request for proposal for selection of conducting impact...
TRANSCRIPT
2016
Request for Proposal for Selection of
Agency for Conducting Impact Evaluation Study of Projects
implemented in Madhya Pradesh under Rashtriya Krishi Vikas Yojana
(RKVY) in 2014-15 and 2015-16.
Farmer Welfare and Agriculture Development,
Vindhyachal Bhawan, Wing C, 2nd
Floor, Bhopal – 462004 url: www.mpkrishi.mp.gov.in
Table of Contents
Letter of Invitation ....................................................................................................................................... 1 Glossary used in the document ................................................................................................................... 2 Bid Fact Sheet ................................................................................................................................................... 3
1 Section I: Introduction to Bidders .............................................................................................................. 4
1.1 General ........................................................................................................................................................... 5
1.2 Bidding Document (RFP) .......................................................................................................................... 6
1.3 Preparation of Bids ..................................................................................................................................... 7
1.4 Pre-Bid Meeting and Clarifications........................................................................................................ 8
1.5 Submission and Opening of Bids .......................................................................................................... 9
1.6 Evaluation and Comparison of Bids ...................................................................................................10
2 Section II: Qualification Criteria ...............................................................................................................14
2.1 Technical Qualification Criteria ...........................................................................................................14
2.2 Evaluation of Financial Bids...................................................................................................................17
2.3 Award of Contract ......................................................................................................................................17
3 Section III: Schedule of Requirements ...................................................................................................18
3.1 Project Background ..................................................................................................................................18
3.2 Scope of Work for Agency .......................................................................................................................18
3.2.1 Coverage & Methodology ..................................................................................................................18
3.2.2 Outcome Expected
3.2.3 Details of Year wise selcted projects .................................................................................................19
3.3. Chapters under impact Evaluation report for conducting study ........................................... 19
4 Section IV: Time Line and Payment Schedule ....................................................................................20
4.1 Payment Schedule .....................................................................................................................................20
5 Section V: Penalty Clause: ...........................................................................................................................22
6 Section VI: General Terms and Conditions ...........................................................................................23
6.1 Contract and Interpretation ..................................................................................................................23
6.2 Obligations ..................................................................................................................................................25
6.3 Payment terms ...........................................................................................................................................31
6.4 Intellectual Property Rights (IPR) .........................................................................................................34
6.5 Indemnity ....................................................................................................................................................35
6.6 Confidentiality ............................................................................................................................................37
6.7 Default ......................................................................................................................... 39
6.8 Termination ................................................................................................................. ... 42
6.9 Arbitration............................................................ Error! Bookmark not definde ............43
6.10 Force Majeure .................................................................................................... 44
7 Section VII: Bidding Forms ........................................................................................... 45
7.1 Formats for Clarification ................................................................................................. 45
7.1.1 Format for submission of Queries ............................................................................... 45
7.2 Format for Particulars of the Bidder ................................................................................ 46
7.3 Format for Technical Proposal Covering Letter ................................................................ 47
7.4 Formats for Checklist of Technical proposal .................................................................... 48
7.4.1 SELF-DECLARATION {to be filled by the bidder}................................................... 55
7.4.2 Format for Statement of no deviation from the bidding document ...................... 56
7.5 FINANCIAL BID COVER LETTER & FORMAT .................................................................. 57
7.5.1 Financial Bid Format ........................................................................................... 58
7.6 Format for Performance Security ................................................................................... 125
7.7 Formet for Power fo Attorrty .......................................................................................... 63
Annexures.................................................................................................................... ...........
A-Details of Yearwise selected project.................................................................................... 64
LETTER OF INVITATION
Letter No: RKVY CELL/18/2016/PMU/1397 Bhopal, - -2017
Dear Sir/Madam:
Directorate, Farmer Welfare and Agriculture Development, Bhopal invite Proposals from
eligible agencies for "Conducting Impact Evaluation Study of Projects in Madhya Pradesh
Implemented in the year 2014-15 and 2015-16 under Rashtriya Krishi Vikas Yojana”.
i. As per the advertisements given in the various News Papers / MP Krishi portal
(www.mpkrishi.mp.gov.in) / e-Procurement portal (https://www.mpeproc.gov.in) all
interested bidder are invited to respond to the Request for Proposal (RFP)
document.
ii. The Bidder will be selected on parameter and procedures described in this RFP.
iii. Kindly respond to the tender as per the directions and the formats provided in the
Request For Proposal.
iv. Please note that while all the information and data regarding this RFP is to the best
of Department’s knowledge and are true to the scope of the propose project, the
department holds no responsibility for the accuracy of this information and it is the
responsibility of the bidder to check the validity of data included in the document.
Yours sincerely,
Director
Farmer Welfare and Agriculture Development
Bhopal
GLOSSARY USED IN THE DOCUMENT
AOA Articles of Association
Authority Directorate, Farmer Welfare and Agriculture Development, Bhopal
Agency Agency means Supplier who intend to provide services for the project as per RFP
Baseline plan Project plan that is formally accepted by stakeholders
Bidder
“Bidder” means any Company/ Society/Firm registered in India submitting RFP along with
prescribed documents in response to RFP and intending to provide services for project.
Bid Security Bid Security means Earnest Money Deposit
RKVY Rashtriya Krishi Vikas Yojna
Committee
Committee constituted by the Authority for Selection/evaluation of methodology and on Technical
Bid & Financial Bid.
Contract Agreement entered in to by Authority with the bidder
Department Department refers to “ Directorate, Farmer Welfare and Agriculture Development, Bhopal”
FWAD Farmer Welfare and Agriculture Development, Bhopal
FY Financial Year
GoI Government of India
GoMP Government of Madhya Pradesh
HO/HoD/HQ Head Office/Head of the Department/Head Quarter
INR Indian Rupees
IA Implementing Agency
LOI Letter of Intent
LLP Limited Liability Partnership
MOA Memorandum of Agreement
Noncompliance Failure/ refusal to comply with the terms and condition of the proposal
Nonresponsive
Failure to furnish complete information in a given format and manner required as per proposal or
not following the procedure mentioned in this RFP or not submitting the EMD or tender fee
WO Work Order
RFP Request for Proposal
Service Services to be provided as per the requirement mentioned in the scope of work
Service Provider Vendor who will be executing this contract
SLA Service Level Agreement
Scope of Work
SoW
Supplier Vendor who will be executing this contract
Vendor “Vendor” means Bidder/Supplier
Bid Fact Sheet
S. No Particulars Details
Directorate,
1. Name of Authority Farmer Welfare and Agriculture Development, Bhopal,
Madhya Pradesh
Selection of Agency for Conducting Impact Evaluation
Name of Engagement
Study of Projects in Madhya Pradesh Implemented in
2. the year 2014-15 and 2015-16 under Rashtriya
Krishi Vikas Yojana
The Bidding Document is available and downloadable on
following websites:
http://www.mpeproc.gov.in
Availability of the document
• Bidding Document Fees (non-transferable & non-
3. refundable) and Processing Fees must be paid online
at e-Procurement portal (http://www.mpeproc.gov.in)
• All Subsequent changes to the Bidding document shall
be published on the above mentioned websites
4. Tender Publish Date 09/06/2017
Last Date and Time for 30/06/2017 at 17:00 Hours
5. Submission of Bid
INR 5,000 + Processing Fees (non-refundable) payable
6. Tender Fee through online
e-Procurement portal
INR 3,00,000 in form of Fixed Deposit Receipt OR Demand Draft from any of the commercial banks in favor of
7. Earnest Money Deposit (EMD) Director, Farmer Welfare and Agriculture Development,
Madhya Pradesh and payable at Bhopal, Madhya Pradesh
and should be valid for 6 months from the due date of RFP
Scanned copy of the EMD to be submitted online in the
8. EMD Submission technical-qualification proposal on e-Procurement system.
Hardcopy of the EMD should be submitted at FWAD the
correspondence address by 30/06/2017 at 17:00 hours
Pre-Bid Meeting Date and Time
16/06/2017 at 14:00 Hours
9.
Directorate,
10. Pre Bid Meeting Venue Farmer Welfare and Agriculture Development, 2nd Floor,
Wing-C, Vindhyachal Bhawan, Bhopal – 462 004
01/07/2017 at 14:00 Hours
Date, Time and Place of
11. opening of Technical- Directorate,
Qualification Bid Farmer Welfare and Agriculture Development, 2nd Floor,
Wing-C, Vindhyachal Bhawan, Bhopal – 462 004
Date, Time and Place of Would be communicated to qualified bidders
12. opening of Financial Bid
Irrevocably Performance Security of value 10% of the Work
Performance Security (On Order (PO) value in form of BG issued by Scheduled /
award of the contract) Nationalized Bank in favour of Director, Farmer Welfare and
13. Agriculture Development payable at Bhopal, Madhya Pradesh
To be submitted at the correspondence address within 15
days of issuance of Work Order.
Mr. D.K. Shrivastava
Deputy Director Agriculture
“RKVY –Cell”
14. Contact Person Details Farmer Welfare and Agriculture Development
IInd Floor, Wing –C,
Vindhyachal Bhawan, Bhopal – 462 004
Email: [email protected]
1 Section I: Introduction to Bidders
This section specifies the procedures to be followed by Bidders in the preparation and
submission of their Bids. Information is also provided on the submission, opening and
evaluation of bids and on the award of contract. It is important that the Bidder carefully reads
and examines the Bidding document.
1.1 General
1. Scope of Bid
2. Eligibility
of Bidders
3. Contacting the
Authority
1.1 The Authority, FWAD has published this RFP for the “Selection of
Agency for conducting Impact Evaluation Study of the Projects under
Rashtriya Krishi Vikas Yojana implemented in the year 2014-15 and
2015-16”. The Scope of Work for the bidder is presented in Section III:
Schedule of Requirements.
1.2 Unless otherwise stated, throughout this Bidding Document, the
definitions and interpretations shall be as prescribed in Section VI:
General Terms and Conditions
2.1 A Bidder may be a legal private entity or a legal government-
owned entity with the intent to enter to deliver the engagement.
2.1 The bidder should be eligible to operate in conformity with the
provisions of the laws in India and shall have a Registered office within
India and preferably in M.P. also.
2.3 Bidder should not have any conflict of interest with any parties
included in the Bidding process.
2.4 Consortiums are NOT allowed to participate in the Bidding
Process.
3.1 From the time of bid advertisement to the time of Contract award,
if any Bidder wishes to contact the Authority (or designated Project
Manager) on any matter related to the bid, it should do so in writing at
the address mentioned in Bid Fact Sheet.
3.2 If a Bidder tries to directly influence the Authority or otherwise
interfere in the bid submission and evaluation process and the
Contract award decision, its bid may be rejected.
1.2 Bidding Document (RFP)
1. Sections of the 1.1
Bidding
Document Section I Introduction to Bidders
Section II Qualification Criteria
Section III Schedule of Requirements
Section IV Project Implementation and Payment Schedule
Section V Penalty Clause
Section VI General Terms and Conditions
Section VII Bidding Forms
1.2 The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Document as published on the websites mentioned in the Bid Fact Sheet. Failure to furnish all information or documentation required by the Bidding Document may result in the rejection of the bid.
2. Clarification
of Bidding
Document, Pre-
Bid Meeting
2.1 The prospective Bidder requiring any clarification of the Bidding
Document shall contact the Purchaser in writing at the Authority’s address
indicated in the Bid Fact Sheet. The Authority would respond to any
request for clarification, provided that such request is received prior to the
deadline mentioned in the Bid Fact Sheet. Should the Purchaser deem it necessary to amend the Bidding Document as a result of a request for clarification, it shall do so following the procedure under Section - Pre-Bid
Meeting and Clarifications.
2.2 Any change to the Bidding document shall be uploaded on the
websites mentioned in the Bid Fact Shee
2.3 Non attendance at the pre-bid meeting will not be a cause for
disqualification of a Bidder.
3. Purchase of 3.1The Bidding Document is available and downloadable on
bidding following websites:
document http://www.mpeproc.gov.in
http://www.mpkrishi.mp.gov.in
3.2 Bidding Document Fees (non-transferable & non-refundable) and
Processing Fees must be paid online at e-Procurement portal
(http://www.mpeproc.gov.in)
4. Amendment of 4.1 At any time prior to the deadline for submission of bids, the
Bidding Authority may amend the Bidding Document by issuing addendum (also
Document referred as ‘corrigendum’).
4.2 Any addendum issued shall be part of the Bidding Document and
shall be uploaded on the e-Procurement Portal (http://www.mpeproc.gov.in
4.3 To give prospective Bidders reasonable time in which to take an
addendum into account in preparing their bids, the Authority may, at its
discretion, extend the deadline for the submission of bids.
1.2 Preparation of Bids
1. Cost of 1.1 The Bidder shall bear all costs associated with the preparation and
Bidding submission of its Bid, and the Authority shall not be responsible or liable
for those costs, regardless of the conduct or outcome of the bidding
process.
2. Language of 2.1 The Bid, as well as all correspondence and documents relating to
Bid the bid exchanged by the Bidder and the Authority, shall be written in the
English language.
3. Documents 3,1 The documents comprising the bid are listed in
Comprising
the Bid Section VII: Bidding Forms. Bidders must use the Bidding forms provided
to structure and submit their bids.
4. Letter of Bid 4.1The Bidder shall complete the Letter of Bid, including the
and Schedules appropriate Price Schedules, using the relevant forms furnished in
Section VII: Bidding Forms. The forms must be completed as instructed
mentioned in the Bidding Document. 5. Single Bid 5.1 Bidders are requested to submit only one Bid, if submission of more
than one bid by same bidder found at by the department it will be liable for rejection.
6. Documents 6.1 To establish its eligibility and qualifications to perform the
Establishing the Contract in accordance with Section II: Qualification Criteria the Bidder
Eligibility and
Qualifications of
the Bidder
shall provide the information requested in the corresponding bidding forms
included in Section VII: Bidding Forms.
7. Bid Prices 7.1 Bidders shall quote for the entire Services as requested in RFP on a
“single responsibility” basis such that the total bid price covers all the
Agency obligations mentioned in or is inferred from the Bidding Document
in respect of conducting Impact Evaluation Study as specified in Section III:
Schedule of Requirements.
7.2 Bidders shall give a breakup of the prices in the manner and detail called for in the Financial Proposal Format included in Section VII: Bidding Forms.
7.3 The price of Products and Services shall be quoted in total for service (where appropriate, broken down into unit prices). Prices must include all taxes, duties, levies and fees that shall apply in India on/to the price of the Services & Products invoiced to the Authority.
8. Currencies of
Bid and Payment 8.1 The currency of the bid shall be, Indian Rupees (INR).
9. Period of
Validity of Bids
9.1 The Bids shall remain valid for the period of 180 days after the bid
submission deadline date prescribed by the Authority. A bid valid for a
shorter period shall be rejected by the Authority as non responsive.
9.2 In exceptional circumstances, prior to the expiration of the bid validity
period, the Authority may request Bidders to extend the period of validity
of their bids. The request and the responses shall be made in writing. In
case of Bidder extending of the bid, the Bidder granting the request shall
also extend the bid security for forty-five (45) days beyond the deadline of
the extended validity period.
10. Bid Security10.1 The Bidder shall furnish scanned copy of Bid security (Earnest
Money Deposit) along with the qualification proposal on e- Procurement
Portal. Hardcopy of the EMD should be submitted at FWAD at the
correspondence address prior to the deadline mentioned in the Bid Fact
Sheet. In case of non-receipt of hard copy of EMD at FWAD at the
correspondence address prior to the deadline mentioned in the Bid Fact
Sheet, the bid shall be rejected by the FWAD as non- responsive.
10.2 The amount and currency of the bid security (EMD) shall be
as per the Bid Fact Sheet
10.3 Bid security shall be in form of Fixed Deposit Receipt from any of the scheduled banks in favor of Director, Farmer Welfare and Agriculture Development, Madhya Pradesh and payable at Bhopal, Madhya Pradesh.
10.4 Any bid NOT accompanied by an enforceable and compliant bid
security (as per Bidding form) shall be rejected by the Authority as non
responsive.
10.5 The bid security of unsuccessful Bidders shall be returned as promptly
as possible upon award of contract to the successful Bidder. No interest will
be payable by the FWAD on the amount of the Bid Security.
10.6 The bid security of the successful Bidder shall be returned as promptly
as possible once the successful Bidder has signed the Contract and
furnished the required performance security.
10.7 The bid security will be forfeited by FWAD on account of one or
more the following reasons:
If a bidder withdraws its bid during the period of bid validity
If the successful bidder fails to sign the contract in accordance
with terms and conditions
Successful bidder fails to furnish performance security as
specified in the Bidding Document
11. Format and Signing of Bid
11.1 The bid should be digitally signed by a person duly authorized
to sign on behalf of the Bidder and should be uploaded on the e-
Procurement Portal.
1.3 Pre-Bid Meeting and Clarifications
1. Pre-Bid 1.1 FWAD shall hold a Pre-Bid meeting with the prospective
Conference bidders as per the timelines mentioned in the Bid Fact Sheet.
1.2 The interested bidders need to ensure that they have submitted
their queries as per the dates mentioned in the Bid Fact Sheet.
1.3 Queries provided by the Bidders should be as per the format
provided in the Bidding Forms
1.4 Response to the queries and clarification shall done in the pre bid meeting.
1.5 At any time prior to the last date of receipt of the bids, FWAD may, for
any reason, whether at its own initiative or in response to a clarification
raised by a prospective bidder, modify the Bidding Document by a
Corrigendum 1.6 Any such corrigendum shall be part of this Bidding Document 1.7 In order to provide prospective bidder reasonable time for taking the
corrigendum into account, FWAD may, at its discretion, extend the last
date for the submission of the Bid.
1.4 Submission and Opening of Bids
1. Submission, 1.1 Bidders are advised to study all the instructions, forms,
& Making of Bids requirements, terms and others information in this Bidding Document
carefully. Submission of the Bid shall be deemed to have done after
careful reading the Bidding Document with full understanding of its
implication.
1.2 Failure to comply with the following shall render the Bid as non-
responsive:
(a) Documentation specified in the
Bidding Document;
(b) Format specified in the Bidding Document;
(c) Requirements as set out in the Bidding Document
1.3 The Bidders should submit the Bids as per the format in this
Section VII: Bidding Forms in the following manner:
(a) Technical Proposal: UPLOAD ON e-Procurement Website –
Technical Link
(b) Financial Proposal: UPLOAD ON e-Procurement Website - Financial
Link
1.4 Please note that the prices should NOT be indicated in the
Technical Proposal. The failure to comply shall lead to rejection
of bids.
1.5 All the pages of the proposal must be sequentially numbered and
must contain the list of contents with page numbers.
1.6 The proposal shall be typed with no corrections.
1.7 The bid needs to be digitally signed.
1.8 The Proposal should be accompanied by a power-of-attorney in
the name of the signatory of the proposal.
1.9 The bidders need to ensure payment of Bidding Document Fees no
later than the date and time indicated in the Bid Fact Sheet.
2. Deadline for 2.1 Bids must be received by the Authority on the e-Procurement
Submission of
Bids
Portal no later than the date and time indicated in the Bid Fact Sheet
3. Late Bids
3.1 The e-Procurement Portal shall not permit the bidder the
bids after the deadline for submission of bids.
to submit
3.2 FWAD shall not be responsible for delay or non-receipt of the
documents.
4. Bid Opening 4.1 The bid shall be opened as given in the bid fact sheet. Bidders designated
representatives may be present at the time of opening of bid.
1.5 Evaluation and Comparison of Bids
1. Confidentiality 1.1Information relating to the evaluation of bids and recommendation of
contract award, shall not be disclosed to Bidders or any other persons not
officially concerned with such process until the notification of contract
award.
2. Clarification 2.1 To assist in the examination, evaluation, and comparison of the
of Bids bids, and qualification of the Bidders, the Authority may, at its discretion,
seek any Bidder for a clarification of its bid. The Authority’s request for
clarification and the Bidder’s response shall be in writing.
2.2 If a Bidder does not provide clarifications of its bid by the date and time
set in the Authority’s request for clarification, the bids shall be evaluated on
the basis of information available with the Authority..
3.
Determination
of
Responsiveness
3.1 The Authority’s determination of a bid’s responsiveness is to be based
on the contents of the bid its
3.2 Initial Bid scrutiny will be held and incomplete details as given below
will be treated as non-responsive. Non-responsive bids shall not be
considered for evaluation. A non-responsive bid shall be if the proposal:
Is not as per the Bidding document
Received without the Letter of Authorization (Power of Attorney)
Are found with suppression of details
With incomplete information, deviations, subjective, conditional
offers and partial offers submitted
Submitted without the documents requested in the checklist
Have non-compliance of any of the clauses stipulated in
the Bidding Document
With lesser validity period
Bid is not substantially responsive to the requirements of the
Bidding Document
3.3 All eligible bids will be considered for further evaluation by an
Evaluation Committee according to the evaluation process defined in this
Bidding document. The decision of the Evaluation Committee will be final
in this regard.
4. Evaluation of4.1 All Bids shall be first evaluated on the basis of qualification criteria
Bids
mentioned in Section II: Qualification Criteria. Only those bids which
qualify the Technical-qualification criteria shall be considered for Financial
Evaluation.
4.2 The Authority shall use the criteria indicated
in Section II: Qualification Criteria.
4.3 The Authority will evaluate and compare the bids that have been
determined to be substantially responsive. The evaluation will be
performed and the Contract shall be awarded to the Lowest
financial Quoted by the Bidder (L1).
4.4 Bids which qualify the Technical-qualification criteria shall be taken up
for financial evaluation.
5. Authority’s 5.1 The Authority reserves the right to accept or reject any bid, and to annul
Right to Accept
Any Bid, and to
Reject Any or All
the bidding process and reject all bids at any time prior to contract award,
without thereby incurring any liability to Bidders. In case of annulment, bid
securities, shall be promptly returned to the Bidders.
Bids
2 Section II: Qualification Criteria
2.1 Technical Qualification Criteria
The Bidder must possess the requisite experience, strength and capabilities to meet the requirements
as described in the Bidding document. Keeping in view the complexity & volume of the work involved,
the following criteria are prescribed as Technical-Qualification criteria for bidder interested in
undertaking the project. S.No Technical Qualification Criteria Documents to be submitted
1 Bidder must be incorporated or registered in India under
the Indian Companies Act, 1956 (including Section – 25 of
the Act) or Limited Liability Partnerships (registered under
LLP Act, 2008) Society/Firm registered in India since more
than five years as on 31.03.2016.
Copy of Incorporation /
Registration certificate along with
MoA-AoA/Bylaws (or similar
document) should be furnished as
documentary proof of bidder.
2
The bidder should have minimum average annual turnover of
INR 70,00,000 or more for the last three Financial Years
(FY 16-17, FY 15-16, FY 14-15,).
Copy of the audited profit and loss
account / balance sheet annual
report of last three financial years
mentioning required figures
attested by Chartered Accountant
3
The bidder should have positive net worth for the last three
Financial Years (FY 16-17, FY 15-16, FY 14-15,).
Chartered Accountant certificate
for Net-worth, Turnover and PAT
should be attached.
4 The Bidder in India should have an experience in preparation
of at least 3 (three) agriculture and allied sectors assignment
or Impact Evaluation Studies for any State Government,
Government Undertaking, Central Government or any other
Public Sector undertaking in India during last 3 financial
years FY 16-17, FY 15-16, FY 14-15. Total value of these three
work orders of preparing of these assignment / studies should
be at least INR 25,00,000.
Copy of work order + Client
Completion Certificate / ( If Work
in Progress, Present Client
Continuity Certificates + Copy of
work order. The authority may
ask to present the invoices for the
same if required at any point of
time during the bid process.
5
The Bidder in India should have at least 2 minimum resources in each of the following skill set with relevant year
of experience. All resource should be permanent/part time
employee of Bidder.
i) Natural Resource Management/ Environmental
sciences
ii) Agricultural and Allied sectors
iii) Social Science/Social Economics iv) iv) Civil Works v) v) Statistics vi) vi) Documentation
Curriculum Vitae of the resources
to be shared highlighting the
relevant years of experience +
Bidder self attested certificate
indicating “permanent employee”
or “part time employee” whose
CV has been shared with the
Authority. The authority may ask
to present other justified
documents supporting the
technical criteria for the same if required at any
point of time during the bid
process.
6 The Bidder shall not be under a declaration of ineligibility for corrupt or fraudulent practices as on date of submission of
Declaration letter regarding Clean Track Record should be attached
bid and also not blacklisted or under litigation by any State/Central/UTs Government at the time of bidding.
by the bidder.
7 The Bidder should have a point of presence in M.P. or should open a Project Office within 30 days of receipt of Letter of Intent (LoI).
Relevant document proof for presence in M.P. OR An undertaking to this effect should be submitted by the bidder on its letter head.
8 The bidder (Prime) should be registered with Service Tax, Provident Fund and Professional Tax and should have valid TAN and PAN numbers.
Copy of Certification which is valid on date of submission
2.2 Evaluation of Financial Bids
The commercial bids for only those bidders will be opened who have qualified the technical evaluation
and reviewed to determine whether the commercial bids are substantially responsive. Commercial bids
that are incomplete shall be rejected. All the bidder will have to quote the cost of conducting Impact
Evaluation Study for particular financial year for all the selected projects listed in that financial year. Its
mandatory for the bidder to quote the cost of conducting Impact Evaluation Study for every project
listed in that particular financial year. Interested bidders may quote the Financial bid for one yearor for
both years. The Evaluation of Financial bid will be made year wise separately.
2.3 Award of Contract
Award of the contract shall be made to the technical qualified bidder with the lowest financial bid (L1)
for each of the year.
3 Section III: Schedule of Requirements
3.1 Project Background
The Rashtriya Krishi Vikas Yojana (RKVY) has been launched by the Government of India to
incentivize states to increase the share of agriculture in their State Plans. This is in pursuance of the
resolution adopted in the 53rd meeting of the National Development Council on Agriculture and
related issues held on 29th May, 2007. The RKVY to State Plans has been administered by the Union
Ministry of Agriculture over and above its existing Centrally Sponsored Schemes. The RKVY will
incentivize states to draw up plans for their agriculture sector more comprehensively, taking agro
climatic conditions, natural resources, and technology into account, and integrating livestock,
poultry and fisheries more comprehensively. Special schemes for beneficiaries of land reforms would
be introduced.
Under the Scheme, the States have the freedom to develop and pursue activities on the basis of their
priorities through State and District Agriculture Plans.
The details of the scheme can be seen in the RKVY guidelines available in the website
http://agricoop.nic.in/Admin_Agricoop/Uploaded_File/RKVY_Guildlines_(XII_Plan)-2014.pdf
Objective of the Work:
a) Farmer Welfare and Agriculture Development, Bhopal, Madhya Pradesh intends to engage Agency
conducting Impact Evaluation of Projects implemented in the year 2012-13, 2014-15 and 2015-16
under RKVY.
b) To know whether:- (1) The designed output of each project identified in both the years has achieved.
(2) The Expected outcome of each project identified in both the years has achieved.
c) Analysis of direct and indirect impact on project beneficiaries and on increasing Production and
Productivity.
d) Analytical comments on the process involved and other features of the projects like, record
keeping, verification of beneficiaries, mode of payment / subsidy to farmers implementation
schedule etc.
3.2 Scope of Work for Agency
3.2.1 Coverage & Methodology
i. The "Agency" shall plan and undertake activities to achieve the objectives outlined above.
ii. While conducting the study, the Agency should follow the Provision of each project. iii. The "Agency" shall organize visits/ surveys/ discussions/ consultations/ workshops etc., with
all other stake holders engaged at grass-root level to higher functionaries; different government departments / autonomous bodies , representatives of 3 -tier Panchayat Bodies (including ADC Areas), trade, industry and cultivators to have specific information/ assessment of the requirement of each & every project separately. Before preparing the draft report for each year
and for each project, at least 2 (two) workshop/ consultations/meetings should be organized
by the Agency involving departmental extension workers, PRI representatives and other
stakeholders.
iv. Authority shall issue required letters authorizing the consultant to contact various
government agencies to procure desired information related to the consultancy.
v. The Agency should develop the strategy for each project as to how Impact can be assessed
and accordingly formats and questionnaire etc. be prepared.
(vii) The Draft Report will be prepared in following stages viz 1. Survey at the grass root level (Panchayat/ Village Council) in the sample area to assess the
impact of each project .
2. Preparing 1st Draft report in consultation with various stakeholders at District level
3. Discussion on 1st Draft report Preparing 2nd Draft report on the basis of feedbacks
4. Discussion on 2nd Draft report at District level and state level.
5. Submission of Final draft report for each of the project. to state level for comments . 6. Final submission of project wise report.
3.2.2 Outcome Expected:
Every project under Impact Evaluation Study has its own Expected Outcome well defined in
their project report Accordingly study will have to ensure whether expected outcome has
actually achieved. 3.2.3 Details of Year wise Selected Projects:-
As per the guide line of RKVY, there are number of projects sanctioned every year for
Implementation. Out of these projects some projects one foe one year where as some one for
more than one year. The guide line also envisaged that "Out of the total projects seemed
every year, The 25% number of projects with 25% of total cost will be selected for Impact
Evaluation study “.
The list of selected project for 2014-15 and 2015-16 is enclosed at enclosure-"A". The Impact Evaluation study shall be conducted in 25% of districts, & for such number of beneficiary so that impact can be representative assessed.
The successful bidder will be given the copy if sanctioned project during the meeting
with the authority to develop modus appends.
All the bidders with have to quote the cost for Impact Evaluation Study of all projects of shown in Annexure-"A".
3.3 Chapter Under Impact Evaluation Report:-
Impact Evaluation Study of each project should contain an executive summary highlighting Aims,
Outcome , Methodology and strategy adopted. Each document should have the following
Chapters. a) Introduction and Background
b) Designed Output and Expected Outcome. c) Methodology adopted.
d) Finding for the study of each project.
e) Comments on the implementation process , mode of distributing subsidy, record keeping
etc.
f) Conclusion.
g) Annexes
4 Section IV: Time line and Payment Schedule for conducting study.
Agency shall be responsible for the timely delivery of services as described in the Bidding Document.
Timeline
Milestone
Activities
(End Date)
Contract Signing
T
1
2 First round of discussion with Agency to form Project Execution Plan
T + 0.5 Months
from the date of award of contract
3 Submissions of 1 st Draft of report to the Authority by the Agency T + 3 Months
4 Discussion/consultation on 1st Draft with the Agency T + 3.5 Months
Submission of 2nd Draft to the Authority by the Agency after
5 incorporations of the suggestions, views, comments expressed during T + 5.0 Months
the discussion etc. on 1st draft
6 Submission of final Impact Evaluation Report. T + 6.0 Months
7
Acceptance of final Impact Evaluation Report from
T + 7.0 Months
Authority
4.1 Payment Schedule
The Agency shall be remunerated for services delivered to the Authority The payments shall be
made to Agency upon successful achievement of milestones in accordance to the payment terms
mentioned in Section 6.3 Payment terms. The milestone shall deem to be achieved only after
successful completion of all the corresponding activities to the satisfaction of Authority. It may be
noted that the payments shall not be further broken down for activities.
The payment terms are presented in the table below.
S. Activity / Milestone Payment
No.
1. Contract Signing 10% of total agreed sum for the contract
2. Submission of first draft report 30% (thirty five percent) of the Contract amount
shall be given with in 30 (thirty) days
3. Submission of second draft report 30% (thirty five percent) of the Contract amount
shall be given with in 15 (fifteen) days
Submission of 20% (twenty percent) of the Contract amount
4.
final report to Authority shall be given with in 15 (fifteen) days
5. Acceptance of final report from 10% (ten percent) Balance shall be given with- in
Authority 30 (thirty) days
• No escalation of rate will be accepted during the period of contract for
any reason.
• GST/CST/SGST-Income tax and VAT etc. will be deducted as per rate & norms
prevailing in the State.
• No taxes/ Levies/duties etc. shall be added over and above the cost quoted in
financial bid.
• Any such charges, taxes, levies etc. incidental to the study shall be at the cost of
Agency.
5 Section V: Penalty Clause:
The Impact Evaluation report have to be submitted as per time schedule mentioned in the Section
IV of this document. Failure to do or delay in submission of the report shall attract a penalty of Rs.
500/per day which shall be deducted subject to a maximum of 2% (two percent) of the total
agreed/contract cost. Poor quality of report or non-coverage of areas will also invite the penalty. The
Committee shall be empowered to impose penalty of maximum of Rs.50,000/- (Rupees fifty
thousand only) on the Agency in addition to other penalties. This will be in addition to penalty
mentioned in this document under the caption "Performance Assessment" Section 6.3
(Payment Terms).
6 Section VI: General Terms and Conditions
6.1 Contract and Interpretation
1. Definitions 1.1 The following words and expressions shall have the meanings
hereby assigned to them:
“Bidding Documents” refers to the collection of documents issued by the
Authority to instruct and inform Bidder of the processes for bidding,
selection of the winning bid, and Contract information, as well as the
contractual conditions governing the relationship between the Authority
and the Agency.
“Bidder’s Representative” means any person nominated by the Bidder
and approved by the Authority.
“Completion” means that the Impact Evaluation report for each project
of all three years has been completed, that all work in respect of survey,
project documentation or such specific part thereof has been completed,
that all Documentation has been supplied, and are accepted by the
Authority.
“Contract” means the contract entered into between the Authority and
the Agency, and constituted by the Contract Documents.
“Contract Period” is the time period during which this Contract governs
the relations and obligations of the Authority and the Agency.
“Day” means calendar day.
“Defect” means an imperfection or flaw that impairs worth or utility of
the services.
“Deviation” is a departure from the requirements specified in the
Bidding Document.
“Deployment Plan” is the plan of manpower being deployed by the
Agency to execute the project.
“Documentation” means all documentation in printed or printable form
and all instructional and informational aides in any form (including audio,
video, and text) and on any medium, provided to the Authority under the
Contract.
“Effective Date” means the date on which the contract/agreement has
been executed and the Agency has submitted the performance security.
“ Authority” means FW & AD or its authorized representative.
“EMD/Bid Security” means the deposit made by the Bidder to the
Authority/Purchaser show good faith in the Bidding Process.
“Month” means calendar month.
“Omission” is the failure to submit part or all of the information or
documentation required in the Bidding Document
“Reservation” is the setting of limiting conditions or withholding from
complete acceptance of the requirements specified in the Bidding
Document.
“Party” means the Authority or the Agency, as the context requires, and
“Parties” means both of them.
“Services” means a services deliverable specified in the Schedule of
Requirements which is to be delivered to the Authority by or on behalf of
the Agency.
“Schedule of Requirements (SOR)” means the Schedule of Requirements
Section of the Bidding Documents as amended and appended to the
Contract.
“Bidder/Agency/Party/Vendor” means the party named as the Agency
and includes the legal successors or permitted assigns of the Agency.
“Time for Completion” means the time within which Completion of the
services as a whole is to be attained in accordance with the relevant
provisions of the Contract.
2. Law and 2.1 The Contract shall be governed by and interpreted in accordance
Language with laws of India.
2.2 The ruling language of the Contract shall be that stated in the
English.
3. Time for 3.1 The Agency shall commence work as per the period specified in
Commencement the RFP. The Agency shall thereafter proceed with the Services in
and Completion accordance with the time schedule specified in the Implementation
Schedule and any refinements made in the Agreed and Finalized Project
Plan.
3.2 The Agency shall attain Completion Certificate of such part as
specified in the Contract, within the time stated in the RFP or within such
extended time to which the Agency shall be entitled.
4. General 4.1 Survival of the Contract: The provisions of the clauses of this Contract
in relation to documents, data, ownership of data, processes, property,
Intellectual Property Rights, indemnity, publicity, disputes, and
confidentiality and ownership survive the expiry or termination of this
Contract and in relation to confidentiality, the obligations continue to
apply unless the Purchaser notifies the Agency of its release from those
obligations.
4.2 Notice: All notices, requests or consents shall be sent to a Party hereto at its address and contact number specified in Bid Fact Sheet or at
such other address and contact number as is designated by such Party in a
written notice to the other Parties hereto. All such notices and
communications shall be effective:
a. if sent by fax, when sent (on receipt of a confirmation to the correct fax
number) with correct answerback,
b. if sent by person, when delivered with delivery receipt,
c. if sent by e-Mail, followed by hardcopy with delivery receipt.
4.3 Currency : Payment shall be made in Indian Rupees only
6.2 Obligations
1. Agency’s Obligations
1.1 Agency's scope of work: The Agency's obligations shall cover all areas of the scope of work that are classified under Schedule of Requirements. It will be the Agency's responsibility to ensure the proper and successful implementation, performance and continued operation of the proposed solution in accordance with and in strict adherence to the terms of this Bidding document and the Contract.
1.2 Staffing and Agency's team: Agency shall adhere to all the requirements
for Agency's team and staffing as outlined in this Bidding Document. Agency
shall ensure that the Agency's Team is competent, professional and
possesses the requisite qualifications and relevant experience to the task
they are required to perform under this Contract. Agency shall ensure that
the Services are performed through the efforts of the Agency's Team, in
accordance with the terms hereof and to the satisfaction of the Authority.
Nothing in this Contract relieves the Agency from its liabilities or obligations
under this Contract to provide the Services in accordance with the Authority
directions and requirements and as stated in this Bidding Document to the
extent accepted by the Authority and the Agency shall be liable for any non-
performance, non-compliance, breach or other loss and damage resulting
either directly or indirectly by or on account of its Team.
1.3 Assistance to Stakeholders: Agency shall work closely with all key
stakeholders including but not limited to FWAD, Line Departments, and
other agencies and entities as may be appointed by FWAD from time to time
for delivery of services
1.4 Transition: At the time of termination or expiry of the Agency's contract,
Agency shall be responsible for transition to any other agency appointed by
FWAD. The scope of activities for transition, at a minimum, shall be as
outlined in the Contract.
1.5 Agency's representative: The Agency's Representative/Project
Coordinator (s) shall have all powers required for the execution of scope of
work and performance of services under this contract. The Agency's
Representative(s) shall liaise with the Authority Representative for the
proper coordination and timely completion of the works and on any other
matters pertaining to the works. He/she will extend full co-operation to
Authority representative in the manner required by them for
supervision/inspection/observation of the equipment/goods/ material,
procedures, performance, progress, reports and records pertaining to the
works. He/she shall also have complete charge of the Agency's personnel
engaged in the performance of the works and to ensure compliance of rules,
regulations and safety practice.
1.6 Reporting Progress
a) Agency shall monitor progress of all the activities related to the
execution of this contract and shall submit to the Authority at no
extra cost, progress reports with reference to all related work,
milestones and their progress during the execution phase on a bi-
weekly basis.
b) Formats for all above mentioned reports and their dissemination
mechanism shall be discussed and finalized at the initial meeting.
The Authority on mutual agreement between both parties may
change the formats, periodicity and dissemination mechanism for
such reports.
c) Periodic meetings shall be held between the representatives of the
Authority and the Agency once in every 15 days during the execution
phase to discuss the progress of implementation. After the
implementation phase is over, the meeting shall be held as an
ongoing basis, once in every 30 days to discuss the performance of
the contract. Agency shall ensure that the respective data
dissemination/collation teams involved in the execution of work are
part of such meetings.
d) A Project Committee comprising of representatives of the Authority
and senior officials of the Agency shall be formed for the purpose of
this contract. This committee shall meet at intervals, as decided by
the Authority later, to oversee the progress of the project. Agency
shall report to the Steering Committee constituted by FWAD.
e) All the goods, services and manpower to be provided / deployed by
the Agency under the Contract and the manner and speed of
execution and maintenance of the work and services are to be
conducted in a manner to the satisfaction of Authority
representative in accordance with the Bidding Document.
f) The Authority reserves the right to inspect and monitor/assess the
progress/performance of the work / services at any time during the
course of the Contract. The Authority may demand and upon such
demand being made, the Agency shall provide documents, data,
material etc, to enable it to assess the progress/performance of the
work / service.
g) At any time during the course of the Contract, the Authority shall
also have the right to conduct, either itself or through another
agency as it may deem fit, audit to monitor the performance by the
Agency of its obligations/functions in accordance with the standards
committed to or required by the Authority and the Agency
undertakes to cooperate with and provide to the Authority all
Documents and other details as may be required by them for this
purpose. Such audit shall not include Agency's books of accounts.
h) Should the rate of progress of the works or any part of them at any
time fall behind the stipulated time for completion or is found to be
too slow to ensure completion of the works by the stipulated time, or
is in deviation to Bidding Document requirements/ standards,
Authority representative may so notify the Agency in writing.
i) The Agency shall reply to the written notice giving details of the
measures he proposes to take to expedite the progress so as to
complete the works by the prescribed time or to ensure compliance
to Bidding Document requirements. The Agency shall not be
entitled to any additional payment for taking such steps. If at any
time it should appear to the Authority that the actual progress of
work does not conform to the approved programme the Agency
shall produce at the request of the Authority representative a revised
programme showing the modification to the approved programme
necessary to ensure completion of the works within the time for
completion or steps initiated to ensure compliance to the stipulated
requirements.
j) In case during execution of works, the progress falls behind
schedule or does not meet the Bidding Document requirements,
Agency shall deploy extra manpower/ resources to make up the
progress or to meet the Bidding Document requirements.
Programme for deployment of extra man power/ resources will be
submitted to the Authority for its review and approval, which
approval shall not be unreasonably withheld. All time and cost
effect in this respect shall be borne, by the Agency within the
contract value.
1.7 Programme of Work
a) Within 15 business days after the release of Authority Order under
this Contract or prior to initial meeting whichever is earlier, the
Agency shall submit to the Authority for its approval a detailed
programme showing the sequence, procedure and method in which
he proposes to carry out the works as stipulated in the RFP and
shall, whenever reasonably required by the Authority
Representative furnish in writing the arrangements and methods
proposed to be made for carrying out the works. The programme so
submitted by the Agency shall conform to the requirements and
timelines specified in the Contract. The Authority and the Agency
shall discuss and agree upon the work procedures to be followed for
effective execution of the works, which the Agency intends to deploy
and shall be clearly specified. Approval by the Authority's
Representative of a programme shall not relieve the Agency of any
of his duties or responsibilities under the Contract.
1.8 Agency’s Organization
a) The Agency shall supply to the Authority for its approval, within 15
business days after the release of work Order under this Contract or
prior to the initial meeting whichever is earlier, an organization
chart showing the proposed organization/ manpower to be
established by the Agency for execution of the work including the
identities and Curriculum-Vitae of the additional personnel to be
deployed apart from key personnel.
b) The Agency should to the best of his efforts, avoid any change in the
organization structure proposed for execution of this contract or
replacement of any manpower resource appointed at the Authority
Locations. If the same is however unavoidable, due to circumstances
such as the death of resource, Agency shall promptly inform the
Authority in writing and the same shall require subsequent approval
by the Authority.
c) In case of replacement of any manpower resource, the Agency shall
provide an equally or better qualified personnel as a replacement
and with qualification and experience acceptable to the Authority.
The Agency should ensure efficient knowledge transfer from the
outgoing resource to the incoming resource and adequate hand-
holding period and training for the incoming resource in order to
maintain the continued level of service.
d) The Agency shall be responsible for the deployment, transportation,
accommodation and other requirements of all its employees
required for the execution of the work and provision of services for
all costs/charges in connection thereof.
1.9 Authority Obligation
a) The Authority shall appoint a nodal officer/ board for monitoring
the implementation of the project and for issuing necessary
instructions, approvals, commissioning, acceptance certificates,
payments etc. to the Agency.
b) The Authority shall ensure that timely approval is provided to the
Agency as and when required, which may include approval of
project plans, implementation methodology, design documents, or
any other document necessary in fulfillment of this contract.
c) The Authority's Representative shall interface with the Agency, to
provide the required information, clarifications, and to resolve any
issues as may arise during the execution of the Contract. Authority
shall provide adequate cooperation in providing details,
coordinating and obtaining of approvals from various governmental
agencies, in cases, where the intervention of the Authority is proper
and necessary.
d) Authority may provide on Agency's request,
particulars/information/ or documentation that may be required by
the Agency for proper planning and execution of work and for
providing services covered under this contract.
e) Authority shall identify stakeholders and ensure their availability in
terms of their time, personnel and access to the facilities for
carrying out periodic audits and assessments.
f) In case of incident/fraud, Authority shall facilitate interactions with
the law enforcement agencies, media and appropriate Government
agencies.
6.3 Payment terms
1. Terms of
Payment
1.1 The Agency’s request for payment shall be made to the Authority in
writing, accompanied by
(a) an invoice describing, as appropriate, (a) the Services provided;
(b) when the Services supplied are accepted; and
(c) All taxes, duties and other charges of the products
and services have been duly paid by the Agency.
1.2 Payments shall be made promptly by the Authority within fifteen(15)
days after submission of a valid invoice by the Agency.
1.3 All payments agreed to be made by Authority to the Agency in
accordance with the Bid shall be inclusive of all, statutory levies, duties,
taxes and other charges whenever levied/applicable including costs of
maintenance, if any and Authority shall not be liable to pay any such
levies/other charges under or in relation to this Contract and/or the
Services.
1.4 No invoice for extra work/ change order on account of change order
will be submitted by the Agency unless the said extra work / change order
has been authorized/ approved by the Authority in writing.
1.5 In the event of Authority noticing at any time that any amount has
been disbursed wrongly to the Agency or any other amount is due from
the Agency to the Authority, the Authority may without prejudice to its
rights recover such amounts by other means after notifying the Agency or
deduct such amount from any payment falling due to the Agency. The
details of such recovery, if any, will be intimated to the Agency. The
Agency shall receive the payment of undisputed amount under
subsequent invoice for any amount that has been omitted in previous
invoice by mistake on the part of the Authority or the Agency.
1.6 The payment shall be made to the Agency after deduction of all
applicable penalties, taxes, etc.
2. Deductions 2.1 Authority shall be at liberty to deduct penalties from the invoices
raised by the Agency as calculated by Authority for non adherence to
Service Level Agreements.
2.2 All payments to the Agency shall be subject to the deductions of tax at
source under Income Tax Act, and other taxes and deductions as provided
for under any law, rule or regulation. All costs, damages or expenses which
Authority may have paid or incurred, for which under the provisions of the
Contract, the Agency is liable, the same shall be deducted by Purchaser
from any dues to the Agency. All payments to the Agency shall be made
after making necessary deductions as per terms of the Contract and
recoveries towards facilities, if any, provided by the Authority to the
Agency on chargeable basis.
2.3 Performance Assessment: If during execution of the work,
following problems are to be found, then a penalty of 0.1 % of the Contract
value per week (subject to maximum of 1%) may be imposed by Authority.
I. Quality of deliverable is not up to the mark, (till the quality is improved to the required extent)
II. Delays in deliverables.
III. Not assigning adequate resources in time.
IV. Not engaging resources on a dedicated basis, even when required.
V. Assigning resources that do not meet the client's requirements.
VI. Inadequate interaction with the client department.
VII. The work is either not complete or not completed satisfactorily as
per the approved time schedule or the quality of deliverable.
If the delay is beyond 8 weeks then the Authority may rescind the contract
and shall be free to get it done from other Agency at the risk and cost of
the appointed Agency. Authority may debar the Agency for applying in its
future engagement also.
3. Performance 3.1 Issuance of Securities
Security
The Agency shall provide the securities specified below in favor of the
Authority at the times, and in the amount, manner and form specified
below.
3.2 Performance Security
The Agency shall, within fifteen (15) days of the issuance of work Order,
provide a security for the due performance of the Contract as per the Bid
Fact Sheet. The format of the Performance Security is provided in Section
7.6 Format for Performance Security.
The performance security shall be valid for a period of 3
months beyond the expiry of the contract or any extended
period.
4. Taxes and 4.1 For Services supplied from outside the Authority country, the
Duties Agency shall be entirely responsible for all taxes, stamp duties, license
fees, and other such levies, payable in the Authority's country.
4.2 For Services supplied locally, the SI shall be entirely responsible
for all taxes, duties, license fees, etc., incurred until delivery of the
contracted Services to the Authority.
6.4 Intellectual Property Rights (IPR)
1. IPR 1.1 Any / all Intellectual Property Rights owned by the Agency prior
to the execution date and/ or applied for prior to the execution date
("herein after referred to as "pre-existing IPR") shall strictly vest with the
Agency as the case maybe and the Authority shall have no right
whatsoever on such Intellectual Property Rights.
1.2 Any / all Intellectual Property owned by the Authority prior to the
execution date and/ or any Intellectual Property Right applied for prior to
the execution date ("herein after referred to as "pre-existing IP") shall
strictly vest with the Authority and the Agency shall have no right
whatsoever on such Intellectual Property.
1.3 After the execution date the Authority shall exclusively own/ have
rights/ title and have right in perpetuity to use all Intellectual Property
that:
are newly created (including customizations) and developed by
the Agency during execution of this Contract and/ or for the
exclusive use of the Authority or primarily in connection with
the Authority 's Assets;
1.4 The Agency shall grant non-exclusive, non-transferable, irrevocable
licenses, to the Authority, for its project at Authority locations, to use
their pre-existing IPRs and any foreground IPRs developed by them after
the execution date, but not restricted to the term of this Contract.
1.5 If Authority desires, the Agency shall be obliged to ensure that all
approvals, registrations, licenses, permits and rights etc. which are inter-
alia necessary for use of the goods supplied / installed by the Agency, the
same shall be acquired in the name of the Authority, prior to termination
of this Contract and which may be assigned by the Authority to the
Agency for the purpose of execution of any of its obligations under the
terms this Contract.
1.6 Agency shall ensure that while it uses any software, hardware,
processes, document or material in the course of performing the
Services, it does not infringe the Intellectual Property Rights of any
person/ third party and SI shall keep the Authority indemnified against
all costs, expenses and liabilities.
6.5 Indemnity
1. Indemnity 1.1 The Agency undertake to:
a) indemnify the Authority from and against any liability, cost, loss,
or expense of any kind whatsoever;
b) hold the Authority harmless and save it from any liability, cost,
loss, or expense of any kind whatsoever; and
c) defend any suit or proceeding against the Authority, arising out of
or based on any claim, demand, or action arising out of any claims
whatsoever and including but not restricted to claims under torts,
infringement of any Intellectual Property Right conferred by
contract or by common law or by any law in force within the state
of India or any State, breach of any licenses owned by the Agency
(including licenses for which the Authority has signed the license
agreements, but of which the Agency is the owner), alleged to have
occurred because of any product, good, service, data, or
Confidential Information provided or work performed by the
indemnitor.
1.2 The Agency shall pay any/ all costs/ damages/ or awards of
settlement, including court costs (including any/ all attorney fees, Court
fee), arising out of any claim, demand, or action, provided that the
conditions as laid down in Clause 6.5 hereinabove are satisfied. The
Agency will indemnify if the claim of infringement/ breach of terms/
misuse is caused by:
a) The Agency's misuse or modification of the Goods and Services;
b) Any negligence or wrongful act or omission by the Agency or the
Agency's Team or any of their employees or servants or agents in
connection with or incidental thereto; or
payment of all registration and renewal fees) required to maintain
any Intellectual Property Right/ General Public License/ Open
Source License etc. in full force and effect.
2. Undertaking in 2.1 Intellectual Property Right - In the event that the Agency or any of
view of their employees or servants or agents, are held in such a suit or
Indemnification proceeding for infringement of any Intellectual Property Right conferred
by contract or by common law or by any law in force within the state of
India alleged to have occurred because of any product, good, service or
data, then the Agency shall, at its sole expense:
a) Procure for the Authority the right to continue using such
product, Good, service or data or information or portion thereof;
b) Replace the same with non-infringing product, Good, service or
data or information of equivalent functions and efficiency,
compatible with the existing technology; or
c) Modify the product, Good, service or data or information such
that it no longer infringes the third-Party intellectual property
right within the State of India or any State.
2.2 In the event the Agency is unable to accomplish any of the outcomes
set forth above in Clause 3.2.1, the Agency shall be liable to pay to the
Purchaser amount as would be calculated by the Purchaser keeping in
view the damage/ cost/ harm/ injury and/ or harassment caused to it.
2.3 The Authority's Infringement Responsibilities: To receive the
foregoing indemnity, the Purchaser must notify the Agency in writing of
a claim/ suit or any other proceedings promptly and provide all
reasonable cooperation (at the Company's expense) and full authority to
defend and settle the claim/ suit or any other proceedings. The
Authority's shall not have any obligation to indemnify the Agency under
any settlement made without Purchaser's consent.
6.6 Confidentiality
1. Confidential 1.1 All information (whether written/ tangible or oral/ Intangible)
Information furnished by the Authority or any third party to the Agency or Agency's
Representatives/ employees/ agents, in connection with this Contract, and
all analyses, compilations, studies or other information documents or
materials prepared by Agency or Agency's Representatives/ employees/
agents etc., in relation to information obtained by the Agency in
connection to and under the purview of this Contract shall be considered
Confidential Information.
1.2 All information disclosed in writing or email or other tangible
electronic storage medium, shall be clearly marked "Confidential" by the
Authority . information which:
basis from a source (other than the Purchaser) which, to the best
of Agency's knowledge after reasonable inquiry, is not known to
be bound by confidentiality clause/ agreement, fiduciary
obligation or other legal or contractual restriction that may
prohibit the disclosure of such information;
was or became publicly available as a matter of law or otherwise
without any disclosure by the Agency or Agency's
Representatives;
was or is developed by the Agency or Agency's Representatives
without reference to any information received from the
Authority in connection with this Agreement;
has been approved for release in writing by an authorized
representative of the Authority; and
is not marked or otherwise identified as Confidential accordance
to terms of this RFP
2. Terms of 2.1 The Agency shall :
Confidentiality a. acknowledges the confidential and proprietary nature of the
information
b. shall keep the information confidential and will not without the prior
written consent of the Purchaser, disclose any information to any person
(including, without limitation, any member of the media, or any other
individual, corporation, partnership, limited liability company,
Government agency, or group) in any manner whatsoever
c. will not use any information other than for the purpose contained
within the contract terms.
2.2 The Agency shall be responsible for any breach of confidentiality by
any of its employees/ agents/ representatives.
2.3 The Agency shall use all reasonable endeavors to ensure that any
Government Department, Court, Contracting Authority, employee, third
party to whom the Contractor's Confidential Information is disclosed is
made aware of the Agency’s obligations of confidentiality.
2.4 Agency and/ or its agents/ employees/ representatives shall not
(unless provided for elsewhere in the contract), without prior written
consent from the Authority’s disclose to any person the fact of this
Contract or the information existing therein or which has been made
available, that the Agency is considering the transaction, or that
discussions or negotiations are taking place or have taken place concerning
the transaction or any term, condition or other fact relating to this
contract, the transaction thereof or such discussions or negotiations,
including, without limitation, the status thereof.
2.5 In the event that Agency is requested pursuant to, or required by, applicable
law, regulation or legal process to disclose any of the confidential
information or matters contemplated hereinabove, then the Agency shall
furnish only that portion of the confidential information which is legally
required. The Agency will otherwise reasonably cooperate with the
Authority to preserve the confidentiality of the Information. The Agency
shall however, immediately notify the Authority promptly so that the
Authority may seek a protective order or other appropriate remedy.
3. Publicity Media and official enquiries :-
3.1 The agency under take not top make any press announcement or publicize
the contract or any part there of in any way except with prior written
consent of the Authority .
3.2 The Agency undertake to take all reasonable steps to ensure that its
servant / agents/ representative / professional advisors and consultants
comply with this contract.
6.7 Default
1.Event of Default by the Agency :- The failure on the part of the Agency to perform any of its
obligation or comply with any of the term of this contract shall constitute
an event of Default on the part of Agency. The events of defaults as
mentioned above may include but not restricted to inter-alia the following
:-
The Agency team has failed to perform any instruction or directives
issued by the authority which it deemed proper and necessary to
execute the scope of work or provide services under this contract ;
and or
The Agency's team has failed to conform/adhere to any of the Service Level Agreements resulting in falling short of matching such standards / benchmarks / targets as the Authority may performance of services under this Contract. The above mentioned failure on the part of the Agency may be in terms of failure to adhere to performance, quality, timelines, specifications, requirements or any other criteria as defined by the Authority; and / or the Agency has failed to remedy a defect or failure to perform its obligations in accordance with the specifications issued by the Authority from time to time, despite being served with a default notice which laid down the specific deviance on the part of the Agency Team to comply with any stipulations or standards as laid down by the Authority; and / or
the Agency's Team has failed to adhere to any amended directions,
instructions, modifications, notifications or clarifications as issued by the
Authority during the term of this Contract and which the Authority deems
proper and necessary for the execution of the scope of work under this
Contract; and / or
the Agency's Team has failed to demonstrate or sustain any
representation or warranty made by it in this Contract, with respect to
any of the terms of its Bid, the Bidding Document and this Contract; and
/ or
Tthere is a proceeding for bankruptcy, insolvency, winding up or there is
an appointment of receiver, liquidator, assignee, or similar official against
or in relation to the Agency; and / or
the Agency’s Team has failed to comply with or is in breach or
contravention of any applicable laws; and/ or
the Agency's Team has failed to comply with or adhere to any of the terms
& conditions of this contract
1.2 Where there has been an occurrence of such defaults inter alia as
stated above, the Authority shall issue a notice of default to the Agency,
setting out specific defaults / deviances / omissions / non-compliances /
non-performances and providing a notice of Sixty (60) days to enable
such defaulting party to remedy the default committed.
1.3 Where despite the issuance of a default notice to the Agency' by the
Authority the Agency' fails to remedy the default to the satisfaction of
the Authority, the Authority may, where it deems fit, issue to the
defaulting party another default notice or proceed to adopt such
remedies as may be available to the Authority.
2. Consequence
of Event of
2.1 Where an Event of Default subsists or remains uncured Authority shall be entitled to:
the
Default a) Impose any such obligations and conditions and / or issue any
directions / notifications / clarifications as may be necessary to
inter alia ensure smooth continuation of the project and the
services which the Agency shall be obliged to comply with that
may include re-determination of the consideration payable to the
Agency as agreed mutually by Authority and Agency or through a
third party acceptable to both parties. The Agency shall in
addition take all available steps to minimize loss resulting from
such event of default.
b) Suspend all payments to the Agency under the Contract by a
written notice of suspension to the Agency, provided that such
notice of suspension:
a. Shall specify the nature of the failure; and
b. Shall request the Agency to remedy such failure within a
specified period from the date of receipt of such notice of
suspension by the Agency.
c) Failure on the part of the Agency to continue, shall amount to a
breach of the terms hereof and the Authority in addition to all
other rights, have the right to claim damages and recover from the
Agency all losses/ or other damages that may have resulted from
such failure.
d) In such case the Authority shall retain the rights to terminate the
contract in part or in full. The Purchaser shall give 30 days notice
to the Agency of its intention to terminate the Contract and shall
so terminate the Contract unless during the 30 days’ notice
period, the Agency initiates remedial action acceptable to the
Authority.
e) Retain such amounts from the payment due and payable by the
Authority to the Agency as may be required to offset any losses
caused to the Authority as a result of such event of default and the
Agency shall compensate the Authority for any such loss, damages
or other costs, incurred by the Authority in this regard. Nothing
herein shall effect the continued obligation of the Agency and
Agency's Team to perform all their obligations and
before the occurrence of the default.
f) Invoke the Performance Security and other Guarantees furnished
hereunder, enforce the Indemnity, recover such other costs/losses
and other amounts from the Agency as may have resulted from
such default and pursue such other rights and/or remedies that
may be available to the Authority under law.
g) Require the Agency to make all such payments as may be incurred
/ losses borne by the Authority in getting such work done through
any third party as a result of any default on the part of the Agency.
Agency agrees to compensate the Authority for all such costs
incurred by the Authority in this regard.
6.8 Termination
1. Termination 1.1 The Authority may, terminate this Contract in whole or in part by
giving the Agency a prior and written notice of 60 days indicating its
intention to terminate the Contract under the following circumstances:
Where the Authority is of the opinion that there has been such
Event of Default on the part of the Agency which would make it
proper and necessary to terminate this Contract and may
include failure on the part of the Agency to respect any of its
commitments with regard to any part of its obligations under its
Bid, the Bidding Document or under this Contract.
Where it comes to the Authority 's attention that the Agency (or
the Agency's Team) is in a position of actual conflict of interest
with the interests of the Authority, in relation to any of terms of
the Agency 's Bid, the Bidding Document or this Contract.
Where the Agency ability to survive as an independent corporate
entity is threatened or is lost owing to any reason whatsoever,
including inter-alia the filing of any bankruptcy proceedings
against the Agency, any failure by the Agency to pay any of its
dues to its creditors, the institution of any winding up
proceedings against the Agency or the happening of any such
events that are adverse to the commercial viability of the Agency.
In the event of the happening of any events of the above nature,
the Authority shall reserve the right to take any steps as are
necessary, to ensure the effective transition of the project to a
successor agency, and to
Termination for Insolvency: The Authority may at any time
terminate the Contract by giving written notice to the Agency,
without compensation to the Agency, if the Agency becomes
bankrupt or otherwise insolvent, provided that such termination
will not prejudice or affect any right of action or remedy which
has accrued or will accrue thereafter to the Authority.
Termination for convenience: The Authority, may by a written notice sent to the Agency, terminate the contract, in whole or in
part
at
any
time
for
its
convenience.
The
notice
for
such
termination may specify that the termination is for the Authority
's convenience, the extent to which the performance of the work
under the contract is terminated, and the date upon which such
termination becomes effective.
1.2 The Agency may, subject to approval by the Authority, terminate this
Contract before the expiry of the term by giving the Authority a prior and
written notice at least 60 days in advance indicating its intention to
terminate the Contract.
6.9 Arbitration
1. Arbitration
1.1 Authority and the successful bidder shall make every effort to
resolve amicably by direct informal or formal form of negotiation
any disagreement or dispute arising between them under or in
connection with the Contract. Performance of the Contract is
governed by the terms and conditions of the Contract. However at
times dispute may arise about any interpretation of any term or
condition of Contract including
the scope of work, the clauses of payments etc. In such a situation
either party of the contract may send a written notice of dispute to
the other party. The party receiving the notice of dispute will
consider the Notice and respond to it in writing within 15 days
after receipt. If that party fails to respond within 15 days, or the
dispute cannot be amicably settled within 30 days following the
response of that party, then Clause 1.2 of Arbitration shall become
applicable.
1.2 In the event of any question, dispute or difference arising out of or in
connection with the conditions mentioned in the RFP and sanctioned
letter, the same shall be referred for the Sole Arbitration of any person
appointed by the Principal Secretary, Government of Madhya Pradesh,
Deptt. of Farmer Welfare and Agriculture Development. There shall be
no objection if the person so appointed is a Government Servant.
1.3 If, after thirty (30) days from the commencement of such
negotiations, Authority and the selected Agency have been unable to
amicably resolve dispute, either party may require that the dispute be
referred for resolution to the formal mechanisms, which may include,
but are not restricted to, conciliation mediated by a third party
acceptable to both, or in accordance with the Arbitration and
Conciliation Act, 1996. All Arbitration proceedings shall be held at
Madhya Pradesh State and the language of the arbitration proceedings
6.10 Force Majeure
1. Force Majeure 1.1 Neither party shall be responsible to the other for any delay or
failure in performance of its obligations due to any occurrence
commonly known as Force Majeure which is beyond the control of any of
the parties, including, but without limited to, fire, flood, explosion, acts
of God or any Governmental body, public disorder, riots, embargoes, or
strikes, acts of military authority, epidemics, strikes, lockouts or other
labour disputes, insurrections, civil commotion, war, enemy actions.
1.2 If a Force Majeure arises, the Bidder shall promptly notify Authority
in writing of such condition and the cause thereof. Unless otherwise
directed by Authority, the successful bidder shall continue to perform his
obligations under the contract as far as is reasonably practical, and shall
seek all reasonable alternative means for performance not prevented by
the Force Majeure event. The successful bidder shall be excused from
performance of his obligations in whole or part as long as such causes,
circumstances or events shall continue to prevent or delay such
performance.
7 Section VII: Bidding Forms
7.1 Formats for Clarification
7.1.1 Format for submission of Queries
[ON BIDDERS LETTERHEAD]
To, The Director, Directorate Farmer Welfare and Agriculture Development, Vindhyachal Bhawan, Bhopal, Madhya Pradesh – 462004.
Date: DD/MM/YYYY
Sub: Submission of Clarification of Clarifications by <<firm name>>
Ref: <<RFP Title>> (Bidding Document No: Dated: / / )
Dear Sir,
We have gone through the bid document and have the following queries. Request you to kindly address the same. We seek your clarification on the queries mentioned below.
# Clause No Page Existing Clause Query/Remarks
in RFP Number
Date: Signature of Authorized
Representative:
Name of Bidder:
Full Address:
Telephone No.:
7.2 Format for Particulars of the Bidder
Details of the Bidder (Company)
A. Name of the Bidder
B. Address of the Bidder
C. Year of Incorporation
D. Registration Number &
Registration Authority
E. Legal Status (Public/Private)
F. Name & Designation of the
Authorized person to whom
all references shall be made
regardingthisBidding
Document
G. Telephone No. (with STD
Code)
H. E-Mail of the Contact person:
I. Fax No. (with STD Code)
J. Website:
K. Financial Detail FY 16-17:
(Organization’s turnover of
FY 15-16:
last three financial years)
FY 14-15:
L. Service Tax Number:
M. PAN:
N. EMD Details Instrument: FDR / Demand Draft
FDR No. / DD No.:
Date:
Amount:
Bank Name:
Date: Signature of Authorized
Representative Name of Bidder:
Full Address:
Telephone No.:
7.3 Format for Technical Proposal Covering Letter
To, The Director, Directorate Farmer Welfare and Agriculture Development, Vindhyachal Bhawan, Bhopal, Madhya Pradesh – 462004.
Date: DD/MM/YYYY
Sub: Covering letter for Technical Proposal for referred Bidding Document
Ref: <<RFP Title>> (NIT No: Dated: / / )
Sir,
Having examined the RFP, the receipt of which is hereby duly acknowledged, we, the
undersigned, offer to carry out the work as and outlined in the RFP. We attach here with the
technical response as required by the RFP.
We confirm that the information contained in these responses or any part thereof, including
the exhibits, and other documents and instruments delivered or to be delivered to FWAD is
true, accurate, verifiable and complete. This response includes all information necessary to
ensure that the statements therein do not in whole or in part mislead the department in its
short-listing process.
We fully understand and agree to comply that on verification, if any of the information
provided here is found to be misleading the selection process, we are liable to be dismissed
from the selection process or termination of the contract during the project, if selected to do
so.
We agree for unconditional acceptance of all the terms and conditions set out in the RFP
document and also agree to abide by this Bidding Document response for a period of 180 days
from the date fixed for bid opening.
We hereby declare that in case the contract is awarded to us, we shall submit the contract
performance security bond in the form prescribed in the RFP.
We agree that you are not bound to accept any Bidding Document response you may receive.
We also agree that you reserve the right in absolute sense to reject the solution completely
It is hereby confirmed that I/We are entitled to act on behalf of our company/ corporation/
firm/ organization and empowered to sign this document as well as such other documents,
which may be required in this connection.
Date: Signature of Authorized
Representative Name of Bidder:
Full Address: Telephone
No.:
7.4 Formats for Checklist of Technical proposal Sl. No. Items Submission Documentary Status Proof (Page (Yes /No) No.)
1. Bidder must be incorporated or registered in India under the Indian Companies Act, 1956 (including Section – 25 ofthe Act) or Limited Liability Partnerships (registered under LLP Act, 2008) Society/Firm registered in India since more than five years as on 31.03.2016.
2. The bidder should have minimum average annual turnover of INR 70,00,000 or more for the last three Financial
Years
( FY 16-17, FY 15-16,FY 14-15).
The bidder should have positive net worth for the last three Financial Years (FY 16-17, FY 15-16, FY 14-15,).
3.
The Bidder in India should have an experience in 4. preparation of at least 3 (three) agriculture and allied
sectors assignment / Impact Evaluation Studies for any State Government, Government Undertaking, Central Government or any other Public Sector undertaking in India during last 3 financial years (FY 16-17, FY 15-16,FY 14-15).Total value of these three work orders of preparing of the assignment should be at least INR 25,00,000.
.
The Bidder in India should have at least 2 minimum
resources in each of the following skill set with
relevant year of experience. All resource should be
permanent/part time employee of Bidder.
5
i) Natural Resource Management/ Environmental
sciences
ii) Agricultural and Allied sectors
iii) Social Science/Social Economics (
iv) Civil Works
v) Statistics
vi) Documentation
The Bidder shall not be under a declaration of ineligibility 6.
for corrupt or fraudulent practices as on date of submission
of bid and also not blacklisted or under litigation by any
State/Central/UTs Government at the time of bidding.
7.
The Bidder should have a point of presence in M.P. or
should open a Project Office within 30 days of receipt of
Letter of Intent (LoI).
8. The bidder (Prime) should be registered with Service Tax,
Provident Fund and Professional Tax and should have
valid TAN and PAN numbers.
7.4.1 SELF-DECLARATION {to be filled by the bidder}
To, The Director, Directorate Farmer Welfare and Agriculture Development, Vindhyachal Bhawan, Bhopal, Madhya Pradesh – 462004.
In response to the NIT Ref. No. dated for
{Project Title},asanOwner/Partner/ Director/Auth. Sign. of , I/ We hereby declare that presently our Company/
firm , at the time of bidding,: -
a) possess the necessary professional, technical, financial and managerial resources and competence required by the Bidding Document issued by the Procuring Entity;
b) have fulfilled my/ our obligation to pay such of the taxes payable to the Union and the State Government or any local authority as specified in the Bidding Document;
c) is having unblemished record and is not being blacklisted or declared ineligible for corrupt & fraudulent practices either indefinitely or for a particular period of time by any State/ Central government/ PSU/ UT.
d) does not have any previous transgressions with any entity in India or any other country during the last three years.
e) does not have any debarment by any other procuring entity.
f) is not insolvent in receivership, bankrupt or being wound up, not have its affairs administered by a court or a judicial officer, not have its business activities suspended and is not the subject of legal proceedings for any of the foregoing reasons;
g) does not have, and our directors and officers not have been convicted of any criminal offence related to their professional conduct or the making of false statements or misrepresentations as to their qualifications to enter into a procurement contract within a period of three years preceding the commencement of the procurement process, or not have been otherwise disqualified pursuant to debarment proceedings;
h) does not have a conflict of interest as mentioned in the bidding document which materially affects the fair competition.
i) will comply with the code of integrity as specified in the bidding document.
If this declaration is found to be incorrect then without prejudice to any other action that may be taken as per the provisions of the applicable Act and Rules thereto prescribed by GoMP, my/ our security may be forfeited in full and our bid, to the extent accepted, may be cancelled.
Thanking you, Name of the Bidder: -
Authorized Signatory: - Seal of the Organization
Date: Place:
Email:____
Mobile no.
7.4.2 Format for Statement of no deviation from the bidding document
[ON BIDDERS LETTERHEAD]
To, The Director, Directorate Farmer Welfare and Agriculture Development, Vindhyachal Bhawan, Bhopal, Madhya Pradesh – 462004.
Date: DD/MM/YYYY
Sub: Undertaking of no deviation from RFP terms and condition
Ref: <<RFP Title>> Bidding Document No: Dated: / / )
Sir,
This is to confirm that the proposal submitted by <<bidder name>>, is in complete agreement
with the RFP and the corrigendum(s) issued thereof and there is no deviation what so ever.
Date:
Signature of Authorized
Representative : Name of Bidder:
Full Address:
TelephoneNo.:
7.5 FINANCIAL BID COVER LETTER & FORMAT
{to be submitted by the bidder on his Letter head}
To, The Director, Directorate Farmer Welfare and Agriculture Development, Vindhyachal Bhawan, Bhopal, Madhya Pradesh – 462004.
Reference: NIT No. : Dated:
Dear Sir,
We, the undersigned bidder, Having read & examined in detail, the Bidding Document, the receipt of which is hereby duly acknowledged, I/ we, the undersigned, offer to work as mentioned in the Scope of the work, Service Level Standards & in conformity with the said bidding document for the same.
I / We undertake that the prices are in conformity with the specifications prescribed. The quote/ price are inclusive of all cost likely to be incurred for executing this work. The prices are inclusive of all type of govt. taxes/duties as mentioned in the financial bid.
I / We undertake, if our bid is accepted, to deliver the services in accordance with the work order.
I/ We hereby declare that in case the contract is awarded to us, we shall submit the contract performance guarantee as prescribed in the bidding document.
I / We agree to abide by this bid for a period of days after the last date fixed for bid submission and it shall remain binding upon us and may be accepted at any time before the expiry of that period.
Until a formal contract is prepared and executed, this bid, together with your written acceptance
thereof and your notification of award shall constitute a binding Contract between us.
I/ We hereby declare that our bid is made in good faith, without collusion or fraud and the information contained in the bid is true and correct to the best of our knowledge and belief.
We understand that you are not bound to accept the lowest or any bid you may receive.
We agree to all the terms & conditions as mentioned in the bidding document and submit that we have not submitted any deviations in this regard.
Date: Authorized Signatory
Name: Designation:
7.5.1 Financial Bid Format
Conducting Impact Evaluation
Study
Engagement: of
Project under RKVY for the
year
2014-15 & 2015-16
Name of the Bidder:
Year 2014-15 All Tax as applicable
Total 2014-15
2015-16 All Tax as applicable
Total
2015-16
Total Cost for all projects
mentioned in Annexure – A
for each financial year
separately.
Amount in Words
Amount in Figures
Total
*The amount include all types of expenses including the expenses for holding of workshops, if any, non-salary expenditure on field works etc. This also includes any taxes, levies etc. incidental to this activity.
* Note: Taxes, as applicable, will be deducted/paid as per the prevalent rules and regulations.
7.6 Format for Performance Security
[Date] To, The Director, Directorate Farmer Welfare and Agriculture Development, Vindhyachal Bhawan, Bhopal, Madhya Pradesh – 462004.
Sub: Performance Bank Guarantee
Ref: <<RFP Title >> (Tender No: Dated: / / ) Dear Sir,
WHEREAS
M/s. (name of bidder), a company registered under the Companies Act, 1956, having its
registered office at (address of the bidder), (hereinafter referred to as “our constituent”,
which expression, unless excluded or repugnant to the context or meaning thereof, includes
its successors and assignees), agreed to enter into a contract dated …….. (Herein after,
referred to as “Contract”) with you (Directorate, Farmer Welfare and Agriculture
Development (FWAD) for referred RFP.
We are aware of the fact that as per the terms of the contract, M/s. (name of bidder) is
required to furnish an unconditional and irrevocable bank guarantee of amount 10% of
work order in favor of FWAD for an amount <<....>> and guarantee the due performance by
our constituent as per the contract and do hereby agree and undertake to pay the amount
due and payable under this bank guarantee, as security against breach/ default of the said
contract by our constituent.
In consideration of the fact that our constituent is our valued customer and the fact that he
has entered into the said contract with you, we, (name and address of the bank), have
agreed to issue this Performance Bank Guarantee. Therefore, we (name and address of the
bank) hereby unconditionally and irrevocably guarantee you as under:
In the event of our constituent committing any breach/default of the said contract, and
which has not been rectified by him, we hereby agree to pay you forthwith on demand such
sum/s not exceeding the sum of amount <<....>>), without any demur.
Notwithstanding anything to the contrary, as contained in the said contract, we agree that your decision as to whether our constituent has made any such default(s) / breach(es), as aforesaid and the amount or amounts to which you are entitled by reasons thereof, subject to the terms and conditions of the said contract, will be binding on us and we shall not be entitled to ask you to establish your claim or claims
under this Performance Bank Guarantee, but will pay the same forthwith on your demand
without any protest or demur. This PBG will remain valid for 1 Year.
We further agree that the termination of the said agreement, for reasons solely attributable
to our constituent, virtually empowers you to demand for the payment of the above said
amount under this guarantee and we would honor the same without demur.
We hereby expressly waive all our rights to pursue legal remedies against FWAD and other
Concerned Government Departments of Madhya Pradesh.
We the guarantor, as primary obligor and not merely surety or guarantor of collection, do
hereby irrevocably and unconditionally give our guarantee and undertake to pay any
amount you may claim (by one or more claims) up to but not exceeding the amount
mentioned aforesaid during the period from and including the date of issue of this
guarantee through the period.
We specifically confirm that no proof of any amount due to you under the contract is
required to be provided to us in connection with any demand by you for payment under this
guarantee other than your written demand.
Any notice by way of demand or otherwise hereunder may be sent by special courier, telex,
fax, registered post or other electronic media to our address, as aforesaid and if sent by post,
it shall be deemed to have been provided to us after the expiry of 48 hours from the time it
is posted.
If it is necessary to extend this guarantee on account of any reason whatsoever, we
undertake to extend the period of this guarantee on the request of our constituent upon
intimation to you.
This Performance Bank Guarantee shall not be affected by any change in the constitution of
our constituent nor shall it be affected by any change in our constitution or by any
amalgamation or absorption thereof or therewith or reconstruction or winding up, but will
ensure to your benefit and be available to and be enforceable by you during the period from
and including the date of issue of this guarantee through the period.
Notwithstanding anything contained hereinabove, our liability under this Performance
Guarantee is restricted to amount <<....>>), and shall continue to exist, subject to the terms
and conditions contained herein, unless a written claim is lodged on us on or before the
aforesaid date of expiry of this guarantee.
We hereby confirm that we have the power/s to issue this Guarantee in your favor under the
Memorandum and Articles of Association/ Constitution of our bank and the undersigned
is/are the recipient of authority by express delegation of power/s and has/have full power/s
to execute this guarantee under the Power of Attorney issued by the bank in your favor.
We further agree that the exercise of any of your rights against our constituent to enforce or
forbear to enforce or any other indulgence or facility, extended to our constituent to carry
out the contractual obligations as per the said Contract, would not release our liability
under this guarantee and that your
right against us shall remain in full force and effect, notwithstanding any arrangement that
may be entered into between you and our constituent, during the entire currency of this
guarantee.
Notwithstanding anything contained herein, our liability under this Performance Bank
Guarantee shall not exceed amount INR <<....>>
The PBG shall be remain valid during the entire project period (1 Year);
Any payment made hereunder shall be free and clear of and without deduction for or on
account of taxes, levies, imports, charges, duties, fees, deductions or withholding of any
nature imposts.
This Performance Bank Guarantee must be returned to the bank upon its expiry. If the bank
does not receive the Performance Bank Guarantee within the abovementioned period,
subject to the terms and conditions contained herein, it shall be deemed to be automatically
cancelled.
This guarantee shall be governed by and construed in accordance with the Indian Laws and
we hereby submit to the exclusive jurisdiction of courts of Justice in Bhopal (M.P) for the
purpose of any suit or action or other proceedings arising out of this guarantee or the
subject matter hereof brought by you may not be enforced in or by such count.
Dated ……………………. this ……….. day
…………. 2017
Yours faithfully,
For and on behalf of the
…………… Bank,
(Signature)
Designation
(Address of the
Bank) Note:
This guarantee will attract stamp duty as a security bond.
A duly certified copy of the requisite authority conferred on the official/s to execute the
guarantee on behalf of the bank should be annexed to this guarantee for verification and
retention thereof as documentary evidence.
7.7 Format for Power of Attorney
(To be provided in original as part of Technical Proposal on stamp paper of value
required under law duly signed by ‘bidder’ for the tender)
Dated:
POWER OF ATTORNEY
To Whomsoever It May Concern
Know all men by these presents, we (name and registered office address of the
Bidder) do hereby constitute, appoint and authorize Mr. (Name of the Person(s)),
domiciled at (Address), acting as (Designation and the name of the firm),
as Authorized Signatory and whose signature is attested below, as our attorney, to do in our
name and on our behalf, all such acts, deeds and things necessary in connection with or
incidental to our Proposal for “Request for Proposal for Conducting Impact Evaluation Study of Project under RKVY implemented during, 2014-15 & 2015-16 in vide Notice Inviting Tender (NIT) dated , issued by The Director, Farmer Welfare and Agriculture Development, Bhopal, Madhya Pradesh including signing and submission of all documents and providing information and responses to clarifications / enquiries etc. as may be required by FWAD (Farmer Welfare and Agriculture Development) or any governmental authority, representing us in all matters before FWAD, and generally dealing with FWAD in all matters in connection with our Proposal for the said Project.
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney
pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid
attorney shall and shall always be deemed to have been done by us.
For ---------------------
(Signature)
(Name, Title and Address)
Accept
(Attested signature of Mr ) ______________
(Name, Title and Address of the Attorney)
Notes:
- To be executed by the Bidder
- The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of
the executants (s) and when it is so required the same should be under common
seal affixed in accordance with the required procedure.
- Also, wherever required, the executants(s) should submit for verification the extract of
the charter documents and documents such as a resolution / power of attorney in
favour of the Person executing this Power of Attorney for the delegation of power
hereunder on behalf of the executants(s).
Annexure-"A"
RKVY Projects 2014-15
(Selected Projects for M & E)
Project Operational
S.No. Name of the Project
Category Cost in
Area
Crore
Project on Formation of
FPOs by SFAC for
1 beneficiaries in PG 43.780 100 FPO
agriculture, horticulture
and animal husbandry
2 Construction of Agri
I & A 8.280 10 No in 9
Solution Centre
Distt.
Distribution of Pump
3 (Electrical /Diesel) on I & A 10.000 All MP
subsidy
Integrated Development
of Agriculture in the areas
of primitives tribes of
4 Saharia, Bega and Bharia PG 2.500 4 Distt.
in Sheopur , Dindori
shivpuri and Chhindwara
district respectively
Project for Providing
5 minor irrigation facilities
I & A 10.000 All MP
to farmers by the way of
Tube well
Project for Increasing
6 water use efficiency
I & A 35.300 All MP
through distribution of
Sprinkler, Pipe line and
Project for the
7 Establishment of Pesticide I & A 8.270 JBP
residue Lab.
Promotion of mulberry
8 cultivation by convergence PG 11.000 10 Disst.
with MNREGA.
RKVY Projects-2015-16
(Selected Projects for M&E)
Project Operational
S.No. Name of Project
Category Cost in
Area
Crore
Establishment of
1 Composite Nursery for
PG 17.000 26 Distt.
expansion of area under
SRI
Project to conserve
2 Traditional crops like
PG 1.183 12 Distt.
Bajra, Kodo/Kutki, Til
and Ramtil
Project to popularize
3 Sweet Corn production PG 4.800 8 Distt.
in the state
Solar fencing for crop
4 protection from cattle in
I & A 5.157 3 Distt.
districts having National
Parks
Organic Farming in the
5 peri phery of Narmada PG 12.175 5 Distt.
(NGT)
project for the
6 Establishment of Post I &A 1.557 JBP
Entry Quarantine Lab.
Infrastructure
7 Development for
I & A 4.000 3 Distt.
Organic Farming at
Farms of Beej Nigam.
Installation of Solar
8 Pump on State Krishi I & A 3.108 37 No.
Thirth.