tender for selection of translation agency for proposal... · title: tender for selection of...

RFP for Development of Project Monitoring Tool interfacing with NMCG’s MIS Application

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National Mission for Clean Ganga (Ministry of Water Resources, River Development & Ganga Rejuvenation)

1st Floor, Major Dhyan Chand National Stadium India Gate, New Delhi-110002

Telephone: +91-11-23072900-01; Fax: +91-11-23049567 Website: www.nmcg.nic.in

Request for Proposal for Development of Project Monitoring Tool (PMT) Interfacing with NMCG’s MIS Application

RFP No. : NMCG/Dir(Projects)2017/State Projects Monitoring/005 Issued on : May 9, 2018


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Table of Contents

I. NOTICE INVITING TENDER (NIT) 3

II. INSTRUCTIONS TO BIDDERS 4

III. ELIGIBILITY CRITERIA 9

IV. TERMS OF REFERENCE 10

V. ANNEXURE-I: TENDER SUBMISSION LETTER 16

VI. ANNEXURE-II: BIDDER’S AUTHORISATION CERTIFICATE 17

VII. ANNEXURE-III: PERFORMA FOR AFFIDAVIT 18

VIII. ANNEXURE-IV: INFORMATION ON BIDDER’S ORGANISATION 19

IX. ANNEXURE-V: COMPLETED SIMILAR CONSULTANCY PROJECTS OF ASSIGNMENTS WITHIN THE PAST 10 YEARS 20

IX. ANNEXURE-VI: FINANCIAL INFORMATION OF BIDDER’S ORGANISATION 21

XI. ANNEXURE-VII: FORMAT OF FINANCIAL BID LETTER 22

XII. ANNEXURE-A: FORMAT OF PRE-PROPOSAL QUERIES 24

XII. DRAFT FORM OF CONTRACT 25


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National Mission for Clean Ganga (Ministry of Water Resources, River Development & Ganga Rejuvenation)

1st Floor, Major Dhyan Chand National Stadium India Gate, New Delhi-110002

RFP No.:NMCG/Dir(Projects)2017/State Projects Monitoring/005 Dated: May 9, 2018

I. NOTICE INVITING TENDER (NIT)

NMCG invites sealed Bids under two bid basis i.e. Technical Bid and Financial Bid from reputed and experienced agencies for development of Project Monitoring Tool interfacing with NMCG’s MIS Application.

The interested bidders should submit their bids to Procurement Wing, National Mission for Clean Ganga, 1st Floor, Major Dhyan Chand National Stadium, India Gate, New Delhi-110002 on or before May 30, 2018 upto15:00 Hrs.

For further details and RFP please visit www.nmcg.nic.in

Director General National Mission for Clean Ganga


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II. INSTRUCTIONS TO BIDDERS

1. Cost of Bid: The bidder shall bear all costs associated with the preparation and submission of bid and NMCG in no case shall be responsible or liable for those costs, regardless of the conduct or outcome of the tender process.

2. The bidder is expected to examine all instructions, forms, terms and conditions in the RFP document. Failure to furnish all information required by the RFP document or submission of a tender not substantially responsive to the RFP document in every respect will be at the bidder’s risk and may result in rejection of the bid.

3. The bidder shall not make or cause to be made by any alternation, erasure or obliteration to the text of the RFP document.

4. The bidder shall be a Sole Firm or a Joint Venture/ Consortium of firms for which one of the member has been proposed as the Lead Member of the consortium. However, the maximum number of members for JV/consortium is three (3).

5. Preparation of Bids

5.1 Language: Bids and all accompanying document shall be in English language. In case any accompanying documents are in other languages, it shall be accompanied by an English Translation. The English version shall prevail in matters of interpretation.

5.2 Form of Bid

The form of bid shall be completed in all respects and duly signed and stamped by an authorized representative of the Bidder. Relevant power of attorney for signing the bid should be attached.

5.3 Currencies of Bid and Payment The bidder shall submit his financial bid in Indian Rupees and payment under this contract will be made in Indian Rupees.

6. Clarifications by Bidders

6.1 Bidders requiring any clarification on the RFP document may contact Procurement Wing of the NMCG in writing by e-mail/ fax/ post/ courier within such date as specified in the Schedule of Bidding Process set out in Clause 16- Schedule of Bidding Process.

6.2 All correspondence for clarifications should be submitted as per the format attached at ‘Annexure-A’ to the following address in writing by Mail/fax/post/courier:

Procurement Wing, National Mission for Clean Ganga, T: +91-11-23072900-01 F: +91-11-23049567 E: [email protected]

6.3 NMCG shall endeavor to respond to the queries raised or clarifications sought by the Bidders. However, NMCG reserves the right not to respond to any query or provide any clarification, in its sole discretion, and nothing in this clause shall be construed, taken or read as compelling or requiring NMCG to respond to any query or to provide any clarification.


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6.4 At any time prior to the Bid Due Date, NMCG may, for any reason, whether at its own

initiative or in response to clarifications requested by Bidder(s), modify the RFP document by way of issue of Addendum/Corrigendum/Clarifications. Any Addendum/ Corrigendum/Clarifications thus issued shall be uploaded on the website of NMCG (https://nmcg.nic.in) and CPPP portal (https://eprocure.gov.in/cppp/) and shall be binding on Bidders and shall form part of the RFP document.

7. Pre-Proposal Meeting

7.1 To clarify and discuss issues with respect to the Project and the RFP Document, a Pre-Proposal meeting (“Pre-Proposal Meeting”) will be held as per the details provided in Clause 16- Schedule of Bidding Process.

7.2 Prior to the Pre-Proposal meeting, the Bidders may submit a list of queries and proposed suggestions, if any, to the RFP requirements.

7.3 Bidders may note that NMCG will not entertain any deviations to the RFP Document at the time of submission of the Proposal or thereafter. The Proposal to be submitted by the Bidders will be unconditional and unqualified and the Bidders would be deemed to have accepted the terms and conditions of the RFP Document with all its contents. Any conditional Proposal shall be regarded as non-responsive and would be liable for rejection.

7.4 Bidders’ representatives attending the Proposal opening shall bring an authorization letter from the Bidder.

7.5 In case of any change in the schedule of Pre-Proposal Meeting, the same will be communicated to Bidders through Mail and/or by posting on the websites www.nmcg.nic.in and https://eprocure.gov.in/cppp/.

7.6 Attendance of the Bidders at the Pre-Proposal Meeting is not mandatory. NMCG will endeavor to respond to all queries from all Bidders, irrespective of attendance of the Bidder in the Pre-Proposal Meeting.

7.7 No interpretation, revision, or other communication from NMCG regarding this solicitation is valid unless in writing. NMCG may choose to send to all Bidders whose Proposals are under consideration, in writing or by any standard electronic means such as Mail or by uploading on website(s) of responses, including a description of the enquiry but without identifying its source to all the Bidders.

8. Format and Signing of Bid

8.1 The documents comprising the bid shall be typed and all pages of the bid shall be signed by a person duly authorized to sign on behalf of the bidder.


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8.2 The bid shall contain no alternations, omissions or additions except those to comply with instruction issued by NMCG, or are necessary to correct errors made by the bidder, in which case such corrections shall be initialed/singed by the person signing the bid.

9. Submission of Bids

The bidder shall submit their offer under two bid basis i.e. Technical Bid (One Original and One Copy) and Financial Bid, complete in all respect, in separate sealed envelopes put into an outer envelope superscribed “RFP for Development of Project Monitoring Tool interfacing with NMCG’s MIS Application”.

The sealed envelope should reach the address Procurement Wing, National Mission for Clean Ganga, 1st Floor, Major Dhyan Chand National Stadium, India Gate, New Delhi-110002 on or before May 30, 2018 upto 15:00 Hrs. The Bids shall not be accepted beyond the stipulated date and time under any circumstances what so ever.

9.1 Validity of Bid: The bid must remain valid and open for acceptance for a period of 120 days from the date of opening of Bid.

10. Late and Delayed Bids:

10.1 Bids must be received not later than the date and time stipulated in the RFP document. NMCG may, at its discretion, extend the deadline for submission of bids in which case all rights and obligations of NMCG and the bidder will be the same.

10.2 Any bid received by NMCG after the deadline for submission of bids, as stipulated above, shall not be considered.

11. Opening and Evaluation of Technical Bid

11.1 Technical Bids will be opened in the presence of the bidders’ representatives who choose to attend at the appointed place and time.

11.2 The Technical Bid of the bidder would be evaluated as per the eligibility criteria set out in the RFP document. Bids will be evaluated based on the information submitted by the bidders. However, NMCG reserves the right to seek clarification/documents from the bidders, if NMCG considers it necessary for proper assessment of the bid.

11.3 The Technical Bids will be evaluated based on eligibility criteria and marking as set out in the RFP (Section III).

12. Opening of Financial Bid and Final Evaluation

12.1 Technical Bids will be opened in presence of bidders’ representative who choose to

attend at appointed place & time.

12.2 The Technical Bid of the bidder would be evaluated as per the eligibility criteria set out

in RFP document. Bids will be evaluated based on information submitted by the bidder.


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However, NMCG reserves the right to seek clarification/documents from the bidders, if

the NMCG considers it necessary for proper assessment of the bid.

12.3 The Financial Bids of the technically qualified bidders shall be opened in the presence of

such bidders’ representatives who choose to attend.

12.4 The contract will be awarded on Least Cost Selection basis. NMCG will select the

bidder with the lowest quote among the technically qualified bidders.

12.5 Failure of the Successful Bidder to comply with the requirements shall constitute

sufficient grounds for the annulment of the LOA. In such an event, NMCG reserves the

right to,

(a) invite the L-2bidder and negotiate upon the following scenario, or

(b) take any such measure as may be deemed fit in the sole discretion of NMCG,

including annulment of the Bidding Process.

13. Right to accept any Bid and to reject any or all Bids

13.1 NMCG is not bound to accept the lowest bid or any bid and may at any time by giving

notice in writing terminate the tendering process.

13.2 NMCG may terminate the contract/cancel the LOA if it is found that the bidder is

blacklisted on previous occasions by any of the central/state government

ministry/department/institutions/local bodies/municipalities/PSUs, etc.

13.3 NMCG may also terminate the contract/cancel the LOA in the event the Successful

Bidder fails to furnish the performance security or fails to execute the agreement.

14. Award of Contract

14.1 NMCG will award the contract to the Successful Bidder to perform the contract

satisfactorily as per the terms and conditions incorporated in the RFP document.

14.2 NMCG will communicate the Successful Bidder by Mail/fax confirmed by letter

transmitted by registered/speed post that his bid has been accepted. This letter

(hereinafter and in the condition of contract called the “Letter of Award”) shall prescribe

the amount which NMCG will pay to the Successful Bidder in consideration of the

execution of work/services by them as prescribed in the contract.

14.3 The Successful Bidder will be required to commence the assignment at the earliest as

communicated by NMCG in this regard.

14.4 The Successful Bidder will be required to execute the contract for the services within a

period of fifteen (15) days from the date of issue of Letter of Award.

15. Performance Security

15.1 The Successful Bidder shall be required to furnish a Performance Security prior to sign

the contract (for an amount which is 10% of total project cost)in the form of Bank

Guarantee from a Nationalized Bank in acceptable form in favor of ‘National Mission for


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Clean Ganga’ payable at New Delhi. The Performance Security shall remain valid for a

period of 60 (sixty) days beyond the date of completion of all contractual obligations. In

case the contract period is extended further, the validity of Performance Security shall

also be extended by the Successful Bidder accordingly.

15.2 Failure of the Successful Bidder to comply with the requirements of above clauses shall

constitute sufficient grounds or the annulment of the award and other actions as

deemed necessary.

16. Schedule of Bidding Process

NMCG would endeavour to adhere to the following schedule:

Sr. No

Activity Description Date

1. Issue of RFP May 9, 2018

2. Last date for submission of queries May 15, 2018, 15:00 Hrs.

3. Pre-proposal meeting May 17, 2018, 15:00 Hrs.

4. NMCG’s response to queries May 21, 2018

5. Last Date for Submission of Bids May 30, 2018, 15:00 Hrs.

6. Date for Opening of Technical Bids May 30, 2018, 15:30 Hrs.

7. Date for Opening of Financial Bids To be informed later.

* Venue of the Pre-Proposal Meeting: Conference Hall National Mission for Clean Ganga (Ministry of Water Resources, River Development & Ganga Rejuvenation) 1st Floor, Major Dhyan Chand National Stadium, India Gate, New Delhi-110002


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III. ELIGIBILITY CRITERIA

Sl. No.

Criteria Maximum

Marks Document Required

A. The Bidder should have annual turnover of at least Rs. 10 Crores per year during the last three financial years i.e. FY 2015-16, 2016-17, 2017-18

15 marks for turnover of at least Rs 10 Crores in all the three years.

2 marks for each additional turnover of Rs.1 crore beyond Rs.10 Crores of Average turnover for last three financial years.

30 Copy of audited balance sheet and profit and loss account for the last three financial years must be submitted along with summary as cover page on bidder’s letter head.

B. The bidder should have experience of working in at least 5 similar consultancy projects in the last 10 years on Infrastructure development in sectors related to Infrastructure, power/ roads/ bridges/ ports/ airports/ railways/ logistics/ townships/ industrial infrastructure (industrial townships/ SEZs/ industrial parks), tourism infrastructure/ urban transport/ urban utility infrastructure/ water treatment plants/ distribution networks/ sewer networks/ sewage treatment plants/ common effluent treatment plants/ desalination plants/ Energy/ Utilities/ Water supply/ Irrigation/ transportation (completion should be prior to proposal due date).

20 marks for 5 experience of similar consultancy projects in the past 10 years.

5 marks for each additional project to a maximum of 40 marks.

40 Bidder should submit copy of Work Order & copy of Any two documents out of the following- (i) Payment Receipts (ii) Proof of Release of Performance Security after completion of contract (iii) Proof of Settlement /release of final payment against the contract (iv) Certificate for successful completion of work/ performance report by the Ministry.

C. Approach and Methodology: i. Understanding the Concept, Scope of work and Challenges- 10 marks 15- ii. Overall approach and methodology tools, frameworks and innovation – 20 marks The bidder may be called for making presentation if required on the above at a date to be informed later.

30

Total Marks 100

*Similar consultancy projects– Development of Project Monitoring Tools, MIS Integration along with Hybrid Mobile Application Development.

The minimum Technical Score required for opening of financial bid is 70.


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IV. TERMS OF REFERENCE

1. Background:

The ‘Namami Gange Programme’, is an Integrated Conservation Mission, approved as a ‘Flagship Programme’ by the Union Government in June 2014 with budget outlay of Rs.20,000 Crore to accomplish the twin objectives of effective abatement of pollution, conservation and rejuvenation of National River Ganga. The National Mission for Clean Ganga (NMCG) is the implementation wing of National Ganga Council which was setup in October 2016 under the River Ganga (Rejuvenation, Protection and Management) Authorities order 2016. The aim of NMGC is to clean the River Ganga in a comprehensive manner with an objective of effective abatement of pollution, conservation and rejuvenation of National River Ganga. The NMCG is implementing a planned programme (called hereinafter as the Programme) for reduction of pollution in River Ganga by treatment of domestic sewage in various Urban areas on the banks of River Ganga and in major domestic sewage contributing towns along tributaries of River Ganga. 100 projects have been sanctioned while few more are being sanctioned for providing sewerage network or intercepting domestic sewage in drains flowing into the rivers, diverting them to Sewage Treatment Plants (to be/being constructed/already constructed under Namami Gange Programme) and constructing Sewage Treatment Plants/ rehabilitate existing Plants for treating the sewage such that the effluent there from joining the rivers does not pollute the River Ganga. There are wide varieties of projects at various geographical locations ranging from sewerage infrastructure projects, ghats & crematoria projects, biodiversity projects, river surface cleaning projects, in-situ treatment of waste water in drains, ghat cleaning, afforestation etc. In view of this a software customised to monitor such variety of projects is needed. 1.1. Existing Project Dashboard NMCG has designed and developed a Dashboard for tracking the implementation of each project. Alongwith the Dashboard, a Management Information System has been designed and developed to capture the monthly progress of the project components in physical and financial terms and generate reports in NMCG’s standard format as well as in customised reports. The collected monthly data and site photographs are dynamically reflected in the various graphs and photo gallery of the Dashboard. The Dashboard can be accessed for perusal at URL nmcg.nic.in/#(click on: left menu Project Monitoring PMS New (Beta Version)) or http://121.243.11.246/NMCGITEST/webhome.aspx.The dashboard has been developed in .Net with database in SQL server. The integration may require .NET Framework 4.0 and above, SQL Server 2008 and above Enterprise Edition as well as Windows Server 2008 R2 with IIS Server configuration. 1.2. Project requirement Now NMCG wants to have in place project monitoring tool by using which the daily progress of the project shall be recorded including geo-tagging of site progress(along with photographs) and

http://121.243.11.246/NMCGITEST/webhome.aspx


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shall be integrated with the NMCG’s already developed Dashboard & MIS to make it fully operational and integrated with existing hardware and software. The necessary information would be captured from the most relevant data sources such as on-site executing agencies, the State Authorities or from NMCG and synthesize it into required formats for reporting across levels including executive dashboards. The developer shall ensure that the dashboard and the monitoring tool is supported by computer software to facilitate its smooth functioning.

2. Objectives of the Assignment:

The RFP has been invited for identifying project management software development vendors with Enterprise Resource Planning background to develop:

A smart Project Management and monitoring tool (called as the ‘monitoring tool’

hereinafter), or a customized commercially available software for close monitoring of all

the NMCG’s projects which shall be used by the project managers to design each

project’s implementation plan and for tracking the progress of various project

components on daily basis.

o Integrate the monitoring tool with the NMCG’s Dashboard & MIS to provide the

National and State Level stakeholders of the Namami Gange Programme, the

physical and Financial Progress of each project, being captured and updated on

daily basis;

o The developer will assist NMCG in defining the program management unit

structure for tracking various projects.

o Setting up an information hierarchy and facilitate periodic data inputs from State

Programme management Groups (SPMGs), Executing Agencies (EAs), authorised

officials and various other bodies as and when required.

The developer shall define a comprehensive tracking mechanism and set-up a Project

Governance Structure with fact-based tracking and escalation of issues to various

governance levels. The Developer will also define the cadence of project reviews at

NMCG, State Authorities and any agency/officer authorized by NMCG.

The Developer will define various elements of review that would require regular

tracking and reporting such as reporting on status of key scheduled milestones,

capital and operating costs, status of regulatory and local approvals needed in various

phases of the project and adherence to HSE (Health, Safety and Environment) and

Quality norms.

The Developer shall also define key performance metrics, deliverables and other

performance milestones along with the timelines to be tracked for each element of

review at every stage of the project implementation.

The fixing of milestones and timelines for all projects will be done by the developer in

consultation with all the stakeholders and Executing Agencies. Examples could include


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reporting on Plan vs Actuals for key milestones, Plan vs Actuals for capital cost, time

spent on the project, delay analysis reports etc.

A Bhuvan mobile application has been developed by NMCG which allows public to

report information on various pollution sources effecting the quality of river Ganga.

The feasibility of integrating Bhuvan mobile application with customized tool shall also

be looked into and provisions for the same may be kept in the software being

developed.

The backbone should allow uploading and collection of project progress information

from various systems and 3rd party sources like excel files, web portals, etc.

o Uses a services-oriented architecture (SOA) allowing the latest project

management process or engineering advancements, like BIM or GIS, to be

easily integrated into the tool.

o Captures, presents and analyzes data and defined key performance indicators,

such as field data, drawings, schedule, budget, resources and quality metrics to

facilitate project management and controls.

o The developer shall incorporate a solution adhering to the functionality of the

project monitoring tool. The developer is free to propose options such as

cloud based or any other as long as the following requirements are met.

o The solution should:

comply with all the data protection laws.

be regularly updated with latest security patches.

o Admin rights to be provided to create users and provide access to various

levels of information. The approvals from the preceding higher authorities shall

be given to reflect the authenticated data on the dashboard.

A mobile phone based application (compatible with existing mobile systems/operating

systems being used) for the site engineers as well as other authorized officials and

agencies shall be developed.

The application should enable the users to:

o Capture site photograph with geo-tagging by application based identification of

the location of phone while capturing the photograph

o Identify and provide nomenclature based on latitude and longitude of the site:

State

Town

Project

Project Component: Sewer Network/I&D/Pumping Station/STP etc.

o Allow the user to add the location of the photograph and details such as:

In case of sewer line: Manhole No. From … & To….

In case of Manhole: Manhole No.

In case of I&D: Interception - diversion/Interception Pump house/Rising

Main/Gravity Sewer etc.


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In case of STP: inlet, distribution chamber, coarse screen, fine screen,

grit chamber, primary clarifier, reactor basin etc.

o Based on the location and component, drop-down menu to appear with

relevant milestone items and quantities, allow user to enter the up-to-date

progress and progress since previous day for the component, at the location, for

the structure etc. as the case may be.

o The user to upload the captured photos with details which gets stored in the

server.

The uploaded data shall form input to the monitoring tool which shall collate the data

and upload on the NMCG’s MIS portal on day-to-day basis:

o The uploading of the data on server to trigger/activate entry in the monitoring

tool to record the progress achieved for the component, calculate, based on the

WBS of the components, percentage physical and financial progress.

o The relevant data to be uploaded on the NMCG MIS application including

photos along with description as provided by the site user in the mobile app.

o Refurbish/retrofit the NMCG MIS to accept data from the monitoring tool on

daily basis, and generate reports and graphs in the MIS & Dashboard

dynamically as data pours in from the projects.

o The modified MIS to generate & display monthly, quarterly & annual reports

from the data received daily from the project’s monitoring tool.

The NMCG’s MIS application shall be modified to provide gap/creep in the work plan &

work progress of each project on daily, weekly, monthly, quarterly and annual basis,

including catch-up achieved. The creep/lag in the project also has to be highlighted

through visual indicators to the stakeholders.

The work plan should be revisable with appropriate approvals of authorized users.

Monitoring of the implementation of the commitments/ announcements made by the

Hon’ble Minister. Action points from each meeting will be added to the database to

track and drive closure of each action item using mobile application and web based

application to track task owner, date of completion and send system generated

reminders/ follow up.

Assist the NMCG in developing a mechanism of monitoring the quality and timelines of

voluntary disclosure of public information.

2.1. Important Compliances

No data should be shared with any one without NMCG notice & written consent

Post-Commissioning the Admin Rights of the tool to be shared with NMCG along with

the source code

Before commissioning third party security audit to be carried out through NIC

empanelled agency and share the audit report as well as the certificate with NMCG

office.


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The bidder may opine that few of the activities detailed above may have to be performed manually and auto-updating data by a slave application on master application and/or vice versa may not seem possible to him.

3. Key Deliverables:

The developer shall perform for the following key deliverables: Phase 1: Project Monitoring Tool (PMT) and Mobile Application development (90 days)

1. Submit an Inception Report/ concept detailing his methodology for the task: The

developer shall be provided access to the existing NMCG’s MIS application. The

developer shall study the same as well as the project components, requirements, project

plans available with NMCG or the project executing agencies to formulate his

methodology.

2. Submission of draft Project Management Tool &Mobile App and Geo-tagging

application.

3. Develop, identify, and modify/retrofit software, applications, and portals as detailed in

the objectives of Assignment above.

4. Integrating and interfacing of existing MIS application with monitoring tool and mobile

app.

5. Prepare detailed user’s manual, which are user-friendly.

6. Make operational the developed facilities to the satisfaction of NMCG (including key

performance metrics, deliverables, fixing of milestones and timelines for project

tracking).

7. Deliver training on use of software, applications, apps etc. developed as per the NMCG

requirements at NMCG.

8. Handover of Project Monitoring Tool, Mobile app and source code to NMCG.

Phase2: Technical and Operational Support at NMCG (24 months post commissioning of PMT and Mobile app.)

1. Provide dedicated operational support at NMCG and SPMGs.

2. Provide dedicated technical support for maintenance (on-site/off-site as per

requirement) for such that the facilities have seamless working.

3. Train all the stakeholders and users as per NMCGs requirement.

4. Any reported problem has to be resolved within 2 hours and the developer shall ensure

that the software/application does not have a complete break-down period of more

than 24 hours.


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Project Duration: Phase 1: Project Monitoring Tool and Mobile Application development (90 days)

The MIS Monitoring tool and Mobile Application development phase shall be of 3 months duration, the timeline for which shall be:

S No. Milestones/Stage

From the date of

commencement

of assignment

1 Submission of Inception Report/concept. 15 days

2 Development of monitoring tool and geo-tagging app 45 days

3 Integrating and interfacing of existing MIS application with

monitoring tool. 60 days

4 Trial run and making operational complete facility. 75 days

5 Training* of the stakeholders. 80 days

6 Commissioning of the Project Monitoring Tool and Mobile

application. 90 days

* Training to be also provided as and when required post-commissioning during the contract period as per NMCGs requirements.

There will be a Defect Liability Period of 1 year after the commissioning of the facilities.

Phase II: Post commissioning operational and maintenance support:

Operational support at NMCG and SPMGs for a period of 2 years post commissioning of the tool through a dedicated team at NMCG office and all SPMG offices.This team will be responsible for all data feeding, data migration, training and day to day uploading of data on the Project Monitoring Tool at NMCG and all SPMG offices.

Selected agency will also provide trouble-free on-site & off-site Maintenance for 24 months.


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Annexure-I

Tender Submission Letter

To The Director General, National Mission for Clean Ganga, 1st Floor, Major Dhyan Chand National Stadium, India Gate, New Delhi-110002

Sub: RFP for development of Project Monitoring Tool interfacing with NMCG’s MIS Application

Ref: RFP No. NMCG/Dir(Projects)2017/State Projects Monitoring/005

Dear Sir,

I/ We, the undersigned, offer to provide development of Project Monitoring Tool interfacing with NMCG’s MIS Application’ for National Mission for Clean Ganga. We are hereby submitting our bid, in a sealed envelope.

I/We, hereby declare that:

(a) We are enclosing and submitting herewith our Bid in one (1) original and one (1) copy, with the details as per the requirements of the RFP, for your evaluation and consideration.

(b) I/We have read carefully the terms and conditions of RFP document attached hereto and hereby agree to abide by the said terms and conditions.

(c) The bid is unconditional.

(d) I/We undertake that documents submitted are genuine/authentic and nothing material has been concealed. I/We understand that the contract is liable to be cancelled, if it is found to be having obtained, through fraudulent means/concealment of information.

(e) We shall make available to the NMCG any additional information it may find necessary or require to clarify, supplement or authenticate the Bid.

(f) Until a formal agreement is prepared and executed, acceptance of this RFP document shall constitute a binding contract between NMCG and us subject to the modifications, as may be mutually agreed to, between NMCG and us.

(g) We agree to keep this bid valid for acceptance for a period of one hundred twenty (120) days from the date of opening the bid.

We understand that the NMCG is not bound to accept any tender that the NMCG receives. Yours faithfully, Authorized Signatory (with Name, Designation, Contact no. and Seal)

Note: On the Letterhead of the Bidder.


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Annexure-II

Bidder’s Authorization Certificate

To The Director General, National Mission for Clean Ganga, 1st Floor, Major Dhyan Chand National Stadium, India Gate, New Delhi-110002 Sub: RFP for development of Project Monitoring Tool interfacing with NMCG’s MIS

Application Ref: RFP No. NMCG/Dir(Projects)2017/State Projects Monitoring/005 Dear Sir,

I/ We {Name/ Designation} hereby declare/ certify that {Name/ Designation} is hereby

authorized to sign relevant documents on behalf of the company/ firm in dealing with tender

No. ______________________ dated _________. He/ She is also authorized to attend meetings

& submit technical & commercial information/ clarifications as may be required by you in the

course of processing the Bid. For the purpose of validation, his/ her verified signatures are as

under.

Thanking you,

Name of the Bidder: -

Authorized Signatory :- Verified Signature:-

Seal of the Organization:-

Date:-

Place:-

Note: Please attach the valid power of attorney in favour of person signing this authorisation letter.


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Annexure-III

Performa for Affidavit

(on non-judicial stamp paper of Rs. 100/-)

I _________ Proprietor/Director/Partner of the firm M/s._____ do hereby solemnly affirm that

our firm M/s._____ has never been blacklisted/debarred by any organization/office and there

has not been any work cancelled against them for poor performance in the last three years

reckoned from the date of invitation of Bid.

…………………………………………… Name of the Bidder …………………………………………… Signature of the Authorised Signatory …………………………………………… Name of the Authorised Signatory Place: _______________ Date: _____________


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Annexure-IV

Information on Bidder’s Organisation

S.No. Particulars Details

1. Name of the Bidder

2. Address of the Bidder

3. Incorporation status of the Bidder (Company or Firm)

(Relevant Certificate to be submitted in Technical Bid)

4. Year of Establishment

5. Valid GST registration No. (Copy of certificate to be submitted)

6. Permanent Account No. (PAN) (Copy of PAN Card to be submitted)

7. Name and Designation of the contact person to whom all references shall be made regarding this Bid

8. Telephone No. (with STD Code)

9. E-mail id of the Contact Person

10. Fax No. (with STD Code)

11. Website (if any)

……………………………………………

Name of the Bidder

……………………………………………

Signature of the Authorised Signatory

……………………………………………

Name of the Authorised Signatory

Place: _______________ Date: _____________


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Annexure-V

Completed Similar Consultancy Projects of assignments within the past 10 years.

S. No.

Description of Project /

Scope of the work

Location of

the work

Name of the Client

Actual

value of

the Project

Stipulated

time for

completion

Actual

time

taken

for

completion

1.

2.

3.

…

Supporting documents such as copies of documents as stipulated in the Eligibility Criteria to be attached. Assignments which are not supported by documentary evidence shall not be considered for evaluation. …………………………………………… Name of the Bidder Signature of the authorized signatory: __________________

Name of the Authorised Signatory: __________________

Date: __________________ Place: __________________


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Annexure-VI

Financial Information of Bidder’s Organisation

Rupees.

S.No. Parameters FY 2015-16 FY2016-17 FY2017-18

1 Turnover

Note:

Copy of audited balance sheet and profit and loss account for the last three financial years must

be submitted along with summary as cover page on bidder’s letter head.

……………………………………………

Name of the Bidder

……………………………………………

Signature of the Authorised Signatory

……………………………………………

Name of the Authorised Signatory

Place: _______________ Date: _____________


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Annexure-VII

Format of Financial Bid Letter To The Director General, National Mission for Clean Ganga, 1st Floor, Major Dhyan Chand National Stadium, India Gate, New Delhi-110002 Sub: RFP for development of Project Monitoring Tool interfacing with NMCG’s MIS

Application Ref: RFP No. NMCG/Dir(Projects)2017/State Projects Monitoring/005 Dear Sir,

Having examined the Bidding Document placed along with tender, we, the undersigned, offer to

provide development of Project Monitoring Tool interfacing with NMCG’s MIS application in

conformity with the said RFP document and we herewith submit our Financial Bid.

We offer to provide the Services for the sum of

Rs........................(Rupees.........................)excluding of all applicable taxes in accordance with

the Price quoted as part of Financial Bid attached herewith and made part of this Bid.

We undertake, if our Bid is accepted, to provide Performance Bank Guarantee for the above

purpose within the stipulated time schedule.

We agree to abide by the Bid and the rates quoted therein for the orders awarded by NMCG

upto the period prescribed in the Bid which shall remain binding upon us.

We undertake that, in competing for (and, if the award is made to us, in executing) the above

Contract, we will strictly observe the laws against fraud and corruption in force in India.

We have complied with all the terms and conditions of the RFP. We understand and accept that

you are not bound to accept the lowest or any Bid you may receive.

Dated this ....................................................Day of.....................................2018. …………………………………………… Name of the Bidder …………………………………………… Signature of the Authorised Signatory …………………………………………… Name of the Authorised Signatory Place: _______________


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Summary of Costs:

Particular Cost in Figures (Rs.) Cost in Words

A Cost of Creation of MIS Tool and Mobile Application.

B# Cost of Providing full time dedicated resources at NMCG Office for trouble shooting of software (for 2 years)

C# Providing full time dedicated Operational Support services including data feeding, data migration, user training, documentation etc. (for 2 years) at NMCG and SPMGs.

Total

# Note: Payments for components B& C shall be made on quarterly basis post go live, against quarterly reports.

2. I/We accept all the terms and conditions of your Bidding document referred to above.

3. GST at applicable rates will be paid extra.

4. I/ We understand you are not bound to accept any proposal you receive.

…………………………………………… Name of the Bidder …………………………………………… Signature of the Authorised Signatory …………………………………………… Name of the Authorised Signatory Place: _______________


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Annexure-A

Format of Pre-Proposal Queries

To Date:……. The Director General, National Mission for Clean Ganga, 1st Floor, Major Dhyan Chand National Stadium, India Gate, New Delhi-110002

Sub: RFP for development of Project Monitoring Tool interfacing with NMCG’s MIS Application

Ref: RFP No. NMCG/Dir(Projects)2017/State Projects Monitoring/005

Dear Sir,

Following are the Clarifications and Comments from the Terms and Conditions and Scope of Work for the subject RFP. These Clarifications are exhaustive.

S.No. Clause No. and Page reference RFP text Query

1

2

…

Yours faithfully, Authorized Signatory (with Name, Designation, Contact no. and Seal)

Note: On the Letterhead of the Bidder.


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DRAFT FORM OF CONTRACT

I. CONTRACT

THIS CONTRACT (hereinafter called the “Contract” is made on the _____ day of the month of ________ between National Mission for Clean Ganga (NMCG), a society registered under the Societies Registration Act 1860, having its office at 1st Floor, Major Dhyan Chand National Stadium, India Gate, New Delhi-110002 (hereinafter called “NMCG” which expression shall, unless excluded by or repugnant to be context be deemed to include its administrators, successors and assigns) of the one part And {Name of the Project Management & Monitoring Tool Development Agency} having its office at ______________ (hereinafter called the “Developer” which expression shall, unless excluded by or repugnant to be context be deemed to include its successors, legal assigns, executors or administrators) of the second part Whereas a) the DEVELOPER, having represented to the “NMCG” that he has the required professional

skills, personnel and technical resources, has offered to provide in response to the RFP No.____ dated _____ issued by the NMCG;

b) the “NMCG” has accepted the offer of the Developer to provide the services on the terms and conditions set forth in this Contract.

NOW, THEREFORE, IT IS HEREBY AGREED between the parties as follows: 1. The following documents attached hereto shall be deemed to form an integral part of this

Contract: a) The General Conditions of Contract;

b) The Special Conditions of Contract;

c) The following Appendices (to be completed at the time of contract signing):

Appendix A: Scope of Works

Appendix B: Cost for the services

Appendix C: Letter of Award

Appendix D: Performance Bank Guarantee

2. The mutual rights and obligations of the “NMCG” and the Developer shall be as set forth in

the Contract, in particular:


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a) the Developer shall carry out and complete the Services in accordance with the provisions of the Contract; and

b) the “NMCG” shall make payments to the Developer in accordance with the provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written. All other terms and conditions of the RFP, bid document, clarifications, corrigendum and addendum if any shall form integral part of this Contract.

For and on behalf of National Mission for Clean Ganga ………. ……….

For and on behalf of {Project Management & Monitoring Tool Development Agency} ……. …….


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II. General Terms and Conditions

1. GENERAL PROVISIONS

1.1. Definitions Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings:

(a) “Applicable Law” means the laws and any other instruments having the force of law

in India for the time being.

(b) “Developer” means any private entity that will provide the Project Management & Monitoring Tool Development Services to the “NMCG” under the Contract.

(c) “Contract” means the Contract signed by the Parties and all the attached documents listed in its Clause 1,that is this General Conditions (GC), the Special Conditions (SC), and the Appendices.

(d) “Day” means calendar day.

(e) “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GC 2.

(f) “GC” means these General Conditions of Contract.

(g) “Government” means the Government of India.

(h) “Party” means the “NMCG” or the “Developer”, as the case may be, and “Parties” means both of them.

(i) “Personnel” means professionals and support staff provided by the Developer or by any Sub-Contractor of Developer and assigned to perform the Services or any part thereof;

(j) “SC” means the Special Conditions of Contract by which the GC may be amended or supplemented.

(k) “Services” means the work to be performed by the Developer pursuant to this Contract, as described in Appendix A hereto.

(l) “Third Party” means any person or entity other than the “NMCG”, or the Developer.

(m) “In writing” means communicated in written form with proof of receipt.

1.2. Relationship Between the Parties

Nothing contained herein shall be construed as establishing a relationship of master and servant or of principal and agent as between the NMCG and the Developer. The Developer, subject to this Contract, has complete charge of Personnel and Sub-Contractors, if any, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.

1.3. Law governing the Contract

This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the applicable laws of India, for time being in force as amended from time to time.


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1.4. Subletting:

The Developer shall not sublet, transfer or assign this contract or any part thereof without the prior written consent/approval of the NMCG. In the event of the Developer contravening this condition, the contract is liable to be terminated and NMCG will be free to get the balance work or services under the contract executed at the risk and cost of the Developer. The Developer shall be liable for all the losses, damage which the NMCG may sustain in consequence or arising out of such replacing of the Contract and/or personnel engaged by the Developer.

1.5. Headings: The headings shall not limit, alter or affect the meaning of this Contract.

1.6. Notices:

1.6.1. Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered post to such Party at the address specified in the SC.

1.6.2. A Party may change its address for notice hereunder by giving the other Party notice in writing of such change to the address specified in the SC.

1.7. Taxes and Duties:

The Developer shall be liable to pay such direct and indirect taxes, duties, fees and other impositions levied under the applicable laws of India.

1.8. Fraud and Corruption:

1.8.1. Definitions: It is the NMCG’s policy to require that NMCGs as well as Developer observe the highest standard of ethics during the execution of the Contract. In pursuance of this policy, the NMCG defines, for the purpose of this provision, the terms set forth below as follows: (i) “corrupt practice” means the offering, receiving, or soliciting, directly or

indirectly, of anything of value to influence the action of a public official in the selection process or in contract execution;

(ii) “fraudulent practice” means a misrepresentation or omission of facts in order to influence a selection process or the execution of a contract;

(iii) “collusive practices” means a scheme or arrangement between two or more developers, with or without the knowledge of the NMCG, designed to establish prices at artificial, non-competitive levels;

(iv) “coercive practices” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in a procurement process, or affect the execution of a contract;


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1.8.2. Measures to be taken by the NMCG (a) The NMCG may terminate the contract if it determines at any time that

representatives of the Developer were engaged in corrupt, fraudulent, collusive or coercive practices during the selection process or the execution of that contract, without the Developer having taken timely and appropriate action satisfactory to the Employer to remedy the situation;

(b) The NMCG may also sanction against the Developer, including declaring the Developer ineligible, either indefinitely or for a stated period, to be awarded a contract if it at any time determines that the Developer has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a NMCG- financed contract;

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT

2.1. Effectiveness of Contract

This Contract shall come into force and effect on the date (the “Effective Date”) of the NMCG’s notice to the Developer instructing the Developer to begin carrying out the Services. This notice shall confirm that conditions as stipulated in clause 2 of the SC.

2.2. Commencement of Services The Developer shall begin carrying out the Services not later than the number of days after the Effective Date specified in the SC.

2.3. Expiration of Contract Unless terminated earlier pursuant to Clause GC 2.7 hereof, this Contract shall expireat the end of such time period after the Effective Date as specified in the SC.

2.4. Entire Agreement This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any other statement, representation, promise or agreement not set forth herein.

2.5. Contract Price

The Contract Price for this Contract shall be the total cost of proposal submitted by Developer in the Financial Proposal. The Contract Price is including applicable taxes and duties if any payable and is as set forth in the SC.

2.6. Modifications or Variations: (a) Any modification or variation of the terms and conditions of this Contract,


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including any modification or variation of the scope of the Services, may only be made by written agreement between the Parties. (b) In cases of substantial modifications or variations, the prior written consent of the NMCG is required.

2.7. Force Majeure:

2.7.1. Definition (a) For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party, is not foreseeable, is unavoidable and not brought about by or at the instance of the Party claiming to be affected by such events and which has caused the non-performance or delay in performance, and which makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other extreme adverse weather conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by Government agencies. (b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or by or of such Party’s Sub-contractors or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected both to consider at the time of the conclusion of this Contract, and avoid or overcome in the carrying out of its obligations hereunder. (c) Force Majeure shall not include insufficiency of funds or inability to make any payment required hereunder.

2.7.2. No Breach of Contract: The failure of a Party to fulfill any of its obligations hereunder shall not be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract.

2.7.3. Measures to be Taken: (a) A Party affected by an event of Force Majeure shall continue to perform its obligations under the Contract as far as is reasonably practical and shall take all reasonable measures to minimize the consequences of any event of Force Majeure.

(b) A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, providing evidence of the nature and cause of such event, and shall similarly give written notice of the restoration of normal conditions as soon as possible. (c) Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.


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(d) During the period of their inability to perform the Services as a result of an event of Force Majeure, the Developer, upon instructions by the “NMCG”, shall either:

i) demobilize; or ii) continue with the Services to the extent possible, in which case the Developer shall continue to be paid proportionately and on prorata basis, under the terms of this Contract.

(e) In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled according to Clause GC 8.

2.8. Termination: The “NMCG” may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (g): a) If the Developer fails to remedy a failure in the performance of its obligations

hereunder, b) If the Developer becomes insolvent or go into liquidation or receivership whether

compulsory or voluntary. c) If the Developer fails to comply with any final decision reached because of

arbitration proceedings pursuant to Clause GC 8 hereof. d) If the Developer, in the judgment of the “NMCG”, has engaged in corrupt or

fraudulent practices in competing for or in executing this Contract. e) If the Developer submits to the “NMCG” a false statement which has a material

effect on the rights, obligations or interests of the “NMCG”. f) If the Developer fails to provide the quality services as envisaged under this

Contract. g) If the “NMCG”, in its sole discretion and for any reason whatsoever, decides to

terminate this Contract.

2.8.1. In such an occurrence the “NMCG” shall give a not less than seven (7) days’ written notice of termination to the Developer.

2.8.2. Cessation of Rights and Obligations: Upon termination of this Contract pursuant to Clauses GC 2.7 hereof, or upon expiration of this Contract pursuant to Clause GC 2.3 hereof, all rights and obligations of the Parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, and (ii) any right which a Party may have under the Law.

2.8.3. Cessation of Services: Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GC 2.7 hereof, the Developer shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum.

2.8.4. Payment upon Termination: Upon termination of this Contract pursuant to Clauses GC 2.7 hereof, the “NMCG” shall make the following payments to the Developer:


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(a) If the agreement is terminated, the Developer shall not be entitled to receive any agreed payments upon termination of the contract. However, the “NMCG” may consider making payment for the part satisfactorily performed on the basis of Quantum Meruit assessed by it, if such part is of economic utility to the NMCG. Applicable Under such circumstances, upon termination, the client may also impose liquidated damages as per the provisions of Clause 9 of this agreement. The Developer will be required to pay any such liquidated damages to NMCG within 30 days of termination date.

3. OBLIGATIONS OF THE DEVELOPER

3.1. General

3.1.1. Standard of Performance: The Developer shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The Developer shall always act, in respect of any matter relating to this Contract or to the Services, as faithful adviser to the “NMCG”, and shall at all times support and safeguard the “NMCG’s legitimate interests in any dealings with Sub-Developers or Third Parties.

3.2. Confidentiality: Except with the prior written consent of the “NMCG”, the Developer and the Personnel shall not at any time communicate to any person or entity any confidential information acquired during the Services, nor shall the Developer and its Personnel make public the recommendations formulated in the course of, or as a result of, the Services.

3.3. Insurance to be Taken out by the Developer: The Developer (i) shall take out and maintain, and shall cause any Sub-contractors to take out and maintain insurance, at their (or the Sub-contractors, as the case may be) own cost, insurance against any risks.

3.4. Reporting Obligations: The Developer shall submit to the “NMCG” the reports and documents specified in Appendix A, if applicable hereto, in the form, in the numbers and within the time periods set forth in the said Appendix.

3.5. Documents Prepared by the Developer to be the Property of the “NMCG”: All plans, drawings, specifications, designs, reports, other documents and software prepared by the Developer for the “NMCG” under this Contract shall become the property of the “NMCG”, and the Developer shall, not later than upon termination or expiration of this Contract, deliver all such documents to the “NMCG”, together with a detailed inventory thereof. The Developer may retain a copy of such documents, but shall not use anywhere, without taking permission, in writing, from the NMCG and the NMCG reserves right to grant or deny any such request. If license agreements are necessary or appropriate between the Developer and third parties for purposes of development of any such computer programs, the Developer shall obtain the “NMCG‘s prior written approval to such agreements, and the “NMCG” shall be entitled at its discretion to


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require recovering the expenses related to the development of the Monitoring Tool(s) concerned.

4. DEVELOPER’s PERSONNEL AND SUB-ONTRACTORS

4.1. General:The Developer shall employ and provide such qualified and experienced Personnel as are required to carry out the Services. Except as the “NMCG” may otherwise agree, no changes shall be made in the key Personnel. If, for any reason beyond the reasonable control of the Developer, such as retirement, death, medical incapacity, among others, it becomes necessary to replace any of the Personnel, the Developer shall forthwith provide as a replacement a person of equivalent or better qualifications. (b) If the “NMCG” (i) finds that any of the Personnel has committed serious misconduct or has been charged with having committed a criminal action, or (ii) has reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Developer shall, at the “NMCG’s written request specifying the grounds therefore, forthwith provide as a replacement a person with qualifications and experience acceptable to the “NMCG”. additional travel and other costs arising out of or incidental to any removal and/or replacement, and (ii) the remuneration to be paid for any of the Personnel provided as a replacement shall not exceed the remuneration which would have been payable to the Personnel replaced. The Developer shall not sub-contract any or part of the work without prior written permission of the NMCG.

5. OBLIGATIONS OF THE “NMCG”

5.1. Assistance and Exemptions: Unless otherwise specified in the SC, the “NMCG” shall use its best efforts to ensure that the Government shall: a) Provide the Developer, and Personnel with work permits and such other documents as shall be necessary to enable the Developer or Personnel to perform the Services. b) Issue to officials, agents and representatives of the Government all such instructions as may be necessary or appropriate for the prompt and effective implementation of the Services. c) Provide to the Developer and Personnel any such other assistance as may be specified in the SC.

5.2. Change in the Applicable Law Related to Taxes and Duties: If, after the date of this Contract, there is any change in the Applicable Laws of India with respect to taxes and duties, which are directly payable by the Developer for providing the services i.e. GST tax or any such applicable tax from time to time, which increases or decreases the cost incurred by the Developer in performing the Services, then the remuneration and reimbursable expenses otherwise payable to the Developer under this Contract shall be increased or decreased accordingly by agreement between the Parties hereto, and


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corresponding adjustments shall be made to the ceiling amounts specified in Clause GC 6.1(b).

5.3. Payment: In consideration of the Services performed by the Developer under this Contract, the “NMCG” shall make to the Developer such payments and in such manner as is provided by Clause GC 6 of this Contract.

6. PAYMENTS TO THE DEVELOPER

6.1. Total Cost of the Services a) The total cost of the Services payable is set forth in Appendix-B as per the

Developer’s proposal to the NMCG and as negotiated thereafter. b) There is no separate/additional payments will be made for any visits undertaken or

incidental expenses incurred in rendering the operational and maintenance services, including training and documentation.

c) Except as may be otherwise agreed under Clause GC 2.5 and subject to Clause GC 6.1(c), payments under this Contract shall not exceed the amount specified in Appendix-B.

d) Notwithstanding Clause GC 6.1(b) hereof, if pursuant to Clause 5.2 hereof, the Parties shall agree that additional payments shall be made to the Developer to cover any necessary additional expenditures not envisaged in the cost estimates referred to in Clause GC 6.1(a) above, the ceiling or ceilings, as the case may be, set forth in Clause GC 6.1(b) above shall be increased by the amount or amounts, as the case may be, of any such additional payments.

6.2. Currency of Payment: All payments shall be made in Indian Rupees.

6.3. Terms of Payment The payments in respect of the Services shall be made as follows:

Payment Milestones

S. No

Milestones Percentage of Payment

A Development of Project Monitoring Tool and Phone Application

1. Submission of Inception Report/concept 10%

2. Submission of draft Project Management Tool &Mobile App and Geo-tagging application

30%

3. Project Management Tool Integration with existing MIS.

20%

4. Finalization of key performance metrics, deliverables, fixing of milestones and timelines for project tracking go live.

30%

5. Takeover of Project Monitoring Tool by NMCG i.e. Upon acceptance of source code, security audit

10%


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S. No

Milestones Percentage of Payment

report & User Manuals by NMCG

Total for Project Monitoring Tool and Mobile App 100%

B. Cost of Providing full time dedicated resources at NMCG Office for trouble shooting of software (for 2 years)

Quarterly Payments post go live, against quarterly reports.

C. Providing full time dedicated Operational Support services including data feeding, data migration, user training, documentation etc. (for 2 years) at NMCG and SPMGs.

Quarterly Payments post go live, against quarterly reports.

a) Performance Guarantee–equivalent to 10% of total value of the Contract in the form of Bank Guarantee shall be produced prior to signing of the Contract. The validity of the Bank Guarantee is valid 60 days beyond the completion of all contractual obligations.

b) Final Payment: The final payment as specified in SC shall be made only after the takeover of MIS Portal by NMCG i.e. Upon acceptance of source code, security audit report & User Manuals by NMCG, identified as such, shall have been submitted by the Developer and approved as satisfactory by the “NMCG” unless the “NMCG”, within such thirty (30) day period, gives written notice to the Developer specifying in detail deficiencies in the Services. The Developer shall thereupon promptly make any necessary corrections, and thereafter the foregoing process shall be repeated. c) For the purpose of payment under Clause 6.3 (b) above, acceptance means; acceptance of the deliverables by the NMCG after submission by the Developer with / without modifications to be communicated in writing by the NMCG to the Developer. d) If the deliverables submitted by the Developer are not acceptable to the NMCG, reasons for such non-acceptance should be recorded in writing; the NMCG shall not release the payment due to the developer. This is without prejudicing the NMCG’s right to levy any liquidated damages under clause 9. In such case, the payment will be released to the Developer only after it re-submits the deliverable and which is accepted by the NMCG. e) All payments under this Contract shall be made to the accounts of the Developer specified in the payments milestone table. f) With the exception of the final payment under 6.3 (c) above, payments do not constitute acceptance of the Services nor relieve the Developer of any obligations hereunder, unless the acceptance has been communicated by the NMCG to the Developer in writing.


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7. FAIRNESS AND GOOD FAITH

7.1. Good Faith: The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.

7.2. Operation of the Contract: The Parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with Clause GC 8 hereof.

8. SETTLEMENT OF DISPUTES

8.1. Amicable Settlement: Performance of the contract is governed by the terms & conditions of the contract, in case of dispute arises between the parties regarding any matter under the contract, 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 30 days after receipt. If that party fails to respond within 30 days, or the dispute cannot be amicably settled within 60 days following the response of that party, clause GC 8.2 shall become applicable.

8.2. Arbitration: In the case of dispute arising upon or in relation to or about the contract between the NMCG and the Developer, which has not been settled amicably, any party can refer the dispute for Arbitration under (Indian) Arbitration and Conciliation Act, 1996. Such disputes shall be referred to an Arbitral Tribunal consisting of 3 (three) arbitrators, one each to be appointed by the NMCG and the Developer, the third arbitrator shall be chosen by the two arbitrators so appointed by the parties and shall act as Presiding Arbitrator. In case of failure of the two arbitrators, appointed by the parties to reach a consensus regarding the appointment of the third arbitrator within a period of 30 days from the date of appointment of the two arbitrators, the Presiding arbitrator shall be appointed by the Secretary of the Ministry / Department. The Arbitration and Conciliation Act, 1996 and any statutory modification or re-enactment thereof, shall apply to these arbitration proceedings.

8.3. Arbitration proceedings shall be held in New Delhi, India and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English.

8.4. The decision of a majority of arbitrators shall be final and binding upon both parties. The expenses of the arbitrators as determined by the arbitrators shall be shared equally by the NMCG and the Developer. However, the expenses incurred by each party about the preparation, presentation shall be borne by the party itself. All arbitration awards shall be in writing and shall state the reasons for the award.


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9. LIQUIDATED DAMAGES

9.1. The amount of liquidated damages under this Contract shall not exceed [5] % of the total value of the contract.

9.2. The liquidated damages shall be applicable under following circumstances: In the event of Developer’s default in maintaining the agreed time frame / scheduled set of activities as detailed in this Contact, the Developer shall be liable to pay 1% of the total cost of the services for delay of each day or part thereof.

10. Miscellaneous provisions: i. Nothing contained in this Contract shall be construed as establishing or creating

between the Parities, a relationship of master and servant or principal and agent.

ii. Any failure or delay on the part of any Party to exercise right or power under this Contract shall not operate as waiver thereof.

iii. The Developer shall notify the NMCG of any material change in their status, in particular, where such change would impact on performance of obligations under this Contract.

iv. Each member/constituent of the Developer, in case of a consortium, shall be jointly and severally liable to and responsible for all obligations towards the NMCG for performance of works/services including that of its Associates/Sub-Contractors under the Contract.

v. The Developer shall always indemnify and keep indemnified the NMCG against all claims/damages etc. for any infringement of any Intellectual Property Rights (IPR) while providing its services under the Project.

vi. The Developer shall always indemnify and keep indemnified the NMCG against any claims in respect of any damages or compensation payable in consequences of any accident or injury sustained or suffered by its (the Developer’s) employees or agents or by any other third Party resulting from or by any action, omission or operation conducted by or on behalf of the Developer.

vii. The Developer shall always indemnify and keep indemnified the NMCG against any and all claims by Employees, Workman, Contractors, sub-contractors, suppliers, agent(s), employed engaged or otherwise working for the Developer, in respect of wages, salaries, remuneration, compensation or the like.

viii. All claims regarding indemnity shall survive for a period of 1 year post the termination or expiry of the Contract.

ix. It is acknowledged and agreed by all Parties that there is no representation of any type, implied or otherwise, of any absorption, regularization, continued engagement or concession or preference for employment of persons engaged by the Developer for any engagement, service or employment in any capacity in any office or establishment of the Government of India or the NMCG.

11. Jurisdiction of Courts Jurisdiction of courts for dispute resolution shall be New Delhi only.


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III. SPECIAL CONDITIONS OF CONTRACT

SCC Clause No.

Ref. of GC Clause No.

Amendments of, and Supplements to, Clauses in the General Conditions of Contract

1. 1.6.1& 1.6.2

Addresses: NMCG: National Mission for Clean Ganga (Ministry of Water Resources, River Development & Ganga Rejuvenation), 1st Floor, Major Dhyan Chand National Stadium, Near India Gate, New Delhi -110002 Tel: +91-11-23072900/901; Fax: +91-11-23049567 Developer:

………………

2. 2.1 Effective date of contract……………………

3. 2.2 The time period shall be one week from the effective date.

4. 2.3 The time period shall be 90 days from the effective date.

5. 2.5 The Contract Price is Rs.__________(Rupees………) inclusive of all applicable taxes and duties.

6. 6.3 (a) The Performance Security amount equals to 10% of the contract value i.e., Rs.______ (Rupees _________). The validity of the Bank Guarantee is valid 60 days beyond the completion of all contractual obligations.

In case the contract period is extended further, the validity of Performance Security shall also be extended by the Agency accordingly.

7. 6.3 (e) Account Details of the Developer:

Name and Address of the Beneficiary:

Bank:

Branch:

Address of the Bank:

Account Number:

Account Type:

RTGS/NEFT/IFSC CODE:

MICR NO:


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Form of Performance Security

To

National Mission for Clean Ganga

1st Floor, Major Dhyan Chand National Stadium,

India Gate, New Delhi-110002

WHEREAS ______________________ [Name and address of Project Management & Monitoring

Tool Development Agency] (hereinafter called the “Vendor”) has undertaken, in pursuance of

Letter of Award/Contract No. ________________ dated ________ to provide the services on

terms and conditions set forth in this Contract ______________ [Name of contract and brief

description of works] (hereinafter called the “the Contract”).

AND WHEREAS it has been stipulated by you in the said Contract that the Developer shall

furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as

security for compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Developer such a Bank Guarantee;

NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf of

the Developer up to a total of _______________ [amount of Guarantee] __________[in words],

such sum being payable in the types and proportions of currencies in which the Contract Price is

payable, and we undertake to pay you, upon your first written demand and without cavil or

argument, any sum or sums within the limits of ________________________ [amount of

Guarantee] as aforesaid without your needing to prove or to show grounds or reasons for your

demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Developer before

presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the

Contract or of the services to be performed there under or of any of the Contract documents

which may be made between you and the Developer shall in any way release us from any

liability under this guarantee, and we hereby waive notice of any such change, addition or

modification.

The liability of the Bank under this Guarantee shall not be affected by any change in the

constitution of the Developer or of the Bank.


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"This guarantee shall also be operatable at our……………….. Branch at New Delhi, from whom,

confirmation regarding the issue of this guarantee or extension / renewal thereof shall be made

available on demand. In the contingency of this guarantee being invoked and payment there

under claimed, the said branch shall accept such invocation letter and make payment of

amounts so demanded under the said invocation."

Notwithstanding anything contained herein before, our liability under this guarantee is

restricted to Rs. ______________ (Rupees_____________________) and the guarantee shall

remain valid till____________. Unless a claim or a demand in writing is made upon us on or

before ____________ all our liability under this guarantee shall cease.

Notwithstanding anything contained hereinabove:

A. Our liability under this guarantee shall not exceed Rs.______ (Rupees_____).

B. This bank guarantee shall be valid upto ______.

C. We are liable to pay the guarantee amount or any part thereof under this bank guarantee

only and only if you serve upon us a written claim or demand on or before____.

Signature and Seal of the Guarantor _________________________

In presence of

Name and Designation

1. _________________________

(Name, Signature & Occupation)

Name of the Bank

Address

2. _______________________

(Name & Occupation)

Date