appointment of consultant to undertake the work of
TRANSCRIPT
Request for Proposal
for
Appointment of Consultant to Undertake the
Work of Assessing Manpower Requirement
for Group ‘C’ and ‘D’ Categories of
Employees in Municipal Corporation of Delhi
May 31, 2010
For and on behalf of
Municipal Corporation of Delhi
Commissioner‟s Office
Ambedkar Stadium, Near Delhi Gate
New Delhi - 110001
IIssssuueedd bbyy
Delhi Integrated Multi-Modal Transit System Limited
(A Joint Venture of Government of Delhi & IDFC Ltd.)
1st floor, Maharana Pratap Inter State Bus Terminus,
Kashmere Gate, Delhi – 110006 Phone: +91-11-43090100; Fax: +91-11-23860966
E-mail: [email protected]; Website: www.dimts.in
Cost of RFP Document: INR 10,000 RFP Number: DIMTS/MCD/2010/01
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Municipal Corporation of
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RFP for the Appointment of Consultant to Undertake the Work of Assessing
Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in MCD
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The information contained in this Request for Proposal (“RFP”) Document, whether verbally
or in documentary or in any other form, by or on behalf of the Municipal Corporation of
Delhi, Government of National Capital Territory of Delhi (the “MCD”), or any of their
employees or advisors, on the terms and conditions set out in this RFP Document and such
other terms and conditions as the MCD may prescribe in this behalf, has been prepared solely
to assist prospective Bidders in making their decision of whether or not to submit a bid.
This RFP Document is not an agreement and is not an offer or invitation by the MCD, to any
other party. As mentioned above, the purpose of this RFP Document is to provide the Bidder
with information to assist in the formulation of their proposals. This RFP Document does not
purport to contain all the information each Bidder may require. This RFP Document may not
be appropriate for all persons, and it is not possible for the MCD, their employees or advisors
to consider the investment objectives, financial situation and particular needs of each party
who reads or uses this RFP Document. Each Bidder should conduct its own investigations
and analysis and should check the accuracy, reliability and completeness of the information
in this RFP Document and where necessary obtain independent advice from appropriate
sources.
The MCD, their employees and advisors make no representation or warranty and shall incur
no liability under any law, statute, rules or regulations or tort, principles of restitution or
unjust enrichment for any loss, damage, cost or expense which may arise from or be incurred
or suffered on account of anything contained in this RFP Document or otherwise including
the accuracy, reliability or completeness of the RFP Document or any assessment,
assumption, statement or information contained therein or deemed to form part of the RFP
Document or arising in any way at this stage of the Bidding Process.
The designs, drawings, technical data and any other information if provided in this RFP
Document is only indicative and the MCD, their employees and advisors have not made, will
not make and will not be deemed to have made any current or future representation, promise
or warranty, express or implied, as to the accuracy, reliability or completeness of the
information contained herein or in any document or information, whether written or oral,
made available to a Bidder, whether or not the aforesaid parties know or should have known
of any errors or omissions or were responsible for its inclusion in or omission from this RFP
Document.
This RFP Document is provided for information purposes only and upon the express
understanding that such parties will use it only for the purpose set forth above. It does not
purport to be all-inclusive or contain all the information about the organization structure for
Category „C‟ and „D‟ employees in MCD in relation to which it is being issued.
The information and statements made in this RFP Document have been made in good faith.
Interested parties should rely on their own judgments in participating in the said Project. Any
liability of any nature whatsoever, whether resulting from negligence or otherwise howsoever
caused arising from reliance of any Bidder upon the statements and information contained in
this RFP Document is accordingly expressly disclaimed.
This RFP Document has not been filed, registered or approved in any jurisdiction. Recipients
of this document should inform themselves of and observe any applicable legal requirements.
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RFP for the Appointment of Consultant to Undertake the Work of Assessing
Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in MCD
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Information provided in this RFP Document to the Bidders is on a wide range of matters,
some of which may depend upon interpretation of law. The information given is not an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The MCD, their employees and advisors accept no
responsibility for the accuracy or otherwise for any interpretation of law expressed herein.
The MCD may in their absolute discretion, but without being under any obligation to do so,
update, amend or supplement the information in this RFP Document. Any change to the RFP
Document will be notified to all those who have purchased the RFP Document and to those
who have downloaded the RFP Document from the website and have duly intimated this fact
to MCD giving their particulars including address for communication by fax/post (Registered
Bidder). No part of this RFP Document and no part of any subsequent correspondence by the
MCD, their employees and advisors shall be taken either as providing legal, financial or other
advice or as establishing a contract or contractual obligation. Contractual obligations would
arise only if and when definitive agreements have been approved and executed by the
appropriate parties having the authority to enter into and approve such agreements. The
MCD, reserves the right to reject all or any of the Proposal submitted in response to this RFP
Document at any stage without assigning any reasons whatsoever and the issue of this RFP
Document does not imply that the MCD is bound to select a Bidder or to appoint a
Concessionaire.
All Bidders are responsible for all costs and expenses incurred by them when evaluating and
responding to this RFP Document in connection with or relating to or in making their
Proposal including any negotiation or other costs incurred by the Bidder thereafter. All such
costs and expenses will remain with the Bidder and the MCD, their employees and advisors
shall not be liable in any manner whatsoever for the same or for any other costs or expenses
incurred by a Bidder in preparation or submission of its Proposal, regardless of the conduct or
outcome of the Bidding Process. The MCD may in its sole discretion proceed in the manner it
deems appropriate which may include deviation from its expected evaluation process, the
waiver of any requirements, and the request for additional information. Unsuccessful bidders
will have no claim whatsoever against the MCD, their employees and advisors.
Municipal Corporation of
Delhi
RFP for the Appointment of Consultant to Undertake the Work of Assessing
Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in MCD
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RFP for the Appointment of Consultant to Undertake the Work of Assessing
Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in MCD
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Part I Instructions to Bidders
Part II Terms of Reference and Scope of Services
Part III Draft Contract Agreement
Part I: Instructions to Bidders
1. Introduction................................................................................................................................................ 8
1.1. General ....................................................................................................................................................... 8
1.2. Brief Description of Bidding Process ....................................................................................................... 8
2. Instruction to Bidders ................................................................................................................................ 9
A. General ....................................................................................................................................................... 9
2.1. Definitions ................................................................................................................................................... 9
2.2. Scope of Proposal ..................................................................................................................................... 10
2.3. Eligible Bidders ........................................................................................................................................ 11
2.4. Number of Proposals ............................................................................................................................... 11
2.5. Proposal Preparation Cost ...................................................................................................................... 11
2.6. Verification of Documents ....................................................................................................................... 12
2.7. Contents of RFP Document..................................................................................................................... 12
2.8. Clarifications by Bidders ......................................................................................................................... 12
2.9. Amendment of RFP Document ............................................................................................................... 13
2.10. Pre-Proposal Meeting .............................................................................................................................. 13
2.11. Miscellaneous – Other Provisions ........................................................................................................... 14
2.12. Disqualification ........................................................................................................................................ 15
B. Preparation and Submission of Proposal ............................................................................................... 18
2.13. Language .................................................................................................................................................. 18
2.14. Currency ................................................................................................................................................... 18
2.15. Bid Security .............................................................................................................................................. 18
2.16. Validity of Proposal ................................................................................................................................. 19
2.17. Bidders Responsibility ............................................................................................................................. 19
2.18. Format and Signing of Proposal ............................................................................................................. 20
2.19. Sealing and Marking of Proposal ........................................................................................................... 21
2.20. Proposal Due Date ................................................................................................................................... 22
2.21. Late Proposals .......................................................................................................................................... 22
2.22. Modification and Withdrawal of Proposals ........................................................................................... 23
2.23. Confidentiality .......................................................................................................................................... 23
2.24. Clarifications Sought by MCD ............................................................................................................... 23
2.25. Cost of RFP Document ............................................................................................................................ 23
2.26. Consultant(s) or Advisor(s) ..................................................................................................................... 24
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3. Criteria and Methodology for Qualification and Evaluation ............................................................... 25
A. General ..................................................................................................................................................... 25
3.1. Qualification Parameters ........................................................................................................................ 25
3.2. Experience and Technical Capability Criteria ...................................................................................... 25
3.3. Financial Capability Criteria .................................................................................................................. 26
B. Evaluation Methodology ......................................................................................................................... 28
3.4. Opening of Proposal ................................................................................................................................ 28
3.5. Test of Responsiveness ............................................................................................................................. 28
3.6. Evaluation of Technical Submissions ..................................................................................................... 29
3.7. Evaluation of Price Proposal................................................................................................................... 29
3.8. Notification ............................................................................................................................................... 30
3.9. MCD‟s Right to Accept or Reject Proposal ........................................................................................... 30
3.10. Acknowledgment of Letter of Acceptance (LOA) and Execution of Contract Agreement ............... 31
3.11. Performance Security .............................................................................................................................. 32
Appendix 1: Schedule of Bidding Process ........................................................................................................ 33
Appendix 2: Format for Covering Letter cum Consultancy Assignment Undertaking ............................... 34
Appendix 3: Format for Power of Attorney for Signing of Proposal ............................................................. 37
Appendix 4: Format for Power of Attorney for Lead Member of Consortium ............................................ 38
Appendix 5: Format for Details of Bidder........................................................................................................ 40
Appendix 6: Format for Financial Capability# of the Bidder ......................................................................... 41
Appendix 7: Assignments Carried out by the Firm with the Similar Scope of Work .................................. 42
Appendix 8: Format for Affidavit Certifying that Entity / Directors of Entity are not Blacklisted ............ 43
Appendix 9: Format of Bid Security ................................................................................................................. 44
Appendix 10: Contents and Format of Price Proposal .................................................................................... 46
Appendix 10A: Summary of Price Proposal .................................................................................................... 47
Appendix 11: Format for Draft Letter of Acceptance (To be issued by MCD) ............................................ 48
Appendix 12: Format of Acknowledgement Letter of Acceptance (To be issued submitted by Successful
Bidder to MCD) .................................................................................................................................................. 50
Appendix 13: Total No. of Full Time Consultants Working/Employed in the Firm .................................... 51
Appendix 14: Detail/Information of the Team and the Task which would be Assigned to Each Member
and the Team Leader ......................................................................................................................................... 52
Appendix 15: Description of Approach, Methodology and Work Plan for Performing the Assignment ... 55
Appendix 16: Checklist ...................................................................................................................................... 56
Part II - Terms of Reference and Scope of Services
1. Background .............................................................................................................................................. 60
2. Scope of Services ...................................................................................................................................... 60
3. Indicative List of Post in Category „C‟ and „D‟ ..................................................................................... 60
4. Reporting Schedules ................................................................................................................................ 63
4.1. Inception Report ...................................................................................................................................... 63
4.2. Interim Report ......................................................................................................................................... 63
Municipal Corporation of
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Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in MCD
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4.3. Draft Final Report ................................................................................................................................... 63
5. Inputs Required for the Services ............................................................................................................ 63
5.1. Staff Input and Duration of Services ..................................................................................................... 63
5.2. Qualification & experience of key staff .................................................................................................. 64
5.2.1. Team Leader ............................................................................................................................................ 64
5.2.2. Other Key Members/Expert ................................................................................................................... 64
5.2.3. Logistics for the Services ......................................................................................................................... 64
6. Duration of Contract ............................................................................................................................... 64
Part III - Draft Contract Agreement
Article 1 - Definitions ......................................................................................................................................... 67
Article 2 – Award of Contract & Scope of Services ......................................................................................... 70
Article 3 - Contract Period ................................................................................................................................ 71
Article 4 – Obligations of Parties ...................................................................................................................... 71
Article 5 – Personnel / Team Members ............................................................................................................. 73
Article 6 – Consultancy Fee ............................................................................................................................... 74
Article 7 - Performance Security ....................................................................................................................... 75
Article 8 – Events of Default & Termination ................................................................................................... 76
Article 9 - Indemnity .......................................................................................................................................... 78
Article 10 - Force Majeure ................................................................................................................................. 78
Article 11 - Confidentiality ................................................................................................................................ 80
Article 12 - Dispute Resolution .......................................................................................................................... 80
Article 13 – Language ........................................................................................................................................ 81
Article 14 – Assignment and Charges ............................................................................................................... 81
Article 15 – Governing Law and Jurisdiction .................................................................................................. 82
Article 16 – Relation between Parties ............................................................................................................... 82
Article 17 – Notices ............................................................................................................................................. 82
Article 18 – Waiver ............................................................................................................................................. 82
Article 19 – Survival ........................................................................................................................................... 83
Article 20 – Severability ..................................................................................................................................... 83
Article 21 – Representations and Warranties .................................................................................................. 84
Article 22 – Counterparts .................................................................................................................................. 85
SCHEDULE 1: SCOPE OF SERVICES ............................................................................................................... 87
SCHEDULE 2: MANNING SCHEDULE AND REPORTING SCHEDULE ........................................................ 88
SCHEDULE 3: MILESTONES AND PAYMENT SCHEDULE ............................................................................ 89
SCHEDULE 4: PERSONNEL PROFILE ............................................................................................................. 90
SCHEDULE 5: PERFORMANCE SECURITY BANK GUARANTEE .................................................................. 91
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1. Introduction 1.1. General
1.1.1. The Municipal Corporation of Delhi (MCD) invites sealed proposals from eligible
entities for appointment of Consultant to Undertake the Work of Assessing Manpower
Requirement for Group „C‟ and „D‟ Categories of Employees in Municipal
Corporation of Delhi (the “Consultancy assignment”). The preferred bidder shall be
selected through an open, transparent and competitive bidding process.
1.1.2. An agreement for appointment of Consultant to Undertake the Work of Assessing
Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in MCD.
(“Contract Agreement”) with development milestones and Terms of Reference and
Scope of Services shall be executed between MCD and the Successful Bidder for the
aforesaid consultancy assignment.
1.2. Brief Description of Bidding Process
1.2.1. MCD intends to follow a single stage bidding process with two envelop system for
selection of the Consultant for the Consultancy Assignment. This process involves
selection of Successful Bidder who is eligible to submit its proposal as specified in
this RFP Document.
1.2.2. RFP Document follows a two stepped approach comprising :
Qualification Phase: Short-listing of Bidders based on qualification criteria
Proposal Phase: Evaluation of Price Proposals received from Shortlisted Bidders
1.2.3. As a part of the Bidding Process, the business entities and interested parties will be
required to submit two envelopes containing: (i) their Technical Submissions; and (ii)
their Price Proposal as part of their proposal package.
1.2.4. Technical Submission of the Bidders will be opened to check their eligibility to
participate, to test their responsiveness, bid security and other such compliances and
further to evaluate the technical capability and financial capability in accordance with
the Evaluation Methodology set out in this RFP Document. At the end of the
Qualification Phase, MCD will prepare and release a list of Shortlisted Bidders for the
Consultancy Assignment.
1.2.5. Price Proposal of those who will be technically qualified shall be opened.
1.2.6. The Successful Bidder would then be required to enter into a Contract Agreement
with Municipal Corporation of Delhi. A draft Contract Agreement (DCA) is provided
as Part– III of this RFP Document.
1.2.7. Details of the process of selection, including the schedule of Bidding Process (as
provided in Appendix 1 to this RFP Document), is set out in this RFP Document.
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2. Instruction to Bidders
A. General
2.1. Definitions
“Bidder” means any Business Entity or a Consortium who submits a Bid along with
Bid Security under this RFP within the stipulated time for submission of bids.
“Bidding Process” shall mean the single stage competitive bidding process with two
envelops system comprising (i) the Technical Submissions and (ii) the Price Proposal
for the Consultancy Assignment.
“Business Entity” shall mean any legal entity and include company / partnership firm
/ limited liability partnership firm / sole proprietorship registered under the relevant
Indian laws.
“Contract Agreement” shall mean the agreement to be entered into between
Municipal Corporation of Delhi and the successful bidder for the Consultancy
Assignment.
“Contract Period” shall mean a period of sixteen (4+12) months from the date of
signing of the agreement, which include 4 (four) months for submission of reports and
12 (twelve) months for assistance during implementation period.
“Consortium” shall mean the combination of a maximum of Two (2) or more
entities coming together for submission of a Proposal and as particularly described
under Clause 2.3.1 of the RFP Document.
“Consultant” shall mean bidder whose bid will be accepted by MCD and shall
include such successful bidder, its legal representatives, successors and permitted
assigns.
“MCD” shall mean Municipal Corporation of Delhi, headquartered at Delhi.
“Lead Member” shall mean a specific member in a Consortium duly nominated by
other members of such Consortium as the lead member.
“Letter of Acceptance” shall mean the letter issued by the MCD to the Successful
Bidder for award of the Consultancy Assignment.
“Proposal” shall mean the documents received by MCD from an interested party who
is eligible to submit its proposal in response to this RFP Document for the
Consultancy Assignment.
“RFP Document” shall mean the documents set out in Clause 2.7 including all the
Appendices, Annexures and Schedules thereof and any amendments thereto made in
accordance with the provisions contained in this document.
“Successful Bidder” shall mean the Bidder for award of the Consultancy
Assignment.
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2.2. Scope of Proposal
2.2.1. MCD wishes to seek responses to the RFP Document in the form of proposal
(“Proposal”) in terms of Clause 1.1 of ITB.
2.2.2. The Proposals would be evaluated on the basis of the evaluation criteria set out in this
Request for Proposal (RFP) Document (hereinafter referred to as the “Evaluation
Methodology”) in order to identify the Successful Bidder for the Consultancy
Assignment (hereinafter referred to as the “The Consultant”). The Successful Bidder
would then be required to enter into an agreement (hereinafter the “Contract
Agreement”) with MCD as per the draft set forth in Part – III of this RFP Document
and perform the obligations as stipulated therein, in respect of the Consultancy
Assignment.
2.2.3. Terms used in this RFP Document which have not been defined herein shall have the
meaning ascribed thereto in the draft Contract Agreement.
2.2.4. Pursuant to the release of this RFP Document, MCD shall receive Proposals, prepared
and submitted in accordance with the terms set forth in this RFP Document and other
documents to be provided to MCD pursuant to this RFP Document including
annexure thereto (collectively referred to as the "Bidding Documents"), as modified,
altered, amended and clarified from time to time by MCD.
2.2.5. The Bidding Documents including this RFP Document and all attached documents are
and shall remain the property of MCD and are transmitted to the Bidders solely for
the purpose of preparation and the submission of their respective Proposal in
accordance herewith. Bidders are to treat all information as strictly confidential and
shall not use it for any purpose other than for preparation and submission of their
Proposal. MCD will not return any Proposal or any information provided along
therewith.
2.2.6. The statements and explanations contained in this RFP Document are intended to
provide an understanding to the Bidders about the subject matter of this RFP
Document and shall not be construed or interpreted as limiting in any way or manner
whatsoever the scope of services, work and obligations of the Successful Bidder to be
set forth in the Contract Agreement or MCD‟s right to amend, alter, change,
supplement or clarify the scope of service and work, the Contract to be awarded
pursuant to the RFP Document including the terms thereof, and this RFP Document
including terms herein contained. Consequently, any omissions, conflicts or
contradictions in the Bidding Document including this RFP Document are to be
noted, interpreted and applied appropriately to give effect to this intent and no claim
on that account shall be entertained by MCD.
2.2.7. Bidders may note that MCD will not entertain any deviations to the RFP Document at
the time of submission of the Proposal or thereafter. The Proposal to be submitted by
the Bidders will be unconditional and unqualified and the Bidders would be deemed
to have accepted the terms and conditions of the RFP Document with all its contents
Municipal Corporation of
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RFP for the Appointment of Consultant to Undertake the Work of Assessing
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including the terms and conditions of the draft Contract Agreement. Any conditional
Proposal shall be regarded as non-responsive and would be liable for rejection.
2.2.8. Conditional or incomplete proposal are liable to be treated as non-responsive and
thereafter rejected.
2.2.9. This RFP Document is not transferable.
2.3. Eligible Bidders
2.3.1. Eligible Bidders: Any legal entity including a company / partnership firm / limited
liability partnership firm / sole proprietorship incorporated under the relevant Indian
laws.
A bidder may submit the bid as Consortium through Lead Member. In case of
consortium, the lead member has to fulfil the Technical and Financial criteria, and the
only lead member will be considered for evaluation by MCD.
2.3.2. The Bidder should submit a Power of Attorney as per the format enclosed at
Appendix 3, authorising the signatory of the Proposal to commit the Bidder.
2.3.3. Notwithstanding anything stated elsewhere in these documents, MCD shall have the
right to seek updated information from the Bidders to ensure their continued
eligibility. Bidders shall provide evidence of their continued eligibility in a manner
that is satisfactory to MCD. A Bidder may be disqualified if it is determined by MCD,
at any stage of the process, that the Bidder will be unable to fulfil the requirements of
the Consultancy Assignment or fails to continue to satisfy the eligibility criteria.
Supplementary information or documentations may be sought from Bidders at any
time and must so be provided within a reasonable timeframe as stipulated by MCD.
2.3.4. A Bidder or member of Consortium which has earlier been barred by MCD/ any other
entity of GOI or GNCTD or blacklisted by any state government or central
government / department / agency in India from participating in Bidding Process shall
not be eligible to submit a Proposal, either individually or as member of a
Consortium, if such bar subsists as on the Proposal Due Date. The Bidder or the
member of Consortium shall be required to furnish an affidavit that there is no such
bar imposed and existing as on the Proposal Due Date as per format provided in
Appendix 8.
2.4. Number of Proposals
2.4.1. Each Bidder shall submit only one (1) Proposal in response to this RFP Document.
Any entity, which submits or participates in more than one Proposal will be
disqualified and will also cause the disqualification of Consortium in which it is a
member.
2.5. Proposal Preparation Cost
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RFP for the Appointment of Consultant to Undertake the Work of Assessing
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2.5.1. The Bidder shall be responsible for all the costs associated with the preparation of its
Proposal and its participation in the bidding process. MCD will not be responsible or
in any way liable for such costs, regardless of the conduct or outcome of bidding.
2.6. Verification of Documents
2.6.1. MCD reserves the right to verify all statements, information and documents submitted
by the Bidder in response to the RFP Document. Failure of the MCD to undertake
such verification shall not relieve the Bidder of its obligations or liabilities hereunder
nor will it affect any rights of MCD thereunder.
2.7. Contents of RFP Document
2.7.1. The RFP Document consists of three Parts as listed below and would include any
addenda issued in accordance with Clause 2.9.1.
Part I Instructions to Bidders
Part II Terms of Reference and Scope of Services
Part III Draft Contract Agreement
2.8. Clarifications by Bidders
2.8.1. Bidders requiring any clarification on the RFP Document may notify MCD in writing
or by facsimile within such date as specified in the Schedule of Bidding Process set
forth in Appendix 1. MCD may at its sole discretion, forward to all Bidders, copies of
MCD‟s response, including a description of the enquiry but without identifying its
source. The envelopes / communication shall clearly bear the following identification
/ title (refer Clause 2.19.4):
"Queries/Request for Additional Information:
“RFP Document Appointment of Consultant to Undertake the Work of Assessing
Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in Municipal
Corporation of Delhi”
2.8.2. The MCD shall endeavour to respond to the questions raised or clarifications sought
by the Bidders. However, the MCD reserves the right not to respond to any question
or provide any clarification, in its sole discretion, and nothing in this Clause shall be
construed, taken or read as compelling or requiring the MCD to respond to any
question or to provide any clarification.
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2.8.3. The MCD may also on its own, if necessary, issue interpretations and clarifications to
all Bidders. All clarifications and interpretations issued by the MCD shall be deemed
to be part of the Bidding Documents if the same is in writing. Verbal clarifications
and information given by the MCD or their employees, advisors or representatives
shall not in any way or manner be binding on the MCD.
2.9. Amendment of RFP Document
2.9.1. At any time prior to the Proposal Due Date, the MCD may, for any reason, whether at
its own initiative or in response to clarifications requested by a Bidder, modify the
RFP Document by issue of Addenda.
2.9.2. Any Addendum thus issued will be in writing to all those who have purchased the
RFP Document and to those who have downloaded the RFP Document from the
website and have duly intimated this fact to authorized person as per Clause 2.10.5
giving their particulars including address for communication by fax/post. The
Addendum may be issued by MCD in writing or by any standard electronic means
such as email or by uploading on the website. Bidders are advised to visit the website
(www.mcdonline.gov.in / www.dimts.in) regularly to keep themselves updated.
2.9.3. In order to afford the Bidders reasonable time in which to take an Addendum into
account, or for any other reason, the MCD may, at its own discretion, extend the
Proposal Due Date.
2.9.4. The MCD may in its sole discretions and without assigning any reason modify, alter
or amend all or any part of the Schedule of Bidding Process by issue of addendum to
the RFP Document.
2.10. Pre-Proposal Meeting
2.10.1. To clarify and discuss issues with respect to the Consultancy Assignment and the RFP
Document, a Pre-Proposal meeting will be held as per the details provided in
Appendix 1.
2.10.2. Prior to the Pre-Proposal meeting/s, the Bidders may submit a list of queries and
propose deviations, if any, to the Consultancy Assignment requirements and/or the
draft Contract Agreement. Bidders must formulate their queries and forward the same
to MCD prior to the meeting in terms of schedule set out in Appendix 1. MCD may,
as may be considered acceptable at its sole discretion, amend the RFP Document
based on inputs provided by Bidders.
2.10.3. MCD will endeavor to hold the meeting as per Schedule of Bidding Process. Any
change in the schedule of Pre-proposal meeting will be separately communicated by
posting on the web sites (www.mcdonline.gov.in / www.dimts.in).
2.10.4. Attendance of the Bidders at the Pre-Proposal meeting is not mandatory. MCD will
endeavor to respond to all queries from all Bidders, irrespective of attendance of the
Bidder in the Pre-Proposal meeting.
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2.10.5. All correspondence / enquiries/ request for clarifications should be submitted to the
following in writing by fax /post / courier:
SUBJECT: RFP for Appointment of Consultant to Undertake the Work of
Assessing Manpower Requirement for Group „C‟ and „D‟
Categories of Employees in Municipal Corporation of Delhi.
ADDRESS: AGM (Technical)
Delhi Integrated Multi-Modal Transit System Limited (DIMTS)
1st Floor Maharana Pratap ISBT Building,
Kashmere Gate,
Delhi – 110006
Tel. : +91-11-43090100 Fax: +91-11-23860966
Email: [email protected]
2.10.6. No interpretation, revision, or other communication from MCD regarding this
solicitation is valid unless in writing and is signed by Commissioner, Municipal
Corporation of Delhi or its authorised representative. MCD may choose to send to all
Bidders, written copies of MCD‟s responses, including a description of the enquiry
but without identifying its source to all the Bidders.
2.11. Miscellaneous – Other Provisions
2.11.1. The Bidding Process shall be governed by, and construed in accordance with, the laws
of India and the Courts at Delhi shall have jurisdiction over all disputes arising under,
pursuant to and/ or in connection with the Bidding Process.
2.11.2. MCD, in its sole discretion and without incurring any obligation or liability, reserves
the right to:
a) suspend and/or cancel the Bidding Process and/or amend and/or supplement the
Bidding Process or modify the dates or other terms and conditions relating
thereto;
b) qualify or not to qualify any Bidder and/or to consult with any Bidder in order to
receive clarification or further information;
c) retain any information and/or evidence submitted to MCD by, on behalf of, and/
or in relation to any Bidder;
d) independently verify, disqualify, reject and/ or accept any and all submissions or
other information and/or evidence submitted by or on behalf of any Bidder; and
2.11.3. It shall be deemed that by submitting the Proposal, the Bidder agrees and releases
MCD, its employees, agents and advisers, irrevocably, unconditionally, fully and
finally from any and all liability for claims, losses, damages, costs, expenses or
liabilities in any way related to or arising from the exercise of any rights and/or
performance of any obligations hereunder, pursuant hereto and/or in connection
herewith and waives any and all rights and/or claims it may have in this respect,
whether actual or contingent, whether present or future.
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2.12. Disqualification
2.12.1. Even if the Bidder meets the guidelines as set forth in this RFP Document, MCD at its
discretion can disqualify the Bidder if:
a) the Bidder has been debarred by any state or central government or government
agency in any country; or
b) the Bidder has made misleading or false representation in the forms, statements
and attachments submitted; or
c) the Bidder has a record of poor performance during the last three (3) years such as
consistent history of litigation / arbitration award against the Bidder / any of its
constituents or financial failure due to bankruptcy, etc.; or
2.12.2. Upon submission of the Proposal it would be deemed that the Bidder has prior to the
submission thereof :
(a) made a complete and careful examination of the terms and conditions/
requirements, and other information set forth in this RFP Document and other
Bidding Documents;
(b) received all such relevant information as it has requested from MCD;
(c) acknowledged and accepted the risk of inadequacy, error or mistake in the
information provided in any of the Bidding Documents or furnished by or on
behalf of the MCD relating to any of the matters referred to in the Bidding Process
including Bidding Documents;
(d) 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 the RFP, and any amendments thereof, shall not be a basis
for any claim for compensation, damages, extension of time for performance of its
obligations, loss of profits etc. from the MCD or a ground for termination of the
Contract Agreement; and
(e) agreed to be bound by the undertakings provided by it under and in terms hereof.
2.12.3. The MCD shall not be liable for any mistake or error or neglect by the Bidder in
respect of the above.
2.12.4. The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process and subsequent to
the issue of the LOA and during the subsistence of the Contract Agreement.
Notwithstanding anything to the contrary contained herein or in the LOA or the
Contract Agreement, the MCD shall reject a Proposal, withdraw the LOA, or
terminate the Contract Agreement, as the case may be, without being liable in any
manner whatsoever to the Bidder or the Consultant, as the case may be, if it
determines that the Bidder or Consultant, as the case may be, has directly or indirectly
or through an agent, engaged in any corrupt practice, fraudulent practice, coercive
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practice, undesirable practice or restrictive practice in the Bidding Process. In such an
event, the MCD shall forfeit and appropriate the Bid Security or Performance
Security, as the case may be, as mutually agreed genuine pre-estimated compensation
and damages payable to MCD towards, inter alia, time, cost and effort of the MCD,
without prejudice to any other right or remedy that may be available to the MCD
hereunder or otherwise.
2.12.5. Without prejudice to the rights of the MCD under Clause 2.12.4 hereinabove and the
rights and remedies which the MCD may have under the LOA or the Contract
Agreement, if a Bidder or Consultant, as the case may be, is found by the MCD to
have directly or indirectly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice during the Bidding Process, or after the issue of the LOA or the execution of
the Contract Agreement, such Bidder or Consultant shall not be eligible to participate
in any tender or RFP Document issued by MCD during a period of five years from the
date such Bidder or Consultant, as the case may be, is found by the MCD to have
directly or indirectly or through an agent, engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practices, as
the case may be.
2.12.6. For the purposes of Clauses 2.12.4 and 2.12.5 above, the following terms shall have
the meaning hereinafter respectively assigned to them:
a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly
or indirectly, of anything of value to influence the actions of any person connected
with the Bidding Process (for avoidance of doubt, offering of employment to or
employing or engaging in any manner whatsoever, directly or indirectly, any
official of the MCD who is or has been associated in any manner, directly or
indirectly with the Bidding Process or the LOA or has dealt with matters
concerning the Contract Agreement or arising therefrom, before or after the
execution thereof, at any time prior to the expiry of one year from the date such
official resigns or retires from or otherwise ceases to be in the service of the
MCD, shall be deemed to constitute influencing the actions of a person connected
with the Bidding Process); or (ii) engaging in any manner whatsoever, whether
during the Bidding Process or after the issue of the LOA or after the execution of
the Contract Agreement, as the case may be, any person in respect of any matter
relating to consultancy assignment or the LOA or the Contract Agreement, who at
any time has been or is a legal, financial or technical adviser of the MCD in
relation to any matter concerning the tender;
b) “fraudulent practice” means a misrepresentation or omission of facts or
suppression of facts or disclosure of incomplete facts, in order to influence the
Bidding Process ;
c) “coercive practice” means impairing or harming, or threatening to impair or harm,
directly or indirectly, any person or property to influence any person‟s
participation or action in the Bidding Process;
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d) “undesirable practice” means establishing contact with any person connected with
or employed or engaged by the MCD with the objective of canvassing, lobbying
or in any manner influencing or attempting to influence the Bidding Process.
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B. Preparation and Submission of Proposal
2.13. Language
2.13.1. The Proposal and all related correspondence and documents shall be written in the
English language. The Supporting documents and printed literature furnished by the
Bidder with the Proposal may be in any other language provided that they are
accompanied by a true and correct official translation into English and duly stamped.
Supporting materials that are not translated into English may not be considered for
evaluation of the Proposal. For the purpose of interpretation and evaluation of the
Proposal, the English language translation shall prevail.
2.14. Currency
2.14.1. The currency for the purpose of the Proposal shall be the Indian Rupee (INR).
2.15. Bid Security
2.15.1. Proposals shall be accompanied by a Bid Security for an amount of Rs. 25,00,000/-
(Rupees Twenty Five Lakhs only) for the Consultancy Assignment. No relaxation of
any kind in Bid Security shall be given to any Bidder.
2.15.2. The Bid Security shall remain valid for a period of 45 days beyond the original
validity period of bids, and would need to be extended, if so required by the MCD, for
any extension in Proposal Validity Period.
2.15.3. The Bid Security shall be in the form of an irrevocable Bank Guarantee issued by a
nationalized Bank in India, in favour of “Commissioner, Municipal Corporation of
Delhi” encashable at Delhi, as per the format set out in Appendix 9 or in the form of a
demand draft issued by a bank in India, drawn in favour of Commissioner, Municipal
Corporation of Delhi and payable in Delhi. MCD shall not be liable to pay any
interest on the Bid Security and the same shall be interest free
2.15.4. The Bid Security shall be returned to unsuccessful Bidders on the signing of Contract
Agreement for the Consultancy Assignment. The Bid Security, submitted by the
Successful Bidder, shall be released:
(a) upon signing of the Contract Agreement with the Successful Bidder; and
(b) upon furnishing a Performance Guarantee for an amount mentioned in the
Contract Agreement;
2.15.5. The Bid Security shall be liable to be forfeited as mutually agreed genuine pre-
estimated compensation and damages to the MCD in the following cases:
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(a) If the Bidder withdraws its Proposal except as provided in Clause 2.22.1 ; or
(b) If the Bidder modifies or withdraws its Proposal during the interval between the
Proposal Due Date and expiration of the Proposal Validity Period; or
(c) If the Bidder fails to accept the LOA within the stipulated time period as
provided in Clause 3.10.1; or
(d) In case the Successful Bidder fails to sign the Contract Agreement within the
specified time limit or any extension thereof; or
(e) In case the Selected Bidder, having signed the Contract Agreement, commits
any breach therefor prior to the furnishing of the Performance Security; or
(f) If the Successful Bidder fails to furnish the Performance Security within the
specified time limit prescribed therefor in the Contract Agreement; or
(g) If any information or document furnished by the Successful Bidder turns out to
be misleading or untrue in any material respect; or
(h) If a Bidder engages in a corrupt, fraudulent, coercive, undesirable or restrictive
practice as specified in Clauses 2.12.4 to 2.12.6 of this RFP Document; or
2.16. Validity of Proposal
2.16.1. The Proposal shall indicate that it would remain valid for a period not less than 120
days from the Proposal Due Date (herein the “Proposal Validity Period”). The MCD
reserves the right to reject any Proposal that does not meet this requirement.
2.16.2. Prior to expiry of the Proposal Validity Period, the MCD may request that the Bidders
extend the period of validity for a specified additional period. A Bidder may refuse
the request without forfeiting its Bid Security. A Bidder agreeing to the request will
not be allowed to modify its Proposal, but would be required to extend the validity of
its Bid Security for the period of extension and comply with Clause 2.15 of this
document in all respects. A Bidder refusing the request shall not be eligible to
participate in the Bidding process and his Proposal shall be returned.
2.16.3. The Successful Bidder shall extend the Proposal Validity Period till the date of
execution of the Contract Agreement.
2.17. Bidders Responsibility
2.17.1. The Bidder is expected to examine carefully the contents of all the documents
provided. Failure to comply with the requirements of RFP Document will be at the
Bidder‟s own risk.
2.17.2. It would be deemed that prior to the submission of Proposal, the Bidder has:
a) made a complete and careful examination of requirements, and other
information set forth in this RFP Document;
b) received all such relevant information as it has requested from MCD; and
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c) made a complete and careful examination of the various aspects of the
Consultancy Assignment including but not limited to:
(i) all details related to the Category „C‟ and „D‟ employees in MCD;
(ii) all other matters that might affect the Bidder‟s performance under the
terms of this RFP Document;
(iii) a diligent scrutiny and is in conformity with the terms and conditions of
the draft Contract Agreement;
(iv) clearances required to be obtained for the Consultancy Assignment; and
(v) applicable laws and regulations in force in India.
2.17.3. MCD and / or its consultants shall not be liable for any mistake or error or neglect by
the Bidder in respect of the above.
2.18. Format and Signing of Proposal
2.18.1. Bidders shall provide all the information as per this RFP Document and in the
specified formats. MCD reserves the right to reject any Proposal that is not in the
specified formats.
2.18.2. The Proposal should be submitted in two parts:
Part 1 : Technical Submissions, which would include:
i.) Covering Letter cum Consultancy Assignment Undertaking as per
Appendix 2 stating the Proposal Validity Period.
ii.) Power of Attorney for Signing of the Proposal as in Appendix 3.
iii.) In case of Consortium, Power of Attorney for designating of the Lead
Member of Consortium as in Appendix 4. Each of the signatories of
the Power of Attorney for designating of the Lead Member of
Consortium must also be duly authorized.
iv.) Details of Bidder (in case of Consortium, this would need to be
provided by all the members) as in Appendix 5.
v.) Completed format of Financial Capability of the Bidder (in case of
Consortium, Financial Capability of all the members) as in
Appendix 6.
vi.) Completed format of Performance Statement of Bidder (in case of
Consortium, Performance Statement of all members) as in
Appendix 7.
vii.) Format for Affidavit Certifying that Business Entity / Promoter/s /
Director/s of Business Entity are not Blacklisted / Barred (as in
Appendix 8).
viii.) Proof of registration of the Bidder (in case of Consortium, proof of
registration of all the Members)
ix.) A photocopy of the receipt of the payment towards the cost of RFP
Document is to be enclosed or Demand Draft if RFP document is
downloaded from the website.
x.) Bid Security as per Appendix 9.
xi.) Undertaking of No deviations and exceptions in Terms of Reference.
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xii.) Undertaking of No Statement of deviations and exceptions in
commercial terms as per RFP.
xiii.) Supporting documents as per requirement of Clause 3.2 of RFP.
xiv.) Description of Approach, Methodology and Work Plan for Performing
the Assignment, Team Structure and Manning Schedule as per
Appendix 13 14 and 15 xv.) An indicative Check List has been included at Appendix 16 of this
RFP document. This has been designed to help the Bidders in
submitting the bids complete in all respect. The Bidders must fill this
Check List and submit along with their bid in their own interest. Any
other documents required as per any other clause of the RFP
Documents have to be submitted alongwith the Bid even if not
indicated in the aforesaid Check List.
Part 2: Price Proposal (To be submitted in a separate envelope)
i. Price Proposal as per the format set out in Appendix 10.
ii. Summary of Price Proposal as per the format set out in Appendix 10A.
2.18.3. The Bidder shall prepare one original of the documents comprising the Proposal as
described in Clause 2.18.2, clearly marked “ORIGINAL”. In addition, the Bidder
shall make one (1) copy of the Technical Submissions (Part I), clearly marked
“COPY”. In the event of any discrepancy between the original and the copies, the
original shall prevail. There will be no copies of the Price Proposal (Part II). Price
Proposal shall be submitted separately in a single cover which should be marked as
Price Proposal (Part II).
2.18.4. The Proposal and its copy shall be typed or printed in indelible ink and the Bidder
shall initial each page. All the alterations, omissions, additions, or any other
amendments made to the Proposal shall be initialled by the person signing the
Proposal. All pages of the Proposal must be serially numbered.
2.19. Sealing and Marking of Proposal
2.19.1. The Bidder shall seal the Technical Submissions and the Price Proposals, in separate
envelopes, duly marking the envelopes as “TECHNICAL SUBMISSIONS” and
“PRICE PROPOSAL” respectively. These envelopes shall then be sealed in an outer
envelope. In case RFP Document has been downloaded from the website, the outer
envelope shall clearly be marked as “Downloaded from the Website”.
2.19.2. The original and the copies of the Proposal shall be provided in separate envelopes,
duly marking the outer envelopes as “ORIGINAL” and “COPY” respectively.
2.19.3. Each envelope shall indicate the name and address of the Bidder (In case of a
Consortium the name and address of the Lead Member).
2.19.4. All the envelopes shall clearly bear the following identification:
Municipal Corporation of
Delhi
RFP for the Appointment of Consultant to Undertake the Work of Assessing
Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in MCD
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“RFP for Appointment of Consultant to Undertake the Work of Assessing
Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in
Municipal Corporation of Delhi”
“To be opened by Tender Opening Committee only”
and
“Submitted by
Name, Address and Contact Phone No. of the Bidder”
2.19.5. The envelope shall be addressed to:
ATTN. OF: Commissioner, Municipal Corporation of Delhi
ADDRESS: C/o Delhi Integrated Multi-Modal Transit System Limited (DIMTS)
1st Floor Maharana Pratap ISBT Building,
Kashmere Gate,
Delhi – 110006
Tel. : +91-11-43090100, Fax: +91-11-23860966
2.19.6. If the envelope is not sealed and marked as instructed above, the Proposal may be
deemed to non-responsive and would be liable for rejection. MCD assumes no
responsibility for the misplacement or premature opening of such Proposal.
2.20. Proposal Due Date
2.20.1. Proposals should be submitted on or before the Proposal Due Date mentioned in the
Schedule of Bidding Process, set forth in Appendix 1 to the address provided in
Clause 2.19.5 in the manner and form as detailed in this RFP Document. For the
purposes of this RFP Document the “Proposal Due Date” shall mean the time and date
for submission of the Proposal as set out in the Schedule of Bidding Process contained
in Appendix 1. Proposals submitted by facsimile transmission or telex or email will
not be acceptable.
2.20.2. The MCD, at its sole discretion, may extend the Proposal Due Date by issuing an
Addendum in accordance with Clause 2.9.
2.21. Late Proposals
2.21.1. Any Proposal received by the MCD after the prescribed dead-line (Proposal Due Date
& Time) will be summarily rejected and returned unopened to the Bidder.
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2.22. Modification and Withdrawal of Proposals
2.22.1. The Bidder may modify or withdraw its Proposal after submission, provided that
written notice of the modification or withdrawal is received by the MCD before the
Proposal Due Date. No Proposal shall be modified or withdrawn by the Bidder after
the Proposal Due Date.
2.22.2. The Bidder‟s modification or withdrawal notice shall be prepared, sealed, marked and
delivered in accordance with the provisions of Clause 2.18 and 2.19 with outer
envelopes additionally marked “MODIFICATION” or “WITHDRAWAL” and also
“TECHNICAL SUBMISSIONS” or “PRICE PROPOSAL” as appropriate.
2.22.3. Notwithstanding anything to the contrary contained in this RFP Document any
modification or withdrawal of a Proposal during the interval between the Proposal
Due Date and expiration of the Proposal Validity Period would result in forfeiture of
the Bid Security as mutually agreed genuine pre-estimated compensation and
damages in accordance with Clause 2.15.5 of this RFP Document.
2.23. Confidentiality
2.23.1. Information relating to the examination, clarification, evaluation and recommendation
for the short listed Bidders shall not be disclosed to any person not officially
concerned with the process or is not a retained professional adviser advising the MCD
in relation to or matters arising out of or concerning the Bidding Process. The MCD
will treat all information submitted as part of Proposal in confidence and will take all
reasonable steps to ensure that all who have access to such material treat the same in
confidence. The MCD will not divulge any such information unless it is ordered to do
so by a court or by any statutory, regulatory or Government authority or agency that
has the power to require its disclosure or is to enforce or assert any claim, right or
privilege of the MCD or defend any claim, action or proceedings against it.
2.24. Clarifications Sought by MCD
2.24.1. To assist in the process of evaluation of Proposals, the MCD may, at its sole
discretion, ask any Bidder for any clarification on or with respect to its Proposal. The
request for clarification and the response shall be communicated by Letter/Fax/Email.
The Bidder in such cases would need to provide the requested clarification /
documents promptly and within one (01) day or such timeframe as given by MCD, of
the request to the satisfaction of the MCD. It is in the interest of the bidder to provide
reply within the timeframe, failing which MCD will not accept the said information.
No change in the substance of the Proposal would be permitted by way of such
clarifications.
2.25. Cost of RFP Document
2.25.1. The RFP document package is priced at Indian Rupees (INR) 10,000 (Rupees Ten
Thousand only) payable in the form of a Demand Draft drawn in favour of Municipal
Corporation of Delhi, Delhi payable at Delhi. The Bidders who are downloading the
RFP Document from MCD/DIMTS Website shall deposit the said cost of the RFP
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Document (in the form of a Demand Draft only) alongwith the Bid. In the event of
failure to deposit the requisite cost by such Bidder, his Bid shall not be processed
further.
2.26. Consultant(s) or Advisor(s)
2.26.1. To assist in the examination, evaluation, and comparison of Proposals, the MCD may
utilise the services of consultant/s or advisor/s.
2.26.2. No entity including the Bidders can hold and the MCD shall not be bound by the
opinion or advice given by any Consultant or advisor referred to in Clause 2.26.1. The
final determination as regards the Proposal shall vest with the MCD.
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3. Criteria and Methodology for
Qualification and Evaluation
A. General
3.1. Qualification Parameters
3.1.1. The Bidder‟s competence and capability is proposed to be established by following
parameters:
(a) Experience and technical capability of Bidder necessary to execute the
Consultancy Assignment, evaluated in terms of the criteria outlined in the
Qualification requirements specified in Clause 3.2.
(b) Financial Capability of the Bidder, evaluated in terms of net worth and
turnover of the Bidder specified in Clause 3.3.
3.1.2. The Bidder would be required to meet the qualification criteria as detailed in Clause
3.2 and 3.3. A Bidder who meets the requisite qualification criteria will be qualified
and referred as “Shortlisted Bidder” and the Price Proposals of only such Shortlisted
Bidders shall be opened, upon due intimation to such Shortlisted Bidders by MCD.
3.2. Experience and Technical Capability Criteria
3.2.1. The Bidder (in case of a single business entity) or Lead Member (in case of
Consortium) shall meet the following Experience criteria of successfully completing
similar assignments during last five years ending last day of the month previous to the
one in which applications are invited and should be one of the following:
i. Three similar completed assignments costing not less than amount equal to
Rs 1.6 Crores each.
OR
ii. Two similar completed assignments costing not less than amount equal to
Rs 2.0 Crores each.
OR
iii. One similar completed assignments costing not less than amount equal to
Rs. 3.2 Crores.
Note: Similar assignment would cover Manpower audit and manpower study which
may include detailed analysis, manpower requirement and competency mapping of
SE
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various roles/jobs across hierarchies and defining the purpose of the job, job duties,
and responsibilities.
3.2.2. The bidder should have the experience of completing atleast one similar project with
similar scope of work for any Central Govt. agency/ State Govt./Local Self
Govt./Municipalities/Public Sector Undertaking having atleast 10,000 number of
employees at the time when the assignment was undertaken
OR
The experience of completing atleast one similar project with similar scope of work
for any Organization / Corporation with a annual turnover of not less Rs. 100 crores
during the period when the assignment was undertaken.
3.2.3. For technical evaluation, the experience of bidder in India will be considered.
3.2.4. The Bidder must submit details of experience and past performance of work of similar
nature within the past five years and details of current contracts in hand and other
commitments (suggested Performa given in Appendix 7).
3.2.5. The Bidder must submit other details - No. of Full Time Consultants
Working/Employed in the Firm (Appendix 13); Detail/Information of the Team and
the Task which would be Assigned to Each Member and the Team Leader
(Appendix 14); and Description of Approach, Methodology and Work Plan for
Performing the Assignment (Appendix 15). The same should be conform to the
requirement set forth in Part II – Terms of Reference and Scope of Services
3.2.6. Bidders shall invariably furnish copies of contracts, Client's certificate of the
satisfactory performance, copy of certificate of incorporation.
3.3. Financial Capability Criteria
3.3.1. The Bidder (in case of a single business entity) or lead member (in case of
Consortium) shall meet the following financial criteria:
(a) Minimum net worth (NW)1 of Rs. 01 (One) Crores as on March 31, 2010. (Ref.
Appendix 6).
(b) Minimum annual sales turnover of Rs. 05 (Five) Crores in each of the three (3)
preceding financial years, i.e. 2007-08, 2008-09 and 2009-10 (Ref. Appendix 6).
The Bidders should provide information regarding the above based on audited
annual accounts for the respective financial years. The financial year would be the
same as the one normally followed by the Bidder for its Annual Report. It should be
duly certified by the statutory auditor of the company.
1 Net Worth = (Subscribed and Paid-up equity + Reserves + Share Allotment Money Already Received +
Preference Shares (including Redeemable) + Convertible Debentures but excluding Warrants - (Revaluation
reserves + Miscellaneous expenditure not written off)
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3.3.2. The Proposal must be accompanied by the audited annual financial statements of the
Bidder (in case of Consortium, financials of Lead Member would be considered for
evaluating the financial capability) for the last three (3) financial years.
3.3.3. It is expected that bidder has audited financial statement for year 2009-10. In case the
annual accounts for the latest financial year are not audited and therefore the Bidder
could not make it available, the Bidder shall give an undertaking to that effect and the
statutory auditor shall certify the same. In such a case, the Bidder may provide the
unaudited Annual Accounts (with Schedules) for the latest financial year. In any case,
the Audited Annual Financial Statements for two years preceding the latest financial
year would have to be provided, failing which the Proposal will be rejected as non-
responsive.
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B. Evaluation Methodology
3.4. Opening of Proposal
3.4.1. MCD shall open the envelope labelled “Part I: Technical Submissions” on the
Proposal Due Date and time, or at an appropriate time on the extended date for
submission of Proposals as may be notified, at the venue specified below:
Venue: Delhi Integrated Multi-Modal Transit System Limited (DIMTS)
1st Floor Maharana Pratap ISBT Building,
Kashmere Gate,
Delhi – 110006
Tel. : +91-11-43090100, Fax: +91-11-23860966
3.4.2. The above envelope shall be opened in the presence of Bidders‟ representatives, who
choose to attend. Bidders‟ representatives attending the Proposal opening shall bring
an authorisation letter from the Bidder and register to evidence their presence.
3.4.3. The following information shall be announced at the Proposal opening and recorded:
a) Bidders‟ names; and
b) Particulars of the Bid Security.
3.4.4. MCD shall intimate Bidders in case of any change in the date or venue of opening of
“Part I” of the Proposal.
3.4.5. Any information contained in the Proposal shall not in anyway be construed as
binding on MCD, its agents, successors or assigns, but shall be binding against the
Bidder if the Consultancy Assignment is subsequently awarded to it under the
Bidding Process on the basis of such information.
3.4.6. At the time of bid submission, bid security amount is must. MCD will screen the bid
security at the time of opening of technical proposal.
3.4.7. Any bid not accompanied with valid bid security / EMD in the acceptable form will
be summarily rejected by MCD as being non-responsive as per Clause 2.15.
3.5. Test of Responsiveness
3.5.1. Bidders are expected to submit a complete proposal in all respect. The required
documents and details must be included. In the absence of the same, leading to
material deviation or reservation, the bid proposal is liable to be rejected.
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3.5.2. A material deviation or reservation is one
a) which affects in any substantial way, the scope, quality, or performance of the
Consultancy Assignment, or
b) which limits in any substantial way, inconsistent with the RFP Document,
MCD‟s rights or the Bidder‟s obligations under the Contract Agreement, or
c) which would affect unfairly the competitive position of other Bidders presenting
substantially responsive bids.
3.5.3. MCD reserves the right to reject any Proposal which in its opinion is non-responsive
and no request for modification or withdrawal shall be entertained by MCD in respect
of such Proposals.
3.6. Evaluation of Technical Submissions
3.6.1. As part of Qualification Phase, the Technical Submissions as submitted by the
Bidders in Part I, shall be checked for eligibility, technical capability, financial
capability, bid security and other such compliances with the requirements of the RFP
Document. The MCD reserves the right to reject the Proposal of a Bidder without
opening the Price Proposal, if Proposal is not substantially responsive in terms of
Clause 3.5.
3.6.2. Based on evaluation of Technical Submissions, MCD would release a list of Bidders
who meet the qualification criteria set out in this RFP Document for the Consultancy
Assignment.
3.6.3. A list of such aforesaid Bidders shall be prepared and such Bidders shall be informed
that their Proposal has been shortlisted for opening of the Price Proposal.
3.6.4. MCD shall intimate a date for opening of Price Proposals to all Shortlisted Bidders
and invite them for opening of the Price Proposals. Attendance to such opening of
Price Proposals is not mandatory. However, MCD shall not entertain any claim of
whatsoever nature in case a Bidder does not attend the meeting for opening of Price
Proposals of Shortlisted Bidders.
3.7. Evaluation of Price Proposal
3.7.1. In Phase II, the Price Proposals of all the Bidders who pass the Phase I evaluation will
be opened for the respective Consultancy Assignment in the presence of the Bidders‟
representatives who choose to attend. The Bidders‟ representatives who are present
shall be required to sign and record their attendance.
3.7.2. The Bidders should submit Price Proposal in the format set out in Appendix 10.
3.7.3. Proposal of the Bidders for each Consultancy Assignment would be evaluated based
on Lowest (L-1) quotes.
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3.7.4. The Bidder quoting the L-1 quotes for the Consultancy Assignment, i.e. the
Consultancy fee payable by the MCD to Bidder during the Contract period, shall be
declared as the Preferred Bidder for the Consultancy Assignment.
3.7.5. In the event that two or more Bidders quote the same L-1 quotes, MCD may:
i. invite fresh Proposals from such Bidders;
OR
ii. take any such measure as may be deemed fit in its sole discretion, including
annulment of the bidding process.
3.7.6. MCD may either choose to accept the Proposal of the Preferred Bidder or invite him
for negotiations.
3.7.7. Upon acceptance of the Proposal of the Preferred Bidder with or without negotiations,
MCD shall declare the Preferred Bidder as the Successful Bidder.
3.8. Notification
3.8.1. MCD will notify the Successful Bidder by facsimile and by a letter in the format set
out in Appendix 11 (“Draft Letter of Acceptance”) that its Proposal has been
accepted.
3.9. MCD’s Right to Accept or Reject Proposal
3.9.1. MCD reserves the right to accept or reject any or all of the Proposals without
assigning any reason and to take any measure as it may deem fit, including annulment
of the bidding process, at any time prior to award of Consultancy Assignment,
without liability or any obligation for such acceptance, rejection or annulment.
3.9.2. MCD reserves the right to invite revised Price Proposals from Bidders with or without
amendment of the RFP Document at any stage, without liability or any obligation for
such invitation and without assigning any reason.
3.9.3. MCD reserves the right to reject any Proposal if:
a) at any time, a material misrepresentation is made or uncovered;
b) the Bidder does not respond promptly and thoroughly to requests for
supplemental information required for the evaluation of the Proposal;
c) one or more of the pre-qualification conditions have not been met by the Bidder;
d) the Bidder has made a material misrepresentation or such material
misrepresentation is uncovered;
e) the Bidder engages in a corrupt, fraudulent, coercive, undesirable or restrictive
practice; or
3.9.4. If such disqualification / rejection occurs after the Price Proposals have been opened
and the lowest Bidder gets disqualified / rejected, then MCD reserves the right to:
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a) invite fresh Price Proposals from the Bidders;
OR
b) take any such measure as may be deemed fit in the sole discretion of MCD,
including annulment of the bidding process.
3.9.5. Proposals shall be deemed to be under consideration immediately after they are
opened until such time the MCD makes an official intimation of award/rejection to
the Bidders. While the Proposals are under consideration, Bidders and/or their
representatives or other interested parties are advised to refrain from contacting by
any means the MCD and/or their employees/representatives on matters relating to the
Proposals under consideration.
3.9.6. In case it is found after the issue of the LOA or signing of the Contract Agreement or
after its execution and during the subsistence thereof, including the Contract thereby
granted that :
a) one or more of the pre-qualification conditions have not been met by the Bidder;
b) the Bidder has made a material misrepresentation or such material
misrepresentation is uncovered;
c) the Bidder engages in a corrupt, fraudulent, coercive, undesirable or restrictive
practice; or
then the LOA or the Contract Agreement, as the case may be, shall notwithstanding
anything to the contrary contained therein or in this RFP Document, be liable to be
terminated by a communication in writing by the MCD to the Successful Bidder
without the MCD being liable in any manner whatsoever to the Successful Bidder or
Consultant, as the case may be. In such event, the MCD shall forfeit and appropriate
the Bid Security or Performance Security, as the case may be, as mutually agreed
genuine pre-estimated compensation and damages payable and effect of the MCD,
without prejudice to any other rights or remedy that may be available to the MCD.
3.10. Acknowledgment of Letter of Acceptance (LOA)
and Execution of Contract Agreement
3.10.1. On the basis of evaluation of Proposal, MCD shall issue a Letter of Acceptance
(LOA) to the Successful Bidder set out in Appendix 11. Within seven (7) days from
the date of issue of the LOA, the Successful Bidder shall accept the LOA and submit
to MCD the Acknowledgement Letter in the format set out in Appendix 12.
3.10.2. The Successful Bidder shall execute the Contract Agreement within fifteen (15) days
of the issue of LOA or such time as indicated by MCD.
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3.10.3. MCD will promptly notify other Bidders that their Proposals have been unsuccessful
and their Bid Security will be released as promptly as possible upon signing of the
Contract Agreement with the Successful Bidder.
3.11. Performance Security
3.11.1. The Successful Bidder shall furnish Performance Security, i.e. 10% of the quoted rate
(consultancy fee) valid for 90 days beyond contract period, by way of an irrevocable
Bank Guarantee issued by a Nationalised Bank in India in favour of “Commissioner,
Municipal Corporation of Delhi”, payable at New Delhi as required under the
Contract Agreement, within seven (7) days from the date of issue of LOA.
3.11.2. Failure of the Successful Bidder to comply with the requirements of Clause 3.10.2 or
Clause 3.11.1 shall constitute sufficient grounds for the annulment of the LOA, and
forfeiture of the Bid Security. In such an event, the MCD reserves the right to take
any such measure as may be deemed fit in the sole discretion of the MCD, including
annulment of the Bidding Process.
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Appendix 1: Schedule of Bidding Process
MCD would endeavour to adhere to the following schedule:
Sr.
No Activity Description Date
1 Date of Issue of Bid Invitation Notice (BIN) May 30, 2010
2 Date of Issue of RFP May 31, 2010
3 Pre-proposal meeting* June 04, 2010 at 11.30 Hrs.
4 Date of submission of final queries June 04, 2010 by17.00 Hrs.
5 Proposal Due Date June 22, 2010, upto 1500 hrs
6 Opening of Technical Submissions June 22, 2010, upto 1530 hrs
7 Opening of Price Proposals To be indicated separately
* Venue of the meeting:
Conference Hall, Office of Commissioner
Municipal Corporation of Delhi
Ambedkar Stadium, Near Delhi Gate,
New Delhi – 110001
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Appendix 2: Format for Covering Letter cum
Consultancy Assignment Undertaking
Date:______________
To
The Commissioner
Municipal Corporation of Delhi,
Head Office,
Delhi
Dear Sir,
Re: Proposal for Appointment of Consultant to Undertake the Work of Assessing
Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in
Municipal Corporation of Delhi
We have read and understood the Request for Proposal (RFP) Document in respect of the Consultancy
Assignment provided to us by MCD. We hereby submit our Proposal for the captioned Consultancy
Assignment.
1. We are enclosing and submitting herewith our Proposal in one (1) original and one (1) copy, with
the details as per the requirements of the RFP Document, for your evaluation and consideration.
2. The Proposal is unconditional.
3. All information provided in the Proposal and in the Appendices is true and correct.
4. I/ We shall make available to the MCD any additional information it may find necessary or
require to clarify, supplement or authenticate the Proposal.
5. I/ We acknowledge the right of the MCD to reject our Proposal without assigning any reason or
otherwise and hereby waive our right to challenge the same on any account whatsoever.
6. We certify that in the last three years, we/ any of the Consortium Members have neither failed to
perform on any contract, as evidenced by imposition of a penalty or a judicial pronouncement or
arbitration award, nor been expelled from any Consultancy Assignment or contract nor have had
any contract terminated for breach on our part.
7. I/ We declare that:
(a) I/ We have examined and have no reservations to the Bidding Documents, including the
Addendum issued by the MCD.
(b) I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as
defined in Clause 2.12.6 of the RFP Document, in respect of any tender or request for
proposal issued by or any agreement entered into with the MCD or any other public sector
enterprise or any government, Central or State; and
(c) I/ We hereby certify that I/we have taken steps to ensure that in conformity with the
provisions of Clauses 2.12.4 to 2.12.6 of the RFP Document, no person acting for us or on
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our behalf has engaged or will engage in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice.
8. I/ We understand that you may cancel the Bidding Process at any time and that you are neither
bound to accept any Proposal that you may receive nor to invite the Bidders to submit Proposals
for the Consultancy Assignment, without incurring any liability to the Bidders, in accordance with
Clause 2.11.2 of the RFP Document.
9. I/We declare that we satisfy and meet the requirements as specified in the RFP Document and
eligible to submit a Proposal in accordance with the terms of this RFP Document.
10. I/ We declare that we/ any Member of the Consortium, are/ is not a Member of any [other]
Consortium submitting a Proposal for the Consultancy Assignment.
11. I/ We certify that we have not been convicted by a Court of Law or indicted or adverse orders
passed by a regulatory authority in any matter which could cast a doubt on our ability to
undertake the Consultancy Assignment or which relates to a grave offence that outrages the moral
sense of the community.
12. I/ We further certify that in regard to matters relating to security and integrity of the India, we
have not been charge-sheeted by any agency of the Government or convicted by a Court of Law
for any offence committed by us.
13. I/ We certify that no investigation by a regulatory authority is pending either against us or against
our CEO or any of our Directors or any shareholder holding not less 10% of our issued and
subscribe equity share capital.
14. I/ We undertake that in case due to any change in facts or circumstances during the Bidding
Process, we are attracted by the provisions of disqualification, we shall intimate the MCD of the
same immediately.
15. We acknowledge and agree that in the event of a change in composition of our Consortium during
the Bidding Process, the same shall be a basis for disqualification of our Consortium by the MCD
forthwith.
16. I/We hereby irrevocably waive any right which we may have at any stage at law or howsoever
otherwise arising or accruing to challenge or question any decision taken by the MCD in
connection with the selection of the Bidder, or in connection with the Bidding Process itself, in
respect of the above mentioned Consultancy Assignment and the terms and implementation
thereof.
17. In the event of my/ our being declared as the Successful Bidder, I/We agree to enter into a
Contract Agreement in accordance with the draft that has been provided to me/us prior to the
Proposal Due Date. We agree not to seek any changes in the aforesaid draft and agree to abide by
the same.
18. I/We have studied all the Bidding Documents carefully and also surveyed the (Consultancy
Assignment and other matters mentioned in the Bidding Documents including in Clause 2.12.2
and 2.17.2 of the RFP Document). We understand that except to the extent as expressly set forth
in the Contract Agreement, we shall have no claim, right or title arising out of any documents or
information provided to us by the MCD or in respect of any matter arising out of or concerning or
relating to the Bidding Process including the award of Contract.
19. The Contract Fee has been quoted by me/us after taking into consideration all the terms and
conditions stated in the RFP Document, draft Contract Agreement, our own estimates of costs and
after a careful assessment of the Consultancy Assignment and all the conditions that may affect
the Proposal.
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20. I/We confirm our having submitted the Bid Security of Rs. 25,00,000 (Rupees Twenty Five Lakhs
only) to the MCD in accordance with the RFP Document. The Bid Security in the form of a
Demand Draft/ Bank Guarantee (strike out whichever is not applicable) is attached.
21. I/We agree and understand that the Proposal is subject to the provisions of the Bidding
Documents. In no case, I/We shall have any claim or right of whatsoever nature if the
Consultancy Assignment / Contract is not awarded to me/us or our Proposal is not opened.
22. I/We agree and undertake to abide by all the terms and conditions of the RFP Document.
23. I/We agree to keep and confirm that our Proposal is valid upto ________ (120 days from Proposal
Due Date).
Dated this ……………………..Day of …………………., 2010.
Name of the Bidder …………………………………………….
Signature of the Authorised Person …………………………………………….
Name of the Authorised Person
Note: On the Letterhead of the Bidder or Lead Member of Consortium.
To be signed by the lead member, in case of a Consortium.
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Appendix 3: Format for Power of Attorney for
Signing of Proposal
(On Non – judicial stamp paper of Rs 100/- or such equivalent
document duly attested by notary public)
Power of Attorney
Know all men by these presents, we …………………………………………… (name and
address of the registered office) do hereby constitute, appoint and authorise Mr. /
Ms.…………………… ………… (name and residential address) who is presently employed
with us and holding the position of ………………………………………. as our attorney, to
do in our name and on our behalf, all such acts, deeds and things necessary in connection
with or incidental to our bid for the Consultancy Assignment envisaging Appointment of
Consultant to Undertake the Work of Assessing Manpower Requirement for Group „C‟
and „D‟ Categories of Employees in Municipal Corporation of Delhi , including signing
and submission of all documents and providing information / responses to Municipal
Corporation of Delhi (“MCD”), representing us in all matters before MCD, and generally
dealing with MCD in all matters in connection with our bid for the said Consultancy
Assignment.
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney
pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid
attorney shall and shall always be deemed to have been done by us.
For
___________________________
(Signature)
(Name, Title and Address)
Accepted
………….. (Signature)
(Name, Title and Address of the Attorney)
Note:
To be executed by the Lead Member in case of a Consortium.
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.
In case the Proposal is signed by an authorised Director of the Bidder, a certified copy of
the appropriate resolution/ document conveying such authority may be enclosed in lieu of
the Power of Attorney.
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Appendix 4: Format for Power of Attorney for Lead
Member of Consortium
(On Non – judicial stamp paper of Rs 100/- or such equivalent document duly attested by notary
public)
Power of Attorney (To be executed by all the members of the Consortium)
Whereas the Municipal Corporation of Delhi (“MCD”) has invited proposals from interested parties
for Appointment of Consultant to Undertake the Work of Assessing Manpower Requirement
for Group „C‟ and „D‟ Categories of Employees in Municipal Corporation of Delhi , (the
“Consultancy Assignment”),
Whereas, the members of the Consortium are interested in bidding for the Consultancy Assignment
and implementing the Consultancy Assignment in accordance with the terms and conditions of the
Request for Proposal (RFP) Document and other connected documents in respect of the Consultancy
Assignment, and
Whereas, it is necessary under the RFP Document for the members of the Consortium to designate the
Lead Member with all necessary power and authority to do for and on behalf of the Consortium, all
acts, deeds and things as may be necessary in connection with the Consortium‟s bid for the
Consultancy Assignment who, acting jointly, would have all necessary power and authority to do all
acts, deeds and things on behalf of the Consortium, as may be necessary in connection the
Consortium‟s bid for the Consultancy Assignment.
NOW THIS POWER OF ATTORNEY WITNESSETH THAT;
We, M/s. ……………… (Lead Member), and M/s ……………… (the respective names and
addresses of the registered office) do hereby designate M/s. ………………………………… being
one of the members of the Consortium, as the Lead Member of the Consortium, to do on behalf of the
Consortium, all or any of the acts, deeds or things necessary or incidental to the Consortium‟s bid for
the Consultancy Assignment, including submission of Proposal, participating in conferences,
responding to queries, submission of information/ documents and generally to represent the
Consortium in all its dealings with MCD, any other Government Agency or any person, in connection
with the Consultancy Assignment until culmination of the process of bidding and thereafter till the
Contract Agreement is entered into with MCD.
We hereby agree to ratify all acts, deeds and things lawfully done by Lead Member, our said attorney
pursuant to this Power of Attorney and that all acts deeds and things done by our aforesaid attorney
shall and shall always be deemed to have been done by us/Consortium.
Dated this the ……Day of …….2010
…………………………………
(Executants)
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Note: 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.
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Appendix 5: Format for Details of Bidder
1. (a) Name
(b) Country of incorporation/registration2
(c) Address of the registered office, corporate headquarters, and its branch office/s, if any, in
India
(d) Date of incorporation and/or commencement of business.
2. Brief description of the Bidder including details of its main lines of business and proposed
role and responsibilities in this Consultancy Assignment(s).
3. Details of individual/s who will serve as the point of contact / communication with MCD:
(a) Name :
(b) Designation :
(c) Company :
(d) Address :
(e) Telephone Number :
(f) E-Mail Address :
(g) Fax Number :
(h) Mobile Number :
4. Name, Designation, Address and Phone Numbers of Authorised Signatory of the Bidder :
(a) Name :
(b) Designation :
(c) Company :
(d) Address :
(e) Telephone Number :
(f) E-Mail Address :
(g) Fax Number :
(h) Mobile Number :
5. In case of a Consortium:
(a) the information above (1-4) should be provided for all the members of the consortium.
(b) information regarding role of each member should be provided as per table below:
Sr. No. Name of Member Role (Specify Lead Member/ Other Member)
1.
2.
3.
2 Documentary proof of registration.
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Appendix 6: Format for Financial Capability# of the
Bidder
(Rs. in Lakhs)
Bidder* Net Worth Annual Turnover
Year 1
(As on -------)
Year 1
(From ---- to ----)
Year 2
(From ---- to -----)
Year 3
(From ---- to -----)
Sole Bidder
OR
Lead Member of
Consortium
Other member 1
Other member 2
Total
# The Bidder should provide the Financial Capability based on its own financial statements.
Financial Capability of the Bidder's parent company or its subsidiary or any associate
company will be considered for computation of the Financial Capability of the Bidder
where the Bidder holds at least 51% of the common equity of subsidiary company as on
March 31, 2010 or Parent Company (i.e. the Parent Company should hold atleast 51% of
the common equity of the Bidder as on March 31, 2010).
* In case the Bidder is a Consortium, Lead Member must satisfy the conditions with regard
to Financial Capability as stated Clause 3.3.
General Instructions:
1. Net Worth = (Subscribed and Paid-up equity + Reserves + Share Allotment Money
Already Received + Preference Shares (including Redeemable) + Convertible
Debentures but excluding Warrants - (Revaluation reserves + Miscellaneous
expenditure not written off)
2. The financial year would be the same as followed by the Bidder for its annual report.
Say, Year 1 is the financial year 2009-10, then Year 2 shall be the year immediately
preceding Year 1 and so on.
3. The Bidder shall provide complete set of the audited annual financial statements
complete with schedules, notes to accounts, auditor‟s report. Failure to do so would
be considered as a non-responsive Proposal.
4. The Bidder should clearly indicate the calculations and references in the financial
statements in arriving at the above numbers in an attached worksheet.
5. Financial statements comprising balance sheet complete with all schedules, profit
and loss statement (income statement) complete with all schedules, notes to
accounts, cash flow statement, and auditor‟s report shall be submitted to support
the financial capability statement. Only audited financial statement shall be
submitted and used for the purpose of evaluation.
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Appendix 7: Assignments Carried out by the Firm
with the Similar Scope of Work
(For a period of last five years)
1 Brief Description of the Organization:
2 Outline of experience on assignments with the similar scope of work :
S. No. Name of
Assignment Client
Date of
Commencement
Date of
Completion
Scope in
brief
Value of work
/assignment
(in Rs.)
1
2
3
3 Assignments Carried out by the Firm with the Similar Scope of Work in Public Sector
Organization/Govt. Organization / Autonomous Bodies / State or central Undertaking
S.
No.
Name of
Assignment Client
Date of
Commencement
Date of
Completion
Scope in
brief
Turnover of
the company /
Number of
Employees
1
2
Dated this ……………………Day of …………………, 2010
……………………………………………Name of the Bidder
……………………………………………Signature of the Authorised Person
……………………………………………Name of the Authorised Person
1. Please attach documentary proof including copy of the order from client, work completion
certificate and supporting documents as per Clause 3.2.2 of ITB at the first instance failing which
the bidder runs the risk of rejection.
2. Assignments allotted to and executed by the bidding firm on independent basis only will be
considered. The assignments performed in collaboration, joint venture, sub consultant or as an
affiliate of the other company will not be considered.
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Appendix 8: Format for Affidavit Certifying that
Entity / Directors of Entity are not Blacklisted
(On a Stamp Paper of relevant value)
Affidavit
I M/s. ……………… (Sole Bidder / Lead Member/ Other Member /s)), (the names and
addresses of the registered office) hereby certify and confirm that we or any of our
promoter/s / director/s are not barred by MCD or GNCTD or blacklisted by any state
government or central government / department / agency in India from participating in
Consultancy Assignment/s, either individually or as member of a Consortium as on the April
01, 2010.
We further confirm that we are aware that as per Clause 2.12, our Proposal for the captioned
Consultancy Assignment would be liable for rejection in case any material misrepresentation
is made or discovered with regard to the requirements of the RFP Document at any stage of
the Bidding Process or thereafter during the Contract Agreement period.
Dated this ……………………..Day of …………………., 2010.
Name of the Bidder
…………………………………………….
Signature of the Authorised Person
…………………………………………….
Name of the Authorised Person
Note:
To be executed separately by all the Members in case of Consortium
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Appendix 9: Format of Bid Security
(ON BANK‟S LETTERHEAD WITH ADHESIVE STAMP)
To
The Commissioner
Municipal Corporation of Delhi,
Head Office,
Delhi
Bid No. _______ Date of Opening ______
KNOW ALL MEN by these present that we ____________________of
____________________ (Name and address of Bank) having our registered office at
_________________(hereinafter called “the bank”) are bound unto the Commissioner,
Municipal Corporation of Delhi (hereinafter called “the Corporation”) in the sum of Rs.
_____________ (Rupees _____________ only) for which payment truly to be made to the
said Owner, the Bank hereby binds itself, its successors and assigns by these present.
Whereas........................... (NAME OF BIDDER) has submitted its bid dated......................
(date of submission of bid) for the selection of Consultant Undertake the Work of Assessing
Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in Municipal
Corporation of Delhi in terms of the Corporation‟s RFP No. DIMTS/MCD/2010/01 Due on --
----------------- issued by the Commissioner of Municipal Corporation of Delhi, (hereinafter
called “the Bid”).
AND WHEREAS the Bidder is required to furnish a Bank Guarantee for the sum of
Rs. 25,00,000 (Rs. Twenty Five Lakhs only).
AND WHEREAS__________________(Name of Bank) have, at the request of the Bidder,
agreed to give this guarantee as hereinafter contained without demur.
1. We further agree as follows:
(a) That the Owner may without affecting this guarantee grant time of or other
indulgence to or negotiate further with the Bidder in regard to the conditions
contained in the said bid and thereby modify these conditions or add thereto any
further conditions as may be mutually agreed upon between the Owner and the
Bidder.
(b) That the guarantee hereinbefore contained shall not be affected by any change in the
constitution of our Bank or in the constitution of the Bidder.
(c) That any account settled between the Owner and the Bidder shall be conclusive
evidence against us of the amount due hereunder and shall not be questioned by us.
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(d) That this guarantee commences from the date hereof and shall remain in force till:
(i) the Bidder, in case his bid is accepted by the Owner, executes a Contract
Agreement after furnishing the Performance Guarantee as per the provisions of
the “Instructions to Bidders”, section of the RFP; or
(ii) 165 (One hundred sixty five) days from the proposal submission due date.
(e) That the expression „the Bidder‟ and „the Bank‟ herein used shall, unless such an
interpretation is repugnant to the subject or context, include their respective successor
and assigns.
2. The Conditions on this obligation are:
(a) if the Bidder withdraws his Bid during the period of Bid validity specified in the RFP,
or
(b) if the Bidder does not accept the correction/s of his bid price in terms of the
Instructions to Bidders.
(c) If the Bidder having been notified of the acceptance of his Bid by the Owner during
the period of Bid validity:
I. fails or refuses to furnish the Performance Security in accordance with
Instructions to Bidders and/or
II. fails or refuses to enter into a Contract Agreement within the time limit
specified in the Instructions to Bidders.
We undertake to immediately pay to the Owner in DELHI the above amount upon receipt of
his first written demand, without the Owner having to substantiate his demand provided that
in his demand the Owner will note that the amount claimed by him is due to him owning to
the occurrence of any one or more of the conditions (a), (b) & (c) mentioned above,
specifying the occurred condition or conditions.
SIGNATURE OF _______________
AUTHORISED OFFICIAL OF THE BANK
SIGNATURE OF THE WITNESS NAME OF OFFICIAL______________________
________________________, DESIGNATION__________________________
NAME OF THE WITNESS
________________________,
ADDRESS OF THE WITNESS STAMP/SEAL OF THE BANK
________________________
Municipal Corporation of
Delhi
RFP for the Appointment of Consultant to Undertake the Work of Assessing
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Appendix 10: Contents and Format of Price
Proposal
Date: __________
To
The Commissioner
Municipal Corporation of Delhi,
Head Office,
Delhi
Dear Sir,
I/We _________________________________consultant/consultancy firm herewith enclose
Financial Bid for selection of my/our firm as Financial Proposal for selection of our firm as
Consultant to Undertake the Work of Assessing Manpower Requirement for Group „C‟ and
„D‟ Categories of Employees in Municipal Corporation of Delhi.
The lump sum charges/ price inclusive of tours, travel, out of pocket, accommodation and all
related expenses for carrying out the entire scope of services is Rs. __________ IN
FIGURES (Rupees IN WORDS ________________________________).
Service Tax and educational cess as applicable on the date(s) of payment(s) shall be paid over
and above the price by MCD. Present rate of service tax & educational cess is 10.3% and this
amount works out to Rs. ____________ on the above quoted prices.
The total quoted prices inclusive of service tax and educational cess is Rs…...……………..in
figures (in words………………………….........................).
Signature of Bidder (With Stamp of the Bidder)
Name: _______________________________
Business Address: ______________________
_____________________________________
Place: _____________
Date: _____________
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Appendix 10A: Summary of Price Proposal
S.
No. Break up of Financial Cost
Currency
(In Rs.)
Amount
In Figure In Words
1. Remuneration for Basic Services
1A Team Leader (Man Months X Rate)
1B Team Members 1 (Man Months X Rate)
1C .......
2. Out of Pocket Expenses
3. Computer Software Cost
4. Miscellaneous Expenses
5. Sub Total
6. Service Tax or any other Tax
Total (in Figure)
(in Words)
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Appendix 11: Format for Draft Letter of Acceptance
(To be issued by MCD)
Date :
To
Authorised Signatory of the Successful Bidder
Dear Mr. _____ ________,
Subject: Letter of Acceptance for Appointment of Consultant to Undertake the Work
of Assessing Manpower Requirement for Group „C‟ and „D‟ Categories of
Employees in Municipal Corporation of Delhi
1. This is in reference to the Proposal submitted by _____________ {Name of Successful
Bidder} (“SB”) by the Proposal Due Date (_____) in response to the Request for Proposal
(“RFP”) Document (along with the amendments made thereafter) released by Municipal
Corporation of Delhi (“MCD”) on __________ {date of release of RFP Document}.
2. The aforesaid Proposal was considered and evaluated by the bid evaluation committee
constituted by MCD for this purpose.
3. Further, subsequent discussions were held with you on __________, and the summary of
such discussions is set out in the enclosed Enclosure/s. {To be inserted where such
discussions have been held}
4. MCD, is now pleased to inform that SB has been selected as the Successful Bidder to
Undertake the Work of Assessing Manpower Requirement for Group „C‟ and „D‟
Categories of Employees in Municipal Corporation of Delhi.
5. This letter is intended to convey MCD‟s acceptance -, subject to the terms & conditions
specified in the RFP Document and conditions set out in the Contract Agreement to be
executed within one (1) week from the date of this letter - of the Proposal submitted by
SB, wherein SB has quoted L-1 rates of Consultancy Fee.
6. As a token of your acknowledgment of this letter, you are hereby requested to return a
copy of the same to us, duly signed by the authorized signatory, within Seven (7) days
from the date of this letter.
7. Further, you are also requested to comply, within fifteen (15) days from the date of this
letter by Acknowledgement of this Letter of Acceptance, with the conditions set out
below:
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(a) Execution of the Contract Agreement;
(b) Furnish a Performance Security from a nationalized Bank or a Scheduled
Bank authorized to handle transactions of Government of India in India in the
sum of Rs..................... (Rupee ...................................... only), in terms of the
draft Contract Agreement;
Kindly note that this communication by itself does not create any rights or contractual
relationship with MCD. Any such right or relationship shall come into effect upon complying
with conditions set out in Para 7 and the execution of Contract Agreement.
Yours truly,
Commissioner
Municipal Corporation of Delhi,
Head Office,
Delhi
Municipal Corporation of
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RFP for the Appointment of Consultant to Undertake the Work of Assessing
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Appendix 12: Format of Acknowledgement Letter of
Acceptance (To be issued submitted by Successful
Bidder to MCD)
Date: (Within three (3) days of date of LOA)
To
The Commissioner
Municipal Corporation of Delhi,
Head Office,
Delhi
Subject: Acknowledgement of Letter of Acceptance – Appointment of Consultant to
Undertake the Work of Assessing Manpower Requirement for Group „C‟ and
„D‟ Categories of Employees in Municipal Corporation of Delhi
We are pleased to acknowledge the Letter of Acceptance issued by MCD vide their letter Ref.
Dated...................... for Appointment of Consultant to Undertake the Work of Assessing
Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in Municipal
Corporation of Delhi.
We have reviewed the aforesaid Letter of Acceptance and are enclosing herewith a copy of
the Letter of Acceptance duly acknowledged in acceptance of the conditions and undertake to
comply with the following within one (1) week of the date of the LOA:
1. Execute the Contract Agreement
2. Furnish a Performance Security of the amount of Rs………………….. as per the
terms of the Contract Agreement
…………………………………………….
Name of Successful Bidder/Lead Member
…………………………………………….
Signature of the Authorised Person
…………………………………………….
Name of the Authorised Person
Note:
On the Letterhead of the Bidder or Lead Member of Consortium.
To be signed by the Lead Member, in case of a Consortium.
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Appendix 13: Total No. of Full Time Consultants
Working/Employed in the Firm
S. No. Name Qualification Position held Area of
Expertise
No. of years
with the
firm
1
2
3
4
5
7
8
9
Note: (Consultants for this purpose mean adequately qualified in the relevant fields like MBA (HR)/Indl.
Engg. etc.)
Authorised Signature: _________________________
Full Name: _________________________
Date: _________________________
Municipal Corporation of
Delhi
RFP for the Appointment of Consultant to Undertake the Work of Assessing
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Appendix 14: Detail/Information of the Team and
the Task which would be Assigned to Each Member
and the Team Leader TASK TEAM
The following members (minimum two members) and Team Leader have been identified and assigned for the Assignment:
Authorised Signature: _________________________
Full Name: _________________________
Date: _________________________
S. No.
Name Position held in the bidder entity
Area of expertise identified
No. of years of experience
1. 2 3 4. 5.
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CURRICULUM VITAE FOR EACH MEMBER OF TASK TEAM
1. Name: __________________________________________________________
2. Present Designation: _______________________________________________
3. Area of Expertise: ___________________
4. Total years of experience: -----------years
5. Years with organisation: _____________________
6. Proposed Expertise/Position in the Team: ____________________
7. Educational Qualification:
8. Experience (since graduation):
A. Brief outline of total experience (minimum seven years for team leader &five years for team
members) in area of HR consultancy:
S. No. Name of
Assignment Client
Date of
Commencement
Date of
Completion
Position
held
Scope in
brief
In Existing Firm from _______ till date ______
1
2
3 For previous firms from _________ to _______
1
2
3
B. Brief outline of the experience of the team members in assignments involving similar scope of
work.
S. No. Name of
Assignment Client
Date of
Commencement
Date of
Completion
Position
held
Scope in
brief
In Existing Firm from _______ till date ______
1
2
3 For previous firms from _________ to _______
1
2
3
S. No. Degree/Diploma College/ University Specialization Percentage
1.
2
3
4.
5.
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Note: Staff member may provide client references, where appropriate.
9. Language:
Signature of Member__________________
Certification:
I, the undersigned, certify that the above is correct to the best of my knowledge and belief.
Authorised Signature: _________________________
Full Name: _________________________
Date: _________________________
S.
No. Language Excellent Good Poor
1.
2
3
4.
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Appendix 15: Description of Approach,
Methodology and Work Plan for Performing the
Assignment
1 Technical Approach and Methodology
In this chapter the bidder shall explain his understanding of the objectives of the
assignment, approach to the services and methodology for carrying out the scope of
services.
2 Work Plan
In this chapter the bidder may explain the main activities of the assignment, their content
and duration etc.
3 Organisation and Staffing
In this chapter the bidder may propose the structure and composition of team to carry out
the assignment.
4 Manning Schedule
In this chapter, the bidder will provide the manning schedule of all the team members
including team leader.
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Appendix 16: Checklist
(A) The following Check List is intended to help the Bidders in submitting Bid which are
complete. Incomplete Bid is liable to be rejected. Bidders are advised to go through the
list carefully and submit Bids complete in all respect.
(B) Bidders are also required to submit the Check List, duly marked, along with their Bid.
Sr. No. Article No. Description Remarks
Instruction to Bidders ( Outer Envelope)
1 2.19.2
The RFP Document downloaded from website (should
accompany with Demand Draft of Rs 10,000/- as
document package charges)
Yes/No
2 2.19.1 Bid Documents and amendments/clarifications are
submitted duly signed on all pages Yes/No
Bid Security (Envelop A1)
3 2.15 /
Appendix 9
Bid Security for Rs. 25 Lakhs is submitted in required
format Yes/No
Request for qualification (Envelope A2)
4 Appendix 2 Letter of Application Yes/No
5 Appendix 3 /
4 Power of Attorney for Signing of the Proposal Yes/No
6 Appendix 5 Company Detail Yes/No
7 3.3.1 Annual Turnover – Statement duly certified with audited
annual reports of last 3 years Yes/No
8 3.3.1. Net Worth - Statement duly certified Yes/No
9 Appendix 6 Audited Annual Reports for all members for last 3
years Yes/No
10 Appendix 7 Experience information – Supply, Manufacturing etc. Yes/No
11 Appendix 8 Affidavit Certifying that Business Entity / Promoter(s) /
Director/s of Business Entity are not Blacklisted Yes/No
Sr. No. Article No. Description Remarks
12 Appendix
13
Total No. of Full Time Consultants Working/Employed in
the Firm Yes/No
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13 Appendix
14
Detail/Information of the Team and the Task which would
be Assigned to Each Member and the Team Leader Yes/No
14 Appendix
15
Description of Approach, Methodology and Work Plan for
Performing the Assignment Yes/No
15 3.2.3 Article of Association and Memorandum, Details
of registrations etc Yes/No
16 3.2.3 Client's certificate of the Satisfactory Performance Yes/No
17 3.2.3 Certificate for Production Capacity Yes/No
Financial Proposal (Envelope B)
18 Appendix
10 Price Proposal Yes/No
19 Appendix
10A Breakup of Price Proposal Yes/No
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Part II – Terms of Reference
and Scope of Services
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1. Background
MCD is one of the largest Corporations in India and was formed in April 1958 under
an Act of Parliament. The Corporation is governed by the Delhi Municipal Corporation
Act, 1957. It provides civic services to more than estimated population of 15 million
citizens in the capital city and covers an area of 1,397.3 km². It has approximately
1,20,000 employees on its role, of which approximately 1,00,000 are in Group „C‟
and „D‟.
The civic services and amenities are provided by MCD through number of
departments including Engineering, Environment Management Services, Health,
Education, Community Services, Licensing, Veterinary Services, Horticulture, Land
& Estate, Labour Welfare, Legal & Finance etc.
The entire MCD area is divided in to 12 administrative zones – City, Central, South,
Karol Bagh, Sadar Paharganj, West, Civil Lines, Shahdara South, Shahdara North,
Rohini and Narela.
More details about MCD is available at the website: www.mcdonline.gov.in.
2. Scope of Services The scope of the assignment has been outlined as under:
2.1 To assess and recommend the desired number of Group „C‟ & „D‟ Category of
employees for various Departments of MCD, based on work measurement, functional
requirement and work load assessment to enable the increase in work efficiency,
improvement of work quality and optimum utilization of resources at head Office,
Zonal Offices and departments.
3. Indicative List of Post in Category
‘C’ and ‘D’ The indicative list of post (not exhaustive) covered under Category „C‟ and „D‟ is as
follows:
Lower Division Clerk (LDC)
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Upper Division Clerk (UDC)
Data Entry Operator
Steno Typist
Driver
Cattle Catcher
Rickshaw Catcher
Peon
Assistant Sanitary Inspector
Sanitary Guide
Safai Karmachari
Sewer man
Assistant Pump Driver
Fitter
Mechanic
Helper
Chawkidar
Watchman
Library Attendant
Library Assistant
Library Clerk
MDM Attendant
Cleaner
Attendance Helper
O.T. Assistant
O.T. Technician
Ward Boy
Compounder
Municipal Corporation of
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Lab Technician
Assistant Lab Technician
Sweeper
Receptionist
Pharmacist
ECG Technician
Lab Assistant
Ayas
Mortuary Attendant
Warden
Dresser
Dental Hygnst
Lift Operator
Registration Clerk
Statistical Clerk
Medical Record Clerk
Surveyor
Draftman
Patwari
Despatch Rider
Machine Operator
Naib Tahshildar
Carpenter
Mason
Mali (Gardener)
Waterman
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4. Reporting Schedules
The Consultant shall submit ten (10) hard copies plus one electronic copy of each
report in accordance with the schedules given in the draft Contract Agreement:
4.1. Inception Report
The inception report shall be submitted to MCD and shall include;
A review by the Consultant of the objectives and scope of services.
Detailed work plan and manning schedules for the services
Consultation strategy
Schedule of reports and expected contents
The consultant will describe the methodology being employed in conducting the
assignment; identify any modifications to the proposed approach resulting from
information gathered in the initial week. The Consultant shall also make a
presentation of MCD on the inception report
4.2. Interim Report
The Consultant shall prepare Interim Report addressing issues in the scope of
services, in consistent with the TOR. This will be based on primary study of work
measurement and functional need in the field of Category „C‟ and „D‟ employees of
the Corporation in various departments, so as to increase efficiency and quality of
output and to optimally utilize the resources.
4.3. Draft Final Report
This will be the pre-ultimate report by the Consultant and will include assessment and
recommendation of the desired strength of Category „C‟ and „D‟ employees (manning
norms/ manpower numbers) in the Corporation in various departments, based on work
measurement and functional need so as to increase efficiency and quality of output
and to optimally utilize the resources. It will also include the Job Description of „C‟
and „D‟ Category employees at head Office, Zonal Offices/ departments
5. Inputs Required for the Services
5.1. Staff Input and Duration of Services
The following key professional staff will be required for the services and will be
Municipal Corporation of
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assessed as part of the Technical Evaluation:
Team Leader
Other Key Members/ Expert
5.2. Qualification & experience of key staff
5.2.1. Team Leader
The team Leader is expected to be a professional with a postgraduate degree and
minimum of seven (07) year‟s experience in project management and human resource
development, manpower audit and manpower study relevant to the current
assignment.
5.2.2. Other Key Members/Expert
Other key members/experts (minimum 2 numbers) are expected to have a professional
degree with a minimum of five (05) year‟s experience on manpower audit and
manpower study which may include detailed analysis, manpower requirement and
competency mapping of various roles/jobs across hierarchies and defining the purpose
of the job, job duties, and responsibilities.
5.2.3. Logistics for the Services
The Consultant shall provide all logistics required for the implementation of the
services, including those related to the consultation plan. The cost to such logistics
and administrative cost shall be included in the financial proposals.
6. Duration of Contract As defined in the Article 3 of Part II – Draft Contract Agreement of RFP document.
Municipal Corporation of
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Part III - Draft Contract
Agreement
between
MUNICIPAL CORPORATION OF DELHI
&
---------------------------------------------------------------
(CONSULTANT)
TO
UNDERTAKE THE WORK OF ASSESSING MANPOWER
REQUIREMENT FOR GROUP „C‟ AND „D‟ CATEGORIES OF
EMPLOYEES IN MUNICIPAL CORPORATION OF DELHI
Municipal Corporation of
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This Contract Agreement is entered into on the ____________ day of ___________(Month),
Two Thousand and Ten,
BETWEEN
Municipal Corporation of Delhi a statutory body constituted under the provisions of
________________________, having its office at ___________________________, acting
through its __________________________, (hereinafter referred to as the “Corporation”,
which expression shall, unless repugnant to the context, include its successors and assigns) on
the one part.
AND
__________________________________________a company incorporated under the
Companies Act, 1956 with its registered office at
_______________________________________________, registered office at
__________________________________________ (hereinafter referred to as “The
Consultant” which expression shall, unless contrary to the context or meaning thereof, mean
and include its successors-in-interest and permitted assigns) acting through its authorized
signatory _________________________________ of the Other Part.
WHEREAS
A. MCD desire to Undertake the Work of Assessing Manpower Requirement for Group
„C‟ and „D‟ Categories of Employees at head Office, Zonal Offices and departments in
a scientific way to meet the needs of the corporation based on work measurement and
functional needs so as to increase efficiency and quality of output and to optimally
utilize the resources.
B. MCD had invited bids vide its Request for Proposal (RFP) Number:
________________, inter alia, for appointment of Consultant to Undertake the Work of
Assessing Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in
Municipal Corporation of Delhi ( “The Consultancy Assignment”);
C. After evaluating bids received in response to the aforesaid bidding process, MCD has
accepted the bid submitted by M/s ______________________ (the “Consultant”),
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[with ____________________ as its lead member (“Lead Member”), in case of
Consortium] for undertaking, inter alia, the work for and in relation to the Consultancy
Assignment;
D. Accordingly, MCD issued a Letter of Acceptance No. __________ dated _________ to
the Consultant requiring, inter alia, the execution of this Contract Agreement and
submission of Performance Guarantee for the performance of its obligations under this
Contract Agreement;
E. Pursuant thereto, the Consultant has submitted Performance Guarantee of Rs.
______________/- (Rupees _________________ only) by way of
______________(BG Number __________________ issued by
________________________ dated _____________) to enter into this Contract
Agreement for the assessment of manpower requirement for Group „C‟ and „D‟
categories of employees in Municipal Corporation of Delhi and has requested MCD to
accept the Consultant as the entity which shall undertake and fulfill and perform the
obligations and exercise the rights of the Contract under the Letter of Acceptance,
including the obligation to enter into this Contract Agreement for the Consultancy
Assignment.
F. The Parties have now agreed to enter into this Contract Agreement to record their entire
understanding with regard to the subject matter hereof, subject to and on the terms and
conditions set forth hereinafter.
NOW, THEREFORE, the Parties hereby agree as follows:
Article 1 - Definitions
1.1 Definitions: In this Contract Agreement, the following words and expressions shall,
unless repugnant to the context or meaning thereof, have the meaning hereinafter
respectively ascribed to them hereunder:
“Agreement Date” shall mean the date of signing this Contract Agreement by both
the Parties.
“Applicable Laws” mean all laws, promulgated or brought into force and effect by
the Government of India and/or Government of Delhi including regulations and rules,
notifications made there under, and any judgments, decrees, injunctions, writs and
orders of any court of record, as may be in force and effect during the subsistence of
this Contract Agreement.
“Arbitration Act” means the Arbitration and Conciliation Act, 1996 and shall
include any and all modifications / amendments thereto or any re-enactment thereof as
in force from time to time.
“Contract Agreement” means this agreement including the Schedule 1-5 hereto and
any amendments made thereto in accordance with the provisions contained in this
agreement.
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“Consultancy Fee” is the amount payable by MCD to the Consultant for discharging
its duties under this Contract Agreement as set forth in Clause 0.
“Consultant” means [M/s __________________,] or [Consortium3] or being the
Successful Bidder, with whom MCD has entered into this Contract Agreement.
“Category „C‟ and “D‟ Employees” means and include „C‟ and „D‟ categories of
employees as defined in the Delhi Municipal Corporation Act, 1957 and the rules etc.
from thereafter.
“Consortium”4 shall mean the consortium consisting of (a)______________ and
(b)______________ formed/ acting pursuant to the Consortium Agreement entered
into by them for submission of proposal and implementation of the Project in
response to the RFQP Document.
“Consortium Agreement”5 shall mean the agreement dated _______________
entered into by the Consortium, for submission of proposal and implementation of the
Project in response to the RFQP Document, the original of which is placed in
Schedule ___ and shall include the revised consortium agreement, if any, signed in
respect thereof.
“Expiry Date” shall mean date on which this Contract Agreement terminates by
efflux of time.
“GNCTD” or “Government of Delhi” means the Government of National Capital
Territory of Delhi.
“GOI” shall mean Government of India.
“Governmental Agency” means GOI, GNCTD or any ministry, department,
commission, board, authority, instrumentality or agency, under the control of GOI or
GNCTD having jurisdiction over all or any part of the Consultancy Assignment or the
performance of all or any of the services or obligations of MCD under or pursuant to
this Contract Agreement.
“INR, Re. or Rs.” shall mean the lawful currency of the Republic of India.
“Letter of Acceptance” means the letter issued by MCD to [M/s
__________________,] or [Consortium6] to undertake and execute the Consultancy
Assignment in conformity with the terms and conditions set forth in the Contract
Agreement.
“Material Adverse Effect” means material adverse effect of any act or event on the
ability of either Party to perform any of its obligations under and in accordance with
the provisions of this Contract Agreement and which act or event causes a material
financial burden or loss to either Party.
3 Applicable only if the successful bidder is a consortium
4 Applicable only if the successful bidder is a consortium
5 Applicable only if the successful bidder is a consortium
6 Applicable only if the successful bidder is a consortium
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“Material Breach” means failure by a Party to cure a breach of any of its obligations
under this Contract Agreement, within the Cure Period.
“Consultancy Assignment” shall mean Appointment of Consultant to Undertake the
Work of Assessing Manpower Requirement for Group „C‟ and „D‟ Categories of
Employees in Municipal Corporation of Delhi.
“Request for Proposal” or “RFP” shall mean the Request for Proposal due on June
22, 2010 issued by MCD for the Appointment of Consultant to Undertake the Work
of Assessing Manpower Requirement for Group „C‟ and „D‟ Categories of
Employees.
“Scope of Services” shall have the meaning ascribed to the term in Clause 2.2.
“Technical Proposal” shall mean the technical proposal submitted by [M/s
__________________] or [Consortium7] as a part of the RFP process.
“Termination” means the termination of this Contract Agreement prior to the expiry
of the Contract Period in accordance with the provisions of the Contract Agreement.
“Termination Date” means the effective date of Termination as mentioned and
contained in the Termination Notice in accordance with the provisions of Clause 8.3.
“Termination Notice” means the communication issued in accordance with this
agreement by any one Party to the other Party terminating this Contract Agreement.
“The Consultant‟s Event of Default” shall have the meaning ascribed to the term in
Clause 8.1 of this Contract Agreement.
1.2 Interpretations
In this Contract Agreement, unless the context otherwise requires,
(a) the words importing singular shall include plural and vice versa,;
(b) the headings are for convenience of reference only and shall not be used in, and
shall not affect, the construction or interpretation of this Contract Agreement;
(c) the words "include" and "including" are to be construed without limitation;
(d) any reference to day, month or year shall mean a reference to a calendar day,
calendar month or calendar year respectively;
(e) In case of ambiguities or discrepancies in this Contract Agreement, the
following shall apply:
(i) between two Articles/Clauses of this Contract Agreement, the provisions
of specific Articles/Clauses relevant to the issue under consideration shall
prevail over those in other Articles;
(ii) between the Articles/Clauses and the Schedules, the Articles/Clauses shall
prevail;
7 Applicable only if the successful bidder is a consortium
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(iii) between any value written in numerals and that in words, the latter shall
prevail.
Article 2 – Award of Contract & Scope of Services
2.1 Subject to and in accordance with the terms and conditions set forth in this Contract
Agreement, MCD hereby awards the Contract to the Consultant and the Consultant
hereby accepts the award.
2.2 Subject to and in accordance with the terms and conditions set forth in this Contract
Agreement, The Consultant shall be obliged to undertake the following in accordance
with the Applicable Laws and:
(a) Discharge services as set forth in Schedule 1 : Scope of Services (“Scope of
Services”);
(b) Submission of reports and implementation of the Consultancy Assignment;
(c) Perform and fulfill all of the Consultant‟s obligations in accordance with this
Contract Agreement; and
(d) Adhere to the timelines as set out in Schedule 2: Manning Schedule and Work
Programme.
2.3 In relation to the services and activities defined in the present Contract, all data or
information supplied by the Corporation to the Consultant in connection with the
services being provided by the Consultant shall remain the property of the
Corporation. All deliverables to the extent prepared by the Consultant hereunder for
delivery to the Corporation shall be the property of the Corporation.
2.4 The information exchanged between the Corporation and the Consultant (including
any related recommendations and advice) given by the Consultant are intended solely
for the information and use of the Corporation‟s management, officers, directors and
employees and may not be disclosed to any other person without the prior written
consent of the Corporation (except as required by law or professional obligation).
2.5 All working papers prepared by the Consultant in connection with the Services shall
remain the property of the Corporation.
2.6 The consultant shall not enter into a sub contract for the performance of any part of
the Services. However, the consultant can hire the services of Personnel to carry out
any part of the services, for which, Consultant shall obtain the Corporation‟s prior
approval in writing before appointing Personnel to carry out any part of the Services,
including the terms and conditions of such appointment. The Consultant shall remain
fully liable for the performance of the services by its personnel pursuant to this
contract.
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Article 3 - Contract Period
3.1 This Agreement shall come into effect on execution hereof and shall, unless
terminated earlier or extended in accordance with the provisions hereof, shall be valid
from the date of this Agreement till completion of sixteen (4+12) months (“Contract
Period”);
Provided further that in the event of Termination, the Contract Period shall mean and
be limited to the period commencing from the Agreement Date and ending on the
Termination Date.
3.2 The Consultant shall submit all the reports in the time-bound manner as per
Schedule 2: Manning and Reporting Schedule.
3.3 Final Report with all recommendations should be submitted on or before the
completion of Four (4) months from the date of signing of the Contract Agreement.
Article 4 – Obligations of Parties
4.1 Obligations of MCD
MCD shall observe, undertake, comply with and perform, in addition to and not in
derogation of its obligations elsewhere set out in this Contract Agreement, the
obligations set forth in this Article:
(a) To provide all relevant information to the Consultant for the execution of the
study;
(b) To provide a office space (of size about 100 Sq. Ft.) with electricity to the
Consultant in its premises without any charges;
(c) In consideration of the Services performed by the Consultant under this Contract
the Corporation shall make to the Consultant such payments and in such manner
as is provided by Article 6 of this Contract.
(d) To appoint a nodal officer, who will be coordinate with the Consultant and shall
and shall act as the nodal point of contact between the Consultant and MCD for
executing the Consultancy Assignment throughout the Contract Period.
4.2 Obligations of the Consultant
The Consultant shall observe, undertake, comply with and perform, in addition to and
not in derogation of its obligations elsewhere set out in this Contract Agreement, the
obligations set forth in this Article:
(a) To perform the Scope of Services as set out in Article 2 – Award of Contract &
Scope of Services;
(b) To submit reports during the execution of the project as per
Schedule 2 - Manning and Reporting Schedule;
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(c) To submit Ten (10) hard copies and One (1) soft copy of all the reports and
documents specified in technical specification of the RFP hereto, in the form, in
the numbers and within the time periods set forth in the RFP, including any
supporting data required by the Corporation;
(d) To be responsible for compliance with Applicable Laws and shall take all
practicable steps to ensure that the Personnel and agents of the Consultant
comply with the Applicable Law;
(e) To provide Performance Security in the form of Bank Guarantee to MCD which
shall be kept valid throughout the Contract Period and an additional period of
365 days (Three Hundred Sixty Five Days) thereafter;
(f) To use office space provided by MCD only for the purposes of carrying out the
Scope of Services and matters relating thereto in terms of this Contract
Agreement and in accordance with directions as may be issued by MCD without
causing any disturbance and other inconvenience to those in its vicinity;
(g) To perform the Services and carry out their obligations hereunder with all due
diligence, efficiency and economy, in accordance with generally accepted
techniques and practices used with professional engineering and consulting
standards recognized by professional bodies, and shall observe sound
management, and technical and engineering practices, and employ appropriate
advanced technology and safe and effective equipment, machinery, materials
and methods. The Consultants shall always act, in respect of any matter relating
to this Contract or to the Services, as faithful advisers to the Corporation, and
shall at all times support and safeguard the Corporation‟s legitimate interests in
any dealings with third parties;
(h) To hold the Corporation‟s interest paramount, without any consideration for
future work, and strictly avoid conflict with other assignments or their corporate
interests;
(i) To not to engage, either directly or indirectly, in any business or professional
activities which would conflict with the activities assigned to them under this
Contract. The consultant and their affiliates hired to provide services for the
proposed assignment will be disqualified from services related to the initial
assignment for the same project subsequently. In case of rating of the proposed
project, for which this consultancy services are being provided, then the
Consultant and their affiliates will not rate this project nor in any way be
associated in rating of this project;
(j) The Consultant and their employees shall not disclose any proprietary or
confidential information relating to the Project, the Services, this Contract or the
Corporation‟s business or operations without the prior written consent of the
Corporation; and
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(k) to take out and maintain at their own cost, appropriate insurance against all the
risks, and for all the coverage, like workers compensation, employment liability
insurance for all the staff on the assignment comprehensive general liability
insurance, including contractual liability coverage adequate to cover the
indemnity of obligation against all damages, costs, and charges and expenses for
injury to any person or damage to any property arising out of, or in connection
with, the services which result from the fault of the Consultant or their staff on
the assignment.
Article 5 – Personnel / Team Members
5.1 The Consultant shall deploy such qualified and experienced personnel as may be
required to carry out the Scope of Services.
5.2 Description of Personnel
(a) The titles, agreed job descriptions, minimum qualifications and estimated periods
of engagement in carrying out of the Services of each of the Consultant‟s
Personnel are described in the Schedule 4: Personnel Profile.
(b) If required to comply with the provisions of Clause 4.2 (g) of this Contract,
adjustments with respect to the estimated periods of engagement of Personnel set
forth in the Schedule 2: Manning and Reporting Schedule may be made by the
Consultant by written notice to the Corporation, provided:
(1) That such adjustments shall not alter the originally estimated period of
engagement of any individual by more than 10% or one week, whichever is
larger, and
(2) That the aggregate of such adjustments shall not cause payments under this
Contract to exceed the ceilings set forth in Article 6 of this Contract. Any
other such adjustments shall only be made with the Corporation‟s written
approval.
(c) The Consultant hereby agrees to engage the personnel listed by title as well as by
name as per the Schedule 2: Manning and Reporting Schedule in order to fulfill
his contractual obligations under this contract.
5.3 It is expressly understood and agreed by the Consultant that no employee/worker of
the Consultant or its sub-contractor(s) shall be considered to be an employee of MCD
for any purpose whatsoever. The Consultant shall be solely responsible for all such
employees/workers, their wages, statutory payments, taking out and maintaining
ESIC/other insurance etc. MCD shall not be liable for any payment or claim or
compensation (including but not limited to compensation on account of injury/death
or termination) of any nature to such employees/ workers at any point of time during
the currency of this Contract Agreement or after its Termination.
5.4 In the event that any of the personnel deployed by or at the behest of the Consultant is
found by MCD to be incompetent, guilty of misbehavior/misconduct or incapable in
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discharging the assigned responsibilities, MCD may request the Consultant to
forthwith provide a replacement of such personnel with personnel having suitable
qualifications and experience for carrying out the consultancy assignment. The
Consultant shall have no claim for additional costs arising out of or incidental to any
removal and/or replacement of personnel.
5.5 Removal and/or Replacement of Personnel
(a) Except as the Corporation may otherwise agree, no changes shall be made in the
Personnel. If, for any reason beyond the reasonable control of the Consultant, it
becomes necessary to replace any of the Personnel, the Consultant shall forthwith
provide as a replacement a person of equivalent or better qualifications, which
shall be approved by the Corporation.
(b) If the Corporation:
(1) Finds that any of the Personnel has committed serious misconduct or has been
charged with having committed a criminal action, or
(2) Has reasonable cause to be dissatisfied with the performance of any of the
Personnel, then the Consultant shall at the Corporation‟s written request
specifying the grounds therefore, forthwith provide as a replacement a person
with qualifications and experience acceptable to the Corportation.
(c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above,
the rate of remuneration applicable to such person as well as any reimbursable
expenditures (including expenditures due to the number of eligible dependents)
the Consultant may wish to claim as a result of such replacement, shall be subject
to the prior written approval by the Corporation. The Consultant shall bear all
additional travel and other costs arising out of or incidental to any removal and/or
replacement.
Article 6 – Consultancy Fee
6.1 Subject to Clause „C‟ of Schedule 2 - Manning and Report Schedule hereunder and
other terms of this Contract Agreement and during the Contract Period, MCD shall
pay the consultancy fee to the Consultant, as specified in Schedule 3: Milestones and
Payment Schedule, against the grant of Contract under the Contract Agreement.
Payment will be made by the Corporation to the consultant as follows:
a. The payments would be released to the Consultant as per the payment schedule
after achieving the milestones indicated in Schedule 3: Milestones and Payment
Schedule.
b. All payments would be claimed by the Consultant from the Corporation per the
Payment Terms on being due, and would be accepted for payment by competent
authority in the Corporation, based on the satisfactory progress and quality of the
work in his sole discretion.
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c. The Corporation will make the final payment of 10% at the end of one year from
the award of contract on smooth transition into the new system and its effective
implementation through suitable hand holding measures by the Consultant.
6.2 The Corporation will deduct appropriate TDS as required under the Income Tax Act
1961 from all the payment to be made to the Consultant unless exemption certificate
is provided by the Consultant. TDS certificate(s) shall be promptly provided to the
Consultant against such deductions.
6.3 All applicable taxes and statutory levies will be liability of the Consultant.
6.4 Consultant Not to Benefit from Commissions Discounts etc. - The payment of the
Consultant shall constitute the Consultant‟s only payment in connection with this
Contract or the Services, and the Consultant shall not accept for their own benefit any
trade commission, discount, or similar payment in connection with activities pursuant
to this Contract or to the Services or in the discharge of their obligations under the
Contract, and the Consultant shall use their best efforts to ensure that the Personnel
and agents of either of them similarly shall not receive any such additional payment.
6.5 The Consultant shall submit the bills to the Corporation of firms printed bill forms
indicating the work done by him during the period for which payment is sought.
6.6 The Corporation shall release the payment of the Consultant as per above given
schedule of payment within thirty (30) days after the receipt of bills with supporting
documents by the Corporation. But if the progress is not satisfactory and according to
agreed work program/schedule the payment may be withheld.
6.7 The final payment under this clause shall be made only after satisfactory completion
of the activities mentioned in the Scope of Services.
Article 7 - Performance Security
7.1 The Consultant has, for due and faithful performance of its obligations under this
Contract Agreement, provided to MCD, a Performance Security in the form of bank
guarantee dated _____________ from ________________ Bank8 for a sum of Rs.
______________ (Rupees _______________________only). The Performance
Guarantee is irrevocable and the Performance Guarantee is valid for 90 days beyond
the Contract Period of one year and four months.
7.2 A copy of the said Performance Guarantee is provided in Schedule 5 hereto.
7.3 MCD shall release the Performance Security bank guarantee(s) to the Consultant upon
the satisfactory completion of the Contract Period. The performance security shall be
returned after deducting the claims, if any.
8 from a scheduled bank acceptable to MCD
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7.4 MCD shall have the right to invoke the Performance Security bank guarantee(s) in
case of Termination of the Contract Agreement due to a Consultant‟s Event of
Default.
Article 8 – Events of Default & Termination
8.1 The Consultant‟s Events of Default
The following event(s) shall constitute an event of default of the Consultant (“the
Consultant‟s Event of Default”) unless such Consultant‟s Event of Default has
occurred as a result of a Force Majeure Event:
(a) The Consultant fails to provide the Performance Guarantee in terms of the
Article 7 hereof; or
(b) The Consultant is in Material Breach of this Contract Agreement; or
(c) The Consultant creates any encumbrance, charges or lien on the Project
Premises in favor of any person without the concurrence of MCD; or
(d) The transfer of all or material part of the assets or undertaking of the Consultant
except where such transfer, in the opinion of MCD, does not affect the financial
and technical capability of the Consultant to perform its obligations under this
Contract Agreement; or
(e) The Consultant is adjudged bankrupt or insolvent or if a trustee or receiver is
appointed for The Consultant or for any of its property that, in the opinion of
MCD, has a material bearing on its ability to discharge its Scope of Services as
contemplated in the Contract Agreement; or
(f) The Consultant is ordered to be wound up by a court of law, except for the
purpose of amalgamation or reconstruction provided that, as part of such
amalgamation or reconstruction, the property, assets and undertaking of The
Consultant are transferred to the amalgamated or reconstructed entity and that
the amalgamated or reconstructed entity has unconditionally assumed the
obligations of the Consultant under this Contract Agreement and provided that:
(i) the amalgamated or reconstructed entity in the opinion of MCD has the
technical capability and operating experience necessary for the
performance of its obligations under this Contract Agreement; and
(ii) the amalgamated or reconstructed entity has, in the opinion of MCD, the
financial standing to perform its obligations under this Contract
Agreement; and
(iii) this Contract Agreement remains in full force and effect; or
(g) The Consultant fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause 12.2 hereof; or
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(h) The Consultant submit to the Corporation a statement which has a material
effect on the rights, obligations or interests of the Corporation and which the
Consultant know to be false; or
(i) The Consultant repudiates this Contract Agreement or otherwise evidences an
intention not to be bound by this Contract Agreement.
8.2 Upon occurrence of the Consultant‟s Event of Default (as provided in Clause 8.1),
The Corporation may by not less than thirty (30) days‟ written notice of termination to
the Consultant after the occurrence of any of the events specified in Clause 8.1,
terminate this Contract.
8.3 Termination Notice
If the Corporation decides to terminate this Contract Agreement pursuant to Clause
8.2, it shall issue Termination Notice setting out:
(a) in sufficient detail the underlying Event of Default;
(b) the Termination Date;
(c) the Termination Payment including the details of computation thereof; and
(d) any other relevant information.
8.4 Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clause 8.2 hereof or upon expiration of
this Contract, all rights and obligations of the parties hereunder shall cease, except:
a. Such rights and obligations as may have accrued on the date of termination or
expiration,
b. The obligation of confidentiality set forth in Article 11 hereof,
c. Any right which a Party may have under the Applicable Law.
8.5 Cessation of Services
Upon termination of this Contract by notice to pursuant to Clause 8.2 hereof, the
Consultant shall, immediately upon dispatch or receipt of such notice, take all
necessary steps to bring the Services to a close in a prompt and orderly manner and
shall make every reasonable effort to keep expenditures for this purpose to a
minimum.
8.6 Withdrawal of Termination Notice
Notwithstanding anything inconsistent contained in this Contract Agreement, if the
Consultant which has been served with the Termination Notice cures the underlying
Event of Default to the satisfaction of the Corporation at any time before the
Termination occurs, the Termination Notice may be withdrawn by the Corporation
which had issued the same. Provided that the Consultant shall compensate the
Corporation for any direct costs/consequences occasioned by the Event of Default
which caused the issue of Termination Notice.
8.7 Upon Termination of this Contract Agreement for any reason whatsoever:
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(a) Notwithstanding anything to the contrary contained in this Contract Agreement,
any Termination, pursuant to the provisions of this Contract Agreement, shall be
without prejudice to accrued rights of either Party including its right to claim
and recover damages and other rights and remedies which it may have under the
Contract Agreement or in law. All rights and obligations of either Party under
this Contract Agreement shall survive the Termination of this Contract
Agreement to the extent such survival is necessary for giving effect to such
rights and obligations.
(b) Notwithstanding anything to the contrary contained in this Contract Agreement,
MCD shall be within its right to appoint any other agency to replace the
Consultant to implement and operate the Consultancy Assignment and provide
the services on such terms and conditions as MCD may, at its sole discretion,
decide upon the Termination of this Contract Agreement.
Article 9 - Indemnity
9.1 The Consultant shall indemnify and keep indemnified MCD from and against all
consequences and liabilities arising out of or in any way connected with the
Consultant's negligence, fault, nuisance, breach and failure to perform its obligations
under this Contract Agreement.
9.2 The Consultant shall indemnify the MCD against all damages, claims, actions,
demands, losses, charges, and cost of expenses which the MCD has to incur or which
may occur on account of failure to abide by any of the provisions of the Contract
Agreement by the Consultant.
Article 10 - Force Majeure
10.1 As used in this Contract Agreement, a Force Majeure Event shall mean occurrence in
Delhi of any or all of the events defined in Clause10.2 hereinafter which prevent the
Party claiming Force Majeure (the “Affected Party”) from performing its obligations
under this Contract Agreement and which act or event:
(a) Is beyond the reasonable control and not arising out of the fault of the Affected
Party;
(b) The Affected Party has been unable to overcome such act or event by the exercise
of due diligence and reasonable efforts, skill and care, including through
expenditure of reasonable sums of money; and
(c) Leads to a Material Adverse Effect.
10.2 Force Majeure Events
For purposes of this Clause, and subject to Clause 10.1 (a), (b) and (c) herein, Force
Majeure Event(s) shall mean one or more of the following acts or events:
(a) Acts of God or events beyond the reasonable control of the Affected Party
which could not reasonably have been expected to occur, exceptionally adverse
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weather conditions, lightning, earthquake, cyclone, flood, volcanic eruption or
fire or landslide;
(b) Radioactive contamination or ionizing radiation;
(c) Any act of war (whether declared or undeclared), invasion, armed conflict or act
of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military
action, civil commotion or politically motivated sabotage which prevents
discharging of the Scope of Services by the Consultant for a period exceeding a
continuous period of 15 (fifteen) days;
10.3 Effect of Force Majeure Event
Upon the occurrence of any Force Majeure Event, the following shall apply:
(a) There shall be no Termination except when a Force Majeure Event subsists for a
period of 180 (one hundred eighty) days or more within a continuous period of
365 (three hundred sixty five) days, MCD may in its sole discretion terminate
this Contract Agreement by giving Termination Notice in writing to the
Consultant without being liable in any manner whatsoever;
(b) The Parties shall bear their respective costs and no Party shall be required to pay
to the other Party any costs arising out of the Force Majeure Event;
(c) The Consultant will not be liable to pay the Default Charges to MCD during the
periods in which the Force Majeure events persist.
10.4 Liability for other losses, damages etc.
Save and except as expressly provided under this Article 10, neither Party hereto shall
be liable in any manner whatsoever to the other Party in respect of any loss, damage,
cost, expense, claims, demands and proceedings relating to or arising out of
occurrence or existence of any Force Majeure Event or exercise of any right pursuant
to the Article 10.
10.5 Excuse from performance of obligations
If the Affected Party is rendered wholly or partially unable to perform its obligations
under this Contract Agreement because of a Force Majeure Event, it shall be excused
from performance of such of its obligations to the extent it is unable to perform on
account of such Force Majeure Event provided that:
(a) the suspension of performance shall be of no greater scope and of no longer
duration than is reasonably required by the Force Majeure Event;
(b) the Affected Party shall make all reasonable efforts to mitigate or limit damage
to the other Party arising out of or as a result of the existence or occurrence of
such Force Majeure Event and to cure the same with due diligence, and
(c) when the Affected Party is able to resume performance of its obligations under
this Contract Agreement, it shall give to the other Party written notice to that
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effect and shall immediately and promptly resume performance of its
obligations hereunder.
Article 11 - Confidentiality
11.1 Confidentiality Obligations of the Consultant
(a) All information, data, legacy information, and any other information, whether
provided by MCD or any other agency, necessary for providing the Scope of
Services under the Contract Agreement or otherwise during the Contract Period,
shall be treated as confidential (“Confidential Information”) by the Consultant.
(b) All plans, drawings, specifications, designs, reports and other documents
prepared by the Consultant in performing the Services shall become and remain
the property of the Corporation, and the Consultant shall, not later than upon
termination or expiration of this Contract, deliver all such documents to the
Corporation, together with a detailed inventory thereof. The Consultant may
retain a copy of such documents but shall not use them for purposes unrelated to
this Contract without the prior written approval of the Corporation.
(c) The restrictions set forth in sub-article (a) and (b) above herein shall not apply to
any part of the Confidential Information which:
(i) is at the time of disclosure to the Consultant, or thereafter, becomes part of
the public domain, other than as a result of a disclosure by the Consultant,
their directors, officers or employees; or
(ii) was, at the time of disclosure to the Consultant, already in the possession
of the Consultant on a lawful basis; or
(iii) is required to be disclosed by the Consultant by judicial, administrative
process, any enquiry, investigation, action, suit, proceeding or claim or
otherwise by Applicable Laws or by any Governmental Agency, provided
that the Consultant shall advise MCD of any disclosure hereunder so as to
enable MCD to take appropriate steps as it may so desire.
Article 12 - Dispute Resolution
12.1 Conciliation
(a) Save where expressly excluded in this Contract Agreement, any dispute,
difference or controversy of whatever nature howsoever arising under, out of or
in relation to this Contract Agreement and so notified in writing by either Party
to the other (the “Dispute”) in the first instance shall be attempted to be resolved
amicably in accordance with the conciliation procedure provided in sub-article
(b) under.
(b) In the event of any Dispute between the Parties, such Dispute shall be referred to
the Commissioner, MCD or an officer nominated by the Commissioner,
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Municipal Corporation of Delhi for amicable settlement. Upon such reference,
the said two individuals shall meet not later than 7 (seven) days of the date of
such request or such longer period as may be mutually agreed by the Parties to
discuss and attempt to amicably resolve the Dispute. If such meeting does not
take place within the said period or the Dispute is not amicably settled within 15
(fifteen) days of such meeting between the said two individuals, either Party
may refer the dispute to arbitration in accordance with the provisions of Clause
12.2.
(c) If the Dispute is not resolved as evidenced by the signing of the written terms of
settlement within 30 (thirty) working days of the aforesaid notice in writing or
such longer period as may be mutually agreed by the Parties then the provisions
of Clause 12.2 shall apply.
12.2 Arbitration
(a) Save where expressly excluded in this Contract Agreement, any Dispute, which
is not resolved amicably as provided in Clause 12.1 shall be finally decided by
reference to sole Arbitrator, to be appointed by the Commissioner, Municipal
Corporation of Delhi. Such arbitration shall be held in accordance with the
provisions of the Arbitration and Conciliation Act, 1996 and any amendments
thereto. The arbitrator shall issue a reasoned Award.
(b) The venue of such arbitration shall be Delhi, India.
(c) The Consultant and MCD undertake to carry out any decision or award of the
arbitrator (the “Award”) without delay. Awards relating to any Dispute shall be
final and binding on the Parties as from the date they are made.
(d) Pursuant to having exhausted the remedies, the Consultant and MCD agree that
an Award may be enforced against the Consultant and/or MCD, as the case may
be and their respective assets wherever situated.
(e) This Contract Agreement and rights and obligations of the Parties shall remain
in full force and effect pending the Award in any arbitration proceeding
hereunder.
Article 13 – Language
13.1 All notices required to be given by one Party to the other Party and all other
communications, documentation and proceedings which are in any way relevant to
this Contract Agreement shall be in writing and in English language.
Article 14 – Assignment and Charges
14.1 The Consultant shall neither create nor permit to subsist any encumbrance over or
otherwise transfer or dispose of all or any of its rights and benefits under this Contract
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Agreement except with prior consent in writing of MCD, which consent MCD shall
be entitled to decline without assigning any reason whatsoever.
Article 15 – Governing Law and Jurisdiction
15.1 This Contract Agreement shall be construed and interpreted in accordance with and
governed by the laws of India and the Courts at Delhi alone shall have jurisdiction
over all matters arising out of or relating to this Contract Agreement.
Article 16 – Relation between Parties
16.1 Nothing contained in this Contract Agreement shall be construed or interpreted as
constituting a partnership, joint venture or agency between the Parties. Neither Party
shall have any right or authority to represent on behalf of the other nor shall any such
representation to third party (ies) bind the other in any manner whatsoever. This
Contract Agreement is being entered into on a principal to principal basis. The
Consultant shall be an independent contractor and is fully independent in exercising
its rights and/or performing any/all its Scope of Services. The Consultant shall not act
or hold itself out as a servant or employee of MCD.
Article 17 – Notices
17.1 Any payment, notice or other communication to be given by one Party to the other
under, or in connection with the matters contemplated by this Contract Agreement
shall be in writing and shall be delivered by hand/ registered post/ courier at the
following address:
If to MCD: If to The Consultant:
Municipal Corporation of Delhi
Commissioner‟s Office
Head Office
Delhi
Attention: The Commissioner Attention:
Phone: +91-11- Phone:
Fax: +91-11- Fax:
Email: Email:
17.2 Copies of all notices may also be sent by facsimile and/or email
Article 18 – Waiver
18.1 Waiver by either Party of any default by other Party in the observance and
performance of any provision of or obligations of or under this Contract Agreement: -
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(a) shall not operate or be construed as a waiver of any other or subsequent default
hereof or of other provisions of or obligations under this Contract Agreement;
(b) shall not be effective unless it is in writing and executed by a duly authorised
representative of the Party; and
(c) shall not affect the validity or enforceability of this Contract Agreement in any
manner.
18.2 Neither the failure by either Party to insist, on any occasion, upon the performance of
the terms, conditions and provisions of this Contract Agreement or any obligation
there under nor time or other indulgence granted by a Party to the other Party shall be
treated or deemed as waiver of such breach or acceptance of any variation or the
relinquishment of any such right hereunder.
Article 19 – Survival
19.1 Termination of this Contract Agreement:
(a) shall not relieve the Consultant or MCD of any obligations hereunder which
expressly or by implication survives Termination hereof, and
(b) except as otherwise provided in any provision of this Contract Agreement
expressly limiting the liability of either Party, shall not relieve either Party of
any obligations or liabilities for loss or damage to the other Party arising out of
or caused by acts or omissions of such Party prior to the effectiveness of such
Termination or arising out of such termination.
19.2 All obligations surviving the cancellation, expiration or Termination of this Contract
Agreement shall only survive such Termination or expiry of this Contract Agreement.
Article 20 – Severability
20.1 If for any reason whatever any provision of this Contract Agreement is or becomes
invalid, illegal or unenforceable or is declared by any court of competent jurisdiction
or any other instrumentality to be invalid, illegal or unenforceable, the validity,
legality or enforceability of the remaining provisions shall not be affected in any
manner, and the Parties will negotiate in good faith with a view to agreeing one or
more provisions which may be substituted for such invalid, unenforceable or illegal
provisions, as nearly as is practicable to such invalid, illegal or unenforceable
provision. Failure to agree upon any such provisions shall not be subject to dispute
resolution under this Contract Agreement or otherwise and the invalid, illegal or
unenforceable part shall stand deleted and the rest of the Contract Agreement shall be
enforced.
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Article 21 – Representations and Warranties
21.1 Representations and Warranties of the Consultant:
The Consultant represents and warrants to MCD that:
(a) It is duly organized, validly existing and in good standing under the laws of the
jurisdiction of its incorporation;
(b) It has full power and authority to execute, deliver and perform its obligations
under this Contract Agreement and to carry out the transactions contemplated
hereby;
(c) It has taken all necessary corporate and other action under Applicable Laws and
its constitutional documents to authorize the execution, delivery and
performance of this Contract Agreement;
(d) It has the necessary capabilities essential to undertake the Consultancy
Assignment;
(e) This Contract Agreement constitutes its legal, valid and binding obligation
enforceable against it in accordance with the terms hereof;
(f) It is subject to civil and commercial laws of India with respect to this Contract
Agreement;
(g) There are no actions, suits, proceedings, or investigations pending or, to the
Consultants‟ knowledge, threatened against it at law or in equity before any
court or before any other judicial, quasi judicial or other authority, the outcome
of which may result in the breach of or constitute a default of the Consultant
under this Contract Agreement or which individually or in the aggregate may
result in any Material Adverse Effect on its business, properties or assets or its
condition, financial or otherwise, or any impairment of its ability to perform its
obligations and duties under this Contract Agreement;
(h) It has no knowledge of any violation or default with respect to any order, writ,
injunction or any decree of any court or any legally binding order of any
Governmental Agency which may result in any Material Adverse Effect or
impairment of the Consultant‟s ability to perform its obligations and duties
under this Contract Agreement;
(i) It has complied with all Applicable Laws and has not been subject to any fines,
penalties, injunctive relief or any other civil or criminal liabilities which in the
aggregate have or may have Material Adverse Effect on its financial condition
or its ability to perform its obligations and duties under this Contract
Agreement;
(j) No representation or warranty by the Consultant contained herein or in any other
document furnished by it MCD in relation to Applicable Certificates, permits,
permissions, licenses and other such necessary approvals and sanctions required
under the Contract Agreement contains or will contain any untrue statement of
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material fact or omits or will omit to state a material fact necessary to make such
representation or warranty not misleading; and
(k) No sums, in cash or kind, have been paid or will be paid by or on behalf of the
Consultant, to any person by way of Price, commission or otherwise for
securing the Contract or entering into this Contract Agreement or for influencing
or attempting to influence any officer or employee of MCD in connection
therewith.
21.2 Representations and Warranties of MCD:
MCD represents and warrants to the Consultant that:
(a) MCD, through its authorized representative, has full power and authority to
execute, deliver and perform its obligations under this Contract Agreement;
(b) MCD has taken all necessary action to authorise the execution, delivery and
performance of this Contract Agreement; and
(c) This Contract Agreement constitutes its legal, valid and binding obligation
enforceable against it in accordance with the terms hereof.
21.3 Any of the Representations and Warranties herein contained, if found to be untrue
shall constitute breach of this Contract Agreement.
Article 22 – Counterparts
22.1 This Contract Agreement may be executed in two originals, each of which when
executed and delivered shall constitute an original of this Contract Agreement.
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IN WITNESS WHEREOF, the Parties have executed this Contract Agreement as of the date
first written above.
MCD Consultant
Signature:___________________________
___
Signature: ________________________________
Name:
_________________________________
Name: ___________________________________
Title:
_________________________________
Title: ____________________________________
Witness 1 Witness 2
Signature:
______________________________
Signature: ________________________________
Name:
________________________________
Name: ___________________________________
Title:
________________________________
Title: ___________________________________
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SCHEDULE 1: SCOPE OF SERVICES
Refer to Part II – Terms of Reference (TOR) of RFP Document.
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SCHEDULE 2: MANNING AND REPORTING SCHEDULE
A. Manning Schedule
As provided in Appendix 15 in the Technical Submission of the Bid by the successful
bidder.
B. Reporting Schedule
Sr. No Activity Description Number of Days from date of
signing of Contract Agreement
1 Inception Report 15
2 Interim Report 60
3 Draft Final Report 90
4 Final Report 120
5 Assistance during Implementation 365 days after submission of
final report
Note: Study period for the Consultant, i.e. Four (4) months, will be from the date of
signing of Contract Agreement till the submission of Final Report.
C. Liquidity Damages
In the event of delay by the Consultant to implement the Consultancy Assignment
within the Contract Period for reasons attributable to the Consultant, MCD reserves the
right to recover from the Consultant liquidated damages (and not by way of penalty) on
/ at which there is such delay as follows:
Sr.
No. Particular
Amount
(% of the Contract Value)
1. Upto Two Week @0.5% of the total value of the contract
2. Beyond Two Week @0.75% of the total value of the contract
No delay is permitted beyond four (4) weeks from stipulated delivery period of four (4)
months.
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SCHEDULE 3: MILESTONES AND PAYMENT SCHEDULE
A. The total consultancy fees inclusive of service tax, educational cess and any other
tax/levy/cess in Delhi is Rs………………..in figures (in
words…………………………) towards Scope of Services as defined in Schedule 1.
B. The Consultant shall get the payment in stage manner on the basis of submission of
report, as under
Sr. No Activity Description Payment Schedule
1 Inception Report 10%
2 Interim Report 15%
3 Draft Final Report 25%
4 Final Report 50%
5 Assistance during Implementation 10%
C. The deliverables schedule should be from the start date which shall be the date of
signing of Contract agreement. Also the Implementation Period shall be reckoned from
date of submission of Final Report by the Consultant.
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SCHEDULE 4: PERSONNEL PROFILE
Refer to Part II – Terms of Reference (TOR) of RFP Document.
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SCHEDULE 5: PERFORMANCE SECURITY BANK GUARANTEE
To
The Commissioner
Municipal Corporation of Delhi
Head Office
Delhi
1. This Deed of Guarantee made this day of _____________ between Bank of
_____________________ (hereinafter called the “Bank”) on the one part, and *
______________ (hereinafter called “the MCD”) of the other part.
2. Whereas Commissioner, Municipal Corporation of Delhi (MCD) has awarded the
Contract for (Description of Item) vide Contract Agreement. (hereinafter called the
Contract Agreement) to:
_____________________________ (Name of Consultant) (hereinafter called the
Consultant).
3. AND WHEREAS the Consultant is bound by the said Contract Agreement to submit to
the MCD a Performance Security for a total amount of Rs.
____________________________ (Amount in Figures and words).
4. NOW, WE THE UNDERSIGNED ____________(Name of Bank)_______ do hereby
unconditionally and irrevocably undertake to pay to MCD an amount not exceeding
Rs.______________ (Rupees ______________________________________ only)
without any demur, merely on a demand in writing from MCD stating that the amount
claimed is due and payable by the Consultant. Any such demand made on the Bank
shall be conclusive as regards the amount due and payable by the Bank under this
Guarantee. We, the Bank, further undertake to pay to the MCD any money so
demanded notwithstanding any dispute raised by the Consultant in any manner
whatsoever and our liability under these presents is absolute, unconditional,
unequivocal and irrevocable.
5. We, the Bank, further agree that the Guarantee herein contained shall remain in full
force and effect during the period that would be taken for the performance of the said
agreement.
6. This Guarantee is valid for a period of ______________________ (Duration in calendar
months in figures and words) from the date of signing. (The initial period for which this
Guarantee will be valid must be for at least six (6) months longer than the anticipated
Expiry Date). We undertake not to revoke this guarantee during its currency without the
written consent of MCD.
7. At any time during the period in which this Guarantee is still valid, if MCD agrees to
grant a time extension to the Consultant or if the Consultant fails to complete the works
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within the time of completion as stated in the Contract Agreement, or fails to discharge
itself of the liability or damages or debts as stated under Para 5, above, it is understood
that the Bank will extend this Guarantee under the same conditions for the required time
on demand by MCD and at the cost of the Consultant.
8. The Guarantee hereinbefore contained shall not be affected by any change in the
Constitution of the Bank or of the Consultant.
9. The neglect or forbearance of MCD in enforcement of payment of any moneys, the
payment whereof is intended to be hereby secured or the giving of time by MCD for the
payment hereof shall in no way relieve the Bank of their liability under this deed.
10. We, the Bank, undertake not to revoke this Guarantee except with the previous consent
of MCD in writing. This Guarantee shall be valid up to _______________ and we
undertake to renew/extend this Guarantee from time to time till the completion of
performance by the Consultant of its obligations under the Contract Agreement and/or
as demanded by MCD.
11. The expressions “MCD”, “the Bank” and “the Consultant” hereinbefore used shall
include their respective successors and assignees.
In witness whereof I/We of the Bank have signed and sealed this guarantee on the
_________day of _________2010___________ being herewith duly authorised.
For and on behalf of the ______________Bank
Signature of authorised Bank official
Name:_________________________________
Designation:____________________________
Stamp/Seal of the Bank:__________________
Signed, sealed and delivered
for and on behalf of the Bank
by the above named ______________
in the presence of :
Witness 1.
Signature____________________
Name: ______________________
Address: ____________________
Witness 2.
Signature:___________________
Name:______________________
Address: ____________________