17181712218736
17181712218736
P25020/364/2022-EODB Section
Department for Promotion of Industry and Internal Trade Ministry of Commerce and
Industry Government of India
for
June, 2024
Contents
NOTICE INVITING – REQUEST FOR PROPOSAL .................................................................. 1
Section 1.Letter of Invitation...................................................................................................... 3
Section 2.Instruction to applicants ............................................................................................ 4
2.1 Introduction ........................................................................................................ 4
2.2Clarification and amendment to RFP documents ...................................................... 6
2.3Earnest Money Deposit ............................................................................................ 7
2.4Preparation of Proposal ............................................................................................ 8
2.5Submission, Receipt and Opening of Proposals ..................................................... 10
2.6Proposal Evaluation ............................................................................................... 11
2.7Grant of Work Order ............................................................................................... 13
2.8Confidentiality......................................................................................................... 14
2.9Contract cancellation along with forfeiture of Performance Guarantee ................... 14
2.10Pre-Bid Meeting.................................................................................................... 15
2.11Miscellaneous ...................................................................................................... 15
2.12Tentative schedule for selection process .............................................................. 16
Section 3.Pre-Qualification and Technical Proposal Standard Forms ..................................... 17
Form 3A: Pre-Qualification Proposal Submission Form ............................................... 18
Form 3B: Self-certification of Minimum Eligibility and of not being blacklisted ............. 21
Form 3C: Format for Pre-Qualification Proposal (Cumulative Annual Turnover of ....... 22
Applicant) for Survey related Services ......................................................................... 22
Form 3D: Format for highlighting relevant experience ................................................. 23
Form 3E: Format for Power of Attorney for Authorized Representative ....................... 24
Form 3F: Format of Bank Guarantee for Earnest Money Deposit ................................ 26
Form 3G: Technical Proposal Submission Form ......................................................... 29
Form 3H: Format for CV of the professional staff proposed ......................................... 32
Section 4.Financial Proposal – Standard Forms ..................................................................... 33
Form 4A: Financial Proposal Submission Form ........................................................... 34
Form 4B: Summary of Costs ....................................................................................... 35
Section 5.Terms of Reference ................................................................................................ 36
Section 6.Standard Form of Work Order ................................................................................. 44
Form of Work Order .................................................................................................... 45
Annexure A: Form of Bank Guarantee for Performance Security................................. 54
NOTICE INVITING – REQUEST FOR PROPOSAL
Department for Promotion of Industry & Internal Trade (DPIIT) is the Nodal
Department for spearheading the State level business reforms in the country under its
Business Reform Action Plan (BRAP). DPIIT undertakes assessment and evaluates
States/UTs on the basis of implementation of reforms identified in the Action Plan. For
the ongoing exercise of BRAP, 2024, States/UTs are to be evaluated and assessed on
the basis of a Feedback Survey. The objective of this exercise is to conduct the survey
of private sector users on various reforms implemented under BRAP, 2024 across all
States/UTs in India.
In view of above, DPIIT is seeking to employ the services of a qualified survey agency to
assist in this pioneering initiative. The objectives of the assignment are to:
a) Use the defined methodology to collect feedback from the private sector users on
each of the reforms to be studied;
b) Present the data collected in a manner that can be used for the purposes of
assessment of States/UTs using the defined methodology; and
c) Report to DPIIT on the feedback received from the users of the reforms.
The salient features of the project, eligibility criteria and prescribed formats for
submission can be accessed in the RFP document uploaded on the website:
https://gem.gov.in/ and https://dpiit.gov.in.
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Disclaimer
1. This RFP document is neither an agreement nor an offer by Department for Promotion of
Industry and Internal Trade, Ministry of Commerce and Industry, Government of India
(hereinafter referred to as DPIIT) to the prospective applicants or any other person. The
purpose of this RFP is to provide information to the interested parties that may be useful to
them in the formulation of their proposal pursuant to this RFP.
2. DPIIT does not make any representation or warranty as to the accuracy, reliability or
completeness of the information in this RFP document and it is not possible for DPIIT to
consider particular needs of each party who reads or uses this document. RFP includes
statements which reflect various assumptions and assessments arrived at by DPIIT in
relation to the statement of work. Such assumptions, assessments and statements do not
purport to contain all the information that each applicant may require. Each prospective
applicant should conduct its own research and analyses and check the accuracy, reliability
and completeness of the information provided in this RFP document and obtain independent
advice from appropriate sources.
3. DPIIT will not be liable to any prospective applicant/ firm/ or any other person under any laws
(including without limitation the law of contract, tort), the principles of equity, restitution or
unjust enrichment or otherwise for any loss, expense or damage which may arise from or be
incurred or suffered in connection with anything contained in this RFP document, any matter
deemed to form part of this RFP document, the award of the assignment, the information and
any other information supplied by or on behalf of DPIIT or their employees, any Survey
Agency or otherwise arising in any way from the selection process for the assignment. DPIIT
will also not be liable for loss or damages in any manner whether resulting from negligence
or otherwise, however caused, arising from reliance placed by an applicant upon any
statement contained in this RFP.
4. DPIIT will not be responsible for any delay in receiving the proposals. The issuance of this
RFP does not imply that DPIIT is bound to select an applicant or to appoint the Selected
Applicant, as the case may be, for the services and DPIIT reserves the right to accept/reject
any or all of proposals submitted in response to RFP document, at any stage, without
assigning any reasons whatsoever. DPIIT also reserves the right to withhold or withdraw the
process at any stage with intimation to all who submitted RFP application.
5. The information given is not exhaustive on account of statutory requirements and should not
be regarded as complete or authoritative statement of law. DPIIT accepts no responsibility
for the accuracy or otherwise for any interpretation or opinion on the law expressed herein.
6. DPIIT reserves the right to change/ modify/ amend/ cancel any or all provisions of this RFP
document. Such revisions to the RFP / amended RFP will be made available on the website
of DPIIT and GeM portal.
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Section 1. Letter of Invitation
New Delhi
Date: June 12, 2024
1.1 Introduction
Department for Promotion of Industry & Internal Trade (DPIIT) is the Nodal Department for
spearheading the State level business reforms in the country under its Business Reform Action
Plan (BRAP). DPIIT undertakes assessment and evaluates States/UTs on the basis of
implementation of reforms identified in the Action Plan. As per the Assessment &Evaluation
Methodology for the ongoing exercise of BRAP, 2024, States/UTs are to be evaluated on the
basis of a Feedback Survey.
DPIIT is seeking to employ the services of a qualified survey agency to assist in this pioneering
initiative.
1.2 Objectives
a) Use the defined methodology to collect feedback from the private sector users on each
of the reforms to be studied;
b) Present the data collected in a manner that can be used for the purposes of assessment
of States/UTs using the defined methodology; and
c) Report to DPIIT on the feedback received from the users of the reforms.
1.3 A Survey Agency will be selected as per Quality cum Cost Based Selection (QCBS) process.
All clarifications/ corrigenda will be published only on the website of DPIIT. The official
website for accessing the information related to RFP is: www.dpiit.gov.in(the “Official
Website”) along with Government e-Marketplace (GeM) Portal (https://gem.gov.in/).
Yours sincerely,
Deputy Secretary (EoDB), DPIIT
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Section 2. Instruction to applicants
2.1 Introduction
2.1.1 Department for Promotion of Industry and Internal Trade (DPIIT), will select an agency
or agencies in accordance with the method of selection specified in the RFP. Applicants
are advised that the selection of survey agency for feedback survey on Business Reforms
Action Plan, 2024 shall be on the basis of an evaluation by DPIIT through the selection
process specified in this RFP. Applicants shall be deemed to have understood and agreed
that no explanation or justification for any aspect of the selection process will be given
and that DPIIT’s decisions are final without any right of appeal whatsoever.
2.1.2 Applicants are invited to submit Technical and Financial Proposals (collectively called as-
the proposal), for the services required for the assignment. The proposal will form the
basis for grant of Work Order to the selected Survey Agency. The Survey Agency shall
carry out the assignment in accordance with the Terms of Reference of RFP (the ToR).
2.1.3 The applicant shall submit the proposal in the form and manner specified in this RFP. The
proposal shall be submitted as per the forms given in relevant sections herewith.
2.1.4 Applicants shall bear all costs associated with the preparation and submission of their
proposals and their participation in the selection process, and presentation including but
not limited to postage, delivery fees, expenses associated with any demonstrations or
presentations which may be required by DPIIT or any other costs incurred in connection
with or relating to its proposal. DPIIT is not bound to accept any proposal and reserves
the right to annul the selection process at any time prior to grant of Work Order, without
thereby incurring any liability to the applicants.
2.1.5 DPIIT requires that the applicant shall hold DPIIT’s interests paramount, avoid conflicts
with other assignments or with its own interests and act without any consideration for
future work. The applicant shall not accept or engage in any assignment that may place
it in a position of not being able to carry out the assignment in the best interests of DPIIT
and the project.
2.1.6 It is the DPIIT’s policy to require that the applicants observe the highest standard of ethics
during the selection process and execution of work/assignment. In pursuance of this
policy, DPIIT:
a) will reject the proposal for award if it determines, at any stage/time, that the
applicant has engaged in corrupt or fraudulent activities in competing for the Work
Order in question;
b) will declare an applicant ineligible, either indefinitely or for a stated period of time,
to be awarded any contract or Work Order if it at any time determines that the applicant
has engaged in corrupt or fraudulent practices in competing for and in executing the Work
Order.
2.1.7 Dispute Resolution: If any dispute or difference of any kind whatsoever arises between
the parties in connection with or arising out of or relating to or under this RFP, the parties
shall promptly and in good faith negotiate with a view to its amicable resolution and
settlement. In the event no amicable resolution or settlement is reached within a period
of thirty (30) days from the date on which the above-mentioned dispute
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or difference arose, such dispute or difference shall be finally settled by the Secretary,
DPIIT who will act the sole arbitrator and whose decision shall be final and binding on the
parties.
2.1.8Termination of assignment: DPIIT will have the right to terminate the assignment by giving
30 (thirty) days’ notice in writing. In the event of termination for no fault of Applicant,
DPIIT shall reimburse the expenses incurred by the Applicant (upon submission of proof)
including closing-up of the project. If the assignment is terminated due to the fault of the
Applicant or in case of termination of the assignment by the Applicant for reasons not
attributable to DPIIT, DPIIT reserves rights to forfeit the performance security of the
Applicant.
2.1.9The Applicants shall submit their proposal in four covers containing details of
Earnest Money Deposit (EMD) or Bid Securing Declaration, Prequalification
Proposal, Technical Proposal and Financial Proposal through Government e-
Marketplace (GeM) Portal (https://gem.gov.in/). Original EMD or Bid Securing
Declaration is to be deposited at DPIIT. No proposal shall be accepted in any other
form and shall be summarily rejected.
2.1.10The evaluation will be done in accordance with procedure given in Clause 2.6.
(i) Notwithstanding anything contained in this RFP, DPIIT reserves the right to
accept or reject any Proposal and to annul the Selection Process and reject all
Proposals, at any time without any liability or any obligation for such acceptance,
rejection or annulment, and without assigning any reasons thereof.
(ii) Without prejudice to the generality of above, DPIIT reserves the right to reject
any Proposal if:
a. at any time, a misrepresentation is made or discovered, or
b. the Applicant does not provide, within the time specified by DPIIT, the
supplemental information sought by DPIIT for evaluation of the Proposal.
(iii) Such misrepresentation/ improper response by the Applicant may lead to the
disqualification of the Applicant. If such disqualification/ rejection occurs after the
Proposals have been opened and the highest-ranking applicant gets disqualified/
rejected, then DPIIT reserves the right to consider the next best applicant, or take any
other measure as may be deemed fit in the sole discretion of DPIIT, including
annulment of the Selection Process.
(i) It shall be deemed that by submitting the Proposal, the Applicant has:
a) made a complete and careful examination of the RFP;
b) received all relevant information requested from DPIIT;
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c) accepted the risk of inadequacy, error or mistake in the information provided in
the RFP or furnished by or on behalf of DPIIT;
d) satisfied itself about all matters, things and information, including matters herein
above, necessary and required for submitting an informed Application and
performance of all of its obligations there under;
e) acknowledged that it does not have a Conflict of Interest;
f) agreed to be bound by the undertaking provided by it under and in term hereof,
and
g) conducted its own investigations and analysis and checked the accuracy,
adequacy, correctness, reliability and completeness of the assumptions,
assessments and information contained in this RFP and obtained independent
advice from appropriate sources.
(ii) DPIIT and/ or its advisors shall not be liable for any omission, mistake or error on the
part of the Applicant in respect of any of the above or on account of any matter or
thing arising out of or concerning or relating to RFP or the Selection Process,
including any error or mistake therein or in any information or data given by DPIIT
and/ or its Agencies.
Applicants may seek clarification on this RFP document, within five (5) days of the date of issue
of this RFP document. Any request for clarification must be sent by standard electronic means
(PDF and/or word file) to the DPIIT’s email address (mentioned below) or through post to DPIIT
office address:
Deputy Secretary (EoDB), Department for Promotion of Industry and Internal Trade,
Ministry of Commerce &Industry, Government of India, Room No. 204, 2 nd Floor, Vanijya
Bhawan, New Delhi – 110001
Email id: [email protected] / [email protected]
DPIIT will endeavor to respond to the queries prior to the Proposal Due Date. DPIIT will post
the reply to all such queries on its official website and/or on the Government eMarketplace
(GeM) Portal (https://gem.gov.in/).
2.2.1At any time before the submission of Proposals, DPIIT may, for any reason, whether at
its own initiative/discretion or in response to a clarification requested by a prospective
Applicant, modify/ update the RFP documents by way of an amendment. Only the
amendments/ corrigenda posted on the DPIIT’s Website shall be valid. In order to
provide the Applicants a reasonable time for taking an amendment into account, DPIIT
may at its discretion extend the Proposal Due Date.
2.2.2Applicants willing to attend the pre-bid should inform DPIIT beforehand in writing through
email. The maximum number of participants from an applicant, who chose to attend the
Pre-Bid Meeting, shall not be more than two per applicant. The representatives attending
the Pre-Bid Meeting shall accompany with an authority letter duly signed by the
authorized signatory of his/her organization.
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2.3Earnest Money Deposit
2.3.1The applicants have options to submit either the Earnest Money Deposit (EMD) or the Bid
Securing Declaration (refer section 2.3.3 below). An Earnest Money Deposit in the form
of a Demand Draft/ Bank Guarantee, from a scheduled Indian Bank in favour of Pay and
Account Officer, DPIIT, New Delhi, payable at New Delhi, for the sum of Rs. 5,00,000/-
(Rupees Five Lakh Only) shall be required to be submitted by each Applicant. The
Bank Guarantee shall be in the format of Form 3F.
2.3.2The Demand Draft/ Bank Guarantee in original shall be placed in an envelope and marked
as ―EMD– [name of assignment] and ―Not to be opened except in the presence of
evaluation committee. This envelope shall be delivered to DPIIT in physical form before
the Proposal Due Date. In addition, a scanned copy (in pdf format) may also be uploaded
on GeM Portal. Bids received without the specified Earnest Money Deposit or the Bid
Securing Declaration will be summarily rejected.
2.3.4DPIIT will not be liable to pay any interest on Earnest Money Deposit. Bid security of Pre-
Qualified but unsuccessful Applicants shall be returned, without any interest, within one
month after grant of the Work Order to the Selected Applicant or when the selection
process is cancelled by DPIIT. The Selected Applicant’s Earnest Money shall be
returned, without any interest upon the Applicant accepting the Work Order and
furnishing the Performance in accordance with provision of the RFP and Work Order.
2.3.5DPIIT will be entitled to forfeit and appropriate the EMD as mutually agreed loss and
damage payable to DPIIT in regard to the RFP without prejudice to DPIIT’s any other
right or remedy under the following conditions:
(ii) If any Applicant withdraws its Proposal during the period of its validity as specified in
this RFP and as extended by the DPIIT from time to time,
(iii) In the case of the Selected Applicant, if the Selected Applicant fails to accept the
Work Order or provide the Performance Security within the specified time limit, or
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(iv) If the Applicant commits any breach of terms of this RFP or is found to have made a
false representation to DPIIT.
Performance Security equivalent to the amount indicated in this RFP shall be furnished
before start of work on assignment in form of a Bank Guarantee substantially in the form
specified in the RFP/ Work Order.
For the successful bidder, the Performance Security shall be retained by DPIIT until the
completion of the assignment by the Applicant and be released 60 (Sixty) days after the
completion of the assignment.
2.3.6Any entity which has been barred by the Central Government, any State Government, a
statutory or by order of a judicial/regulatory authority or a public sector undertaking, as
the case may be, from participating in any project and the bar subsists as on the date of
the Proposal Due Date, would not be eligible to submit a Proposal.
2.3.7An Applicant should have, during the last 3 (three) years, neither failed to perform on any
agreement, as evidenced by imposition of a penalty by an arbitral or judicial authority or
a judicial pronouncement or arbitration award against the Applicant or its Associate, nor
been expelled from any project or agreement nor have had any agreement terminated
for breach by such Applicant or its Associate.
2.4Preparation of Proposal
2.4.1Applicants are requested to submit their Proposal in English language and strictly in the
formats provided in this RFP. The DPIIT will evaluate only those Proposals that are
received in the specified forms and complete in all respects.
2.4.2The technical proposal should provide the documents as prescribed in this RFP. No information
related to financial proposal should be provided in the technical proposal.
2.4.3Failure to comply with the requirements spelt out above shall lead to deduction of marks
during the evaluation. Further, in such a case, DPIIT will be entitled to reject the
Proposal. However, if any information related to financial proposal is included in the
technical proposal the applicant shall be disqualified and his proposal will not be
considered.
2.4.5Applicants should note the Proposal Due Date for submission of Proposals. Except as
specifically provided in this RFP, no supplementary material will be entertained by the
DPIIT, and the evaluation will be carried out only on the basis of Documents received
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by/before the closing time of Proposal Due Date. Applicants will ordinarily not be asked
to provide additional material information or documents subsequent to the date
of submission, and unsolicited material if submitted will be summarily rejected. For the
avoidance of doubt, the DPIIT reserves the right to seek clarifications in case the
proposal is non- responsive on any aspects.
2.4.6Financial Proposal: While preparing the Financial Proposal, Applicants are expected to
take into account the various requirements and conditions stipulated in this RFP
document. The Financial Proposal should be a lump sum Proposal inclusive of all the
costs including but not limited to all taxes (except GST) associated with the Assignment.
Applicants shall express the price of their services in Indian Rupees only. While
submitting the Financial Proposal, the Applicant shall ensure the following:
(i) All the costs associated with the Assignment shall be included in the Financial
Proposal. These shall normally cover remuneration for all the personnel (Expatriate
and Resident, in the field, office, etc.), local transportation at the location of
deployment, equipment, printing of documents, secondary and primary data
collection, etc. The total amount indicated in the Financial Proposal shall be without
any condition attached or subject to any assumption, and shall be final and binding.
In case any assumption or condition is indicated in the Financial Proposal, it shall be
considered non-responsive and liable to be rejected.
(ii) The Financial Proposal shall take into account all the expenses and tax liabilities and
cost of insurance specified in the Work Order, levies and other impositions applicable
under the prevailing law. For the avoidance of doubt, it is clarified that all taxes,
excluding GST, shall be deemed to be included in the cost shown under different
items of Financial Proposal. The Applicant shall be paid only GST over and above the
cost of Financial Proposal. Further, all payments shall be subjected to deduction of
taxes at source as per applicable laws.
(iii) The proposal should be submitted as per the standard Financial Proposal submission
forms prescribed in this RFP.
(iv) Applicants shall express the price of their services in Indian Rupees only.
2.4.7The Financial proposal of the technically qualified participating agencies will be opened
by the Committee on the prescribed date in the presence of the Agency’s
representatives. The names of technically qualified participating agencies with their
overall technical scores shall be uploaded on the GeM Portal.
2.4.8The Agency with lowest qualifying Financial Quote (L1) will be awarded normalized score
of 100 (amongst the participating Agency which did not get disqualified on the basis of
technical score). Financial Scores for other than L1 participating Agency will be
evaluated using the following formula:
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2.4.9Final Score
The technical and financial scores secured by each Agency will be added using weightage
of 80% and 20% respectively to compute the Final Score.
The Final Score will be calculated (to two decimal points) as follows:
Bn = 0.80 * Tn + 0.20* Fn
Where Bn = Final Score of Agency
Tn = Technical score of the Agency (out of maximum of 100 marks) Fn
= Normalized financial score of the Agency
The Agency securing the highest Composite Score will be adjudicated as the selected
Agency for award of the Project. In the event the composite bid scores are “tied”, the
Agency securing the highest technical score will be adjudicated as the selected Agency
for award of the Project.
2.4.11The proposal should be submitted as per the standard Financial Proposal submission forms
prescribed in this RFP.
2.5.2The Authorized Representative of the Applicant should authenticate EMD Details (or Bid
Securing Declaration), Pre-qualification, Technical and Financial proposal using digital
signatures. The Authorized Representative’s authorization should be confirmed by a
written power of attorney/Board Resolution by the competent authority accompanying
the Proposal. (Pre-Qualification Proposal).
2.5.3The Applicant shall submit their proposal in four covers containing details of EMD (or
Bid Securing Declaration), Pre-Qualification Proposal, Technical Proposal and
Financial Proposal respectively, through GeM portal. No proposal shall be accepted
after the due date for submission of Proposals.
2.5.4After the Proposal submission until the grant of the Work Order, if any Applicant wishes
to contact the DPIIT on any matter related to its proposal, it should do so in writing at the
Proposal submission address. Any effort by the applicant firm to influence the DPIIT
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during the Proposal evaluation, Proposal comparison or grant of the Work Order
decisions may result in the rejection of the applicant’s proposal.
2.6Proposal Evaluation
2.6.1As part of the evaluation, the Pre-Qualification Proposal submitted (Form 3A - 3E) shall
be checked to evaluate whether the Applicant meets the prescribed Minimum
Qualification Criteria. Subsequently, the Technical Proposal submission, for Applicants
who meet the Minimum Qualification Criteria (―Shortlisted Applicant), shall be checked
for responsiveness in accordance with the requirements of the RFP and only those
Technical Proposals which are found to be responsive would be further evaluated in
accordance with the criteria set out in this RFP document.
2.6.2Prior to evaluation of Proposals, the DPIIT will determine whether each Proposal is
responsive to the requirements of the RFP at each evaluation stage as indicated below.
The DPIIT may, in its sole discretion, reject any Proposal that is not responsive
hereunder. A Proposal will be considered responsive at each stage only if:
Pre-qualification
(i) The DPIIT will satisfy itself that the applicants meets the minimum qualifications prescribed
before evaluating technical and financial proposals.
Technical Proposal
(i) The Technical Proposal is received in the form specified in this RFP;
(ii) It is accompanied by the Earnest Money Deposit (or Bid Securing Declaration) as
specified in this RFP;
(iii) It is received by the Proposed Due Date including any extension in terms hereof; (iv)It
does not contain any condition or qualification; and (v)It is not non-responsive in terms
hereof.
Financial Proposal
(i) The Financial Proposal is received in the form specified in this RFP;
(ii) It is received by the Proposed Due Date including any extension thereof in terms hereof;
(iii) It does not contain any condition or qualification; and (iv)It is not non-responsive in terms
hereof.
2.6.3The DPIIT reserves the right to reject any Proposal which is non-responsive and no
request for alteration, modification, substitution or withdrawal will be entertained by the
DPIIT in respect of such Proposals. However, DPIIT reserves the right to seek
clarifications or additional information from the applicant during the evaluation process.
The DPIIT will subsequently examine and evaluate Proposals in accordance with the
Selection Process detailed out below. As part of the evaluation, the PreQualification
Proposals submitted should fulfil the Minimum Qualification Criteria. In case an Applicant
does not fulfil the Minimum Qualification Criteria, the Proposal of such an Applicant will
not be evaluated further.
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2.6.4Minimum Qualification Criteria
2.6.5Technical Evaluation: The Evaluation Committee appointed by the DPIIT will carry out
the evaluation of Proposals on the basis of the following evaluation criteria and points
system. If required, the DPIIT may seek specific clarifications from any or all Agency at
this stage. Each evaluated Proposal will be given a technical score (Tn) as detailed
below. The maximum points/ marks to be given under each of the evaluation criteria are:
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3 Provide details of quality interventions that may 15
be undertaken by the firm to ensure that the data
captured is of the utmost quality
A proposal will be considered unsuitable and will be rejected at this stage if it does not respond to
important aspects of RFP Document and the Terms of Reference.
2.6.6Final selection: The final selection of the Survey Agency would be based on QCBS
(Quality-Cum Cost Based Methodology). The technical score would be calculated for
each applicant by the DPIIT and all the applicants who get at least 60 marks out of 100
would be considered for financial evaluation. Applicants who get a technical score of
less than 60 out of 100 would not be considered for the financial evaluation. The financial
score would be calculated through a normalization process where the lowest bidder
would be given 100 marks and scores of all other bidders would be normalized against
this. Final selection would be on the basis of weighted score where the weights for
technical and financial scores would be in the ratio of 80:20. The applicant with the
highest weighted score would be awarded the contract.
2.7.1After selection, a Work Order will be issued, in duplicate, by the DPIIT to the Successful
Applicant and the Successful Applicant shall, within 7 (seven) days of the receipt of the
Work Order, sign and return the duplicate copy of the Work Order in acknowledgement
thereof. In the event the duplicate copy of the Work Order duly signed by the Successful
Applicant is not received by within 7 (seven) days of the receipt of the Work Order, the
DPIIT may, unless it consents to extension of time for submission thereof, appropriate
the Earnest Money Deposit of such Applicant in full or to the extent of mutually agreed
pre-estimated loss and damage suffered by the DPIIT on account of failure of the
Successful Applicant to acknowledge the Work Order, and the next highest ranking
Applicant may be considered.
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2.8Confidentiality
Information relating to evaluation of proposals and recommendations concerning grant
of the Work Order shall not be disclosed to the applicants, their representatives/agents
or any person connected to the Applicant(s) who submitted the proposals or to other
persons not officially concerned with the process, until the Successful Applicant has
been notified that it has been given the Work Order.
The Agency, their Sub-consultants, and the Personnel of either of them shall not, either
during the term or within two (2) years after the expiration of this Work order, disclose
any proprietary or confidential information relating to the Project, the Services, this
Contract or the DPIIT’s business or operations without the prior written consent of DPIIT.
2.9.2Without prejudice to the rights of the DPIIT under this Clause, hereinabove and the rights
and remedies which the DPIIT may have under the WORK ORDER or the Agreement,
if an Applicant or Survey Agency, as the case may be, is found by the DPIIT to have
directly or indirectly or through its agent(s)/representative(s), engaged or indulged in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice during the Selection Process, or after the issue of the WORK ORDER or the
execution of the Agreement, such Applicant or Survey Agency shall not be eligible to
participate in any tender or RFP issued by the DPIIT during a period of 5 (five) years
from the date such Applicant or Survey Agency, as the case may be, is found by the
DPIIT to have directly or through its agent(s)/representative(s), engaged or indulged in
any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice, as the case may be. Further, the DPIIT will have the right to forfeit
the Performance Guarantee also.
2.9.3For the purposes of this Clause, the following terms shall have the meaning hereinafter
respectively assigned to them:
corrupt practice means (i) the offering, giving, receiving, or soliciting, directly or indirectly,
of anything of value to influence the action of any person connected with the Selection
Process (for avoidance of doubt, offering of employment to or employing or engaging in
any manner whatsoever, directly or indirectly, any official of the DPIIT who is or has been
associated in any manner, directly or indirectly with the Selection Process or the WORK
Page 14 of 55
ORDER or has dealt with matters concerning the Agreement or arising there from, before
or after the execution thereof, at any time prior to the expiry of one year from the date
such official resigns or retires from or otherwise ceases to be in the service of the DPIIT,
shall be deemed to constitute influencing the actions of a person connected with the
Selection Process); or (ii) save as provided herein, engaging in any manner whatsoever,
whether during the Selection Process or after the issue of the WORK ORDER or after the
execution of the Agreement, as the case may be, any person in respect of any matter
relating to the Project or the WORK ORDER or the Agreement, who at any time has been
or is a legal, financial or technical Survey Agency/ adviser of the DPIIT in relation to any
matter concerning the Project;
2.10Pre-Bid Meeting
2.10.1Pre-Bid Meeting of the Applicants will be convened at the designated date, time and
place. A maximum of two agents/representatives of each Applicant will be allowed to
participate on behalf of the agency.
2.10.2During Pre-Bid Meeting, the Applicants will be free to seek clarifications (posted on the
website) and make suggestions for consideration of the DPIIT. The DPIIT will endeavor
to provide clarifications and such further information as it may, in its sole discretion,
consider appropriate for facilitating a fair, transparent and competitive selection
process.
2.11Miscellaneous
2.11.1 The Selection Process shall be governed by and construed in accordance with the laws
of India and the Courts at New Delhi shall have exclusive jurisdiction over all disputes
arising under, pursuant to and/or in connection with the Selection Process.
2.11.2 The DPIIT, in its sole discretion and without incurring any obligation or liability, reserves the
right, at any time, to:
2.11.2.1suspend and/or cancel the Selection Process and/or amend and/or supplement
the Selection Process or modify the dates or other terms and conditions relating
thereto;
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2.11.2.2 consult with any Applicant in order to receive clarification or further information;
2.11.2.3 retain any information and/or evidence submitted to the DPIIT by, on behalf of
and/or in relation to any Applicant; and/or
2.11.2.4independently verify, disqualify, reject and/or accept any and all submissions or
other information and/or evidence submitted by or on behalf of any Applicant.
2.11.3It shall be deemed that by submitting the Proposal, the Applicant agrees and releases
the DPIIT, its employees, agents and advisers, irrevocably, unconditionally, fully and
finally from any and all liability for claims, losses, damages, costs, expenses or liabilities
in any way related to or arising from the exercise of any rights and/or performance of
any obligations hereunder, pursuant hereto and/or in connection herewith and waives
any and all rights and/ or claims it may have in this respect, whether actual or
contingent, whether present or future.
2.11.5The DPIIT reserves the right to make inquiries with any of the DPIITs listed by the Applicants
in their previous experience record.
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Section 3. Pre-Qualification and Technical Proposal Standard Forms
Form 3F: Format of Bank Guarantee for Earnest Money Deposit (applicant may
replace it by a Bid Securing Declaration as per Rule 170 (iii) of GFRs, 2017)
A presentation need to be made by the Bidder at the time of technical evaluation which may be
submitted later (at least 1 day before the date of technical presentation/evaluation).
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Form 3A: Pre-Qualification Proposal Submission Form
[Location, Date]
To
RFP dated [date] for Selection of Survey Agency for [name of assignment]
With reference to your RFP document dated [date], we, having examined all relevant documents
and understood their contents, hereby submit our Pre-Qualification Proposal for selection as
Survey Agency for [name of assignment]. The Proposal is unconditional and unqualified.
We are submitting our Proposal as [name of the Applicant].
We understand you are not bound to accept any Proposal you receive.
Further:
1. We acknowledge that DPIIT will be relying on the information provided in the Proposal
and the documents accompanying the Proposal for selection of the Survey Agency, and
we certify that all information provided in the Proposal and in the supporting documents is
true and correct, nothing has been omitted which renders such information misleading;
and all documents accompanying such Proposal are true copies of their respective
originals.
2. This statement is made for the express purpose of appointment as the Survey Agency for
the aforesaid Project.
3. We shall make available to DPIIT any additional information it may deem necessary or
require for supplementing or authenticating the Proposal.
4. We acknowledge the right of DPIIT to reject our application without assigning any reason
or otherwise and hereby waive our right to challenge the same on any account
whatsoever.
5. We certify that in the last 3 (three) years, we have neither failed to perform on any
assignment or contract, as evidenced by imposition of a penalty by an arbitral or judicial
authority or a judicial pronouncement or arbitration award against the Applicant, nor been
expelled from any project, assignment or contract by any public authority nor have had
any assignment or contract terminated by any public authority for breach on our part.
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6. We declare that:
(a) We have examined and have no reservations to the RFP, including any Addendum issued
by the Authority;
(b) We do not have any conflict of interest in accordance with the terms of the RFP;
(c) We have not directly or indirectly or through an agent engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice,
as defined in the RFP document, in respect of any tender or request for proposal issued
by or any agreement entered into with DPIIT or any other public sector enterprise or any
Government, Central or State; and
(d) We hereby certify that we have taken steps to ensure that no person acting for us or on
our behalf will engage in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice.
7. We understand that you may cancel the selection process at any time and that you are
neither bound to accept any Proposal that you may receive nor to select the Survey Agency,
without incurring any liability to the Applicants.
8. We declare that we are not associated or affiliated to any other Applicant applying for
Selection as a Survey Agency.
9. We declare that we are not a member of any other Consortium/JV applying for selection as
a Survey Agency.
10. We certify that we or any of our affiliates have not been convicted by a court of law or indicted
or adverse orders passed by a regulatory authority which would cast a doubt on our ability
to undertake the Project or which relates to a grave offence that outrages the moral sense
of the community.
11. We further certify that in regard to matters relating to security and integrity of the country,
we have not been charge-sheeted by any Agency of the Government or convicted by a court
of law for any offence committed by us or by any of our affiliates. We further certify that
neither we nor any of our consortium members have been barred by the Central
Government, any State Government, a statutory body or any public sector undertaking, as
the case may be, from participating in any project or bid, and that any such bar, if any, does
not subsist as on the date of this RFP.
12. We further certify that no investigation by a regulatory authority is pending either against us
or against our affiliates or against our CEO or any of our Directors/ Managers/ employees.
13. We hereby irrevocably waive any right or remedy which we may have at any stage at law or
howsoever otherwise arising to challenge or question any decision taken by DPIIT in
connection with the selection of Survey Agency or in connection with the selection process
itself in respect of the above-mentioned Project.
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14. We agree and understand that the proposal is subject to the provisions of the RFP
document. In no case, shall we have any claim or right of whatsoever nature if the Project
is not awarded to us or our proposal is not opened or rejected.
15. We agree to keep this offer valid for 60 (sixty) days from the Proposal Due Date specified in
the RFP.
16. A Power of Attorney in favour of the authorized signatory to sign and submit this Proposal
and documents is attached herewith.
17. The Technical and Financial Proposal is being submitted in a separate cover. This
PreQualification Proposal read with the Technical and Financial Proposal shall constitute
the application which shall be binding on us.
18. We agree and undertake to abide by all the terms and conditions of the RFP Document.
Yours sincerely,
Signature
Name and title of Authorized signatory/Authorized Representative
(Name of Firm)
Address:
Telephone:
Fax:
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Form 3B: Self-certification of Minimum Eligibility and of not being blacklisted
[Location, Date]
Here give a certificate that the Survey Agency is a registered firm/ company/ partnership* and is
not being currently blacklisted** by any Central/ State/ Public Sector undertaking in India.
If at any time it is found that the Survey Agency did not have the capabilities as enumerated
above, DPIIT may put the Survey Agency in negative list without prejudice to any other civil/
criminal action under the law and forfeiture of the earnest money deposit and in due course the
performance guarantee in lieu of penalty.
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Form 3C: Format for Pre-Qualification Proposal (Cumulative Annual Turnover of
Applicant) for Survey related Services
2. 2022-23
3. 2023-24
Designation
Name of firm
Note:
1.In case the Applicant does not have a statutory auditor, it may provide the certificate from any
other Chartered Accountant.
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Form 3D: Format for highlighting relevant experience
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Form 3E: Format for Power of Attorney for Authorized Representative
Know all men by these presents, We, [name of organization and address of the registered office]
do hereby constitute, nominate, appoint and authorize Mr / Ms. [name], son/ daughter/ wife of
[name], and presently residing at [address], who is presently employed with/ retained by us and
holding the position of [designation] as our true and lawful attorney (hereinafter referred to as
the ―Authorized Representative), with power to sub- delegate, in writing, to any person, to do
in our name and on our behalf, all such acts, deeds and things as are necessary or required in
connection with or incidental to submission of our Proposal for and selection as Survey Agency
for [name of assignment], to be developed by DPIIT (the ―Authority) including but not limited
to signing and submission of all applications, proposals and other documents and writings,
participating in pre-bid and other conferences and providing information/ responses to the
Authority, representing us in all matters before the Authority and undertakings consequent to
acceptance of our proposal and generally dealing with the Authority in all matters in connection
with or relating to or arising out of our Proposal for the said Project and/or upon award thereof
to us until accepting the Work Order with the Authority.
AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused
to be done by our said Authorized Representative pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said
Authorized Representative in exercise of the powers hereby conferred shall and shall always
be deemed to have been done by us.
IN WITNESS WHEREOF WE, [name of organization], THE ABOVE NAMED PRINCIPAL HAVE
EXECUTED THIS POWER OF ATTORNEY ON THIS [date in words] DAY OF [month] [year in
yyyy format].
Witnesses:
Notes:
1. The mode of execution of the Power of Attorney should be in accordance with the procedure,
if any, laid down by the applicable law and the charter documents of the executant(s) and
when it is so required the same should be under seal affixed in accordance with the required
procedure.
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2. Wherever required, the Applicant should submit for verification the extract of the charter
documents and other 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 Applicant.
3. For a Power of Attorney executed and issued overseas, the document will also have to be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Applicants from
countries that have signed The Hague Legislation Convention, 1961 are not required to be
legalized by the Indian Embassy if it carries a conforming Apostille certificate.
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Form 3F: Format of Bank Guarantee for Earnest Money Deposit
BG No.
Date:
2. Any such written demand made by the Authority stating that the Bidder is in default of
the due and faithful fulfillment and compliance with the terms and conditions contained
in the RFP Document shall be final, conclusive and binding on the Bank. We, the Bank,
further agree that the Authority shall be the sole judge to decide as to whether the Bidder
is in default of due and faithful fulfillment and compliance with the terms and conditions
contained in the RFP Document including, Document including without limitation, failure
of the said Bidder to keep its Proposal valid during the validity period of the Proposal as
set forth in the said RFP Document, and the decision of the Authority that the Bidder is
in default as aforesaid shall be final and binding on us, notwithstanding any differences
between the Authority and the Bidder or any dispute pending before any court, tribunal,
arbitrator or any other authority.
3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable
under this Guarantee without any demur, reservation, recourse, contest or protest and
without any reference to the Bidder or any other person and irrespective of whether the
claim of the Authority is disputed by the Bidder or not, merely on the first demand from
the Authority stating that the amount claimed is due to the Authority by reason of failure
of the Bidder to fulfill and comply with the terms and conditions contained in the RFP
Document including without limitation, failure of the said Bidder to keep its Proposal valid
during the validity period of the Proposal as set forth in the
Page 26 of 55
said RFP Document for any reason whatsoever. Any such demand made on the Bank
shall be conclusive as regards amount due and payable by the Bank under this
Guarantee. However, our liability under this Guarantee shall be restricted to an amount
not exceeding Rs. [in figures] ([in words]).
4. This Guarantee shall be irrevocable and remain in full force for a period of 60(sixty) days
from the Proposal Due Date and a further claim period of thirty (30) days or for such
extended period as may be mutually agreed between the Authority and the Bidder, and
agreed to by the Bank, and shall continue to be enforceable until all amounts under this
Guarantee have been paid.
5. The Guarantee shall not be affected by any change in the constitution or winding up of
the Bidder or the Bank or any absorption, acquisition, merger or amalgamation of the
Bidder or the Bank with any other Company, Corporation, LLP or a Firm.
6. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the
Bank as the principal debtor. The Authority shall have the full liberty without affecting in
any way the liability of the Bank under this Guarantee from time to time to vary any of
the terms and conditions contained in the said RFP Document or to extend time for
submission of the Proposals or the Proposal validity period or the period for conveying
of Letter of Acceptance to the Bidder or the period for fulfillment and compliance with all
or any of the terms and conditions contained in the said RFP Document by the said
Bidder or to postpone for any time and from time to time any of the powers exercisable
by it against the said Bidder and either to enforce or forbear from enforcing any of the
terms and conditions contained in the said RFP Document or the securities available to
the Authority, and the Bank shall not be released from its liability under these presents
by any exercise by the Authority of the liberty with reference to the matters aforesaid or
by reason of extension of time being given to the said Bidder or any other forbearance,
act or omission on the part of the Authority or any indulgence by the Authority to the said
Bidder or by any change in the constitution of the Authority or its absorption, merger or
amalgamation with any other person or any other matter or thing whatsoever which
under the law relating to sureties would but for this provision have the effect of releasing
the Bank from its such liability.
7. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given
or made if addressed to the Bank and sent by courier or by registered mail to the Bank
at the address set forth herein.
9. It shall not be necessary for the Authority to proceed against the said Bidder before
proceeding against the Bank and the guarantee herein contained shall be enforceable
against the Bank, notwithstanding any other security which the Authority may have
obtained from the said Bidder or any other person and which shall, at the time when
proceedings are taken against the Bank hereunder, be outstanding or unrealized.
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10. We, the Bank, further undertake not to revoke this Guarantee during its currency except
with the previous express consent of the Authority in writing.
11. The Bank declares that it has power to issue this Guarantee and discharge the
obligations contemplated herein, the undersigned is duly authorized and has full power
to execute this Guarantee for and on behalf of the Bank.
12. For the avoidance of doubt, the Banks liability under this Guarantee shall be restricted
to Rs. [in figures] ([in words]). The Bank shall be liable to pay the said amount or any
part thereof only if the Authority serves a written claim on the Bank in accordance with
paragraph 8 hereof, on or before [date]/15 days from the date of receipt of notice by the
Bank.
By the hand of Mr. /Ms. [name], it’s [designation] and authorized official.
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Form 3G: Technical Proposal Submission Form
[Location, Date]
Madam,
With reference to your RFP Document dated [date], we, having examined all relevant documents
and understood their contents, hereby submit our Technical Proposal for selection as [name of
assignment]. The Proposal is unconditional and unqualified.
1. We acknowledge that DPIIT will be relying on the information provided in the Proposal
and the documents accompanying the Proposal for selection of the Survey Agency, and
we certify that all information provided in the Proposal and in the supporting documents
is true and correct, nothing has been omitted which renders such information misleading;
and all documents accompanying such Proposal are true copies of their respective
originals.
2. This statement is made for the express purpose of appointment as the Survey Agency
for the aforesaid Project.
3. We shall make available to DPIIT any additional information it may deem necessary or
require for supplementing or authenticating the Proposal.
4. We acknowledge the right of DPIIT to reject our application without assigning any reason
or otherwise and hereby waive our right to challenge the same on any account
whatsoever.
5. We certify that in the last 3 (three) years, we have neither failed to perform on any
assignment or contract, as evidenced by imposition of a penalty by an arbitral or judicial
authority or a judicial pronouncement or arbitration award against the Applicant, nor
been expelled from any project, assignment or contract by any public authority nor have
Page 29 of 55
had any assignment or contract terminated by any public authority for breach on our
part.
6. We declare that:
a. We have examined and have no reservations to the RFP, including any Addendum
issued at any stage by the Authority;
b. We do not have any conflict of interest in accordance with the terms of the RFP;
d. We hereby certify that we have taken steps to ensure that no person acting for us or
on our behalf will engage in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice.
7. We understand that you may cancel the selection process at any time and that you are
neither bound to accept any Proposal that you may receive nor to select the Survey
Agency, without incurring any liability to the Applicants.
8. We certify that in regard to matters other than security and integrity of the country, we or
any of our affiliates have not been convicted by a court of law or indicted or adverse
orders passed by a regulatory authority which would cast a doubt on our ability to
undertake the Project or which relates to a grave offence that outrages the moral sense
of the community.
9. We further certify that in regard to matters relating to security and integrity of the country,
we have not been charge-sheeted by any Agency of the Government or convicted by a
court of law for any offence committed by us or by any of our affiliates. We further certify
that neither we nor any of our consortium members or our affiliates have been barred by
the central government, any state government, a statutory body or any public sector
undertaking, as the case may be, from participating in any project or bid, and that any
such bar, if any, does not subsist as on the date of this RFP.
10. We further certify that no investigation by a regulatory authority is pending either against
us or against our affiliates or against our CEO or any of our Directors/ Managers/
employees.
11. We hereby irrevocably waive any right or remedy which we may have at any stage at
law or howsoever otherwise arising to challenge or question any decision taken by DPIIT
in connection with the selection of Survey Agency or in connection with the selection
process itself in respect of the above mentioned Project.
12. We agree and understand that the proposal is subject to the provisions of the RFP
document. In no case, shall we have any claim or right of whatsoever nature if the Project
is not awarded to us or our proposal is not opened or rejected.
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13. The Financial Proposal is being submitted in a separate cover. This Technical Proposal
read with the Financial Proposal shall be binding on us.
14. We agree and undertake to abide by all the terms and conditions of the RFP Document.
Yours sincerely,
Address:
Telephone:
Fax:
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Form 3H: Format for CV of the professional staff proposed
1. Name:
2. Position:
3. Date of Birth:
4. Education:
5. Employment Record
6. Brief Profile
(Years of experience etc.)
8. Languages Known:
Assigned Year:
Location:
Client:
Position Held:
Main features:
Activities Performed:
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Section 4.Financial Proposal – Standard Forms
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Form 4A: Financial Proposal Submission Form
[Location]
[Date]
To
Deputy Secretary,
Department for Promotion of Industry and Internal Trade,
Vanijya Bhawan,
New Delhi-110001
Dear Sir,
Subject: Services for [name of assignment].
We, the undersigned, offer to provide the services for [name of assignment] in accordance with
your Request for Proposal dated [date] and our Proposal. Our attached Financial Proposal is
for the sum of [amount(s) in words and figures] (excluding service tax).
Our Financial Proposal shall be binding upon us subject to the modifications resulting from
arithmetic correction, if any, up to expiration of the validity period of the Proposal, i.e. [date].
We undertake that, in competing for (and, if the award is made to us, in executing) the above
assignment, we will strictly observe the laws against fraud and corruption in force in India
namely ―Prevention of Corruption Act 1988.
We understand you are not bound to accept any Proposal you receive.
Yours Sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of the Firm:
Address:
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Form 4B: Summary of Costs
Total Cost#
Tax*
Total cost of Financial Proposal (Incl. GST as
applicable)
#
For Financial Evaluation, the Total Cost for the period will be considered. This fee will
cover costs/expenses of the Survey Agency for undertaking work as detailed in the Scope of
Work. This financial proposal covers remuneration for all the Personnel (Expatriate and
Resident, in the field, office etc.), equipment, surveys, overhead charges viz. travelling,
boarding and lodging and out of pocket expenses.
*Goods and Services Tax (and other applicable taxes and levies) would be payable at the
applicable rates as may be in force from time to time.
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Section 5.Terms of Reference
5.1 Context
5.1.1. Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce
and Industry, Government of India is undertaking business reforms across all States/UTs in
India.
5.1.2. The process to reform business regulation in States/UTs has been driven through an
annual “Business Reform Action Plans” (BRAP) issued to all States/UTs, outlining the list of
reforms required to be implemented. The evidence of implementation submitted by States/UTs
is approved by DPIIT. For BRAP 2019 & 2020, the ranking was determined solely on the basis
of user feedback on reforms implemented by States/UTs.
5.1.3. DPIIT released the BRAP 2024 for implementation by States/UTs and the deadline for
submission of reform implementation evidence is 15th October 2024. The BRAP 2024
includes 344 reforms, divided into two parts – Part A comprises of 57 Central ministry/
Departments related reforms covering 11 Central Ministries/ Departments while Part B
comprises of 287 business centric reforms pertaining to State/ UTs.
5.1.4. For the purpose of assessment and evaluation under BRAP 2024, all the States/UTs are
grouped into the following two categories:
Central No grouping
Ministries/
Departments
5.1.5. Assessment and evaluation of States/UTs under BRAP, 2024 will be based solely on a
comprehensive Government-to-Business (G2B) feedback exercise on 287 reforms where user
will validate the implementation of reforms claimed by the States and UTs.
5.1.6. Approximately, interviews are to be undertaken in the range varying from 1,00,440 (93
categories x 30 users x 36 States/UTs) to 1,33,920 (93 categories x 40 users x 36
States/UTs) spread across all States/UT are expected to be surveyed to validate whether
implemented reforms were felt on the ground. The feedback exercise is to be conducted
primarily through telephonic means, WhatsApp/ SMS/ Email and Face to Face Interview of
users who had availed the government service in the recent past.
5.1.7. Face to Face interviews to be undertaken for selected users (around 10%) on the below
reform areas:
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3. Contract Enforcement
4. State Excise
5. Obtaining Utility Permits
5.2 Objective
DPIIT intends to conduct the survey of private sector users (Business Professionals) on the
various reforms implemented under BRAP 2024 across all States/UTs in India. As a result,
DPIIT is seeking to employ the services of a qualified survey agency to assist in this pioneering
initiative. The objectives of the assignment are to:
a) Use the defined methodology to collect feedback from the private sector on each of the
reforms to be studied;
b) Present the data collected in a manner that can be used for the purposes of
assessment of States/UTs using the defined methodology; and
c) Report to DPIIT on the feedback received from the users of the reforms.
5.3.1.1. The 344-point Action Plan may be accessed from the BRAP Portal at the link:
https://eodb.dpiit.gov.in/PublicDoc/Download/30336. The BRAP 2024 include 19 regulatory
areas (including registrations and inspections) that are applicable to all States and Union
Territories. DPIIT has already received from each States/UTs, a database of users who have
availed the services of Governments of State/UT in the following format: -
Sl. Name of the Service Name Name Contact Contact Address Date of
No. Department Availed of the of the No. Email service
Firm Person availed (1st
February
2024 to
15th
September
2024)
5.3.1.2. The survey agency is expected to draw a random sample as given below from the
database provided by States/UTs against each of the reform points, for telephonic surveys
(including WhatsApp/ SMS/ Email based link) and Face to Face Interview.
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5.3.2. Sample Size
a) Category X-
• In case there are less than 15 users for a service, face to face interviews may be
conducted for all users.
b) Category Y-
The sample would be drawn from the user list submitted by States/ UTs on the BRAP
Portal for the period 1st February 2024 to 15th September 2024.
5.3.3. These feedback surveys will encompass list of questions that cover the following
business regulatory areas and sub-areas. The stakeholder group that will be appropriate for
capturing the user feedback may be categorized against business regulatory/sub-area.
Part -B
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7. Environment Registration Enablers New and Existing Units
i. Consent to Establish Water (Prevention and
Control of Pollution) Act, 1974 and Air
(Prevention and Control of Pollution) Act, 1981
ii. Consent to Operate Water (Prevention and
Control of Pollution) Act, 1974 and Air
(Prevention and Control of Pollution) Act, 1981
iii. Authorization under the Hazardous and Other
Wastes (Management and Transboundary
Movement) Rules, 2016
iv. Registration/ Renewal under The E-waste
(Management and Handling) Rules, 2011
(under chapter III)
v. Registration/ Renewal under Plastic Waste
(Management and Handling) Rules, 2011
vi. Authorization under Bio-Medical Waste
Management (Management and Handling)
Rules, 2016
vii. Authorization under Solid Waste Management
(processing, recycling, treatment and disposal
of solid waste) Rules, 2016
viii. Authorization under Construction and
Demolition Waste Management (Management
and Handling) Rules, 2016
ix. Registration for dealers under The Batteries
(Management & Handling) Rules, 2001
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ii. Obtaining Water Connection
5.4.1. The Survey Agency shall prepare the questionnaires to be used for all regulatory areas
that are to be studied in this assessment. Necessary technical details in development of the
questionnaires shall be provided by DPIIT.
5.4.2. The questions need to be formulated to have a binary Yes/No response, to allow for
minimal subjectivity in the response. The survey will capture the detailed appropriate reasons
from the user wherever the response is “No”.
5.4.3.1. Design an effective representative sample of firms in all State and UTs of India
for selected business reform areas: The State/UT governments shall provide total number
of users in the selected reforms areas. The agency is expected to use this data to develop an
effective representative sample of firms. The population information will be provided to the
selected agency to derive the sample. The Sample should be derived in accordance with
details given at section no.5.3.2.
5.4.3.2. Development of Questionnaires and their customization: The agency will prepare
the questionnaires and adapt questions based on local laws/ terminologies highlighted by each
State/UT and translate them into local languages. Surveyors should be equipped with
questionnaires designed in local languages and in English. The surveyor shall use the
language in which the respondent is most comfortable. Questionnaire will not be shared with
States/UTs before the feedback exercise.
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5.4.3.3. Conduct the survey in all States/UTs in India: The agency will be expected to
conduct completed interviews in the range of 1,00,440 (93 categories x 30 users x 36
States/UTs) to 1,33,920 (93 categories x 40 users x 36 States/UTs) covering all States and
Union Territories. The preferred methods for the survey are as below:
a.Telephonic Interview
Users will be contacted through telephonic call and a set of questions relating to the
services availed will be asked. Questionnaire will be designed in such a way where Users
will have to answer in Yes or No. The users shall be intimated that the calls will be
recorded for the purpose of the survey and confidentiality maintained.
The User database shared by States/ UTs with Phone number and/or email ID will be used by
DPIIT to send the link through WhatsApp/ SMS/ Email. A brief explanation will be given as to
why the survey is being done. Details of Users will be anonymous, and submissions will not be
shared with States/ UTs.
5.4.3.4. Submit Draft Reports on findings: The agency is required to submit a report
summarizing the findings, along with:
a. Raw data from the survey;
b. Tables summarizing the key data elicited from the survey, including
crosstabulation;
c. Analytical report elaborating the findings including the finalization of ranking;
d. A power point presentation of findings;
5.4.3.5. Final Report: The agency will submit a final report within a period of 2-3 months
from the data of award of work order, incorporating all feedback received from DPIIT. The
agency is expected to deploy its resources rapidly to complete the entire activities within a
period of 2-3 months from the data of award of work order. The agency is expected to
maintain the strictest levels of confidentiality and anonymity with regards to the respondent
base in undertaking this survey, given the sensitivity of this survey and its results.
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5.5 Key Activities and Deliverables
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II. Recording and storing of all completed call d) Quality review
records/ questionnaires in a manner which interventions
protects confidentiality undertaken
e) Submission of call
C. Quality Review: recordings
I. Conducting regular quality review including spot
checks - A minimum of 10-15% of total responses
II. Scheduling and attending validation
meetings/calls with DPIIT with the survey
respondents
III. III.Validate the completeness and logic of
completed questionnaires
Post A. Final Data: a) Tables tabulating
Survey Prepare the final transcribed data for all the the data for each
questionnaires across all states and categories question, as well as
descriptive
B. Quality Review statistics
Conducting Quality review of all the questionnaires b) All completed
to check the completeness and accuracy of survey
responses questionnaires
from the exercise
C. Key findings and Reports c) Details of quality
I. Identify key trends and findings including control
finalization of ranking interventions
II. Summarize reasons wherever the response is NO undertaken
for reform usage/awareness for all states and (including
categories validation calls) to
III. Prepare state-wise and category wise reports of ensure utmost
the feedback survey conducted quality
d) Summary report on
key findings
e) State wise and
category wise
detailed reports of
the survey
Note: Any data collected by the agency is the intellectual property of DPIIT. The agency should
ensure that the data is kept confidential and is not shared with anyone without the approval of
the DPIIT. The agency should implement adequate safeguards to ensure that quality data is
collected and will be responsible for shortcomings, if any.
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Section 6.Standard Form of Work Order
STANDARD FORM OF WORK ORDER FOR APPOINTMENT OF SURVEY AGENCY FOR
FEEDBACK SURVEY ON BUSINESS REFORMS ACTION PLAN, 2024.
Between
[DPIIT]
and
[Date]
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Form of Work Order
Work Order to undertake [name of assignment]
The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and
Industry, Government of India, Vanijya Bhavan, New Delhi-110001, India, hereinafter referred
to as the ―Client which expression unless repugnant to context or meaning thereof shall
include its successors, affiliates and assigns) has:
a) requested the Survey Agency to provide certain services as defined in the General
Conditions attached to this Work Order (hereinafter called the ―Services); and
b) the Survey Agency, having represented to the Client that they have the required
professional skills, personnel and technical resources, have agreed to provide the
services on the terms and conditions set forth in this assignment.
NOW THEREFORE the Client hereto hereby agrees as follows:
1. The following documents attached hereto shall be deemed to form an integral part of
this Work Order:
Appendix A: Terms of reference containing, inter-alia, the Description of the Services
and reporting requirements,
Appendix B: Cost Estimate
Appendix C: Copy of Bank Guarantee for Performance Security [in the format given in
Annexure A]
2. The mutual rights and obligations of the Client and the Survey Agency shall be as set
forth in the Work Order; in particular:
a) The Survey Agency shall carry out the Services in accordance with the
provisions of the Work Order; and
b) Client will make payments to the Survey Agency in accordance with the
provisions of the Work Order.
3.1.1Effectiveness of Work Order: This Work Order shall be effective from the date of issue by
the client or date of receipt of the Work Order by the Survey Agency.
3.1.3Expiration of Work Order: Unless terminated earlier pursuant to relevant clauses in this
Work Order hereof, this Work Order shall expire when Services have been completed
and all payments have been made at the end of such time period after the Effective
Date.
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3.1.4Modification: Modification of the terms and conditions of this Work Order, including any
modification of the scope of the Services or of the Work Order Price, may only be made
by written agreement between the Parties after due approval of DPIIT.
3.1.5Force Majeure
Neither party will be liable in respect of failure to fulfill its obligations, if the said failure
is entirely due to Acts of God, Governmental restrictions or instructions, natural
calamities or catastrophe, epidemics or disturbances in the country. 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 agents or employees, nor (ii) any event which a
diligent Party could reasonably have been expected both to take into account at the
time of being assigned the work, and avoid or overcome with utmost persistent effort in
the carrying out of its obligations hereunder.
A Party affected by an event of Force Majeure shall immediately notify the other Party
of such event, providing sufficient and satisfactory 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.
3.1.6No Breach of Work Order: The failure of a party to fulfill any of its obligations under the
Work Order shall not be considered to be a breach of, or default under this Work Order
insofar as such inability arises from an event of Force Majeure, provided that the Party
affected by such an event:
a) has taken all precautions, due care and reasonable alternative measures in
order to carry out the terms and conditions of this Work Order, and
b) has informed the other party as soon as possible about the occurrence of such
an event.
d) the manner in which the Force Majeure event(s) affects the Party’s obligation(s)
under the Work Order.
3.1.7Neither Party shall be able to suspend nor excuse the non- performance of its obligations
hereunder unless such Party has given the notice specified above.
3.1.8Extension of Time: Any period within which a Party shall, pursuant to this Work Order,
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.
3.1.9Payments: During the period of their inability to perform the Services as a result of an
event of Force Majeure, the Survey Agency shall be entitled to continue to be paid
under the terms of this Work Order, as well as to be reimbursed for additional costs
reasonably and necessarily incurred by them during such period for the purposes of
the services and in reactivating the services after the end of such period.
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3.2Termination
3.2.1Any side (Client or the Survey Agency) should be able to give notice of three (3) months
for the termination of Project. If the Agency decides to terminate the project, then the
client will forfeit the Performance Guarantee.
3.2.2By the client: The Client may terminate this Work Order, written notice of termination to
the Survey Agency, to be given after the occurrence of any of the events specified in
this clause:
a) if the Survey Agency do not remedy a failure in the performance of their obligations
under the Work Order, within a period of seven (7) days, after being notified or within
such further period as the Client may have subsequently approved in writing;
b) within fifteen (15) days, if the Survey Agency become insolvent or bankrupt;
c) if, as the result of Force Majeure, the Survey Agency are unable to perform a material
portion of the Services for a period of not less than fifteen (15) days;
d) within fifteen (15) days, if the Survey Agency fails to comply with any final decision
reached as a result of arbitration proceedings pursuant to relevant clauses hereof;
e) within seven (7) days, if the Survey Agency submits to the Client a false statement
which has a material effect on the rights, obligations or interests of the Client. If the
Survey Agency places itself in position of conflict of interest or fails to disclose
promptly any conflict of interest to the Client;
f) within seven (7) days, if the Survey Agency, in the judgment of the Client has engaged
in Corrupt or Fraudulent Practices in competing for or in executing the Work Order;
g) if the Client, in its sole discretion and for any reason whatsoever, within a period of
fifteen (15) days decides to terminate this Work Order.
3.2.3Payment upon termination: Upon termination of this Work Order, the Client will make the
following payments to the Survey Agency:
b) If the Work Order is terminated pursuant to Clause 3.2.2 a), b), d), e) or f), the
Survey Agency shall not be entitled to receive any agreed payments upon termination
of the Work Order. However, the Client may consider to make payment for the part
satisfactorily performed on the basis of the quantum merit as assessed by it, in its sole
discretion, if such part is of economic utility to the Client. Under such circumstances,
upon termination, the Client may also impose liquidated damages as per the provisions
of relevant clauses of this Work Order. The Survey Agency will be required to pay any
such liquidated damages to Client within 30 days of termination date.
3.2.4Disputes about Events of Termination: If either Party disputes Termination of the Work
Order under relevant clauses hereof, such Party may, within forty-five (45) days after
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receipt of notice of termination from the other Party, refer the matter to arbitration under
relevant clauses hereof, and this Work Order shall not be terminated on account of such
event except in accordance with the terms of any resulting arbitral award.
3.3Intellectual Property
3.3.3On termination or completion: Not more than five (5) Business Days following the date
of termination of this Agreement (for whatever reason) or completion of the Consultancy
Services, the Survey Agency will deliver to the Client all information (including
information that is in electronic form), Confidential Information, intellectual property,
working papers, reports or other papers that are the property of the Client.
3.4.1General: The Survey Agency shall perform the Services and carry out their obligations
hereunder with all due diligence, efficiency and economy, in accordance with generally
accepted professional techniques and practices, and shall observe sound management
practices, and employ appropriate advanced technology and safe methods. The Survey
Agency shall always act, in respect of any matter relating to this Work Order or to the
Services, as faithful advisers to the Client, and shall at all times support and safeguard
the Client’s legitimate interests in any dealings with Sub- Survey Agencies or third
parties.
3.4.2Conflict of interest: Prohibition of Conflicting Activities: Neither the Survey Agency nor
their Sub-Survey Agencies nor the Personnel shall engage, either directly or indirectly,
in any of the following activities:
a) during the term of this Work Order, any business or professional activities which
would conflict with the activities assigned to them under this Work Order; and
b) after the termination of this Contact, such other activities as may be specified in
the SC.
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c) during the term of this Work Order, the team members allotted by the Consulting
Agency to this project may not work with any other State/UT on BRAP survey related
activities.
3.4.3Confidentiality: The Survey Agency, their Sub-consultants, and the Personnel of either
of them shall not, either during the term or after the expiration of this Work Order,
disclose any proprietary or confidential information relating to the Project, the Services,
this Contact or the Client’s business or operations without the prior written consent of
the Client.
3.4.4Documents Prepared by the Survey Agency to be the Property of the Client: All designs,
reports, other documents and software submitted by the Survey Agency pursuant to this
Work Order shall become and remain the property of the Client, and the Survey Agency
shall, not later than upon termination or expiration of this Work Order, deliver all such
documents and software to the Client, together with a detailed inventory thereof. The
Survey Agency may retain a copy of such documents and software. Restrictions about
the future use of these documents and software, if any, shall be specified in the SC.
3.4.5Liability of the Survey Agency: Subject to additional provisions, if any, in this Work Order
the Survey Agency’s liability under this Work Order shall be as provided by the
Applicable Law.
3.4.6Professional Liability Insurance: Survey Agency will maintain at its expense, Professional
Liability Insurance including coverage for errors and omissions caused by Survey
Agency’s negligence, breach in the performance of its duties under this Work Order from
an Insurance Company permitted to offer such policies in India, for a period of one year
beyond completion of Services commencing from the Effective Date, (i) For an amount
not exceeding one time the total payments for Professional Fees made or expected to
be made to the Survey Agency hereunder or (ii) the proceeds, the Survey Agency may
be entitled to receive from any insurance maintained by the Survey Agency to cover
such a liability, whichever of (i) or (ii) is higher with a minimum coverage of [insert
amount and currency].
3.5.1Assistance and Exemptions: The Client will use its best efforts to ensure that the
Government will provide the Survey Agency with work permits and such other
documents as necessary to enable the Survey Agency to perform the Services:
3.5.2issue 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;
Milestone Payment
Advance during grant of work order 20%
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Successful Completion of Pre-Survey Deliverables 30%
Successful Completion of all the Deliverables and acceptance 50%
of the Surveyor’s Report by the Department
3.6.2The Agency will submit pre-receipted invoices in triplicate, complete in all aspects, for
necessary settlement. Payment would be released subject to satisfactory completion of
the assigned work. The invoices should be submitted along with complete details of the
work undertaken, supporting documents and bills (if required) as well as copies of the
work/ material / produced.
3.6.3The final payment shall be released only after successful completion of the required work
detailed in the RFP Document.
3.6.5For facilitating Electronic transfer for funds the selected agency will be required to
indicate the name of the Bank and Branch, account number (i.e. bank names, IFSC
Code and Bank A/c No.) and also forward a cheque leaf duly cancelled to verify the
details furnished. These details should also be furnished on the body of every bill
submitted for payments by the selected agency.
3.6.7Payment for Additional Services: For the purpose of determining the remuneration due
for additional services as may be agreed under relevant clauses for modification in this
Work Order.
3.7Settlement of disputes
3.7.1Amicable Settlement: The Parties shall use their best efforts to settle amicably all disputes
arising out of or in connection with this Work order or its interpretation.
3.7.2Disputes Settlement: Any dispute between the Parties as to matters arising out of and
relating to this Work Order that cannot be settled amicably within thirty (30) days after
receipt by one Party of the other Party’s request for such amicable settlement may be
submitted by either Party for settlement in accordance with the provision specified in the
Special Conditions (SC) of Contract or all disputes shall be finally settled by Secretary
DPIIT.
3.7.3Any grievance regarding penalty shall be first decided/resolved at JS level and with final
decision of Secretary DPIIT, whose decision shall be final.
3.8.1General
The Survey Agency shall be responsible for accuracy of the estimate and all other
details prepared by him as part of these services. The Survey Agency shall indemnify
the client against any inaccuracy in the work, which might surface during
implementation of the project.
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3.9Liquidated damages
3.9.1If the selected Survey Agency fails to complete the Assignment, within the period
specified under the Work Order, the Performance Guarantee is liable to be forfeited in
full or part in case of underperformance and undue delays in performance by the
agency, besides other action, including blacklisting of the agency as may be deemed fit
by the Client. In case of part forfeiture of Performance Guarantee and if the agency
proceeds to complete the assignment, the Performance Guarantee will need to be
buffered and restored to the original value.
4.Miscellaneous
4.1.1The Work Order shall not be assigned by the Survey Agency save and except with prior
consent in writing of the Client, which the Client will be entitled to decline without
assigning any reason whatsoever.
4.1.2The Client is entitled to assign any rights, interests and obligations under this Work Order
to third parties.
4.1.3Indemnity: The Survey Agency agrees to indemnify and hold harmless the Client from
and against any and all claims, actions, proceedings, lawsuits, demands, losses,
liabilities, damages, fines or expenses (including interest, penalties, attorneys’ fees and
other costs of defence or investigation (i) related to or arising out of, whether directly or
indirectly, (a) the breach by the Survey Agency of any obligations specified in relevant
clauses hereof; (b) the alleged negligent, reckless or otherwise wrongful act or omission
of the Survey Agency including professional negligence or misconduct of any nature
whatsoever in relation to Services rendered to the Client; (c) any Services related to or
rendered pursuant to the Work Order (collectively ―Indemnified matter). As soon as
reasonably practicable after the receipt by the Client of a notice of the commencement
of any action by a third party, the Client will notify the Survey Agency of the
commencement thereof; provided, however, that the omission so to notify shall not
relieve the Survey Agency from any liability which it may have to the Client or the third
party. The obligations to indemnify and hold harmless, or to contribute, with respect to
losses, claims, actions, damages and liabilities relating to the Indemnified Matter shall
survive until all claims for indemnification and/or contribution asserted shall survive and
until their final resolution thereof. The foregoing provisions are in addition to any rights
which the Client may have at common law, in equity or otherwise.
4.1.4Notices: Unless otherwise stated, notices to be given under the Work Order including
but not limited to a notice of waiver of any term, breach of any term of the Work Order
and termination of the Work Order, shall be in writing and shall be given by hand
delivery, recognized international courier, mail, telex or facsimile transmission and
delivered or transmitted to the Parties at their respective addresses specified in the SC.
The notices shall be deemed to have been made or delivered (i) in the case of any
communication made by letter, when delivered by hand, by recognized international
courier or by mail (registered, return receipt requested) at that address and (ii) in the
case of any communication made by telex or facsimile, when transmitted properly
addressed to such telex number or facsimile number.
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4.1.5Severability: If for any reason what so ever any provision of the Work Order is or
becomes invalid, illegal or unenforceable or is declared by any court of competent
jurisdiction or any other instrumentality to be invalid, illegal or unenforceable, the validity,
legality or enforceability of the remaining provisions shall not be affected in any manner,
and the Parties will negotiate in good faith with a view to agreeing upon one or more
provisions which may be substituted for such invalid, unenforceable or illegal provisions,
as nearly as is practicable. Provided failure to agree upon any such provisions shall not
be subject to dispute resolution under the Work Order or otherwise.
4.1.7Performance security:
4.1.7.1The Survey Agency shall prior to the Effective Date and as a condition precedent
to its entitlement to payment under this Work Order, provide to the Client a legal,
valid and enforceable Performance Security in the form of an unconditional and
irrevocable bank guarantee as security for the performance by the Survey
Agency of its obligations under this Work Order, in the form set out in this Work
Order, in an amount equal 3 (Three) percent of the total cost of Financial
Proposal under this Assignment. Further, in the event the term of this Work
Order is extended, the Survey Agency shall at least fifteen (15) days prior to the
commencement of every Subsequent Year or at least thirty (30) days prior to
the date of expiry of the then existing bank guarantee, whichever is earlier,
provide an unconditional and irrevocable bank guarantee as Performance
Security for an amount equivalent to 3 (Three) percent of the total cost of
Financial Proposal under this Assignment.
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Performance Security, the Client shall be entitled to draw the full amount of the
bank guarantee then available for drawing and retain the same by way of
security for the performance by the Survey Agency of its obligations under this
Work Order until such time as the Client shall receive such an extended/
replacement Performance Security whereupon, subject to the terms of this Work
Order, the Client will refund to the Survey Agency the full amount of the bank
guarantee, unless the Client has drawn upon the Performance Security in
accordance with the provisions of this Work Order, in which case only the
balance amount remaining will be returned to the Survey Agency; provided that
the Client will not be liable to pay any interest on such balance. The Client will
return the bank guarantee provided as Performance Security to the issuer
thereof for cancellation promptly upon receipt of any extension/ replacement
thereof. Subject to satisfactory completion of all deliverables under this Work
Order, the Performance Security will, subject to any drawdowns by the Client in
accordance with the provisions hereof, be released by the Client within a period
of 60 (Sixty) Days from the date of completion of the services.
4.1.8Penalty
4.1.8.1Penalty: The agency has to provide services as per the requirements of the
RFP. In case the services rendered are not as per the requirement/satisfaction
of the Department, the agency will have to come up with a solution within a
given timeframe failing which an amount of upto 5% will be deducted from the
amount payable for the invoice/milestone under consideration. The other form
of penalty not mentioned in the RFP including forfeiture of Performance
Guarantee will be decided by the appropriate authority in DPIIT, on case-to
case basis.
5.The Client shall have the right to claim under the Performance Security and appropriate the
proceeds if any of the following occur:
*All conditions of RFP shall be considered as integral part of this Work Order.
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Annexure A: Form of Bank Guarantee for Performance Security
(To be stamped in accordance with Stamp Act if any, of the country for issuing bank) Ref.:
Bank Guarantee:
Date:
Sir,
In consideration of Department for Promotion of Industry and Internal Trade, Ministry of
Commerce and Industry, Government of India (hereinafter referred as the ‗Client‗, which
expression shall, unless repugnant to the context of meaning thereof include its successors,
administrators and assigns) having awarded to M/s [name of Survey Agency] a [type of
company], established under laws of [country] and having its registered office at [address]
(hereinafter referred to as the ‗Survey Agency which expression shall unless repugnant to the
context or meaning thereof, include its successors, administrators, executors and permitted
assigns), an Assignment for preparation of [name of assignment] Work Order by issue of
Client’s Work Order Letter of Award No. [reference] dated [date] and the same having been
unequivocally accepted by the Survey Agency, resulting in a Work Order valued at Rs. [amount
in figures and words] for (Scope of Work) (hereinafter called the ‗Work Order‗) and the Survey
Agency having agreed to furnish a Bank Guarantee amounting to Rs. [amount in figures and
words] to the Client for performance of the said Agreement.
We [Name of Bank] incorporated under [law and country] having its Head Office at
[address](hereinafter referred to as the Bank), which expression shall, unless repugnant to the
context or meaning thereof, include its successors, administrators executors and assigns) do
hereby guarantee and undertake to pay the Client immediately on demand an or, all monies
payable by the Survey Agency to the extent of Rs. [amount in figure and words] as aforesaid
at any time up to [date] without any demur, reservation, contest, recourse or protest and/ or
without any reference to the Survey Agency. Any such demand made by the Client on the Bank
shall be conclusive and binding notwithstanding any difference between the Client and the
Survey Agency or any dispute pending before any Court, Tribunal, Arbitrator or any other
authority.
We agree that the Guarantee herein contained shall be irrevocable and shall continue to be
enforceable until the Client discharges this guarantee.
The Client shall have the fullest liberty without affecting in any way the liability of the Bank
under this Guarantee, from time to time to vary the advance or to extend the time for
performance of the Work Order by the Survey Agency nor shall the responsibility of the bank
be affected by any variations in the terms and conditions of the Work Order or other documents.
The Client shall have the fullest liberty without affecting this guarantee, to postpone from time
to time the exercise of any powers vested in them or of any right which they might have against
the Client and to exercise the same at any time in any manner, and either to enforce or to
forbear to enforce any covenants, contained or implied, in the Work Order between the Client
and the Survey Agency any other course or remedy or security available to the client. The Bank
shall not be relieved of its obligations under these presents by any exercise by the Client of its
liberty with reference to the matters aforesaid or any of them or by reason of any other act or
forbearance or other acts of omission or commission on the part of the Client or any other
indulgence shown by the Client or by any other matter or thing whatsoever which under law
would but for this provision have the effect of relieving the Bank.
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The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the
Survey Agency and notwithstanding any security or other guarantee that the client may have
in relation to the Survey Agencies liabilities.
This Guarantee shall be irrevocable and shall remain in full force and effect until discharge by
the Bank of all its obligations hereunder.
This Guarantee shall not be affected by any change in the constitution or winding up of the
Survey Agency/the Bank or any absorption, merger or amalgamation of the Survey Agency/the
bank with any other Person.
Notwithstanding anything contained herein above our liability under this guarantee is limited to
Rs. [amount in figure and words] and it shall remain in force up to and including [date] and shall
extend from time to time for such period(s) (not exceeding one year), as may be desired by
M/s [name of Survey Agency] on whose behalf this guarantee has been given. Date this [date
in words] day [month] of [year in ‗yyyy‗ format] at [place].
WITNESS
1. [signature, name and address]
2. [signature, name and address]
The stamp papers of appropriate value shall be purchased in the name of bank which issues
the “Bank Guarantee”. The bank guarantee shall be issued either by a bank
(Nationalized/Scheduled) located in India or a foreign bank through a correspondent bank
(scheduled) located in India or directly by a foreign bank which has been determined in
advance to be acceptable to the Client.
*****
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