request for proposal (rfp) assignment title: monitoring of … · 2018-01-10 · shaheed jeet singh...

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Request for Proposal for Technical and Financial

Monitoring of Ongoing Projects

Block A, Clarion Collection (Qutab Hotel) Shaheed Jeet Singh Marg,

New Delhi 110 016 Tel: +91-11-47451600-10

Fax: +91-11-46560417

http://www.nsdcindia.org

Request for Proposal (RFP)

Assignment Title: Monitoring of Financial and Technical Performance of NSDC projects

Date of issue: 5th July 2013

Due Date of Submission: 9th September, 2013, Time (IST): 12 noon

Dear Sir/ Madam,

The National Skill Development Corporation (NSDC) intends to enter into an arrangement for

the provision of services outlined in the Terms of Reference (ToR) through a competitive

bidding process. In this respect, NSDC would like to invite your organization to submit a

technical and financial proposal as outlined in this RFP.

Any questions regarding the RFP must be received in writing (fax or e-mail) to the undersigned

at least seven (7) days prior to the last date for submission of proposal. Thereafter, no request

for information will be considered.

The proposal (technical and financial) should be submitted in a sealed envelope or through

email latest by the date and time mentioned above. Any proposals received after the stipulated

date and time shall not be considered.

Yours sincerely,

Name: Dilip Chenoy

Designation: CEO & MD

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Instruction to bidders

This section outlines the format for submission of proposals and criteria for evaluation of

proposals

1. Format for submission of proposals

The pre-qualification, technical and financial proposals should be submitted in the format

attached in Annexure I, II and III respectively. Submission of proposals in the wrong format may

result in invalidation of such proposals. Changes to the proposals shall not be permitted once

they have been submitted to the NSDC.

2. Important details for submission of proposals

The proposals should be clearly marked as ‘Pre-qualification Proposal’, ‘Technical Proposal’ and

‘Financial Proposal’ and should be submitted in a single sealed envelope or through email no

later than the date and time mentioned on the first page. The sealed envelope should indicate

the name and address of the bidder and should be addressed to:

Head – Monitoring & MIS,

National Skill Development Corporation

Block A, Clarion Collection (Qutab Hotel)

Shaheed Jeet Singh Marg,

New Delhi - 110016

[email protected]

The schedule for the bidding process is highlighted in the table below:

S.No. Information Details

1. Release of Request for Proposal (RFP) 5thJuly 2013

2. Last date and time for submission of written

queries for clarifications 15thJuly 2013

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3. Pre bid conference 22nd July 2013

4. Release of response to bidder queries 30thJuly 2013

5. Last date and time for submission of bids 12 noon on 9th September

2013

6. Place, date and time of opening of Pre-

Qualification bid

NSDC, Block A, Clarion

Collection

Shaheed Jeet Singh Marg,

New Delhi - 110016

3 pm on 9th September 2013

7. Presentation – by shortlisted vendors 16th, 17th & 19th September

8. Opening of Financial Bid 23rd September 2013

3. Proposal Preparation Cost

The Proposer shall bear all costs associated with the preparation and submission of its

proposal, and NSDC will in no case be responsible or liable for those costs, regardless of the

conduct or outcome of the proposal process.

4. Right To Termination/Cancellation

Notwithstanding anything contained in this document, NSDC, reserves the right to

cancel/terminate the proposal process without assigning any reason whatsoever, at any time

prior to signing the contract and NSDC shall have no liability for above-mentioned actions.

5. Corrupt Or Fraudulent Practice

In the event of the Proposer engaging in any corrupt or fraudulent practices during the proposal

process, as per the judgment of NSDC, the proposal will be rejected. Any decision in this regard

will be final and binding on the Proposer.

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For the purpose of this clause: “Corrupt Practice” means the offering, giving, receiving or

soliciting of anything of value to influence the action of NSDC in the selection process. It also

includes bringing undue influence through any quarter or interfering directly or indirectly in the

selection process to affect its outcome.

“Fraudulent Practice” means a misrepresentation of facts in order to influence selection

process to the detriment of NSDC.

6. Late Proposals

Any proposal received by NSDC after the deadline for submission of proposals prescribed in RFP

will be summarily rejected and will be returned unopened to the Proposer.

7. Evaluation of proposals

The proposals will be evaluated by a NSDC team based on the pre-qualification, technical and

financial details submitted by the bidder.

NSDC will first open only the pre-qualification proposals which shall be evaluated as per the

criteria specified below:

S.No. Parameters Marks

1.

The bidder must be incorporated & registered in India,

under the India Companies Act, 1956 and should be in

operations in India for minimum of 3 years

Certificate of

Incorporation and Service

Tax Registration

Certificate

2.

The bidder shall not be blacklisted by any Central /

State Government (Central/State Government and

Public Sector)) or under a declaration of ineligibility for

corrupt or fraudulent practices.

A self certified letter by

the designated official of

the responding Company

/ Form1

3. The bidder must have minimum annual revenue of INR Copy of the audited profit

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50 lakh in project management during the three last

declared Financial years.

This must be the individual Company’s turnover for

program management of relevant projects and not that

of group of Companies

and loss account/ balance

sheet/ annual report of

the last three financial

years. In the absence of

audited statements for

the last year, provisional

statements may be

considered.

4.

The responding Company should have made net profit

for the last three(3) financial Years (FY 08-09, FY 09-10,

FY 10-11 or FY 11-12,) as revealed by audited balance

sheet.

Same as in point no 3

5.

Bidder should have experience of at least one project

involving project management/ monitoring for a

Central Government department or State Government

or World Bank funded or Public Sector Units

programmes.

Copy of contract/ client

letter

6.

The responding Company must have on its rolls

consulting staff of at least 20 technically qualified

personnel in the area of consulting services for Program

/ Project Management, Financial Management,

Capacity Building, Security and IT procurement and who

possess relevant degrees/credentials with prior

experience in providing the above consultancy services

as on March 31, 2013

Certificate from Head

(HR) or company

secretary for number of

technically qualified

professionals employed

by the company and

appropriate supporting

undertakings.

7. Bidder should have an office in Delhi or NCR for close

coordination with NSDC Self-declaration

The Technical Proposal of only those bidders, who qualify in the Pre-Qualification stage, shall be

opened. The Technical Evaluation criteria for selection of nodal agency are given in the table

below:

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Evaluation Criterion – Technical Max. Score

1. Firm Profile 20

1.1 Average annual turnover from Indian Operations from consulting

services in last 3 years ( Turnover in RsCrores)

5

1.2 Full-time professional staff engaged in Consulting (Number of Staff) 5

1.3 Relevant Quality Certifications 5

1.4 Offices of the Firm across different States and central coordination

office in NCR

5

2. Experience of the Firm / India Operations 25

2.1 Experience in Programme Management of large Projects. 10

2.2 Experience of preparing RFP, bid process management for a

Central/State Government department or a large private organization

5

2.3 Experience of consulting assignments in Education/ Skill and Capacity

Building in India/Outside India

5

2.4 Experience of providing services in Capacity Building/Skills

building/Training in India/Outside India

5

3. Proposed methodology and Work Plan 25

3.1 Understanding of the objectives of the assignment: The extent to

which the consultant’s approach and work plan respond to the

objectives indicated in this RFP.

5

3.2 Methodology for conducting the assignment 5

3.2 Completeness and responsiveness: The extent to which the proposal

responds exhaustively to all the requirements of all the Terms of

Reference

5

3.3 Proposed Project Plan detailing out dependencies and assumptions

with action plan. proposed Tools and Templates and most cost

effective monitoring frame work

5

3.4 Technical Presentation by the bidder on Approach and Methodology 5

4. Profiles proposed for key roles 30

4.1 Team proposed

The team proposed will be evaluated on the following

parameters:

Skill set mix proposed

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Evaluation Criterion – Technical Max. Score

Number of consultants in the team

Presence of experts in the team

Profiles of proposed Team Members

The bidder shall provide CVs of personnel for key roles required to be

staffed by the Consultant

For the purposes of evaluation, please provide CVs of the following

profiles:

1. Project Manager Expert (1 no.)

2. Finance Specialist with exposure to Contracts Administration (1

no.)

3. I T and M&E Specialist (1 no.)

4. Analytical Specialist (1 no.)

5. Consultants/Analyst (3 nos), ( Financial & Technical)

Qualification and Experience Requirements of Team Members –

Detailed Below. Each CV will be evaluated on the basis of the following

parameters. Percentage credit for the parameter is provided in

parentheses.

Academic qualifications – degrees and academic institutes

(20%)

Experience – 10%

Years of total program management and consulting experience

(30%)

Number of relevant projects worked in (20%)

Breadth of experience (breadth of roles served in relevant

projects) (20%)

Total Points 100

Qualification and Experience Requirements of Team Members

The key personnel should meet the following minimum profile requirements.

1. Project Management Expert (1)

Qualifications

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B.E./B.Tech. with additional qualification in finance or Legal preferred from a

premier institute

More than 10 years of experience in consulting for large scale Government projects;

at least 3 in the role of a Project Manager

Experience Requirements

Should have experience in monitoring large national level projects

Should have relevant technical and managerial experience in contract administration

and monitoring & evaluation of large-scale projects.

Should have understanding of Finance

Should have experience in program management involving extensive

communication with stakeholders in a coordinated fashion for the implementation

of a project/program.

Should have previous experience in working on or managing DPR preparation, RFP

preparation and Bid Process Management / Vendor selection.

Should have ability to lead, motivate and direct the team to achieve the business

objectives.

Should have excellent oral & written communication skills

2. Finance Expert(1)

Qualifications

Chartered Accountant with minimum 8+ years of work experience, and involved in

funds management and tracking for large projects.

CA with MBA preferred.


Must have experience of designing funds management framework

Experience in tracking expenditure,

Must have experience in Monitoring the disbursement of funds / Tracking utilization

of funds under the project / Maintaining and updating the fund tracker on a regular

basis

Should have worked on relevant projects and have understanding of Indian

Accounting norms.

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Should be able to evaluate the financial health viewing the Utilising Certificate and

the financial ratios.

3. IT & Monitoring and Evaluation (M&E) Expert(1)

Qualifications

BE with IT skills

8 years of experience


Must have experience of designing IT & M&E Framework for large Governance

programmes

Must have experience in defining the Monitoring indicators and Tracking

Mechanism

Must have been involved in developing and implementing evaluation mechanisms

Must have experience of working as a lead in a large project for minimum 2years.

4. Analytical Expert (1)

Qualifications

Masters in Statistics or equivalent

8+ years of work experience, in data analytics, forecast, planning


Must have experience of in analysis of social and financial data which could be used

for decision making by the Board of NSDC.

Also provide suitable analysis for risk mitigation

Must have worked on any large projects as a lead.

5. Consultants/Analysts (3)

Qualifications

Graduate/Masters / degree in engineering

More than 3 years of experience in consulting for large scale Government projects


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Should have experience in monitoring large projects

Should have experience in programs involving extensive communication and

coordination with stakeholders in a coordinated fashion for the implementation of a

large-scale project/program.

Should have previous experience in working on DPR preparation, RFP preparation

and Bid Process Management / Vendor selection.

Should have exposure to IT and ERP.

Should have ability to learn and understand financial data.

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Should have experience in Project Planning and Implementation, evaluation and

assessment of Project plans including ability to anticipate and address the project

risks

Should have excellent oral & written communication skills

Should have excellent documentation skills

Willing to travel to project sites.

Only those bids with a technical score of >=70 shall be considered for financial evaluation or as

decided by the Evaluation committee. QCBS method shall be adopted for selection of the nodal

agency. Bidder with the lowest evaluated Financial Proposal (Fm) will be given the maximum

financial score (Sf) of 100 points. The formula for determining the financial scores is the

following: Sf = 100 x Fm/F, in which Sf is the financial score, Fm is the lowest price and F is the

price of the proposal under consideration.

The formula for determining the technical score is as follows: St = T, in which St is the technical

score of the proposal under consideration.

Proposals will be ranked according to their combined technical (St) and financial (Sf) scores

using the weights (Wt = the weight given to the Technical Proposal; Wf = the weight given to the

Financial Proposal; Wt + Wf = 1) indicated below. The combined score (S) will be calculated as

follows: S = StxWt + Sf x Wf.

The weights given to the Technical and Financial Proposals are:

Wt = 60%

Wf = 40%

Evaluation committee reserves the right to tweak and changes the process and also to get into

a final round of commercial negotiations with the 3 best shortlisted bidders

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Terms of Reference

1. Introduction

The National Skill Development Corporation (NSDC) is a Public-Private Partnership (PPP)

initiative focused on promoting development and upgrading of skills, especially in the

unorganized sector, by fostering private sector participation and investment. NSDC was set up

in 2008-09, as part of the National Skill Development Mission, to meet the need for skilled

workforce in a growing economy as well as to reduce the existing gap between demand and

supply of skilled manpower. NSDC is registered under Section 25 of the Companies Act, 1956

and falls under the purview of the Ministry of Finance. The National Skill Development Fund

(NSDF), a 100% government-owned trust, invests in NSDC to meet part of the funding

requirements.

NSDC supports skill development by identifying skill gaps in the workforce, funding skill training

& development programs, creating vocational institutions and developing accreditation norms.

Currently, NSDC provides support to 21 sectors with critical skill gap by:

Financing and incentivizing select private sector players.

Facilitating support services to skill development institutes such as training curriculum,

faculty, technology platforms, student placement mechanisms and accreditation

systems.

Developing viable models for skill development and encouraging large scale private

participation for reducing skill gap.

Establishing Sector Skills Councils for conducting research, improving delivery

mechanism and building quality assurance.

The objective of NSDC is to contribute significantly (about 30 per cent) to the overall target of

skilling / up-skilling 500 million people in India by 2022, mainly through “market making”

initiatives that foster private sector involvement in skill development programs. For this

purpose, it supports initiatives that have a “multiplier” effect on skill development and target

sectors/ segments with huge unmet needs.

2. Setting the context

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In the above context, NSDC provides funding to the private sector enterprises, training & skill

development organizations, industry bodies/ associations, social entrepreneurs and NGOs

(hereinafter referred to as “Partners”) for building scalable & for-profit vocational/ skills

training initiatives and promoting innovative models in the skill development space.

Additionally, it supports fiscal incentives (tax breaks) to select private sector initiatives. The

financing initiatives provide viability gap funding to private players through:

Loans

Equity

Grants

NSDC invites proposals from private organizations/ NGOs for funding their skill development

initiatives and training programs in the 21 sectors identified by it. The proposals are evaluated

onthe following criteria and final selection is subject to clearance from the NSDC Board:

Sustainability of the business model in the medium to long term

Partnerships with prospective employers, state governments, ITI/ ITC and financial

institutions

Employer’s view of demand for the specific skills

Alignment with the NSDC's mission

Robustness of overall plan and operating model

Ability to leverage partnerships

Ability to leverage financial requirements

Ability to leverage management capability

3. Assignment

3.1 Background

Till date, NSDC has approved over 104projects across India including tier II & tier III cities and

towns that would skill approx. 70m people and create a peak training capacity of 15m in next

10 years. About 46 Partners have started their operations and others are likely to start soon.

NSDC Partners are likely to train approx. 10 lakh people this financial year, having currently

more than 3000 centers (including mobile centers) and may setup more than 4500 centers

approx. during this period (including mobile centers). NSDC intends to engage an independent

Central Monitoring Agency to facilitate overall i.e. social and financial monitoring and

evaluation of the ongoing projects as “Project Monitor”. The Agency shall upgrade/ create

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monitoring processes/ methodologies, improve/create base line templates, identify, select&

engage suitable regional and technical agencies, as required for implementing the monitoring

process (say physical validation), setup call center ( as need be for data validation), bring in

required IT tools/ systems for data analysis / prediction and co-ordinate with its sub agencies /

outsourced manpower and present the consolidated monitoring &evaluation reports on time

on a monthly , quarterly and annual basis.

It shall bring in requisite tools and infrastructure for project planning, evaluation, analysis and

monitoring along with a dashboard for collation and consolidation of information received from

NSDC Partners (Training Partner as well as SSCs) and presenting the information after needful

business intelligence analysis to the management of NSDC with their overall views and

recommendations. The agency is expected to provide a detailed critical analysis to the Board of

NSDC which would enable decision making.

Financial sustainability of the Programs funded by NSDC is important for the success of overall

strategy for large scale skill development in the country. To achieve sustainability, it is essential

that the vocational training Programs funded by NSDC are developed, marketed, delivered and

assessed in accordance with current international best practice. Specifically, NSDC has

identified the following as key outcome areas for projects financed by it:

1. Relevance: Extent to which the courses offered, training methodology, standards &

quality, tools and approach remain relevant to the targeted stakeholders viz.

trainees and industry

2. Effectiveness: Extent to which the ground implementation is meeting the overall

objectives

3. Efficiency: Appropriateness of resources invested as compared to outputs

4. Impact: Extent to which the project is successful in creating sustainable

employment, livelihood, enhancing industry competitiveness, etc

5. Scalability and Sustainability: Whether the positive results are scalable and

sustainable

The activity of monitoring needs to support the above organizational objectives of NSDC,

specifically by fulfilling the following objectives:

Tracking performance of projects/ programs through regular and close

consultations with Partners and independent research / diligence, since NSDC is not

involved in day-to-day management of its investee companies

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Identifying and resolving problems at an early stage

Discussing monitoring and evaluation results and preventive measures with NSDC

and Partners to find / recommend the best solutions

Achievement of balance between quality / accuracy of monitoring(through

mechanisms such as statistically significant sampling of data) and cost effectiveness

Ensuring sustainability and quality with scale

Providing analytical report which is good enough for risk mitigation and also

predictive in nature

Proper contracts management and timely alerts

Ensure compliance to NSDC Quality parameters.

3.2 Purpose

Main objectives of the monitoring exercise

Scope of work for Central Monitoring Unit (CMU)

The overall scope of work for independent Programme Monitors has been broadly

summarized below:

Complete ownership of independent monitoring evaluation and analytical – collection,

collation, consolidation, analysis, escalation, feedback, documentation / reporting and

closure

Ensure migration to SDMS and reporting of monthly , quarterly and annual reports/ UC

on the SDMS

Bringing in required Business Intelligence tool good enough for analytical and prediction

of trends, future planning, etc.

Coordination, handholding and monitoring of system integrators / agencies of all tools

being used by NSDC or to be used in future like SDMS, Pitney Bowes Secured

Certification, Skillpedia etc. and also ensure the usability and compliance by all NSDC

Partners and SSCs.

Facilitate the kick-off meetings after Board approval.

Collection, collection, review, finalization of the Annual Plan for ensuing year by 15th of

February YoY. Sign off from Partners and escalation as per manual for deviations.

Coordinate, Collate, Prepare and track the Monthly & Quarterly Progress reports of TP &

SSC

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Prepare a compendium of track able parameters in line to the agreement, proposal,

term sheet and Board approval – for the center wise expense , revenue, trainings to be

doe YoY , coverage of sectors/ trades, geographies, spread,

Preparation on Executive Summary for each Partners on a monthly basis, updating the

progress till date from day for each Partners,

Preparing State wise, partner wise, center wise , course wise update on a monthly basis

Ensure monthly updation of center wise ,course wise details on the map of India on

skillpedia

Sending monthly feedback letters to each Partner

Providing inputs on performance of the partners to facilitate NSDC to make decision on

fund disbursement. Recommendation basis the performance.

Performance evaluation of the partners based on the progress reports received

Physical site visits based on the random sampling

Coordinate with third party audit agency on behalf of NSDC for e.g in sourcing,

appointing, scope finalization, collecting reports, collating and review, and following up

with Partners for closure.

Support NSDC in monitoring the activities of call center agency or having their own call

centers

Monitoring the progress through monthly conference calls, making minutes the call

details and follow-up for closure of points discussed.

Obtain Utilization certificates from all Partners on a quarterly basis, review the same

and prepare a variance statement vis-à-vis their commitments in the proposal and send

feedback letter to Partners/ SSCs for variance as noted

Prepare the scorecard, financial ratios and submit an overall health report / dashboard

on financial and social parameters to the management of NSDC by 15th of subsequent

month of the quarter. A graphical/ pictorial representation of health/ performance of

Partners to be submitted on a quarterly basis on social and financial parameters.

Prepare Board presentations highlighting trend, analytical, deviations, risks, and

recommending corrective measures for improvement in performance of Partners in

Yellow and Red category

The above activities are further detailed in the sections below.

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3.2.1 Facilitate the kick-off meetings during the start-up phase

The CMU team is expected to coordinate, conduct and lead the kick-off meetings with all the

newly funded partners, before or after their first disbursement. The following broad level

activities are to be undertaken during the process:

Coordination with the newly funded partners/SSCs and NSDC for conducting a kick-off

meeting with them.

Sending meeting invite to each new partner/SSC approved and funded by NSDC as per their

availability.

Review of NSDC skill development partner agreements and preparation of compendium of

KPIs / financials/ geographical commitments, etc. for each partner before the kick-off

meetings.

Orientation of the new partners on monitoring processes and associated reporting

requirements, some of which are listed below:

o Partner should provide the annual delivery plans pertaining to the number of centers

with districts and states where centers are planned, course details, number of people

planned to be trained at each centers, probable employers, estimated expense.

o Partners should provide their monthly progress update by a fixed date each month, as

decided by NSDC. Say by 1st of every month through the SDMS.

o Partners must conform to NSDC Quality & Standards framework and obtain the NSDC QA

team’s validation before starting a new course.

o Partner should maintain the complete trainee details, employers’ details, as per the

report template etc.

o Partner should provide the information on new center, new course , batches passing out,

etc. at the beginning of the month

o Partners should start course after obtaining quality compliance from NSDC in terms of

NOS.

The primary focus of discussions and activities to be undertaken as a part of these kick-off

meetings, apart from any additional agenda identified by NSDC, are listed below:

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The relevant monitoring processes at NSDC.

The reporting requirements and their associated timelines for submission by Partners/SSCs.

The tools and templates to be used for reporting purpose.

Appointment of a nodal person for coordination on monitoring and evaluation activities

from each side (partner/SSC and NSDC).

The partner/SSC performance evaluation scorecard, its parameters, associated weightages

and the frequency of evaluation.

The assumptions in the agreement for center wise cost, geographical spread, trades ,

revenue per trainee, cost per trainee , business model, etc. needs to be discussed and

validated in the compendium

The milestones to be achieved by the partner/SSC and the associated timelines as per the

agreement.

3.2.2 Facilitate the meetings for annual planning and sign-off

At the start of every financial year, the partners and SSCs would be required to submit their

month-wise and quarter-wise annual plans respectively for the coming financial year.

Coordination with the partners/SSCs and NSDC for conducting the annual planning and sign-

off meeting with them.

Escalation for deviations as per the monitoring manual

The revised annual plan for the ensuing year must be signed off and submitted to NSDC

management by 15th of February YoY.

3.2.3 Coordinate, Collate, Prepare and track the Monthly Progress reports of partners

Coordinate with partners to ensure timely submission of monthly reports. The data received

from partners might range from a few hundreds to lakhs of data records. These records can

be about trainee details, center details, course details, employer details, geographical

details, etc.

Educate the partners on the reporting formats, templates and any other specific

information requirements.

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Assist and ensure the Partners for online enrolment of trainees for having real time data

and also for registering the course details and center details in the SDMS.

Ensure the SDMS sends automated alerts and also follow up with sending early reminders

to the partners for submission of the reports in the specified format and template.

Coordinate with the partners for early submission of reports in case of an urgent reporting

requirement from NSDC.

Review the monthly reports for any information gaps and highlight the same to the

respective partner through discussion on call. A snapshot of the process is listed below:

o Ensure receipt of monthly report by 1st of every month on SDMS.

o Review the filled template of each partner to verify completeness of data.

o Data missing areas are highlighted to partner.

o Data cleansing and consolidation by partners.

o Collation of the data based on the revised data received from the partners.

Preparation of the summary dashboard to give a snapshot of the monthly performance by

NSDC partners.

Get the trainee, employer and center data validated by validation calls for the correctness

of data reported thro’ owned / outsourced Call centres of through NSDC outsourced call

centers.

Analysis of the overall performance of all NSDC partners and highlighting any major trends

noticed during the process and also highlight specific challenges being faced by partners.

3.2.4 Coordinate, Collate, Prepare and track the Monthly and Quarterly Progress reports

of SSCs

Coordinate with the SSCs to ensure timely submission of monthly and quarterly reports.

o Educate the SSCs on the reporting formats and any other specific information

requirements.

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o Sending early reminders to the SSCs for submission of the reports.

o Any specific challenges faced by the SSCs and reported to the CMU team are

appropriately and promptly highlighted to NSDC.

Review the quarterly reports for any information gaps and highlight the same to the

respective SSC through discussion on call.

o Data is received from SSCs over email in a standard template.

o Review the filled template of each SSC to verify completeness of data.

o Data cleansing and consolidation by the SSCs.

o Collation of the data based on the revised data received from the SSCs.

Preparation of the summary dashboard to give a snapshot of the monthly/quarterly

performance by SSCs.

Analysis of the overall performance of all SSCs and highlighting any major trends noticed

during the process.

3.2.5 Providing center wise inputs on performance of the partners to facilitate NSDC to

make decision on fund disbursement

Assist the Monitoring & MIS team, NSDC in disbursement decision making by preparing an

observation note on the partner performance and recommending suitably.

o Assist monitoring team in release of funds by reviewing the performance and submitting

a recommendation report for disbursement basis the merit.

o During fund disbursements, partners are evaluated thoroughly on all the parameters

both financial and training related.

o Committed vs actual status on all parameters to be submitted as per their proposal

o The CMU team needs to ensure that all the pre-disbursement conditions mentioned in

the agreement and any previous undertakings by the partner/SSC are duly considered

while giving observations on their respective performance.

o The CMU team reviews the documents received from the partners and verifies that all

the required documents have been received and are complete in all aspects.

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o In case there are any discrepancies found in the documentation, the CMU team needs to

highlight the same to the MIS & Monitoring Team of NSDC and educate them on the

requisite documentation.

o CMU needs to take a pro-active approach and alert Partners ahead of time on

documentation required for disbursement.

o In case there are any major issues or discrepancies observed in the performance of the

partner/SSC, the CMU team will need to have meetings and discussions with the

partner/SSC representatives to gain an insight into the challenges.

3.2.6 Performance evaluation

A comprehensive scorecard has been developed for periodic evaluation of partners’

performance across a set of social excellence and financial excellence parameters. The

objectives of NSDC’s monitoring process has been given due attention while selecting the

scorecard parameters for evaluation. The following activities are to be undertaken:

o Evaluate the technical performance of partners and SSCs using the evaluation scorecard

on a periodic (quarterly and annually) basis.

o Evaluate the financial performance of partners and SSCs using the evaluation scorecard

on a periodic (quarterly and annually) basis.

o The parameters included in the scorecard are a mix of social, operational and financial

parameters and have been divided into two broad categories as given below:

Social excellence parameters – These are parameters which represent the operational

health of the partners, e.g., number of trainees vs. target, trainees placed vs. target,

etc.

Financial excellence parameters – These are parameters which represent the financial

health of the partners, e.g., earned revenue vs. target, fund utilization, etc.

o On the basis of the social and financial scores, an integrated final score is calculated using

an agreed ratio of 60:40 on social and financial score respectively.

The CMU team needs to collate the required information for scorecard preparation, from

the monthly and quarterly reports submitted by partners and SSCs respectively.

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The information collation exercise requires follow ups with partners to request for

information which is not readily available in the monthly / quarterly reporting formats of

partners/SSCs, for e.g., the information on financial ratios, etc.

The targets against which the performance will be evaluated might not always be available

for calculation in the quarterly or annual basis and hence, would need a logical proration

mechanism or betterment of the parameters, score card .

A critical partner and portfolio level dashboard need to be submitted for NSDC’s

management highlighting the risks and steps to be taken to improve the performance and

mitigate the risks.

Categorize the partners on the basis of their scores into ‘red’ ‘green’ and ‘yellow’ and

suggest actions to be taken accordingly. The following actions and support exercise are to

be undertaken:

a. Green: “On track”:

Basic monitoring to continue for “on-track”/“green” partners every quarter and the

learning will be shared with other partners.

However, if performance dips next quarter for previously “green” partners, the

following actions would be taken:

Partners will need to identify their challenges and reasons for poor performance

and provide NSDC with their plan to overcome these challenges and improve

performance.

Partners will need to provide a detailed and constructive future course of action

along with deviations and reasons for such deviations, duly verified by their

management.

b. Yellow: “Off track”

Focus on “off-track” or “yellow” partners each quarter.

Fund disbursement to such partners will be prorated based on the actual

performance.

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While the responsibility for performance improvement lies entirely with the partner,

NSDC may consider providing support for some partners, based on need, size, etc.

Where such support is offered the partner is expected to utilize it with full

cooperation.

Listed below are some means of providing handholding support.

Monthly calls with relevant stakeholders to understand the challenges and

recommend a solution.

Field visits to partner headquarters and/or centers to get on-field inputs.

Review with partner boards or management team.

c. Red

Partners will identify their challenges and reasons for poor performance and provide

NSDC with their plan to overcome these challenges and improve performance.

Partners will need to provide a detailed and constructive future course of action along

with deviations and reasons, duly verified by their management.




cooperation.

d. Consistent Red: “Watchlisted”

NSDC will take concrete decisions for “watchlisted” partners, including holding back

on due installment till certain conditions are met, restructuring of agreement,

exercising collateral and stopping further funding if needed.




cooperation.

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Analysis of the final scores and the comparative performance of each of the partners / SSCs.

The analysis would include any alerts or trends that need to be highlighted to the NSDC

management.

Post preparation of the scorecard, the CMU team needs to prepare a presentation on the

same along with the analysis, inferences and observations.

Any desired improvement in processes and systems to be recommended and implemented

upon approval of NSDC.

3.2.7. Data validation through field visits

An important aspect of validation process will be “partner center visits” based on NSDC’s

sampling mechanism. The evaluation results from the scorecard will be used as base for

calculation of number of samples to be visited.

On the basis of the scores given to the partners/SSCs they are categorized as:

o Green - Good performers

o Yellow - Average performers

o Red – Poor performers

After completing the scoring and placing the partners in the respective buckets of red green

and yellow, we need to determine the sample size of the field visits to be carried out for

each category.

The intent behind choosing a mix of red, yellow and green for validation is given below:

o Red – To find out the issues and challenges faced by the partner and any course

correction required

o Yellow – To find out the support that the partner requires to improve performance and

any course correction required

o Green – To find out the best practices being followed by the partner and to verify the

performance report at the ground level.

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3.2.8 Support NSDC in monitoring the activities of third party audit agency

Facilitate and support the Monitoring & MIS team at NSDC in sourcing and empanelment of

the third party audit agency for the purpose of management audit.

All partners will be audited by NSDC at least once every 2 years, and not more frequently

than once every 6 months (in addition to audits that may be conducted by partners

themselves).

Support Monitoring & MIS team, NSDC in monitoring the performance of 3rd party audit

agency based on their service level agreements (SLAs).

Assist the Monitoring & MIS team, NSDC in selecting the partners to be audited and ensure

audits on time.

Review of the audit reports and followup with Partners for correction / closure on time.

Ensure future compliance of the points raised and agreed by NSDC for good governance.

Review the deliverables and provide feedback on the performance of the agency to NSDC.

The responsibility of the performance of third party audit agency will be with NSDC. The

payments to the third party audit agency will be made by NSDC.

3.2.9 Support NSDC in monitoring the activities of call center agency or have own /

outsourced call center

Either has own / outsourced call center or support the Monitoring & MIS team at NSDC in

sourcing and empanelment of the call center agency.

Support Monitoring & MIS team, NSDC in monitoring the performance of call center agency

based on their service level agreements (SLAs) or monitor owned / outsourced call center

Analyze the reports submitted by the call center agency and report the summary to NSDC

with observations and recommendations on corrective measures to be undertaken.

Communication with Partners for corrective measures and closure of highlights of the

report.

Assist the Monitoring & MIS team, NSDC in providing the data, response requirements,

questionnaires, etc. to the call center agency.

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3.2.10 Performance reporting

Analysis of parameters such as average students trained per center, per trainee training

cost, per trainee revenue, capacity utilization of center, geographical coverage, students

trained per sector and courses can help NSDC observe the progress made on its overall

mandate. The report will be generated quarterly based on the evaluation of all the partners.

The purpose for the report is as given below.

o Snapshot of partner’s performance with respect to committed targets.

o Quality snapshot.

o Performance till date on training numbers, centers and placements.

o Partners performance on the score-card for the last three quarters highlighting major

reasons for the score achieved.

o Issues and learning identified from the partner.

o Quality of performance basis – employers, trained candidates etc.

Reporting monthly summary of partner performance across various parameters based on

the information received from the partners. The monthly summary dashboard will broadly

consist of the following information:

o Training target achievement

Year-to-date

Monthly

o Placement target achievement

Year-to-date

Monthly

o Quality compliance

As on date

Report the summary of project progress and analysis to the Monitoring & MIS team, NSDC.

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Master-sheets are to be prepared for each of the partners/SSCs, on a quarterly basis, which

will consist of consolidated information from the agreement of the respective partner/SSC.

This will also include the targets and achievement of the same by the partner/SSC.

The various other analysis and reporting activities include the following:

o Geographical coverage of partners/SSCs

o Course details and their alignment with NSDC guidelines, NOSs

o Male to Female ratio of trainees trained by the partners

o Centre wise projected commitments and actual performance

o Risks, trends, focus and concern areas

o Portfolio level report to Board

o Financial Ratios

o Centre wise costs and revenue, capacity utilization, people trained, placed, employers,

wage level course wise etc

3.2.11 Monitoring the progress through monthly conference calls

Attend monthly conference calls and discuss overall reporting and performance related

Partners’/SSCs’ and NSDC’s issues and concerns.

o These monthly conference calls throw open an effective channel where NSDC and SSCs

can jointly discuss the project performance, assistance required from NSDC, issues and

concerns and arrive at mutually agreeable solutions.

o Schedule monthly calls at the end of previous months for the subsequent months and

send reminders one day ahead.

o These calls are documented so as to keep a track of the discussed issues and the

associated action items, which can be reviewed in the subsequent call.

3.2.12 Quarterly Progress review of Partners & SSCs

At the end of every quarter, the partners and SSCs would need to report their performance

and progress for that quarter and the plans for the next quarter in a pre-defined template.

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Partners may come in person for a presentation at NSDC; however, the same is not

mandatory for them.

Analysis of quarterly performance with respect to targets projected for that quarter and

discussion on the achievements and challenges, if any.

Submission of consolidated report with trend, variances and achievements

Drafting of letters to Partners basis the review and findings

3.2.13 Data Analysis and Predications, centre wise, and portfolio wise

CMU to bring in the required analytical tools for providing the various analytical reports to

the management at Partner and portfolio level.

The tool should be able to integrate with the SDMS.

The tool should be able to provide insights on social and financial parameters and should be

able to provide predictive information and enable future planning.

Analyzing the learning’s from past years for better predictability in future?

Areas for improvement Partner wise

Performance of partners in a geography, say sector, trade wise

Employers in region, sector

Average wages in a trade , say partner wise , geography wise,

Best centers in terms of cost and revenue, capacity utilization, best placement etc.

State wise, partner wise, sector wise, trade wise, centre wise trainees data with

performance in terms of cost, revenue, capacity utilization, wage level, and impact of

training.

Best trades , which region, which Partner , which sector, which employer

Follow-up with Partners for clarifications on audit observations.

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3.2.14 Assistance in promoting use of software and ensuring data on Skill development

Management System SDMS and any other IT systems, tools in future

Assist / support/ monitor the deliverable of the software development, maintenance and

hoisting agencies.

Ensure 100% reporting on SDMS by all Partners – need to do necessary coordination

between Partner and software agencies as and when required.

Validation of data reported on line by partners.

Escalation for delayed submission , incomplete data, errors in data and other qualitative

issues.

Ensure that on monthly basis the center wise course data are uploaded on map on India on

the skillpedia and also on the NSDC website

3.2.15 Other key activities

Contract review and analysis of each partner and SSC in order to highlight any additions or

modifications required in the same, from the point of view of information required for

monitoring and evaluation activities.

Contract administration, review, escalates and corresponds with Partners/ SSCs for

deviations and corrective measures and also alerts.

Highlight if any items in the agreement are not in sync with the M&E policy / framework

and the same should be suitably discussed with the contract administration team for

further action.

Highlight any deviation reported to or request received by the CMU team, with regards to

the contract.

Support NSDC in analysis of financial trends and projection in the financial model of each

partner/SSC and comparison of the same with respect to the actual performance.

Assist NSDC in monitoring the implementation of SDMS by the implementing agency.

Preparation of updated list of all approved and funded partners with contact name, sectors,

geographies, committed numbers and committed amount etc.

Assist the Monitoring & MIS team in coordinating with partners for information collection

and analysis on any ad-hoc reporting requirements.

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Weekly report on the activities performed during the last week by the CMU team.

Drafting response to relevant official letters.

Preparing meeting minutes with partners/SSCs.

Preparing presentations for Board/PAC/PEC/ CEO/Chairman meetings related to the scope

of this document

Ensure prompt and accurate response to the queries from the CEO / Chairman / PMO /

Parliament / Board / PAC/ PEC / EC related to the scope of this document as per the

monitoring process.

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4. Key deliverables and timelines

S. No. Key Deliverable Timeline

1 Kick-off meetings Within 30 days of the board

approval of a partner/SSC

2 Monthly summary dashboard of partners Monthly by 1st of every month.

3 Quarterly summary dashboard for SSCs-

performance update Quarterly

4 Observation Note on the performance for

approval/rejection of fund disbursement by NSDC

Within 7 working days of

receiving all mandatory

documents. Response to

Partner in 48 hrs of receipt of

any email/ letter

5 Scorecard & financial ratios for performance

evaluation of partners, pictorial representations

Quarterly (by 25th of the next

month post quarter end) and

Annually

6 Scorecards & financial ratios for performance

evaluation of SSCs, pictorial representations

Quarterly (by 25th of the next

month post quarter end) and

Annually

7

Analysis of performance trends on the basis of

evaluation results from the scorecard.

Centre wise performance , geography wise

Quarterly and Annually

8

Report the summary of project progress and

analysis to the Monitoring & MIS team, NSDC top

management, PAC and Board on performance of

funded projects.

As and when the meetings are

conducted

9 Executive updates for each Partner On a monthly basis to be

updated

10

Analysis and reporting activities including the

following:

Centre wise performance analysis

Geographical coverage of partners/SSCs

Monthly/Quarterly

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Course details and their alignment with

NSDC guidelines

Male to Female ratio of trainees trained

by the partners

Sector-wise course details, training and

placement details, partners details and

geography details

Geography-wise training and placements

List of employers, category of employers,

wage level for same job type etc

11

Documentation of monthly conference calls with

partners. Follow-ups to continue till closure of the

highlighted action points.

Monthly

12 Data validation by Headquarter and center visits.

Semi-annual, i.e. after

preparation of scorecards of

two consecutive quarters

13 Verification check-list, to be used during the visits

to headquarters/centers.

Before the start of visits as per

agreed schedule

14 Partner headquarter/center visit report




15 SSC visit report




16

Review meeting with each of the operational

partners and SSCs who have been active for more

than a quarter

Scorecard generation

and quarterly performance review reports

Quarterly

17

Consolidation of data received from all partners

at the end of each financial year.

Preparation of annual performance report for

each Partner and SSC

Annual

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18 Weekly report on the key activities undertaken by

the CMU team. Weekly

All above functions to be primarily carried on through the SDMS and other tools as required. It

would be endeavor of the agency to promote real time data receipt, collation, consolidation

and reporting. All necessary support and assistance for usage of SDMS by Partners and for

maintenance by system integrator should be extended proactively.

5. Payment terms

S. No Description Indicative timeline

Amount

(without Tax)

INR

Amount

(Inclusive of all

taxes*) INR

A

Ongoing Progress

Monitoring and

Evaluation fees (will be

billed quarterly)

Once a quarter,

starting End of 1st

Quarter. In the

second month of

subsequent

quarter.

B Total fees

Fees for 12

Months

(equals A X 12)

*Service Tax extra at the prevailing rate. The service may vary as per the rate defined by the

government of India and will be appropriately considered during disbursement.

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6. Duration of contract

The contract will be effective for one year from the signing of the agreement with NSDC and

may be renewed by NSDC at its sole discretion and subject to satisfactory performance of

services by the Agency.

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Format for Pre-Qualification Proposal Annexure I

I. Organization profile

Company/ firm information

Certificate of incorporation

Financial health (turnover/ profits) of the Agency in the last 3 financial years

II. Experience of project involving project management/monitoring for a central/state

government (Please attached supporting documents in the form of contract copy, client

letter etc.)

Assignment name:

Approx. value of the contract (in Indian

Rupees):

Approx. value of the project outlay (in

Indian Rupees)

Country:

Location within country:

Duration of assignment (months):

Name of Client:

Address:

Start date(month/year):

Completion date(month/year):

Total No of staff-months of the

assignment:

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Name of senior professional staff of

your firm involved and

functions performed:

Narrative description of Project:

Description factual services provided by your staff within the assignment:

III. Self-declaration on the number of advisors in the area of project management/

monitoring

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Format for Technical Proposal Annexure II

The technical proposal should contain the following information. Bidders can provide additional

information to support their bid.

I. Experience (Please attached supporting documents in the form of contract copy, client

letter for their top clients in last 5 years etc.)

Assignment name:

Approx. value of the contract(in Indian

Rupees):

Approx. value of the project outlay (in

Indian Rupees)

Country:

Location within country:

Duration of assignment (months):

Name of Client:

Address:

Start date(month/year):

Completion date (month/year):

Total No of staff-months of the

assignment:

Name of senior professional staff of

your firm involved and

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functions performed:

Narrative description of Project:

Description of actual services provided by your staff within the assignment:

II. Approach and methodology for the engagement

Understanding of NSDC requirements, objectives and scope

Planned activities and output

Methodology of carrying out the activities

Tools to be used

Data Capture Mechanism / Formats / Manuals

Work plan

III. Resources proposed for the engagement

Team structure

Team roles and responsibilities

CVs for Project Manager, Team Leader and Team Members

Team size

Network of offices / associates across India

Tools / softwares

IV. Format for providing CVs for Project Manager, Team Leader and Team Members

1. Proposed Position:

2. Name of Firm:

3. Name of Staff:

4. Date of Birth:

5. Nationality:

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6. Education:

Indicate college/university and other specialized education of staff member, giving names of

institutions, degrees obtained:

Degree University/ Institution Year in which obtained

7. Membership of Professional Associations:

8. Other Training:

9. Countries of Work Experience: List countries where staff has worked in the last ten years

10. Languages: For each language indicate proficiency: good, fair, or poor in speaking,

reading, and writing

Language Speaking Reading Writing

11. Employment Record: Starting with present position, list in reverse order every

employment held by staff member since graduation, giving for each employment (see

format here below): dates of employment, name of employing organization, positions held

From: To:

Employer

12. Detailed Tasks Assigned: List all tasks to be performed under this Assignment/job

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13. Work Undertaken that Best Illustrates the experience as required for the Role

Among the Assignment/jobs in which the staffs has been involved, indicate the following

information for those Assignment/ jobs that best illustrate staff capability to handle the tasks

listed under point 12.

Name of assignment/job

or project

Name of the client

Year

Location

Main Project Features

Position Held

Activities performed

14. I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly

describes me, my qualifications, and my experience. I understand that any wilful

misstatement described herein may lead to my disqualification or dismissal, if

engaged.

Date:

Place:

________________________________

[Signature of staff member or authorized representative of the staff]

Full name of authorized representative:

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Format for Financial Proposal Annexure III

S.

No. Description Amount (without tax)

Amount (inclusive of

all taxes)

A

Retainer fees per month for

Complete Central Monitoring

(considering x no. of

manpower) with all tools and

systems as required per the

scope.

B Total for 12 months

Note:

1. In case of any discrepancy in multiplication or totaling, NSDC will treat the Highest of the

calculated or stated numbers as the Bidder’s Financial Proposal.

2. Total Fees (row D above), inclusive of all taxes, will be used in calculating the financial score

(Sf) of the proposal.

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TERMS AND CONDITIONS

The Contract/ Agreement between NSDC and the Central Monitoring Agency are subject to the

terms and conditions set forth below:

1.1 CONTRACT DOCUMENTS

The Proposer shall not, without prior written consent from NSDC, disclose the Contract or any

provision thereof or any specification, plan, drawing, pattern, sample or information furnished

by or on behalf of NSDC in connection therewith, to any person other than a person employed

by the Proposer in the performance of the Contract. Disclosure to any such employed person

shall be made in confidence and shall extend only so far, as may be necessary for purposes of

such performance.

The Proposer shall not, without prior written consent of NSDC, make use of any document or

information made available for the project, except for purposes of performing the Contract.

All project related documents issued by NSDC, other than the Contract itself, shall remain the

property of NSDC and shall be returned (in all copies) to NSDC, on completion of the

Proposer’s performance under the Contract if so required by NSDC.

1.2 INTERPRETATION

In case of any ambiguity in the interpretation of any of the clauses in the tender document, the

interpretation of the clauses by Authorized Representative of NSDC shall be final and binding on

all parties.

1.3 COMMUNICATIONS

Wherever Conditions provide for the giving or issuing of approvals, certificates, consents,

determinations, notices, requests and discharges, these communications shall be:

(a) in writing and delivered against receipt; and

(b) Delivered, sent or transmitted to the address for the recipient’s communications as stated

in the Contract.

1.4 LANGUAGE

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The proposal and all correspondence and documents related to the proposal exchanged by the

Proposer and NSDC should be in English. Supporting documents and printed literature

furnished by the Proposer may be in any language other than English provided they are

accompanied by an accurate translation of the relevant passages in English language.

Supporting material, which is not translated in English, will not be considered for evaluation.

For the purpose of evaluation and interpretation of the proposal, the English language

translation shall prevail.

1.5 TIME FOR COMMENCEMENT AND COMPLETION

The Proposer shall commence work on the Framework within the period specified and without

prejudice, the Proposer shall thereafter proceed in accordance with the time schedule

specified in the Implementation Schedule and any refinements made in the agreed and

finalized Project Plan.

The Proposer shall attain completion of the project or of a part where a separate time for

completion of such part is specified in the Contract, within the time stated or within such

extended time to which the Proposer shall be entitled.

1.6 PROPOSER’S ROLES AND RESPONSIBILITIES

The Proposer will be responsible for the activities as defined under the Scope of Work section

1.7 TERMS OF PAYMENT

1.7.1 NSDC shall follow the payment schedule as given in Section 5 of the Terms of reference

in the RFP.

1.7.2 NSDC’s authorized representative shall certify actual implementation. The Service

Provider must provide support for the duration of contract and after completion of

contract period unless extended for another term, the Service Provider has to ensure

proper hand‐holding of the system to any new parties that NSDC may contract with.

1.7.3 The Service Provider’s request(s) for payment shall be made to NSDC in writing,

accompanied by an invoice describing, as appropriate, the service provided. The

Service Provider will define the services performed and substantiate with documents

the fulfillment of obligations as stipulated in the Contract.

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1.7.4 Payments shall be made promptly by NSDC after submission of the invoice or claim by

the Service Provider and upon verification and certification by the concerned official. In

case the NSDC representative is not satisfied with the quality of service delivery and

the detailing of work of the Service provider, he/ she shall return the invoice advising

needful changes or improvement in the quality of delivery or the additional incomplete

work which is expected to be delivered by the service provider. The decision of the

NSDC representative shall be final and binding. In such cases, the Service Provider and

the NSDC representative shall within a week sign-off a mutually agreed date for

completing of the desired activity and resubmission of the invoice.

1.7.5 Payments shall be made in Indian Rupees/ INR.

1.7.6 Prices:

1.7.6.1 Amount payable to the Service Provider as stated in the Contract shall remain

non-negotiable and fixed during the tenure of the Contract.

1.7.6.2 The prices quoted shall not be conditional /optional and it should be in line with the

technology and approach presented during the Approach & Methodology Presentation

by the Service Provider before the Committee and in compliance with RFP and all

corrigendum uploaded on website. The Proposer shall not submit conditional /

optional proposals. Conditional / optional proposals are liable to be out rightly

rejected.

1.8 TAXES AND DUTIES

For all services supplied, the Proposer shall be entirely responsible for all taxes, duties, license

fees, etc., incurred until delivery of the contracted products or services to the Employer. If any

rates of Tax are increased or decreased, a new Tax is introduced, an existing Tax is abolished, or

any change in interpretation or application of any Tax occurs in the course of the performance

of Contract, which was or will be assessed on the Proposer or its employees in connection with

performance of the Contract, an adjustment as per the terms of this RFP shall be applicable and

Contract Price shall be made to take into account any such change in such manner as

prescribed herein the RFP. However, for all tools, systems and others if any being used as

enablers for the delivery of contract, all tax liability on such products/ licenses shall be to

Service Providers account.

1.9 INTELLECTUAL PROPERTY RIGHTS (IPR)

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1.9.1 During the Subscription phase, the responsibility to maintain the IPR of any BI or PMO

Tool / Application(s) provided by the selected Proposer would lie with the selected

Proposer and the Proposer will transfer the IPR to NSDC or its nominated agency during

the Transfer stage, which could be post the subscription period or an extended subscription

period. Following conditions apply:

1.9.2 Ownership and Title: Title to the software, any enhancements, point updates and

documentation, including ownership rights to patents, copyrights, trademarks and trade

secrets therein shall be the exclusive property of NSDC.

1.9.3 Reverse Engineering: The operator shall not reverse engineer any minor, major

enhancement or point update.

1.9.4 Confidentiality: The Proposer hereby acknowledges that the minor enhancements,

point updates, and documentation may contain information that may be trade secret and

proprietary to NSDC. The Proposer hereby agrees not to disclose such information except

to persons and organizations expressly authorized by NSDC to receive such information. The

Proposer shall not remove or alter any copyright notices or proprietary legends affixed by

NSDC to such minor enhancements, point updates or documentation.

1.9.5 Copies: The Proposer shall make available to NSDC an additional copy of the minor

enhancements, point updates and documentation for back-up use on the computer.

1.9.6 Limitation of Damages: The Proposer shall not be liable for any failure to perform its

services because of circumstances beyond the control of Proposer, where such

circumstances shall include (without limitation) natural disaster, terrorism, labor disputes,

war, declarations of governments, transportation delays, and misuse of the Software by

NSDC.

1.9.7 WARRANTY/ INDEMNITY:

The Proposer hereby represents and warrants that (i) the Services/Products as supplied,

installed, tested and accepted; (ii) use of the Services/Products in accordance with the

Contract; and (iii) copying of the Software and Documentation provided to the Employer in

accordance with the Contract do not and will not infringe any Intellectual Property Rights held

by any third party and that it has all necessary rights or at its sole expense shall have secured in

writing all transfers of rights and other consents necessary to make the assignments, licenses,

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and other transfers of Intellectual Property Rights and the warranties set forth in the Contract,

and for the Employer to own or exercise all Intellectual Property Rights as provided in the

Contract. Without limitation, the Proposer shall secure all necessary written agreements,

consents, and transfers of rights from its employees and other persons or entities whose

services are used for Project execution.

1.10 SERVICES AND PRODUCT AGREEMENTS

The ownership of all framework, manual, templates, tools and application developed and to be

deployed as part of the project would be in the name of NSDC and the original copy of the same

shall be deposited by the successful Proposer at the office of NSDC after successful

implementation of the same. The proposer indemnifies claim to such product and services and

shall not replicate to any other client of his or his associates.

1.11 CONFIDENTIAL INFORMATION

The Employer/NSDC (“the Disclosing Party”) and the Proposer/ Proposer (“the Receiving

Party”) shall keep confidential and shall not, without the written consent of the other Party

hereto, divulge to any third Party any documents, data or other information furnished directly

or indirectly by the other Party hereto in connection with the Contract (Confidential

Information), whether such information has been furnished prior to, during or following

termination of the Contract.

The Proposer is deemed to be the Receiving Party of Confidential Information generated by

the Proposer itself in the course of the performance of its obligations under the Contract and

relating to the businesses, finances, Proposers, employees, or other contracts of the Employer.

The Employer shall not, without the Proposer’s prior written consent, use any Confidential

Information received from the Proposer for any purpose other than the operation and

maintenance of the project. Similarly, the Proposer shall not, without the Employer’s prior

written consent, use any Confidential Information received from the Employer for any purpose

other than those that are required for the performance of the Contract.

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1.12 AUTHORISED REPRESENTATIVES

1.12.1 Employer’s Representative

The Employer/NSDC shall appoint and notify the Proposer/ Proposer in writing the name of

the Competent Authority /Officer. The Employer may from time to time appoint some other

person as the Competent Authority /Officer in place of the person previously so appointed and

shall give a notice of the name of such other person to the Proposer without delay. No such

appointment shall be made at such a time or in such a manner as to impede the progress of

work on the Facilities. Such appointment shall only take effect upon receipt of such notice by

the Proposer.

The Competent Authority /Officer shall represent and act for the Employer at all times during

the performance of the Contract. All notices, instructions, orders, certificates, approvals and all

other communications under the Contract shall be given by the Competent Authority /Officer,

except as herein otherwise provided.

All notices, instructions, information and other communications given by the Proposer to the

Employer under the Contract shall be given to the Competent Authority /Officer, except as

herein otherwise provided.

1.12.2 Proposer’s Representative

If the Proposer’s Representative is not named, the Proposer shall appoint the Proposer’s

Representative and shall request the Employer in writing to approve the person so appointed.

The request must be accompanied by detailed curriculum vitae for the nominee, as well as

description of any other responsibilities the nominee would retain while performing the duties

of the Proposer’s Representative. If the Employer does not object to the appointment, the

Proposer’s Representative shall be deemed to have been approved. If the Employer objects to

the appointment giving the reason therefore, then the Proposer shall appoint a replacement

of such objection.

1.12.3 Objections and Removals

The Employer may by notice to the Proposer object to any representative or person employed

by the Proposer in the execution of the Contract who, in the reasonable opinion of the

Employer, may have behaved inappropriately, be incompetent, or be negligent. The Employer

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shall provide evidence of the same, whereupon the Proposer shall remove such person from

work.

1.13 PROJECT PLANNING AND PERFORMANCE

1.13.1 The agreed and finalized Project Plan will be prepared by the Proposer and

approved by the Employer/ NSDC. If required, the impact on the Implementation

Schedule of modifications agreed during finalization of the agreed and finalized

Project Plan shall be incorporated in the Contract by amendment.

1.13.2 Proposer shall undertake to supply, install, test, and commission the Services in

accordance with the agreed and finalized Project Plan.

1.13.3 The progress report and other reports shall be prepared by the Proposer and

submitted to the Employer in the format and frequency specified.

1.13.4 If at any time the Proposer’s actual progress falls behind the project schedule

described in the agreed and finalized Project Plan, or it becomes apparent that it

will so fall behind, the Proposer shall, at the request of the Employer’s Competent

Authority /Officer, prepare and submit to the Competent Authority /Officer, a

revised project schedule, taking into account the prevailing circumstances, and shall

notify the Competent Authority /Officer of the steps being taken to expedite

progress so as to attain completion of the facilities within the stated time for

completion.

1.13.5 NSDC, as per rules, through its officials can undertake audit of the information

provided by the vendor at any point of time. The vendor must provide support and

access to the data and its offices meant for the project. In case of any dispute,

NSDC’s decision will be final and binding on the vendor.

1.13.6 In case NSDC through audit or otherwise finds that the vendor has purposefully

committed any irregularity, NSDC has the right to terminate the contract with

immediate effect.

1.14 SUBCONTRACTING (AREAS THAT CAN BE SUBCONTRACTED, EXTENT ETC)

In case required, the Proposer shall seek permission and submit the list of sub- Proposers to

the Employer for its prior approval in writing. Such approval by the Employer of a sub-

Proposer(s) shall not relieve the Proposer from any of its obligations, duties, or responsibilities

under the Contract.

1.15 TRANSPORT AND DELIVERY

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Delivery Schedule will require the explicit written consent of the Employer. The Proposer shall

bear responsibility for deliveries and cost of transport to the Project Sites. Unless otherwise

specified, the Proposer shall be free to use transportation through carriers registered in the

Country.

1.16 PRODUCT UPGRADES

At any point during performance of the Contract, should technological advances be introduced

by the Proposer for the IT Services originally offered by the Proposer in its proposal and still

to be delivered, the Proposer shall be obligated to offer to the Employer the latest versions of

the available information technologies having equal or better performance or functionality at

the same or lesser unit prices.

1.17 INSPECTION AND TESTING

NSDC and/or its representative reserve the right of inspection of processes being followed by

the Proposer anytime during the period of the contract. NSDC reserves the right to inspect,

test and, wherever necessary, reject the monitoring framework, templates, or manual or

program management processes. This shall in no way be limited or waived by reason of having

previously been inspected and passed by NSDC or its representative prior to the Pilot

implementation.

1.18 OPERATIONAL FRAMEWORK ACCEPTANCE

Implementation of the Operational Framework shall be commenced by the Proposer

immediately after intimation of acceptance is issued by the Employer’s Representative.

The Employer shall supply the operating and technical personnel and all materials and

information reasonably required to enable the Proposer to carry out its obligations with

respect to implementation of the monitoring operational framework.

The Operational Acceptance Tests shall be the primary responsibility of the Employer, but shall

be conducted with the full cooperation of the Proposer during Commissioning of the IT

Application to ascertain whether they conform to the requirements and meets the standard of

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performance quoted in the Proposer’s proposal, including, but not restricted to, the functional

and technical performance requirements.

If, for reason attributable to the Employer, the Operational Acceptance Test of the IT

Application cannot be successfully completed within the period specified, from the date of

Installation or any other period agreed upon in writing by the Employer and the Proposer, the

Proposer shall be deemed to have fulfilled its obligations with respect to the technical and

functional aspects.

If the IT Application fails to pass the Operational Acceptance Test(s) then either:

The Employer may consider terminating the Contract, or

If the failure to achieve Operational Acceptance within the specified time period is a

result of the failure of the Employer to fulfill its obligations under the Contract, then the

Proposer shall be deemed to have fulfilled its obligations with respect to the relevant

technical and functional aspects of the Contract.

1.19 COMPLETION TIME GUARANTEE

The Proposer guarantees that it shall complete the project within the time period specified in

the Implementation Schedule and/or Agreed and Finalized Project Plan or within such extended

time to which the Proposer shall be entitled to.

1.20 DEFECT LIABILITY

The Proposer warrants that all Services/Products to be delivered under this contract:

shall be free from defects in the design and workmanship;

are newly manufactured, unused, and incorporate all recent material

improvements in design; and

complies with or exceeds the Technical Specifications

Commercial warranty provisions of products supplied under the Contract

shall apply to the extent that they do not conflict with the provisions of this

Contract.

In addition, the Proposer warrants that:

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The Warranty Period shall commence from the date of Operational Acceptance of the IT

Services. If during the Warranty Period any defect should be found in the design,

documentation, and workmanship of the Services provided by the Proposer, the Proposer

shall promptly, in consultation and agreement with the Employer regarding appropriate

remedying of the defects, and at its sole cost, repair, replace, or otherwise make good (as the

Proposer shall, at its discretion, determine) such defect as well as any damage to the Products

and/or Services caused by such defect.

1.21 FUNCTIONAL GUARANTEES

The Proposer guarantees that during the Operational Acceptance, the IT Services shall attain

the Functional Guarantees, subject to and upon the conditions therein specified.

If, for reasons attributable to the Proposer, the minimum level of the Functional Guarantees is

not met either in whole or in part, the Proposer shall at its own cost and expense make such

changes, modifications and/or additions to the Services or any part thereof as may be

necessary to meet at least the minimum level of such Guarantees. The Proposer shall notify

the Employer upon completion of the necessary changes, modifications and/or additions, and

shall request the Employer to repeat the Operational Acceptance Test until the minimum level

of the Guarantees has been met. If the Proposer eventually fails to meet the minimum level of

Functional Guarantees, the Employer may consider termination of the Contract.

1.22 LIMITATION OF LIABILITY

Except in cases of criminal negligence or willful misconduct and Intellectual Property Rights

Indemnity claims:

neither Party shall be liable to the other Party, whether in contract, tort, or otherwise,

for any indirect or consequential loss or damage, loss of use, loss of production, or loss

of profits or interest costs, which may be suffered by the other Party in connection with

the Contract, other than specifically provided as any obligation of the Party in the

Contract, and

The aggregate liability of the Proposer to the Employer, whether under the Contract, in

tort or otherwise, shall not exceed the Contract Price, provided that this limitation shall

not apply to any obligation of the Proposer to indemnify the Employer with respect to

patent infringement.

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1.23 CRIMINAL CHARGES AND CONVICTION

The Proposer warrants that it has disclosed and will continue to disclose during the term of

this Contract full details of all criminal convictions and all pending criminal charges against it or

any of its personnel and associates that would reasonably be expected to adversely affect the

Proposer or the Proposer’s capacity to fulfill its obligations under this contract.

1.24 CARE OF IT PRODUCTS AND/OR SERVICES

The Proposer shall be responsible for the care and custody of the IT Products and/or Services

or any part thereof until the date of completion of the Project, where the contract provides for

completion of the in parts, until the date of completion of the relevant part, and shall make

good at its own cost any loss or damage that may occur to the IT Products and/or Services or

the relevant part thereof from any cause whatsoever during such period.

1.25 LOSS OF OR DAMAGE TO PROPERTY; ACCIDENT OR INJURY TO WORKERS

The Proposer shall abide by the job safety, insurance, customs, and immigration measures

prevalent and laws in force in the India. The Proposer shall indemnify and hold the Employer

and its employees and officers harmless from and against any and all suits, actions or

administrative proceedings, claims, demands, losses, damages, costs, and expenses of

whatsoever nature, including attorney’s fees and expenses, in respect of the death or injury of

any person or loss of or damage to any property by reason of the negligence of the Proposer

or its employees, officers or agents.

1.26 INSURANCE

The Proposer shall maintain standard forms of comprehensive insurance including liability

insurance, system and facility insurance and any other insurance for the personnel, assets, data,

software, etc. and submit the list of all the insured items to NSDC prior to the start of

operations.

1.27 FORCE MAJEURE

Neither Party to this Agreement or to the SLA shall be liable to the other for any loss or

damage which may be suffered by the other due (directly) to the extent and for the

duration of any cause beyond the reasonable control of the Party unable to perform

(“Force Majeure”) events such as but not limited to acts of God not confined to the

premises of the Party claiming the Force Majeure, flood, drought, lightning or fire,

earthquakes, strike, lock-outs beyond its control, labor disturbance not caused at the

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instance of the Party claiming Force Majeure, acts of government or other competent

authority, war, terrorist activities, military operations, riots, epidemics, civil commotions

etc. No failure, delay or other default of any Proposer to either Party shall entitle such

Party to claim Force Majeure.

The Party seeking to rely on Force Majeure shall promptly, within 2 days, notify the

other Party of the occurrence of a Force Majeure event as a condition precedent to the

availability of this defense with particulars detail in writing to the other Party and shall

demonstrate that it has and is taking all reasonable measures to mitigate the events of

Force Majeure.

In the event the Force Majeure substantially prevents, hinders or delays the Proposer’s

performance of Services necessary for the operation of Project’s critical business

functions for a period in excess of 5 days, NSDC may declare that an emergency exists.

NSDC will issue a notice to the Proposer to resume normal services at all affected sites

and for all operations within a period of 7 days. In the event that the Proposer is not

able to resume services within the next 7 days, NSDC may terminate the Agreement

and/or obtain substitute performance from an alternate Proposer. However, the event

of Force Majeure is to be reviewed under two categories i.e. prior to commencement of

operations and post commencement of operations respectively.

Prior to commencement of operations: If the event of Force Majeure occurs prior to

commencement of operations and continues for a period in excess of 10 days, then

NSDC will grant a period of 7 days to the Proposer to resume normal activities under

this Agreement. In case the default continues, then NSDC may discuss the issue with the

Proposer and revise the existing timelines for the Project. If the Proposer does not

complete the Project Implementation in accordance with the revised timeless, NSDC will

have the option to terminate this Agreement.

Post commencement of operations: If Force Majeure occurs post commencement of

operations and continues for a period in excess of five days, then NSDC will grant a

period of 7 days to the Proposer to resume normal services under this Agreement. In

case the default continues, NSDC may grant an extension of time to the Proposer for

rectifying the situation. However, NSDC will deduct for each day of the extension period

a percentage proportionate to the number of days and the affected areas/s from the

next payable amount as per Payment Schedule. If there is any further delay despite the

extended period, NSDC will have the option to terminate the Agreement.

Notwithstanding the terms of this section, the failure on the part of the Proposer under

the SLA to implement any disaster contingency planning and back-up and other data

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safeguards in accordance with the terms of the SLA against natural disaster, fire,

sabotage or other similar occurrence shall not be an event of Force Majeure.

1.28 CHANGE IN LAWS AND REGULATIONS

If after the date of proposal submission, any law, regulation, ordinance, order or by-law having

the force of law is enacted, promulgated, abrogated or changed which shall be deemed to

include any change in interpretation or application by the competent authorities, that

subsequently affects the costs and expenses of the Proposer and/or the Time for Completion,

the Contract Price shall be correspondingly increased or decreased, and/or the Time for

Completion shall be reasonably adjusted to the extent that the Proposer has thereby been

affected in the performance of any of its obligations under the Contract.

1.29 COMPLIANCE WITH LAWS

The Proposer shall undertake to observe, adhere to, comply with and notify NSDC about all

laws in force or as are made applicable in future, pertaining to or applicable to the

Proposer, their business, their employees or their obligations towards employees and all

purposes of this tender and shall indemnify, keep indemnified, hold harmless, defend and

protect NSDC and its employees/officers/staff/ personnel/representatives/agents from any

failure or omission on its part to do so and against all claims or demands of liability and all

consequences that may occur or arise for any default or failure on its part to conform or

comply with the above and all other statutory obligations arising there from.

The Proposer shall promptly and timely obtain all such consents, permissions, approvals,

licenses, etc, as may be necessary or required for any of the purposes of this project or for

the conduct of their own business under any applicable Law, Government

Regulation/Guidelines and shall keep the same valid and in force during the term of the

project, and in the event of any failure or omission to do so, shall indemnify, keep

indemnified, hold harmless, defend, protect and fully compensate NSDC and its employees/

officers/ staff/ personnel/ representatives/agents from and against all claims or demands

of liability and all consequences that may occur or arise for any default or failure on its part

to conform or comply with the above and all other statutory obligations arising there from

and NSDC shall give notice of any such claim or demand of liability within reasonable time

to the Proposer.

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The Proposer agrees that the Proposer shall not be entitled to assign / sub lease any or all

of its rights and or obligations under this tender and subsequent Agreement to any entity

including Proposer’s affiliate without the prior written consent of NSDC.

1.30 EXTENSION OF TIME FOR COMPLETION

The Time(s) for Completion shall be extended if the Proposer is delayed or impeded in the

performance of any of its obligations under the Contract by reason of any of the following:

any occurrence of Force Majeure or unforeseen conditions

any changes in laws and regulations

any default or breach of the Contract by the Employer, or any activity, act or omission of

the Employer, or the Nodal Officer, or any other Proposers employed by the Employer;

or

Any other matter specifically mentioned in the Contract by such period as shall be fair

and reasonable in all the circumstances and as shall fairly reflect the delay or

impediment sustained by the Proposer.

1.31 SUSPENSION

No order of suspension or termination of implementing Proposer would be issued by NSDC

except after conducting an enquiry by an officer of NSDC, authorized in this regard.

The grounds for suspension / termination of implementing Proposer may include inter alia

Contravention of the conditions/clauses as would be specified in the Contract/Letter of

Appointment.

Inability to perform the duties and requirements as would be specified in the contract.

1.32 TERMINATION FOR PROPOSER’S DEFAULT

The Employer, without prejudice to any other rights or remedies it may possess, may terminate

the Contract forthwith in the following circumstances by giving a notice of termination and its

reasons therefore to the Proposer:

if the Proposer becomes bankrupt or insolvent, has a receiving order issued against

it, compounds with its creditors, or, if the Proposer is a corporation, a resolution is

passed or order is made for its winding up, (other than a voluntary liquidation for the

purposes of amalgamation or reconstruction), a receiver is appointed over any part of

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its undertaking or assets, or if the Proposer takes or suffers any other analogous

action in consequence of debt;

if the Proposer, in the judgment of the Employer has engaged in corrupt, fraudulent,

coercive or collusive practices in competing for or in executing the Contract, including

but not limited to willful misrepresentation of facts concerning ownership of

Intellectual Property Rights in, or proper authorization and/or licenses from the owner

to offer the hardware, software, or materials provided under the Contract.

If the Proposer:

has abandoned or repudiated the Contract;

has without valid reason failed to commence work on the project promptly;

persistently fails to execute the Contract in accordance with the Contract or

persistently neglects to carry out its obligations under the Contract without

just cause;

refuses or is unable to provide sufficient Documentation, Services, or labor to

execute and complete the project in the manner specified in the agreed and

finalized Project Plan then the Employer may, without prejudice to any other

rights it may possess under the Contract, give a notice to the Proposer

stating the nature of the default and requiring the Proposer to remedy the

same. If the Proposer fails to remedy or to take steps to remedy the same

within fourteen (14) days of its receipt of such notice, then the Employer may

terminate the Contract forthwith by giving a notice of termination to the

Proposer.

Upon receipt of the notice of termination, the Proposer shall, either immediately or upon such

Date as is specified in the notice of termination,

cease all further work, except for such work as the Employer may specify in the notice

of termination for the sole purpose of protecting that part of the project already

executed, or any

work required to leave the Site in a clean and safe condition;

deliver to the Employer the part of the project executed by the Proposer up to the

date of termination;

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to the extent legally possible, assign to the Employer all rights, title and benefit of the

Proposer to the Project as of the date of termination, and, as may be required by the

Employer

Deliver to the Employer all drawings, specifications, and other documents prepared by

the Proposer as of the date of termination in connection with the Project.

1.33 DISPUTES AND ARBITRATION

1.33.1 Arbitration

Any controversy or claim arising out of or relating to this project and the services to be

rendered by Proposer under or pursuant to this project Agreement, the interpretation hereof,

or its breach shall, if not resolved by mutual discussions between the parties, be settled by

binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. Arbitration

shall be conducted in New Delhi in English language.

1.33.2 JURISDICTION

All disputes and controversies between NSDC and Proposer shall be subject to the exclusive

jurisdiction of the Courts at New Delhi the parties agree to submit themselves to the

jurisdiction of such court. This Project agreement shall be governed by the laws of India.

1.34 REPRESENTATIONS AND WARRANTIES

a) The Proposer warrants that they have obtained all necessary corporate approvals to

enter into an Agreement and that no consent, approval, or RFP Document for Skill

Development Management System for NSDC, no withholding of objection is required

from any governmental authority with respect to the entering into or the performance

of this project.

b) The Proposer further warrants that they are under no obligation or restriction, nor

shall they assume any such obligation or restriction, that would in any way interfere or

conflict with, or that would present a conflict of interest concerning, any obligations

under this project .

c) Proposer warrants that it shall perform the Services in a professional and workmanlike

manner and materially in accordance with the applicable specifications in the RFP.

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d) The Proposer represents that it is duly incorporated, validly existing and in good

standing under as per the laws of the state in which such Party is incorporated.

e) The Proposer represents that it has the corporate power and authority to enter into

Agreements and perform its obligations there under. The execution, delivery and

performance of terms and conditions under Agreements by such Party and the

performance of its obligations there under are duly authorized and approved by all

necessary action and no other action on the part of such Party is necessary to authorize

the execution, delivery and performance under an Agreement.

f) The Proposer represents that the submission of responses to the RFP execution,

delivery and performance under an Agreement entered in case the Proposer is

selected:

Will not violate or contravene any provision of its documents of

incorporation;

Will not violate or contravene any law, statute, rule, regulation, licensing

requirement, order, writ, injunction or decree of any court, governmental

instrumentality or other regulatory, governmental or public body, agency or

authority by which it is bound or by which any of its properties or assets are

bound;

Except to the extent that the same have been duly and properly completed

or obtained, will not require any filing with, or permit, consent or approval of

or license from, or the giving of any notice to, any court, governmental

instrumentality or other regulatory, governmental or public body, agency or

authority, joint venture party, or any other entity or person whatsoever;

To the best of its knowledge, after reasonable investigation, no

representation or warranty by such Party in this Agreement, and no

document furnished or to be furnished to the other Party to this Agreement,

or in connection herewith or with the transactions contemplated hereby,

contains or will contain any untrue or misleading statement or omits or will

omit any fact necessary to make the statements contained herein or therein,

in light of the circumstances under which made, not misleading. There have

been no events or transactions, or facts or information which has come to, or

upon reasonable diligence, should have come to the attention of such Party

and which have not been disclosed herein or in a schedule hereto, having a

direct impact on the transactions contemplated hereunder.

request for proposal (rfp) assignment title: monitoring of … · 2018-01-10 · shaheed jeet singh...

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