(SEPTEMBER-2014)

No. 41(1)/NMCP/TEQUP/Evl-Stdy 12014/TE-9

Invitation of Proposal forAppointment of Agency for preparation of Evaluation StudyReport on Scheme on "Technology and Quality Up gradation

Support to MSMEs (TEQUP)", a NMCP component

Office of theDevelopment Commissioner (MSME)

Ministry of Micro. Small and Medium EnterprisesGovernment of India

Nirman Bhawan, New Delhi

Summary of the BID Document

a) Bid Reference :No.41 (1)/NMCPITEQUP/Evl-Stdy/2014ITE-9

b) Bid System :Two Bid System(Technical & Financial Bid)

c) Last date and time of Submission of bid 30th September, 2014 by14.30 hrs.

d) Date and time for Opening of technical Bid :Will be intimated.

e) Place of receiving the bid I communication : Joint DevelopmentCommissioner (MSME)

OloThe Development Commissioner(MSME)A- wing, ih Floor, Room No.704,Nirman Bhawan,New Delhi - 110108Ph. 011-23062694

f) EMD Rs.15,0001-(Rupees FifteenThousand Only)

(DOl Bankers Cheque) in favor ofPAO (MSME), payable at NewDelhi.

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Request for Proposal (RFP) is invited for appointment of Agency for preparationof Evaluation Study Report on Scheme on "Technology and Quality Upgradation Support to MSMEs (TEQUP)", a NMCP component.

The Organisations willing to carry out Evaluation study for the above Schememay submit technical & financial bids in accordancewith the requirements of thebroad Terms of Reference (ToR) stated in the document latest by 30th

September, 2014 at 2.30 p.m. in the office of DC (MSME) , Nirman Bhawan,New Delhi.

Guidelines for "Technology and Quality Up gradation Support to MSMEs(TEQUP)", are available on the website www.dcmsme.gov.in at linkhttp://www.dcmsme.gov.in/schemesITEQUP10.pdf

Joint Development Commissioner (MSME)Office of the

Development Commissioner (MSME)Room No. 704, Nirman Bhawan

New Delhi-110108011-23062694

Invitation ot proposals tor preparation OT evaruanon etuoyReport on implementation of NMCP scheme "Technology andQuality Up gradation Support to MSMEs (TEQUP)".

1. Background

Development Commissioner, Ministry of Micro, Small & MediumEnterprises (DC-MSME), Government of India has launched NationalManufacturing Competitiveness Programme (NMCP) to improve thecompetitiveness of the Micro, Small and Medium Enterprises (MSME) sector.One of the components of NMCP is 'Technology and Quality Up gradationSupport to MSMEs (TEQUP)." The scheme is operational since 12th February,2010. The purpose of the Scheme is to upgrade technology and conserve energyin the manufacturing processes, as well as expanding domestic and globalmarket share of Indian MSME products.

2. Objectives:

Under the National Manufacturing Competitiveness Programme(NMCP) to enhance the competitiveness of the SMEs sector, 010 DC(MSME) isimplementing a scheme "Technology and Quality Up gradation Support toMSMEs (TEQUP)". The objective of the scheme is to enhance competitivenessof the MSME sector through Energy Efficiency and Product Quality Certification.This scheme also deals with the issue relating to reduction in emission of GreenHouse Gas (GHG) by the MSME sector, through energy efficiency. The firstobjective of the present Scheme is to sensitize the manufacturing MSME sectorin India to the use of energy efficient technologies and manufacturing processesso as to reduce cost of production and the emissions of GHGs.

3. Activities of the Scheme:

Detailed activities of the scheme are available on the websitewww.dcmsme.gov.in at linkhttp://www.dcmsme.gov.in/schemesITEQUP10.pdf under Guidelines for"Technology and Quality Up gradation Support to MSMEs (TEQUP)"

Brief of the activities of the Scheme:51.

No.

1.

2.

3.

4.

5.

Activity

Capacity Building of MSME Clustersfor implementation of EnergyEfficient Technologies, CleanDevelopment Mechanism, CarbonCredit etc.

Implementation of Energy EfficientTechnologies in MSMEs.

Popularising & Introduction ofCarbon Credit Scheme under COM

Encouraging MSMEs to acquireproduct certification fromNational/International bodies etc. forproduct performance, safety ofconsumers etc.

Study of Impact of the abovescheme, administrative and otherMiscellaneous expenses like fee ofimplementing agency, hiring and outsourcing services etc.

Break up of activity

• To organize awareness; programmesIn 60 Energy Intensive MSME Clusters and trainabout 2000 participants in EET COM etc.(Budgetper programme Rs. 100,000 maximum, Rs.80,000 average, Gol contribution &75% of actualexpend- ture, average RS.60,000 per programme)• Development of model DPRs for EET Projectsfor 3 sample units, one medium, one small &one micro, for demonstration of the benefits, in30 clusters. (Budget per cluster Rs. 9,00,000minimum, Rs. 6,00,000 average, Golcontribution @ 75% of actual expenditure,average Rs. 4.5 lakh per cluster.)

• Detailed Energy Audit of 300 MSMEs in theshort-listed clusters, preparation of bankableDPRs for Energy Efficiency Projects(Budget perMSME Rs. 3,00,000 maximum, Rs. 2,00,000average, Gol contribution @ 50% of actualexpenditure, average Rs. 1,00,000 per MSME)

Subsidising the EET Project Cost in 390 MSMEslinked to funding of the balance amount by theMSME or through loan from SIDBI, Bank andother financial institutions. (Maximum Project CostRs. 40 Lakhs, average Rs. 20 lakhs. Gol subsidy,25% of the Project Cost, average Rs. 5 lakh per~r()jec!l• To set up 16 nos. of Carbon Credit

Aggregation centres (SPVs)/per year for thepotentially eligible clusters under COM @ averageRs. 15 lakh / CCA. Gol contribution @ 75% ofactual expenditure, max. Rs. 20 lakh / CCA• Awareness programme in 60 identifiedclusters on product quality certification, energystar rating, procedure for certification toInternational Standards etc. (Budget perprogramme Rs. 60000 maximum, average Rs.50000, Gol contribution @ 75% of actualexpenditure, average Rs. 37500 perprogramme)• 3000 units subsidized for BIS/BEE License @75% of actual expenditure, avg. subsidy Rs.75000 per case. Max. Rs. 1.5 lakh per case• 1000 units subsidised for acquiringInternational product Cetification @ 75% ofactual expenditure, avg. subsidy Rs. 1,50,000per case. Max. Rs. 2 lakh per case.

• Provide Activity administration andmonitoring F.eeto the implementingagencies

• Take up mid term and end of planevaluation of the scheme

• Meet other administrativeexpenditures, TAIDA and office

e~enses

nplementlny '"'~__ _

'he Scheme is implemented through various MSM~-ul::> CA, 0_

in. However MoU with five public sector Banks have been signed torentation.

The Terms of References for this study will be:

Io assess the impact of the scheme in enhancing competitiveness inrespect of implementing energy efficient measures and product acceptabilityincluding potential impact on export volume through product certificationreimbursement.

To assess the extent of energy efficiency achievement by MSMEs inclusters.

;> To assess the awareness generation among MSMEs with respect to enerq:efficiency in Industry.

~ To assess the extent of increase in quality of products by MSMEs in cluste:

~ To assess the improvement in Product quality of MSMEs (who availbenefits).

~ To assess the adequacy of existing scheme I components, funding pattand delivery system.

~ Impediments I bottlenecks in the implementation of scheme and suqqe:thereof.

~ To assess the extent to which the Scheme has fulfilled its objectives

~ To assess the success rate of implementation of scheme with the objof further extension of scheme in the 1ih Five year plan.

~ To study the upscaling of scheme and recommendation thereof.

~ To assess the understanding and involvement by the Implementing I

~ To make an assessment of ability of MSME sector in facing chalkavail benefits from the scheme.

~ Any additional parameters to be covered which may emerg..- -. oec:innsI interaction in the course of above work.

6. SampleSize for Study, Area of coverageand time frame

• The sample size will be

Sample

Units to whom subsidy for EET has already been disbursed (tobe taken from SIOBI)

-- 50 Units for Product certification03 Potential Cluster

• Area of coverage would be all the States and Union Territoriesof India.

• Time frame for completion of Evaluation Study is three weeksfrom the date of issue of work order.

7. Eligibility Norms

7.1 Proposals are invited for appointment of an agency for carrying out workas per the TOR stated above. The Agency:

a. Should be among registered agencies as approved by M/o MSME andfrom govt organisation and whose name should appear in the List ofAgencies for Scheme of Surveys, Studies and Policy Research.

b. Should have proven and demonstrable experience, expertise andresources in carrying out evaluation of Govt. schemes, and should havecompleted at least two similar Study I reports for any GovernmentOrganisation (Central or State) during the last three years costing aboveRs.5.00 lakh. (Format at Annexure A, Band C may be used). A copy ofthe work order & completion report must be enclosed.

c. Should have experience in evaluation report I or study of at least oneproject, in the industry sector,

d. Should have professionals with experience in MSME sector, projectmanagement, evaluation of projects etc;

e. Should be capable of deputing at least one well qualified personnelheading the team for the above assignment having relevant experiencepreferably in energy management I quality certification.

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8. Selection Process:

The Agency shall be selected through nomination (from registeredagencies as approved by M/o MSME and from govt organisation such asNational productivity Council, Quality Council of India, ConsultancyDevelopment Centre, PCRA, BEE etc.).

9. Documents Required With Proposal:

9.1 Eligible agency willing to take up above work may submit proposal alongwith following documents:

(a) Year of establishment of Organisation/agency.

(b) Experience of having successfully completed similar work during last 3years or any other studies with special reference to the industry/MSMEssector, if any, ending last day of month previous to the one in whichapplications are invited should be either of the following:

(i) Number of professionals proposed for the work, with theirqualification and experience of each.

(ii) A brief note on methodology of work and time schedule is to beenclosed along with the offer.

(iii) Amount quoted to conduct study should be inclusive of allapplicable taxes. ( Annexure E may be used)

(iv) Key Contact person (Name and Contact details).

(v) To claim the experience, expertise, a copy of the work order &completion report must be enclosed.

10. Delivery Schedule/Time Frame:

• Draft study report must be submitted to Development Commissioner,MSME within three week from the date of award of work.

• Final report must be submitted within 7 days after receipt of comments/suggestions.

11. Deliverables• Draft Evaluation Study Report (Five copies) with a soft copy

covering all aspects, including power point presentation to be givenby the agency if required and asked for by this Office in front ofOfficers of Office of DC (MSME).

• Final Evaluation Study Report (Thirty copies) with a soft copycovering all aspects including one power point presentation.

12. Payment Schedule:

The terms of payment for assignment under this Scheme will be as under:

(i) First installment: 40 per cent of the fees on signing of theagreement shall be made against Bank Guarantee of equivalentamount from a Schedule Bank in favour of Government of India tillreceipt of draft report from the successful bidder and acceptable tothe Government.

(ii) Second installment: 35 per cent, subject to (a) submission of thedraft report (5 copies of the draft report including executivesummary) within the time frame stipulated in the agreement and (b)a presentation on the draft report being made before the SteeringCommittee at New Delhi and the draft report being found to begenerally acceptable.

(iii) Third and final installment: balance 25 per cent on submission ofthe final report and its acceptance by the Government. Any delay insubmission of report without due approval by the Ministry will attracta penalty of 5% per week and the balance 25% will be forfeited ondelay in submission of the report beyond 5 weeks from thestipulated date. The final payment will be made within 6 weeks onacceptance of the report and submission of bills etc. by the agency.

13. Other General Terms & Conditions:

The other general terms and conditions applicable to each assignmentunder this Scheme will be:

(i) The assignment should be completed within the time stipulated inthe agreement. Delay in submission of the report beyond thestipulated time will attract penalty as provided for in the agreement.For factors beyond the control of the institution given theassignment, suitable extension in time may, however, be granted atthe request of the institution.

(ii) The Government shall not pay any extra amount for any escalationin the cost of the assignment beyond the time period stipulated inthe agreement.

(iii) The total fee for the study as agreed with the organization willinclude service tax and other tax, if any, and the liability of paymentof the tax will be of the Institution conducting the study.

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(iv) 30 hard copies of the final report, 20 hard copies of the executivesummary and 50 CDs containing the final report shall be submittedbefore releasing the final installment of payment.

(v) During the currency of the assignment, Government may modifythe TOR and other terms and conditions of the assignment, ifnecessary, in order to strengthen/deepen its scope/coverage. Asfar as possible, such modifications will not be made more than onceduring currency of study and with the due concurrence of theinstitution concerned. In case, there is cost escalation due tosubstantial and major changes in the Terms of Reference, suchcost escalation shall be restricted to a maximum of 25% over andabove the original cost subject to the approval of IntegratedFinance Wing.

(vi) The draft/final reports and the contents thereof would be theintellectual property of the Government and would not be publishedby the institution concerned without prior approval of theGovernment.

(vii) In case of change of consultant/team leader during the currency ofstudy, the new consultant/team leader may be appointed by theInstitution with the prior approval of the Ministry.

(viii) The Consultant will notify the Government of any material changein their status, shareholding or that of any Guarantor of theConsultant, where such change would impact on performance ofobligations of the Consultant under the Agreement.

(ix) If the performance of the Institution during the currency of the studyis not found to be satisfactory, the agreement can be terminatedand the amount already paid to the institution will be recovered.

(x) The raw data/ processed datalfindings should not be disclosed bythe Institution to any third party without prior approval of theGovernment.

(xi) The selected Agency will sign an Aqreernent with the Office ofDevelopment Commissioner (MSME), Ministry of Micro, Small &Medium Enterprises, Government of India, New Delhi for renderingservices as per ToR (copy enclosed of agreement.

(xii) Office of the Development Commissioner (MSME) reserves theright to reject any / all EOI without assigning any reason thereof.

14. Earnest Money Deposited (EMD) & Bank Guarantee;

14.1 All the technical bids must be accompanied by a bid security (EMO) of theamount of Rs.15, 000/- (Rupees Fifteen Thousand Only) in a form of aBank draft! Banker's Cheque only issued by any commercial Bank infavour of PAO (MSME), payable at New Delhi.

The offer / bids received without EMD will not be considered andsummarily rejected. The successful bidder will have to submit a bankguarantee as per clause 12 (i) as security deposit. The EMD of successfulbidder will be returned only after submitting bank guarantee in favour ofPAO-MSME, New Delhi.

The EMD of unsuccessful bidders will be returned within one month offinalization of bids.

14.2 In case of first two payments as on page no 9, Bank Guarantee of similaramount may be deposited in favour of PAO, MSME, New Delhi along withBill.

15. Submission of Proposal

15.1 Agency may submit proposal, specifying the terms & conditions. Thetechnical proposal should be submitted in a separate envelope marked"TECHNICAL PROPOSAL". Similarly, the Financial Proposal should besubmitted in a separate envelope marked "FINANCIAL PROPOSAL". Both theseenvelops should be sealed in another envelope super-scribed as 'Proposal forAppointment of Agency for preparation of Evaluation Study Report of thescheme "Technology and Quality Up gradation Support to MSMEs(TEQUP)" and should be sent at the following address:

Joint Development Commissioner (MSME),Office of the Development Commissioner (MSME)A- wing, ih Floor, Room No.715,Nirman Bhawan, New Delhi -110108

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15.2 Contact Person:• Shri Sanjay Bisariya, Joint Development Commissioner (MSME) : Ph.

23062694

15.3 The bids may be submitted latest by 30.09.14 at 14.30 p.m. in the officeof DC (MSME) , Nirman Bhawan, New Delhi. Office of the DevelopmentCommissioner (MSME) will not be responsible for delay of submission! delayeddelivery of the bids under any circumstances.

15.4 If the last date for submission of bid is declared a holiday by theGovernment, then the same can be submitted on the next working daybefore14:30 hours.

Shri Sanjay Bisariya,Joint Development Commissioner (MSME)

Office of theDevelopment Commissioner (MSME)

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Annexure - A- 12.-

CONSULTANT'S ORGANISATION AND EXPERIENCE

A - Consultant's Organisation

[Provide here a brief (note more than two pages) description of the backgroundand organisation of your entity and each associate, if any, for this assignment.]

8 - Consultant's Experience

[Using the format below, provide information on each assignment for which yourentity, and each associate for this assignment, was contracted for carrying outconsulting services similar to the ones requested under this assignment.]

Assignment name: Approx. value of the contract (in Rupees) :Country : Duration of assignment (months) :Location within country :Name of client:Address:Start date (month/year) :Completion date (month/year) :Name of associated Consultants, if Name of senior professional staff of yourany: firm involved and functions performed

(indicate most significant profiles such asProject Director/Coordinator, TeamLeader):

Narrative description of Project:

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

Firm'sName:

Annexure- 8

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General Description of Team

Sr.No. Name of Team Leader Position Input& Staff (Staff-months)

Note: C. V of the Team Members to be provided in the format given atAnnexure- C

Annexure - C

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CURRICULUM VITAE (CV) OF PROPOSEDPROFESSIONAL STAFF FOR THE ASSIGNMENT

1. Proposed Position [only one candidate shall be nominated for eachposition]:- _

2. Name of Entity [Insert name of entity proposing thestaff]: _

-3. Name of Staff [Insert fullname]: _

4. Date ofBirth: Nationality: _

5. Education:[lndicate college/ university and other specialized education of staffmember, giving names of institutions, degrees obtained, and dates ofobtainment]:

6. Membership of ProfessionalAssociations: _

7. Publications (Indicate books, research papers and other articles published inreputed journals).

8. Other Training(s) : [Indicate significant training since degrees under 5 -Education were obtained]:

9. Countries of Work Experience: [List countries where staff has worked in thelast ten years]:

10. Employment Record:[Starting with present position, list in reverse orderevery employment held by staff member since graduation, giving for eachemployment (see format here below): dates of employment, name of employingorganization, positions held]:

From [Year]: To [Year]: _Employer: _Positions held: _

11. Detailed Tasks Assigned[List all tasks to be performed under this assignment]

12. Work Undertaken that Best Illustrates Capability to Handle the TasksAssigned .

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[Among the assignments in which the staff has been involved, indicate thefollowing information for those assignments that best illustrate staff capability tohandle the tasks listed under point 10].

Name of assignment or project. _

year _

Location _

Client _

Main project features: _

Positions held: _

Activities performed: _

13. Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this

CV correctly describes myself, qualifications and experience. I understand that

any willful misstatement described herein may lead to my disqualification or

dismissal, if engaged.

___________________ Date: _

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

Day/MonthlYear

Full name of authorized representative: _

Annexure -0CHECK LIST (TECHNICAL BID)

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Work - Evaluation Study Report on Scheme for 'Technology and Quality Upgradation Support to MSMEs (TEQUP)'.

S Name of Document Yes/No Page no Remarkno. From To1 Document related to

empanelment of agency underMinistry of MSME Scheme forSurveys, Studies and PolicyResearch(Attach Certificate / Order)

2 Document related to carryingout of at least two studies inindustry sector during lastthree years. Specifically Govt.schemes (if any).(Attach work completionCertificate)

3 Document related toexperience in carrying out costof evaluation study work of Rs.5.00 lakh or more.(Attach work completionCertificate)

4 Consultant's Organisation andExperience (Annexure - A)

5 General Description of Team( Annexure- B)

6 Curriculum vitae (CV) ofproposed Professional staff forthe assignment (Annexure -C)

7 Copy of VAT/ Service/ IncomeTax Registration.(if applicable)

8 Additional information (if any)

Signature with designation and office seal

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Annexure- E

PROFORMA (FINANCIAL BID)

CONSULTANT'S FINANCIAL PROPOSAL

Financial Bid for preparation of Evaluation Study Report on'Technologyand Quality Up gradation Support to MSMEs (TEQUP)'.

S.No. Subject Amount (in Rs.)

1 Cost of the Evaluation Study Report on

Design Clinic Scheme for 'Technology and

Quality Up gradation Support to MSMEs

(TEQUP)' (Inclusive of all the expenses

needed for the evaluation Study report).

2Service Tax

3 Total Cost (1+2)

Note: No other payment in any form except above shall be admissible.

Signature and seal of organisation

AGREEMENT FOR CONSULTING SERVICESFOR SURVEYS, STUDIES AND RESEARCH PROJECTS

AGREEMENTTHIS AGREEMENT is entered into this [insert starting date of assignment] between thePresident of India acting through Secretary, Ministry of Small Scale Industries, GovernmentofIndia, [the Government] having its principal place of business at [insert Client's address],and [insert Consultant's name] ("the Consultant") having its principal office located at [insertConsultant's address] acting through _

ANNEXUREF

WHEREAS, the Government wishes to have the Consultant perform the Assignmenthereinafter referred to, and

AND WHEREAS, the Consultant is willing to perform this Assignment,

ANNEXURE UlF

AGREEMENT FOR CONSULTING SERVICESFOR SURVEYS, STUDIES AND RESEARCH PROJECTS

AGREEMENT

THIS AGREEMENT is entered into this [insert starting date of assignment] between thePresident of India acting through Secretary, Ministry of Small Scale Industries, Governmentof India, [the Government] having its principal place of business at [insert Client's address],and [insert Consultant's name] ("the Consultant") having its principal office located at [insertConsultant's address] acting through _

WHEREAS, the Government wishes to have the Consultant perfoi m the Assignmenthereinafter referred to, and

AND WHEREAS, the Consultant is willing to perform this Assignment,

NOW, THEREFORE, THE PARTIES hereby agree as follows:

1. Services (i) The Consultant shall perform the assignment specified inAnnex A, "Terms of Reference and Scope of Assignment,"which is an integral part of this Agreement (the "Assignment").

(ii) The Consultant shall provide the personnel listed in Annex B,"Consultant's Personnel," to perform the Assig.iment.

(iii) The Consultant shall submit to the Government the reports inthe form and numbers and within the time periods specified inAnnex C, "Consultant's Reporting Obligations."

2. Term The Consultant shall perform the Assignment [within __ monthsfrom the date of this Agreement], or any other period as may besubsequently agreed by the parties in writing, subject to liquidateddamages for the delay attributable to the Consultant.

3. Payment A. CeilingFor the Assignment, the Government shall pay the Consultantthe sum of [insert amount]. This amount includes all of theConsultant's costs and deliverables as well as any tax obligationthat may be imposed on the Consultant.

B Schedule of Payments

The schedule of payments is specified below:

4. ProjectAdminist-ration

5. Perfor-manceStandards

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[insert currency and amount] upon the Government's receipt ofa copy of this Agreement signed by the Consultant;[insert currency and amount] upon the Government's receipt ofthe draft report from Consultant, acceptable to the Government;and[insert currency and amount] upon the Government's receipt ofthe final report from Consultant and acceptable to theGovernment.[insert currency and amount] Total

C. Payment Conditions

(i) Payment on signature of this Agreement shall be madeagainst a bank guarantee of equivalent amount from aScheduled Bank in favour of the Government __ till receiptof the draft report from Consultant and acceptable to theGovernment.

(ii) Final payment shall be made not later than 6 weeks,following submission by the Consultant of complete invoices induplicate to the Coordinator designated in paragraph 4 oracceptance of the Report by the Government whichever is later.

A. Coordinator

The Government designates Shri/ Smt. [insert name anddesignation] as the Government's Coordinator; for thisAssignment. The Coordinator will be responsible for thecoordination of activities under this Agreement, for acceptanceand approval of the reports and of other deliverables by theGovernment and for receiving and approving invoices for thepayment.

B. Reports

The reports listed under Para 4 and 5 of the guidelines of theScheme shall be submitted in the course of the Assignment,and will constitute the basis for the payments to be made underparagraph 3.

The Consultant undertakes to perform the Assignment with thehighest standards of professional and ethical competence andintegrity. The Consultant shall promptly but not later than _ daysreplace any employees assigned under this Contract that theGovernment considers unsatisfactory.

•

6. Confiden-tiality

7. OwnershipofMaterial

8. Insurance

The Consultant shall not disclose any proprietary or confidentialinformation relating to the Services, this Agreement or theGovernment's business or operations without the prior writtenconsent of the Government.

Any studies, reports or other material, graphic, software or otherwise,prepared by the Consultant for the Government under the Agreementshall belong to and remain the property of the Government. TheConsultant may retain a copy of such documents and software for thepurpose of this Agreement.

The Consultant will be responsible for taking out any appropriateinsurance coverage at its own cost.

9. Re-Assign- The Consultant shall not re-assign this Agreement or sub-contract anyment portion of it without the Government's prior written consent.

10 DisputeResolution

11 Events ofDefault

12 Consequences ofDefault

Any dispute arising out of the Agreement, which cannot be amicablysettled between the parties, shall be referred for arbitration [inaccordance with the provisions of. Act] to an arbitratornominated by the Secretary, Department of Legal Affairs, Ministry ofLaw and Justice, Government of India. Provisions of the Arbitrationand Conciliation Act, 1996, as amended from time to time, shall beapplicable. Courts in Delhi shall have jurisdiction in the matter.

(i) Delay in furnishing of any report within the period mentioned forin Annex C. Provided that there shall not be default for the period ofForce Majure and delays solely attributable to the Government.

(ii) Any report being non-acceptable to the Government for lack ofprofessional quality.

(iii) Breach of any of the terms of this Agreement.

(i) On the occurrence of any of the event of default on the part ofConsultant, the Government may terminate this Agreement and claimrefund of any money paid or invoke the bank guarantee and refuse tomake any more payment.

(ii) In case of default being limited to delay only not exceeding 5weeks, the Government, may in the alternative, claim the agreedliquidated damages @ 5% of the amount of contract for every weekof delay, not exceeding in any case 25% of the amount of contract.The amount of liquidated damages shall be withheld and/or recoveredfrom the payment to be made to the Consultant.

13 ForceMajure

The Parties shall be entitled to excuse performance of their respectiveobligations to the extent they are unable to perform the contract by anevent of Force Majure. A party claiming relief on this account shallimmediately on becoming aware of Force Majure event give notice tothe other party disclosing the manner in and the period during whichperformance of its obligation is likely to be affected.

For the purpose of the Agreement Force Majure means Acts of God,wars or similar action affecting India Civil Commotions or generalstrike (excluding by its own employees) lying beyond the reasonablecontro Iof the affected Pary.

14 Notice The address of the Parties for all communication IS

Government:

Consultant:

All notices with the aforesaid address sent by pre-paid registered-postor speed post or sent by fax with confirmation of its delivery or e-mail shall be deemed to have been served and received by theaddressee within the time they should have been delivered/received atthe addressee's end.

Any ch nge of addre <; will not be val id unless acknowledged by theother party.

IN WITNESS WHEREOF, the representatives of the Parties to this Agreement being dulyauthorized have hereunto set their hands and have executed those present this _ day of __

For and on behalf of the Presidentof India (THE GOVERNMENT) FOR THE CONSULTANT

Signed by _ Signed by _

Designation: _ Designation: _

In presence of _ In presence of _

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