with a Laptop and access to an Internet
connection by the selected consultancy firm.
4. Replacement is normally not allowed during the tenure of project. In case of replacement
of any resource due to unavoidable circumstances, Consultancy Firm will submit 2 or 3
options to MPLRS for replacement. MPLRS may undertake an interview of the proposed
resource. The Optional CVs proposed by the Consultancy Firms should be equivalent or
higher in qualification and experience.
5. The maximum number of resources that can be changed during the course of a year shall be
limited to 2 resources.
6. Necessary handholding should be done during the transition period.
7. In case, any resource work is not satisfactory, Consultancy Firms will replace the resource
upon request as per the conditions of the contract.
8. Qualification and experience expected from the members of the PMU are provided in
Annexure-1.
9. Consultancy Firms has to comply the essential requirements mentioned at annexure -1 for
each position. No deviation is allowed in the essential qualifications in the CV.
10. In case, any CV is found non-compliant as per the requirements, the Consultancy Firm has
to replace the CV based on the input received from MPLRS.
11. MPLRS reserve the right to reject any proposed CV and request the Consultancy Firm to
submit replacement CV. Consultancy firm upon receipt of such request submit 2 or 3
optional CVs to MPLRS for replacement.
12. All CVs should be submitted as per the format described in Tech 6 only.
13. If it was found that key resource’s CV has been proposed by more than one bidder, Zero
Marks would be allotted to that CV during evaluation, wherever applicable. In case it is a
68 | P a g e
non-key resource, Consultancy Firm shall submit 2 or 3 options to MPLRS for replacement
during the technical negotiation.
14. Essential Criteria Compliance is must for all CVs. In case Essential Criteria in not meet in
any key resource’s CV, Zero Marks would be allotted to that CV. If that CV is Non-Key-
Expert CV, then Consulting Firm will submit the replacement CV during the technical
negotiation.
XIII. Service Level Agreement (SLA)
A. Deployment Penalties
Subject to conditions of contract, if the successful Consultancy Firm fails to achieve the
milestones during deployment period or achieve the service levels/milestones after deployment
period, MPLRS shall without prejudice to its other remedies under the contract may levy
following penalties: -
a. If the resource proposed by the Consultancy Firm in their bid for evaluation is replaced
at the time of initial deployment of resources, MPLRS may impose penalty to
Consultancy Firm @ Rs 2,00,000 per resource for replacement.
b. First time deployment of all the resources within 30 days after the agreement is signed.
Penalty of Rs. 5,000/- per day per resources if not deployed.
c. Replacement of resource is allowed for only two resources at the initial time of
deployment with penalty. However, the maximum number of key experts (whose CV
has been used for calculation of the technical score) that can be replaced shall be limited
to one. If there is more replacement MPLRS may impose penalty to Consultancy Firm
@ 3,00,000 Rs. Per resource for replacement after three replacements or may consider
termination of the contract.
Note: -
1. If the delay in deployment is beyond the timelines as per above, and no extension of
time is given by MPLRS, the contract may be terminated by MPLRS and the
Performance Bank Guarantee shall be invoked.
2. It is clarified here that if the delay in deployment of resources is on the request of
MPLRS then, no penalty shall be imposed on the Consultancy Firm.
3. Consultancy Firm resources are allowed to use 5% of total time in training and skill
updation subject to the prior approval of CEO, MPLRS.
B. Operational Penalties: -
1. If there is a delay in achieving milestones or submission of deliverables, penalty to
Consultancy Firm may be imposed till the deliverables are submitted or milestone
achieved. The penalty shall be levied based on the criticality of the milestone.
1. High :2% of quarterly payment
2. Medium :1% of quarterly payment
3. Low :0.5% of quarterly payment
69 | P a g e
During the discussions and finalization of Annual Work Plan, criticality of each
payment milestones shall be ascertained and mutually agreed.
2. Shortfall of attendance of resources deployed, if a resource is absent for more than 3
consecutive working days without any prior notice & approval, Penalty of Rs. 2000 per
day per resource shall be levied for the days of absence, starting from the 4rd day
onwards.
3. If the resource(s) are absent without permission and for a longer period, penalty @ Rs
5000 per day shall be levied.
4. In case MPLRS seeks replacement of a resource or additional resources to be deployed,
the Firm shall provide MPLRS at least three CVs of comparable qualifications and
experience, permit the resources to be interviewed by MPLRS and if they are required
to be deployed by MPLRS, deploy them within one month of MPLRS has sent a letter
seeking them to be deployed after the interview. Every day of delay beyond this shall
attract a penalty of Rs 2000 per day.
5. The deployed resources should not be engaged in any activity other than MPLRS
project. If it is found that deployed resources are working in any other project, penalty
to Consultancy Firm @ 5,00,000 Rs. Per resource may be imposed.
6. For every resource replaced by the firm a penalty of Rs 1,00,000 will be imposed. In
case the number of resources replaced exceeds 20% of the total number of resources
deployed in a year, MPLRS may consider termination of the contract.
Note: -
1) Replacement penalty shall be as per the actual and capping clause of the note number 3
below shall not be applicable.
2) The penalties, if applicable, shall be deducted from the quarterly payment against the
invoices submitted by the Consultancy Firm.
3) Penalties shall be capped at a maximum of 10% of the Quarterly payment to be made.
In case of repeated non-compliance to the SLAs the client may choose to terminate the
contract.
4) If there is an increase in the value of the quarterly payment to be made, due to increase
in the number of resources deployed, penalty shall be calculated on the increased value
of the quarterly payment to be made.
5) Penalty shall not be imposed, if the CLR is of the opinion that the noncompliance to
SLAs is due to circumstances beyond the control of Consultancy Firm.
6) Where the Consultancy Firm has not been able to achieve a milestone as per timeframe
given above, and MPLRS agrees that the failure of Consultancy Firm to achieve the same
was due to reason beyond his control, an extension of timelines may be given with
approval of the competent authority. In such cases imposition of penalty will start after
the extended timelines given.
70 | P a g e
Annexure-1: Qualification and experience expected from Consultants and resources
S.
#
PMU
(Level)
Qualification Experience expected
from this specialist are
1. Including, but not
limited to).
2. Consultants and
resources should have
played a similar role and
should have not merely
been a member of the
project team.
Essential Desirable
1. Principal
Consultant –
(Program
Management):
PMU Head
B.Tech./ B.E
with Master’s
Degree in
Business
Administration.
At least 8 years
of relevant
work
experience
related to Land
and/or Revenue
Sector reform
projects.
PMP/PRIN
CE 2/ ITIL
certified.
Good
understandin
g of change
management
concepts and
approaches.
Experience
in
conducting
capacity
building
training.
Very strong
planning,
system
development
and
organization
al skills.
i. Project Management,
BPR, office
administration, GPR,
Bid Process.
ii. Independently handling
similar e-Governance
assignment in large
scale projects in India
as a Project
Manager/leader/ Team
Lead.
iii. Well versed with the
technologies used in
Land Management like
GIS, Digitization,
Surveys.
2. Senior
Consultant
GPR
(Government
Process
Reengineering)
Post-graduate
degree in public
administration,
business
management,
political science,
MBA or
equivalent
Master’s degree
in any stream.
At least 8 years of
relevant work
experience,
including
Good
understandin
g of change
management
concepts and
approaches.
Strong
Planning,
system
development
and
organizationa
l skills.
Identify critical
processes/services.
Document the work
flow, procedure, rules
and laws governing
them.
Design and propose
modified process if
necessary.
71 | P a g e
experience in
areas related to
GRP in
government
sector.
At least 2
years of
relevant work
experience
related to
GPR in Land
Reforms/Rev
enue Sector.
3. Senior
Consultant
(Technology
Management)
GIS (Data,
Survey,
Mapping)
Graduate degree
in Engineering or
Master’s degree
in Science /
Mathematics.
At least 5 years of
relevant work
experience in
Technology
Implementation.
At least 2 years of
relevant hands of
work experience
of GIS (Data,
Survey,
Mapping).
Industry
Certification on
GIS Technology.
Handling
Larger scale
GIS Data.
Planning of
GIS Survey
in
Urban/Rural
and
implementati
on.
Understanding and use
of Data Collection and
Digitization of surveyed
records.
Support for re-
engineering in the
new/innovative
processes to improve
systems.
Good communication &
presentation skills.
Experience of at least 3
years in implementation
of large IT / e-
Governance project.
4. Senior
Consultant
(Technology
Management):
Remote
Sensing
Graduate degree
in Engineering or
Master’s degree
in Science /
Mathematics.
At least 5 years of
relevant work
experience in
Technology
Implementation.
At least 2 years of
relevant hands of
work experience
of GIS (Remote
Sensing).
Industry
Certification on
GIS Technology.
Handling
Larger Scale
Remote
Sensing
project.
Planning of
GIS Survey
in
Urban/Rural
and
implementati
on.
Understanding and use
of Data Collection and
Digitization of surveyed
records.
Support for re-
engineering in the
new/innovative
processes to improve
systems.
Good communication &
presentation skills.
Experience of at least 3
years in implementation
of large IT / e-
Governance project.
72 | P a g e
5. Senior
Consultant
(Technology
Management):
Application
Development
Graduate degree
in Engineering or
Master’s degree
in Science /
Mathematics.
At least 5 years of
relevant hands of
work experience
of Application
Development.
Industry
Certification
(OEM) on
Application
Development
Technology.
Handling
Larger Scale
eGovernance
Application
Development
project.
Experience of
Application
Development
in GIS
technology.
Experience of
Application
Development
in Land
Record/
Revenue
Management.
Understanding of SDLC,
Application
Development Standards,
Latest Technologies and
Trends.
Application
Development for Land
Record and Revenue
Systems.
Support for re-
engineering in the
new/innovative
processes to improve
systems.
Good communication &
presentation skills.
Experience of at least 5
years in implementation
of large IT / e-
Governance project.
6. Senior
Consultant
(Technology
Management):
Network and
Infra
Outsourcing
Graduate degree
in Engineering or
Master’s degree
in Science /
Mathematics.
At least 5 years of
relevant hands of
work experience
of Network
creation,
Network
Maintenance and
Infra
Management.
Industry
Certification
(OEM) on
Network and
Infra Outsourcing
Technology.
Handling
Larger Scale
eGovernance
Network
Management
System
project.
Experience of
Infra
Outsourcing
in Land
Record/
Revenue
Management.
Understanding of SDLC,
Application
Development Standards,
Latest Technologies and
Trends.
Application
Development for Land
Record and Revenue
Systems.
Support for re-
engineering in the
new/innovative
processes to improve
systems.
Good communication &
presentation skills.
Experience of at least 5
years in implementation
of large IT / e-
Governance project.
73 | P a g e
7. Senior
Consultant
(PM) -
Procurement
and Contracts
University
degree in any
discipline.
Minimum of 5
years of relevant
work exposure of
Bid Process
Management
(RFP
Preparation/ Pre-
Qualification/Tec
hnical/Financial
bid evaluation)
Post-
Graduate
specialization
in a specific
field of
procurement
is desirable.
PMP/PRINC
E 2/ ITIL/
Procurement/
Supply Chain
Certification
Must have worked on
procurement
management,
procurement life cycle,
includes but is not
limited to: Preparation
of Bid Documents,
Evaluation documents.
Well versed with the
evaluation procedures.
Contract Management
Good communication
& presentation skills.
8. Senior
Consultant
Legal
Hold a valid
Law Degree
from recognised
university.
5 years of
relevant work
experience.
Working
knowledge of
MS Office,
Computer
handling &
Internet
browsing
Experience
in judicial or
legal work
in various
Courts,
Government
or regulatory
authority,
tribunals,
Commission
s.
Exposure of
revenue,
Land record
settlement
project.
Study existing laws,
rules etc.
Propose changes in
rules/laws based on
best practices in focus
areas.
Ability to modify or
draft new rules.
9. Consultant
Change
Management
and Training
Batchelor’s
Degree in
Statistics/
Mathematics/
Economics/
Commerce/Engin
eering Degree.
5 years of
relevant work
experience as
Change
Management
Expert.
Experience
as Change
Management
Expert in
eGovernance
domain.
Support the design,
development, delivery
and management of
communications.
Apply a structured
methodology and lead
change management
activities
Conduct impact
analyses, assess change
readiness and identify
key stakeholders.
74 | P a g e
Provide input,
document requirements
and support the design
and delivery of training
programs.
Good communication
& presentation skills.
10. Consultant
(Financial
Management)
Post-graduate
degree in a
relevant field.
5 years of
professional work
experience
finance domain.
At least 2 years of
relevant hands of
work experience
with government
finance.
Direct
Experience of
project financing.
Experience
as Financial
Management
Expert in
eGovernance
domain.
Must have worked on
Financial management,
contract, purchase,
reporting, SLA
compliance
Well versed with the
financial aspect of
eGov project.
Contract Management
Good communication
& presentation skills.
11. SME: Subject
Matter Expert Retired Tahsildar/SDM/Deputy Collector level officer
75 | P a g e
Section 6 - Standard Forms of Contract
(Text in brackets [ ] is optional; all notes should be deleted in the final text)
This CONTRACT (hereinafter called the “Contract”) is made the [number] day of the month
of [month], [year], between, on the one hand, MPLRS (hereinafter called the “Client”) and, on
the other hand, [name of Consultancy Firm] (hereinafter called the “Consultant”).
[If the Consultant consist of more than one entity, the above should be partially amended to
read as follows: “…(hereinafter called the “Client”) and, on the other hand, a Joint Venture
(name of the JV) consisting of the following entities, each member of which will be jointly and
severally liable to the Client for all the Consultant’s obligations under this Contract, namely,
(hereinafter called the “Consultant”).]
WHEREAS
(a) the Client has requested the Consultant to provide certain consulting services as
defined in this Contract (hereinafter called the “Services”);
(b) the Consultant, having represented to the Client that it has the required professional
skills, expertise and technical resources, has agreed to provide the Services on the
terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:
(a) The General Conditions of Contract;
(b) The Special Conditions of Contract;
(c) Appendices:
Appendix A: Terms of Reference
Appendix B: Key Experts
Appendix C: Breakdown of Contract Price
Appendix D: RFP document, clarification and Corrigendum(s)
In the event of any inconsistency between the documents, the following order of
precedence shall prevail: Special Conditions of Contract; the General Conditions of
76 | P a g e
Contract; Appendix A; Appendix B; Appendix C; Appendix D. Any reference to this
Contract shall include, where the context permits, a reference to its Appendices.
2. The mutual rights and obligations of the Client and the Consultant shall be as set forth
in the Contract, in particular:
(a) the Consultant shall carry out the Services in accordance with the provisions of
the Contract; and
(b) the Client shall make payments to the Consultant in accordance with the
provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
For and on behalf of MPLRS
[Authorized Representative of the Client – name, title and signature]
Commissioner of Land Records & CEO
Madhya Pradesh Land Record Society (MPLRS)
O/o Commissioner Land Records & Settlement, Madhya Pradesh,
Moti Mahal, Gwalior (M.P.), PIN – 474007
For and on behalf of [Name of Consultant]
[Authorized Representative of the Consultant – name and signature]
II. General Conditions of Contract
I. General Conditions of Contract
A. GENERAL PROVISIONS
1. Definitions 1.1. Unless the context otherwise requires, the following terms
whenever used in this Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments
having the force of law in the Client’s country, or in such other
country as may be specified in the Special Conditions of
Contract (SCC), as they may be issued and in force from time
to time.
(b) “Client” means the MPLRS that signs the Contract for the
Services with the Selected Consultancy Firm.
(c) “Consultant” means a legally-established professional consulting
firm or entity selected by the Client to provide the Services under
the signed Contract.
(d) “Contract” means the legally binding written agreement signed
between the Client and the Consultant and which includes all the
attached documents listed in its paragraph 1 of the Form of
Contract (the General Conditions (GCC), the Special Conditions
(SCC), and the Appendices).
(e) “Day” means a working day unless indicated otherwise.
(f) “Effective Date” means the date on which this Contract comes
into force and effect pursuant to Clause GCC 11.
(g) “Experts” means, collectively, Key Experts, Non-Key Experts,
or any other personnel of the Consultant, Sub-consultant or JV
member(s) assigned by the Consultant to perform the Services or
any part thereof under the Contract.
(h) “Foreign Currency” means any currency other than the currency
of the Client’s country.
(i) “GCC” means these General Conditions of Contract.
(j) “Government” means the government of the Client’s country.
(k) “Joint Venture (JV)” means an association with or without a legal
personality distinct from that of its members, of more than one
entity where one member has the authority to conduct all
businesses for and on behalf of any and all the members of the
II. General Conditions of Contract Lump-Sum
78 | P a g e
JV, and where the members of the JV are jointly and severally
liable to the Client for the performance of the Contract.
(l) “Key Expert(s)” means an individual professional whose skills,
qualifications, knowledge and experience are critical to the
performance of the Services under the Contract and whose
Curricula Vitae (CV) was taken into account in the technical
evaluation of the Consultant’s proposal.
(m) “Local Currency” means the currency of the Client’s country.
(n) “Non-Key Expert(s)” means an individual professional provided
by the Consultant or its Sub-consultant to perform the Services
or any part thereof under the Contract.
(o) “Party” means the Client or the Consultant, as the case may be,
and “Parties” means both of them.
(p) “SCC” means the Special Conditions of Contract by which the
GCC may be amended or supplemented but not over-written.
(q) “Services” means the work to be performed by the Consultant
pursuant to this Contract, as described in Appendix A hereto.
(r) “Sub-consultants” means an entity to whom/which the Consultant
subcontracts any part of the Services while remaining solely
liable for the execution of the Contract.
(s) “Third Party” means any person or entity other than the
Government, the Client, the Consultant or a Sub-consultant.
2. Relationship
between the
Parties
2.1. Nothing contained herein shall be construed as establishing a
relationship of master and servant or of principal and agent as between
the Client and the Consultant. The Consultant, subject to this Contract,
has complete charge of the Experts and Sub-consultants, if any,
performing the Services and shall be fully responsible for the Services
performed by them or on their behalf hereunder.
3. Law Governing
Contract
3.1. This Contract, its meaning and interpretation, and the relation
between the Parties shall be governed by the Applicable Law.
4. Language 4.1. This Contract has been executed in the language specified in the
SCC, which shall be the binding and controlling language for all
matters relating to the meaning or interpretation of this Contract.
5. Headings 5.1. The headings shall not limit, alter or affect the meaning of this
Contract.
II. General Conditions of Contract Lump-Sum
79 | P a g e
6. Communications 6.1. Any communication required or permitted to be given or made
pursuant to this Contract shall be in writing in the language specified
in Clause GCC 4. Any such notice, request or consent shall be deemed
to have been given or made when delivered in person to an authorized
representative of the Party to whom the communication is addressed,
or when sent to such Party at the address specified in the SCC.
6.2. A Party may change its address for notice hereunder by giving
the other Party any communication of such change to the address
specified in the SCC.
7. Location 7.1. The Services shall be performed at such locations as are
specified in Appendix A hereto and, where the location of a particular
task is not so specified, at such locations, whether in the Government’s
country or elsewhere, as the Client may approve.
8. Authority of
Member in
Charge
8.1. In case the Consultant is a Joint Venture, the members hereby
authorize the member specified in the SCC to act on their behalf in
exercising all the Consultant’s rights and obligations towards the
Client under this Contract, including without limitation the receiving
of instructions and payments from the Client.
9. Authorized
Representatives
9.1. Any action required or permitted to be taken, and any document
required or permitted to be executed under this Contract by the Client
or the Consultant may be taken or executed by the officials specified
in the SCC.
10. Corrupt and
Fraudulent
Practices
10.1. MPLRS requires compliance with its policy in regard to
corrupt and fraudulent practices.
a. Commissions
and Fees
10.2. The Client requires the Consultant to disclose any
commissions, gratuities or fees that may have been paid or are to be
paid to agents or any other party with respect to the selection process
or execution of the Contract. The information disclosed must include
at least the name and address of the agent or other party, the amount
and currency, and the purpose of the commission, gratuity or fee.
Failure to disclose such commissions, gratuities or fees may result in
termination of the Contract and/or sanctions by MPLRS.
B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF
CONTRACT
11. Effectiveness of
Contract
11.1. This Contract shall come into force and effect on the date (the
“Effective Date”) of the Client’s notice to the Consultant instructing
II. General Conditions of Contract Lump-Sum
80 | P a g e
the Consultant to begin carrying out the Services. This notice shall
confirm that the effectiveness conditions, if any, listed in the SCC
have been met.
12. Termination of
Contract for
Failure to Become
Effective
12.1. If this Contract has not become effective within such time
period after the date of Contract signature as specified in the SCC,
either Party may, by not less than twenty-two (22) days written notice
to the other Party, declare this Contract to be null and void, and in the
event of such a declaration by either Party, neither Party shall have
any claim against the other Party with respect hereto.
13. Commencement
of Services
13.1. The Consultant shall confirm availability of Key Experts and
begin carrying out the Services not later than the number of days after
the Effective Date specified in the SCC.
14. Expiration of
Contract
14.1. Unless terminated earlier pursuant to Clause GCC 19 hereof,
this Contract shall expire at the end of such time period after the
Effective Date as specified in the SCC.
15. Entire Agreement 15.1. This Contract contains all covenants, stipulations and
provisions agreed by the Parties. No agent or representative of either
Party has authority to make, and the Parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not
set forth herein.
16. Modifications or
Variations
16.1. Any modification or variation of the terms and conditions of
this Contract, including any modification or variation of the scope of
the Services, may only be made by written agreement between the
Parties. However, each Party shall give due consideration to any
proposals for modification or variation made by the other Party.
16.2. In cases of substantial modifications or variations, the prior
written consent of MPLRS is required.
17. Force Majeure
a. Definition 17.1. For the purposes of this Contract, “Force Majeure” means an
event which is beyond the reasonable control of a Party, is not
foreseeable, is unavoidable, and makes a Party’s performance of its
obligations hereunder impossible or so impractical as reasonably to
be considered impossible under the circumstances, and subject to
those requirements, 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
confiscation or any other action by Government agencies.
17.2. Force Majeure shall not include (i) any event which is caused
by the negligence or intentional action of a Party or such Party’s
II. General Conditions of Contract Lump-Sum
81 | P a g e
Experts, Sub-consultants or agents or employees, nor (ii) any event
which a diligent Party could reasonably have been expected to both
take into account at the time of the conclusion of this Contract, and
avoid or overcome in the carrying out of its obligations hereunder.
17.3. Force Majeure shall not include insufficiency of funds or
failure to make any payment required hereunder.
b. No Breach of
Contract
17.4. The failure of a Party to fulfill any of its obligations hereunder
shall not be considered to be a breach of, or default under, this
Contract 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 Contract.
c. Measures to
be Taken
17.5. A Party affected by an event of Force Majeure shall continue
to perform its obligations under the Contract as far as is reasonably
practical, and shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.
17.6. A Party affected by an event of Force Majeure shall notify the
other Party of such event as soon as possible, and in any case not later
than fourteen (14) calendar days following the occurrence of such
event, providing evidence of the nature and cause of such event, and
shall similarly give written notice of the restoration of normal
conditions as soon as possible.
17.7. Any period within which a Party shall, pursuant to this
Contract, 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.
17.8. During the period of their inability to perform the Services as
a result of an event of Force Majeure, the Consultant, upon
instructions by the Client, shall either:
(a) demobilize, in which case the Consultant shall be
reimbursed for additional costs they reasonably and
necessarily incurred, and, if required by the Client, in
reactivating the Services; or
(b) continue with the Services to the extent reasonably possible,
in which case the Consultant shall continue to be paid under
the terms of this Contract and be reimbursed for additional
costs reasonably and necessarily incurred.
II. General Conditions of Contract Lump-Sum
82 | P a g e
17.9. In the case of disagreement between the Parties as to the
existence or extent of Force Majeure, the matter shall be settled
according to Clauses GCC 44 & 45.
18. Suspension 18.1. The Client may, by written notice of suspension to the
Consultant, suspend all payments to the Consultant hereunder if the
Consultant fails to perform any of its obligations under this Contract,
including the carrying out of the Services, provided that such notice
of suspension (i) shall specify the nature of the failure, and (ii) shall
request the Consultant to remedy such failure within a period not
exceeding thirty (30) calendar days after receipt by the Consultant of
such notice of suspension.
19. Termination 19.1. This Contract may be terminated by either Party as per
provisions set up below:
a. By the Client 19.1.1. The Client may terminate this Contract in case of the
occurrence of any of the events specified in paragraphs (a)
through (f) of this Clause. In such an occurrence the Client
shall give at least thirty (30) calendar days’ written notice of
termination to the Consultant in case of the events referred to in
(a) through (d); at least sixty (60) calendar days’ written notice
in case of the event referred to in (e); and at least five (5)
calendar days’ written notice in case of the event referred to in
(f):
(a) If the Consultant fails to remedy a failure in the
performance of its obligations hereunder, as specified in a
notice of suspension pursuant to Clause GCC 18;
(b) If the Consultant becomes (or, if the Consultant consists of
more than one entity, if any of its members becomes)
insolvent or bankrupt or enter into any agreements with
their creditors for relief of debt or take advantage of any
law for the benefit of debtors or go into liquidation or
receivership whether compulsory or voluntary;
(c) If the Consultant fails to comply with any final decision
reached as a result of arbitration proceedings pursuant to
Clause GCC 45.1;
(d) If, 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 sixty (60) calendar days;
(e) If the Client, in its sole discretion and for any reason
whatsoever, decides to terminate this Contract;
II. General Conditions of Contract Lump-Sum
83 | P a g e
(f) If the Consultant fails to confirm availability of Key
Experts as required in Clause GCC 13.
19.1.2. Furthermore, if the Client determines that the
Consultant has engaged in corrupt, fraudulent, collusive, coercive
or obstructive practices, in competing for or in executing the
Contract, then the Client may, after giving fourteen (14) calendar
days written notice to the Consultant, terminate the Consultant's
employment under the Contract.
b. By the
Consultant
19.1.3. The Consultant may terminate this Contract, by not
less than thirty (30) calendar days’ written notice to the Client,
in case of the occurrence of any of the events specified in
paragraphs (a) through (d) of this Clause.
(a) If the Client fails to pay any money due to the Consultant
pursuant to this Contract and not subject to dispute pursuant
to Clause GCC 45.1 within forty-five (45) calendar days
after receiving written notice from the Consultant that such
payment is overdue.
(b) If, 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 sixty (60) calendar days.
(c) If the Client fails to comply with any final decision reached
as a result of arbitration pursuant to Clause GCC 45.1.
(d) If the Client is in material breach of its obligations pursuant
to this Contract and has not remedied the same within forty-
five (45) days (or such longer period as the Consultant may
have subsequently approved in writing) following the
receipt by the Client of the Consultant’s notice specifying
such breach.
c. Cessation of
Rights and
Obligations
19.1.4. Upon termination of this Contract pursuant to Clauses
GCC 12 or GCC 19 hereof, or upon expiration of this Contract
pursuant to Clause GCC 14, 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, (ii) the obligation of confidentiality set forth in
Clause GCC 22, (iii) the Consultant’s obligation to permit
inspection, copying and auditing of their accounts and records
set forth in Clause GCC 25, and (iv) any right which a Party may
have under the Applicable Law.
d. Cessation of
Services
19.1.5. Upon termination of this Contract by notice of either
Party to the other pursuant to Clauses GCC 19a or GCC 19b, the
II. General Conditions of Contract Lump-Sum
84 | P a g e
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 Client, the Consultant shall
proceed as provided, respectively, by Clauses GCC 27 or GCC
28.
e. Payment
upon
Termination
19.1.6. Upon termination of this Contract, the Client shall
make the following payments to the Consultant:
(a) payment for Services satisfactorily performed prior to the
effective date of termination; and
(b) in the case of termination pursuant to paragraphs (d) and (e)
of Clause GCC 19.1.1, reimbursement of any reasonable
cost incidental to the prompt and orderly termination of this
Contract, including the cost of the return f the Experts.
C. OBLIGATIONS OF THE CONSULTANT
20. General
a. Standard of
Performance
20.1 The Consultant shall perform the Services and carry out the
Services with all due diligence, efficiency and economy, in accordance
with generally accepted professional standards and practices, and shall
observe sound management practices, and employ appropriate
technology and safe and effective equipment, machinery, materials and
methods. The Consultant shall always act, in respect of any matter
relating to this Contract or to the Services, as a faithful adviser to the
Client, and shall at all times support and safeguard the Client’s
legitimate interests in any dealings with the third parties.
20.2. The Consultant shall employ and provide such qualified and
experienced Experts and Sub-consultants as are required to carry out
the Services.
20.3. The Consultant may subcontract part of the Services to an
extent and with such Key Experts and Sub-consultants as may be
approved in advance by the Client. Notwithstanding such approval, the
Consultant shall retain full responsibility for the Services.
b. Law
Applicable to
Services
20.4. The Consultant shall perform the Services in accordance with
the Contract and the Applicable Law and shall take all practicable steps
II. General Conditions of Contract Lump-Sum
85 | P a g e
to ensure that any of its Experts and Sub-consultants, comply with the
Applicable Law.
20.5. Throughout the execution of the Contract, the Consultant shall
comply with the import of goods and services prohibitions in the
Client’s country when
(a) as a matter of law or official regulations, the Borrower’s
country prohibits commercial relations with that country;
or
(b) by an act of compliance with a decision of Government of
India.
20.6. The Client shall notify the Consultant in writing of relevant
local customs, and the Consultant shall, after such notification, respect
such customs.
21. Conflict of
Interests
21.1. The Consultant shall hold the Client’s interests paramount,
without any consideration for future work, and strictly avoid conflict
with other assignments or their own corporate interests.
a. Consultant
Not to Benefit
from
Commissions,
Discounts, etc.
21.1.1 The payment of the Consultant pursuant to GCC F
(Clauses GCC 38 through 42) shall constitute the Consultant’s
only payment in connection with this Contract and, subject to
Clause GCC 21.1.3, the Consultant shall not accept for its own
benefit any trade commission, discount or similar payment in
connection with activities pursuant to this Contract or in the
discharge of its obligations hereunder, and the Consultant shall
use its best efforts to ensure that any Sub-consultants, as well as
the Experts and agents of either of them, similarly shall not
receive any such additional payment.
21.1.2 Furthermore, if the Consultant, as part of the Services,
has the responsibility of advising the Client on the procurement
of goods, works or services, the Consultant shall comply with
applicable guidelines, and shall at all times exercise such
responsibility in the best interest of the Client. Any discounts or
commissions obtained by the Consultant in the exercise of such
procurement responsibility shall be for the account of the Client.
b. Consultant
and Affiliates
Not to Engage
in Certain
Activities
21.1.3 The Consultant agrees that, during the term of this
Contract and after its termination, the Consultant and any entity
affiliated with the Consultant, as well as any Sub-consultants and
any entity affiliated with such Sub-consultants, shall be
disqualified from providing goods, works or non-consulting
services resulting from or directly related to the Consultant’s
II. General Conditions of Contract Lump-Sum
86 | P a g e
Services for the preparation or implementation of the project,
unless otherwise indicated in the SCC.
c. Prohibition of
Conflicting
Activities
21.1.4 The Consultant shall not engage, and shall cause its
Experts as well as its Sub-consultants not to engage, either
directly or indirectly, in any business or professional activities
that would conflict with the activities assigned to them under
this Contract.
d. Strict Duty to
Disclose
Conflicting
Activities
21.1.5 The Consultant has an obligation and shall ensure that
its Experts and Sub-consultants shall have an obligation to
disclose any situation of actual or potential conflict that
impacts their capacity to serve the best interest of their Client,
or that may reasonably be perceived as having this effect.
Failure to disclose said situations may lead to the
disqualification of the Consultant or the termination of its
Contract.
22. Confidentiality 22.1 Except with the prior written consent of the Client, the
Consultant and the Experts shall not at any time communicate to any
person or entity any confidential information acquired in the course
of the Services, nor shall the Consultant and the Experts make public
the recommendations formulated in the course of, or as a result of,
the Services.
23. Liability of the
Consultant
23.1 Subject to additional provisions, if any, set forth in the SCC, the
Consultant’s liability under this Contract shall be provided by the
Applicable Law.
24. Insurance to be
Taken out by the
Consultant
24.1 The Consultant (i) shall take out and maintain, and shall cause
any Sub-consultants to take out and maintain, at its (or the Sub-
consultants’, as the case may be) own cost but on terms and conditions
approved by the Client, insurance against the risks.
25. Accounting,
Inspection and
Auditing
25.1 The Consultant shall keep, and shall make all reasonable
efforts to cause its Sub-consultants to keep, accurate and systematic
accounts and records in respect of the Services and in such form and
detail as will clearly identify relevant time changes and costs.
25.2 The Consultant shall permit and shall cause its Sub-consultants
to permit, MPLRS and/or persons appointed by MPLRS to inspect
and/or all accounts and records relating to the performance of this
Contract and the submission of the Proposal to provide the Services,
and to have such accounts and records audited by auditors appointed
by MPLRS if requested by MPLRS. The Consultant’s attention is
drawn to Clause GCC 10 which provides, inter alia, that acts intended
to materially impede the exercise of MPLRS’s inspection and audit
II. General Conditions of Contract Lump-Sum
87 | P a g e
rights provided for under this Clause GCC25.2 constitute a prohibited
practice subject to contract termination (as well as to a determination
of ineligibility under prevailing sanctions procedures.)
26. Reporting
Obligations
26.1 The Consultant shall submit to the Client the reports and
documents specified in Appendix A, in the form, in the numbers and
within the time periods set forth in the said Appendix.
27. Proprietary Rights
of the Client in
Reports and
Records
27.1 Unless otherwise indicated in the SCC, all reports and relevant
data and information such as maps, diagrams, plans, databases, other
documents and software, supporting records or material compiled or
prepared by the Consultant for the Client in the course of the Services
shall be confidential and become and remain the absolute property of
the Client. The Consultant shall, not later than upon termination or
expiration of this Contract, deliver all such documents to the Client,
together with a detailed inventory thereof. The Consultant may retain
a copy of such documents, data and/or software but shall not use the
same for purposes unrelated to this Contract without prior written
approval of the Client.
27.2 If license agreements are necessary or appropriate between the
Consultant and third parties for purposes of development of the plans,
drawings, specifications, designs, databases, other documents and
software, the Consultant shall obtain the Client’s prior written approval
to such agreements, and the Client shall be entitled at its discretion to
require recovering the expenses related to the development of the
program(s) concerned. Other restrictions about the future use of these
documents and software, if any, shall be specified in the SCC.
28. Equipment,
Vehicles and
Materials
28.1 Equipment, vehicles and materials made available to the
Consultant by the Client, or purchased by the Consultant wholly or
partly with funds provided by the Client, shall be the property of the
Client and shall be marked accordingly. Upon termination or
expiration of this Contract, the Consultant shall make available to the
Client an inventory of such equipment, vehicles and materials and shall
dispose of such equipment, vehicles and materials in accordance with
the Client’s instructions. While in possession of such equipment,
vehicles and materials, the Consultant, unless otherwise instructed by
the Client in writing, shall insure them at the expense of the Client in
an amount equal to their full replacement value.
28.2 Any equipment or materials brought by the Consultant or its
Experts into the Client’s country for the use either for the project or
personal use shall remain the property of the Consultant or the Experts
concerned, as applicable.
II. General Conditions of Contract Lump-Sum
88 | P a g e
D. CONSULTANT’S EXPERTS AND SUB-CONSULTANTS
29. Description of Key
Experts
29.1 The title, agreed job description, minimum qualification and
estimated period of engagement to carry out the Services of each of
the Consultant’s Key Experts are described in Appendix B.
30. Replacement of Key
Experts
30.1 Except as the Client may otherwise agree in writing, no
changes shall be made in the Key Experts.
30.2 Notwithstanding the above, the substitution of Key Experts
during Contract execution may be considered only based on the
Consultant’s written request and due to circumstances outside the
reasonable control of the Consultant, including but not limited to death
or medical incapacity. In such case, the Consultant shall forthwith
provide as a replacement, a person of equivalent or better
qualifications and experience, and at the same rate of remuneration.
31. Removal of Experts
or Sub-consultants
31.1 If the Client finds that any of the Experts or Sub-consultant
has committed serious misconduct or has been charged with having
committed a criminal action, or shall the Client determine that
Consultant’s Expert of Sub-consultant have engaged in corrupt,
fraudulent, collusive, coercive or obstructive practice while
performing the Services, the Consultant shall, at the Client’s written
request, provide a replacement.
31.2 In the event that any of Key Experts, Non-Key Experts or Sub-
consultants is found by the Client to be incompetent or incapable in
discharging assigned duties, the Client, specifying the grounds
therefore, may request the Consultant to provide a replacement.
31.3 Any replacement of the removed Experts or Sub-consultants
shall possess better qualifications and experience and shall be
acceptable to the Client.
31.4 The Consultant shall bear all costs arising out of or incidental
to any removal and/or replacement of such Experts.
E. OBLIGATIONS OF THE CLIENT
32. Assistance and
Exemptions
32.1 Unless otherwise specified in the SCC, the Client shall use its
best efforts to:
(a) Assist the Consultant with obtaining work permits and such other
documents as shall be necessary to enable the Consultant to
perform the Services.
II. General Conditions of Contract Lump-Sum
89 | P a g e
(b) Assist the Consultant with promptly obtaining, for the Experts
and, if appropriate, their eligible dependents, all necessary entry
and exit visas, residence permits, exchange permits and any other
documents required for their stay in the Client’s country while
carrying out the Services under the Contract.
(c) Facilitate prompt clearance through customs of any property
required for the Services and of the personal effects of the
Experts and their eligible dependents.
(c) Issue to officials, agents and representatives of the Government
all such instructions and information as may be necessary or
appropriate for the prompt and effective implementation of the
Services.
(d) Assist the Consultant and the Experts and any Sub-consultants
employed by the Consultant for the Services with obtaining
exemption from any requirement to register or obtain any permit
to practice their profession or to establish themselves either
individually or as a corporate entity in the Client’s country
according to the applicable law in the Client’s country.
(e) Assist the Consultant, any Sub-consultants and the Experts of
either of them with obtaining the privilege, pursuant to the
applicable law in the Client’s country, of bringing into the
Client’s country reasonable amounts of foreign currency for the
purposes of the Services or for the personal use of the Experts
and of withdrawing any such amounts as may be earned therein
by the Experts in the execution of the Services.
(f) Provide to the Consultant any such other assistance as may be
specified in the SCC.
33. Access to Project
Site
33.1 The Client warrants that the Consultant shall have, free of
charge, unimpeded access to the project site in respect of which access
is required for the performance of the Services. The Client will be
responsible for any damage to the project site or any property thereon
resulting from such access and will indemnify the Consultant and each
of the experts in respect of liability for any such damage, unless such
damage is caused by the willful default or negligence of the Consultant
or any Sub-consultants or the Experts of either of them.
34. Change in the
Applicable Law
Related to Taxes
and Duties
34.1 If, after the date of this Contract, there is any change in the
applicable law in the Client’s country with respect to taxes and duties
which increases or decreases the cost incurred by the Consultant in
performing the Services, then the remuneration and reimbursable
expenses otherwise payable to the Consultant under this Contract shall
II. General Conditions of Contract Lump-Sum
90 | P a g e
be increased or decreased accordingly by agreement between the
Parties hereto, and corresponding adjustments shall be made to the
Contract price amount specified in Clause GCC 38.1
35. Services, Facilities
and Property of the
Client
35.1 The Client shall make available to the Consultant and the
Experts, for the purposes of the Services and free of any charge, the
services, facilities and property described in the Terms of Reference
(Appendix A) at the times and in the manner specified in said
Appendix A.
36. Counterpart
Personnel
36.1 The Client shall make available to the Consultant free of
charge such professional and support counterpart personnel, to be
nominated by the Client with the Consultant’s advice, if specified in
Appendix A.
36.2 Professional and support counterpart personnel, excluding
Client’s liaison personnel, shall work under the exclusive direction of
the Consultant. If any member of the counterpart personnel fails to
perform adequately any work assigned to such member by the
Consultant that is consistent with the position occupied by such
member, the Consultant may request the replacement of such
member, and the Client shall not unreasonably refuse to act upon such
request.
37. Payment
Obligation
37.1 In consideration of the Services performed by the Consultant
under this Contract, the Client shall make such payments to the
Consultant for the deliverables specified in Appendix A and in such
manner as is provided by GCC F below.
F. PAYMENTS TO THE CONSULTANT
38. Contract Price 38.1 The Contract price is fixed and is set forth in the SCC. The
Contract price breakdown is provided in Appendix C.
38.2 Payment on quarterly basis as per the milestone achieved.
38.3 Any change to the Contract price specified in Clause 38.1 can
be made only if the Parties have agreed to the revised scope of Services
pursuant to Clause GCC 16 and have amended in writing the Terms of
Reference in Appendix A.
39. Taxes and Duties 39.1 The Consultant, Sub-consultants and Experts are responsible
for meeting any and all tax liabilities arising out of the Contract unless
it is stated otherwise in the SCC.
II. General Conditions of Contract Lump-Sum
91 | P a g e
40. Currency of
Payment
40.1 Any payment under this Contract shall be made in the
currency(ies) of the Contract.
41. Mode of Billing and
Payment
41.1 The total payments under this Contract shall not exceed the
Contract price set forth in Clause GCC 38.1.
41.2 The payments under this Contract shall be made against
deliverables specified in Appendix A. The payments will be made
according to the payment schedule stated in the SCC.
41.2.1 The Payments. The Client shall pay the Consultant
within sixty (60) days after the receipt by the Client of the
deliverable(s) and the cover invoice for the related payment.
The payment can be withheld if the Client does not approve the
submitted deliverable(s) as satisfactory in which case the Client
shall provide comments to the Consultant within the same sixty
(60) days period. The Consultant shall thereupon promptly make
any necessary corrections, and thereafter the foregoing process
shall be repeated.
41.2.2 The Final Payment. The final payment under this
Clause shall be made only after the final report have been submitted
by the Consultant and approved as satisfactory by the Client. The
Services shall then be deemed completed and finally accepted by
the Client. The last lump-sum installment shall be deemed
approved for payment by the Client within ninety (90) calendar
days after receipt of the final report by the Client unless the Client,
within such ninety (90) calendar day period, gives written notice to
the Consultant specifying in detail deficiencies in the Services, the
final report. The Consultant shall thereupon promptly make any
necessary corrections, and thereafter the foregoing process shall
be repeated.
41.2.3 All payments under this Contract shall be made to the accounts
of the Consultant specified in the SCC.
41.2.4 With the exception of the final payment under 41.2.3 above,
payments do not constitute acceptance of the whole Services nor
relieve the Consultant of any obligations hereunder.
II. General Conditions of Contract Lump-Sum
92 | P a g e
G. FAIRNESS AND GOOD FAITH
42. Good Faith 43.1 The Parties undertake to act in good faith with respect to each
other’s rights under this Contract and to adopt all reasonable measures
to ensure the realization of the objectives of this Contract.
H. SETTLEMENT OF DISPUTES
43. Amicable
Settlement
44.1 The Parties shall seek to resolve any dispute amicably by
mutual consultation.
44.2 If either Party objects to any action or inaction of the other
Party, the objecting Party may file a written Notice of Dispute to the
other Party providing in detail the basis of the dispute. The Party
receiving the Notice of Dispute will consider it and respond in writing
within fourteen (14) days after receipt. If that Party fails to respond
within fourteen (14) days, or the dispute cannot be amicably settled
within fourteen (14) days following the response of that Party, Clause
GCC 49.1 shall apply.
44. Dispute Resolution 45.1 Any dispute between the Parties arising under or related to this
Contract that cannot be settled amicably may be referred to by either
Party to the adjudication/arbitration in accordance with the provisions
specified in the SCC.
III. Special Conditions of Contract
II. Special Conditions of Contract
Number
of GC
Clause
Amendments of, and Supplements to, Clauses in the General Conditions of
Contract
1 The Contract shall be construed in accordance with the law of [India].
2 The language is: English
3 The addresses are:
Commissioner of Land Records & CEO
Madhya Pradesh Land Record Society (MPLRS)
O/o Commissioner Land Records & Settlement, Madhya Pradesh,
Moti Mahal, Gwalior (M.P.), PIN - 474007
Consultant:
Attention:
Facsimile:
E-mail (where permitted):
5 The Authorized Representatives are:
For the Client:
Commissioner of Land Records & CEO
Madhya Pradesh Land Record Society (MPLRS)
Moti Mahal, Gwalior (M.P.), PIN - 474007
For the Consultant: [name, title]
6 Termination of Contract for Failure to Become Effective:
The time period shall be 3 months
7 Commencement of Services:
The number of days shall be 30 days after signing of contract.
III. Special Conditions of Contract Lump-Sum
94 | P a g e
Confirmation of Key Experts’ availability to start the Assignment shall be submitted
to the Client in writing as a written statement signed by each Key Expert.
8 Expiration of Contract:
The time period shall be 5 years
9 The performance Bank Guarantee shall be submitted by consultant: 10% of the
contract value.
10 The Client reserves the right to determine on a case-by-case basis whether the
Consultant should be disqualified from providing goods, works or non-consulting
services due to a conflict of a nature described in Clause GCC 21.1.3
Yes
11
The following limitation of the Consultant’s Liability towards the Client can be
subject to the Contract’s negotiations:
“Limitation of the Consultant’s Liability towards the Client:
(a) Except in the case of gross negligence or willful misconduct on the part of the
Consultant or on the part of any person or a firm acting on behalf of the
Consultant in carrying out the Services, the Consultant, with respect to damage
caused by the Consultant to the Client’s property, shall not be liable to the
Client:
(i) for any indirect or consequential loss or damage; and
(ii) for any direct loss or damage that exceeds one times the total value
of the Contract;
(b) This limitation of liability shall not
(i) 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;
(ii) be construed as providing the Consultant with any limitation or exclusion from
liability which is prohibited by the “Applicable Law”,
III. Special Conditions of Contract Lump-Sum
95 | P a g e
12
The Consultant shall not use these documents, specific deliverables, databases and
information prepared/developed/received for purposes unrelated to this Contract
without the prior written approval of the Client.
13 The Contract price is: ____________________ [insert amount and currency for
each currency as applicable] excluding service tax as per prevailing rates.
14 The Client warrants that
The Client shall reimburse the Consultant payment under the applicable law in the
Client’s country in respect of any payments whatsoever made to the Consultant in
connection with the carrying out of the Services.
15 The payment schedule:
Payment of quarterly installments shall be linked to the deliverables
specified in the Terms of Reference and agreed Detailed Annual Work Plan
with agreed timelines.
Payment to the consultant will be made on quarterly basis spread over five
years. Payment on every quarter will be disbursed upon receiving the invoice
based on milestone achieved from consultant along with the monthly report
submitted during that quarter.
In case any consultant is not available for more than approved period penalty
will be deducted based on the remuneration mentioned in Fin 3 for the absent
days.
Penalty if levied shall be deducted from quarterly payment.
Total sum of all installments shall not exceed the Contract price set up in SCC38.1.
III. Special Conditions of Contract Lump-Sum
96 | P a g e
16
Disputes shall be settled by arbitration in accordance with the following
provisions:
1. Selection of Arbitrators. Any dispute arising out of the Contract, which
cannot be amicably settled between the parties, shall be referred to
adjudication/arbitration in accordance with Arbitration & Conciliation Act
1996, to the sole Arbitrator the Secretary Revenue Department Govt. of MP
or an officer nominated by her/him shall be the arbitrator.
17 2. Rules of Procedure. Except as otherwise stated herein, arbitration
proceedings shall be conducted in accordance with the rules of
procedure for arbitration of the Madhya Pradesh Arbitration
Tribunal Act, 1983 first.
3. Substitute Arbitrators. If for any reason an arbitrator is unable to
perform his/her function, a substitute shall be appointed in the same
manner as the original arbitrator.
18 5. Miscellaneous. In any arbitration proceeding hereunder:
(a) proceedings shall, unless otherwise agreed by the Parties, be held in
Gwalior only;
(b) the English language shall be the official language for all purposes; and
(c) the decision of the sole arbitrator or of a majority of the arbitrators (or of the
third arbitrator if there is no such majority) shall be final and binding and
shall be enforceable in any court of competent jurisdiction, and the Parties
hereby waive any objections to or claims of immunity in respect of such
enforcement.
III. Special Conditions of Contract
III. Appendices
APPENDIX A – TERMS OF REFERENCE
[This Appendix shall include the final Terms of Reference (TORs) worked out by the Client and
the Consultant during the negotiations; dates for completion of various tasks; location of
performance for different tasks; detailed reporting requirements and list of deliverables against
which the payments to the Consultant will be made; Client’s input, including counterpart
personnel assigned by the Client to work on the Consultant’s team; specific tasks or actions
that require prior approval by the Client.
Insert the text based on the Section 5 (Terms of Reference) of the ITC in the RFP and modified
based on the Forms TECH-1 through TECH-6 of the Consultant’s Proposal. Highlight the
changes to Section 5 of the RFP]
………………………………………………………………………………………………
APPENDIX B - KEY EXPERTS
[Insert a table based on Form TECH-5 of the Consultant’s Technical Proposal and finalized at
the Contract’s negotiations. Attach the CVs (updated and signed by the respective Key Experts)
demonstrating the qualifications of Key Experts.]
……………………………………………………………………………………………………
APPENDIX C – BREAKDOWN OF CONTRACT PRICE
[Insert the table with the unit rates to arrive at the breakdown of the lump-sum price. The table
shall be based on [Form FIN-2 and FIN-3] of the Consultant’s Proposal and reflect any changes
agreed at the Contract negotiations, if any. The footnote shall list such changes made to [Form
FIN-2 and FIN-3] at the negotiations or state that none has been made.]
APPENDIX D – RFP DOCUMENT
[Insert the RFP document/ clarification/corrigendum here]
top related