1 Expression of interest (EoI)
cum
Request for Proposal (RFP) For
Selection of Project management Consulting Agency for providing Project
Management Consulting support services to Rajasthan Skill and Livelihoods
Development Corporation (RSLDC)
RFP No: RSLDC/PMC/RFP-I/2015-16
Dated: 31/07/2015
Name of the Client
Rajasthan Skill and Livelihoods Development Corporation (RSLDC)
EMI Campus, J-8A, Jhalana Institutional Area, Jaipur- 302004
Date of Issue
31/07/2015
Start Date & Time of Bid Submission
04/08/2015 at 11:00 AM
Date & Time of Pre-bid meeting17/08/2015 at 3:00 PM
Last Date & Time of Submission of Bid02/09/2015 upto 05:00 PM
Date & Time of Opening of TechnicalBid
03/09/2015 at 3:00 PM
Validity of bid
180 days from the date of opening of Tender
Cost of Tender/Bid Document: Rs. 5000/- (Rupees Five Thousand Only)
E-Tendering processing fees : Rs1000 (Rupees One thousand Only)
Bid Document may be downloaded from
www.rajasthanlivelihoods.org
/
2
Table of Contents
S. No. Particulars Page No. Disclaimer 3Notice Inviting Tender/NIT 4-5
General Instruction for Filling of Bid 6
Letter for EOI cum RFP 7-10
Section 1 Letter of Invitation 11
Section 2 Instruction to Consultants and Data Sheet A. General Provisions
B. Preparation of Proposals
C. Submission, Opening and Evaluation D. Negotiations and awards
E. Performance Security, Penalty and Liquidity Damages F. Project Deliverables and Payment Terms & Schedule G. Terms and Conditions of the Tender
H. Data Sheet
12-47
Section 3 Technical Proposal-Standard Forms A. Form Tech -1
B. Form Tech-2 C. Form Tech-3
48-53
Section 4 Financial Proposal Standard Form
A. Form Fin 1 Financial Proposal Submission Form B. Form Fin 2 Summary of cost
54-57
Section 5 Terms of Reference (TOR) 58-66
Annexure 1 67-68 Annexure 2 69-74 Annexure 3 75-76 Annexure 4 77-79 Annexure 5 80 Annexure 6 81 Annexure 7 82 Annexure 8 83
3
Disclaimer
The information contained in this Expression of Interest cum Request for Proposal document (“EoI
cum RFP”) or subsequently provided to Bidders, whether verbally or in documentary or any other
form by or on behalf of the authority or any of its employees or advisers, is provided to Bidders on
the terms and conditions set out in this EoI cum RFP and such other terms and conditions subject to
which such information is provided.
The EoI cum RFP is not an agreement or any offer by the authority to the prospective Bidders or
any person. The purpose of this EoI cum RFP is to provide interested parties with information that
may be useful to them in the formulation of their Bids pursuant to this EoI cum RFP. This EoI cum
RFP includes statements, which reflect various assumptions and assessments arrived at by the
authority in relation to the work. Such assumptions, assessment and statements do not purport to
contain all the information that each Bidder may require. This EoI cum RFP may not be
appropriate for all persons, and it is not possible for the Authority, its employees or advisers to
consider the objectives, technical expertise and particular needs of each party who reads or uses
this EoI cum RFP. The assumptions, assessments, statements and information contained in this EOI
cum RFP, may not be complete, accurate, adequate or correct. Each Bidder should, therefore,
conduct its own investigation and analysis and should check the accuracy, adequacy, correctness,
reliability and completeness of the assumptions, assessments, statements and information contained
in this EoI cum RFP and obtain independent advice from the appropriate sources.
The Authority, its employees and advisers make no representation or warranty and shall have no
liability to any person including any Bidder under any law, statute, rules or regulations or tort,
principles of restitution or unjust enrichment or otherwise for any laws, damages, cost or expenses
which may arise from or be incurred or suffered on account of anything contained in this EoI cum
RFP or otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the
EoI cum RFP and any assessment, assumptions, statements or information contained therein or
deemed to form part of this EoI cum RFP or arising in any way in this Selection Process.
The authority also accepts no liability of any nature whether resulting from negligence or otherwise
however caused arising from reliance of any Bidder upon the statements contained in this EoI cum
RFP. The authority may in its absolute discretion, but without being under any obligation to do so,
update, amend or supplement the information, assessment or assumptions contained in this EoI
cum RFP. The issue of this EoI cum RFP does not imply that the authority is bound to select a
Bidder or to appoint Selected Bidder, as the case, may be, for the work and the authority reserves
the right to reject all or any of the Bids without assigning any reasons whatsoever.
The Bidders shall bear it costs associated with or relating to the preparation and submission of its
Bid including but not limited to preparation, copying, postage, delivery fees, expenses associated
with any demonstrations or presentations which may be required by the Authority or any other
costs incurred in connection with or relating to its Bid. All such costs and expenses will remain
with the Bidder and the Authority shall not be liable in any manner whatsoever for the same or for
any other costs or other expenses incurred by a Bidder in preparation or submission of the Bid,
regardless of the conduct or outcome of the Selection Process.
4
NOTICE INVITING TENDER – NIT/NIB
Notice Inviting Tender/Bid for Selection of a Competent and Qualified Consulting Agency for
providing Project Management Consulting and support services to Rajasthan Skill and
Livelihoods Development Corporation (RSLDC). The tender/Bid shall only be submitted through
online tendering system on
www. [email protected].
The schedule of dates is follows:
The schedule of dates is mentioned below:
Nature of Project
Selection of a Competent and Qualified Consulting
Agency for providing Project Management Consulting
and support services to Rajasthan Skill and Livelihoods
Development Corporation (RSLDC)
Cost of Tender/Bid Document
(Non refundable)
Rs. 5,000/- (Rupees Five Thousand Only)
Tender Processing Fees (Non
refundable)
Rs. 1000/- (Rupees One Thousand Only)
Estimated Project Cost
INR 22 Crore (Rs. Twenty Two Crore) for 2 years
Earnest Money Deposit (EMD)
INR 44 lakhs (Rs. Forty Four lakhs)}
Publishing Date and Time for EoI
cum
RFP
03/08/2015 at 11.00 AM
Document Download Start Date
and Time
03/08/2015 at 11.00 AM
Date, Time & Venue of Pre-Bid
Meeting
17/08/2015 at 3:00 PM (Conference Hall, RSLDC)
Bid submission Start Date and Time 04/08/2015 at 11.00 AM
Document Download End
Date/Time
02/09 /2015 at 05:00 PM
Bid Submission End Date & Time
02/09/2015 up to 05:00 PM
Last date of Submission of Banker's
Chaque/Demand Draft for Tender
Fee, EMD, and Processing Fee*
Up to 02/09/2015 at 06:00 PM
Technical Bid Opening Date, Time
and Venue
03/09/2015 at 3:00 PM online Conference Hall,
RSLDC
Financial bids Opening Date & Time
Will be intimated later to the Technically qualified
Bidders
Websites for downloading Tender
Document, Corrigendum's
Addendums etc.
www.rajasthanlivelihoods.org
/
www.sppp.rajasthan.gov.in/
http://eproc.rajasthan.gov.in
Validity of bids
180 days from the date of submission
5
* In case, any of the bidders, fails to physically submit the Banker's Cheque/Demand Draft
for Tender/Bid Document Fee, EMD & Processing Fee, up to 06.PM on dated
02/09/2015 to the RAJASTHAN SKILL AND LIVELIHOODS DEVELOPMENT CORPORATION,
JAIPUR its Bid shall not be accepted. The Banker's Cheque/Demand Draft should be
drawn in favor of RAJASTHAN SKILL AND LIVELIHOODS DEVELOPMENT CORPORATION
payable at Jaipur for EMD and Tender/Bid document fee. The amount of processing fee
payable should be drawn in favor of Managing Director, Raj-Comp Info Services Limited,
Jaipur, payable at Jaipur.
Managing Director
(RSLDC)
6
General Instruction for Filling of Bid
1. The complete bidding document has been published on the website www.rajasthanlivelihoods.org/www.sppp.rajasthan.gov.in & http://eproc.rajasthan.gov.in, for the purpose of downloading.
2. Bidders who wish to participate in this bidding process must register on http://eproc.rajasthan.gov.in
3. To participate in online bidding process, Bidders must procure a Digital Signature Certificate (Type III) as per Information Technology Act-2000 using which they can digitally sign their electronic bids. Bidders can procure the same from any CCA approved certifying agency, i.e. TCS, safecrypt, Ncode etc. Bidders who already have a valid Digital Signature Certificate (DSC) need not procure a new DSC.
4. A Two-stage selection procedure shall be adopted.
5. Bidder (authorized signatory) shall submit their offer on-line in Electronic formats both for Technical and financial proposal on eProc website http://eproc.rajasthan.gov.in. However, DD for Tender/Bid Document Fees, EMD payable in favor of RAJASTHAN SKILL AND LIVELIHOODS DEVELOPMENT CORPORATION, payable at Jaipur and Processing Fees payable in favor of Managing Director, RAJCOMP Info Services Limited, payable at JAIPUR. Tender/Bid Document fee, EMD and processing fee DD Should be submitted physically at the office of RAJASTHAN SKILL AND LIVELIHOODS DEVELOPMENT CORPORATION, Jaipur and Scanned copy of same should also be uploaded along with the technical bid/ cover.
6. RAJASTHAN SKILL AND LIVELIHOODS DEVELOPMENT CORPORATION, JAIPUR will not be responsible for delay in online submission due to any reason. For this, bidders are requested to upload on eProc website http://eproc.rajasthan.gov.in. the complete bid well advance in time so as to avoid Last hour rush issues like slow speed; choking of web site due to heavy load or any other unforeseen problems.
7. Bidders are also advised to refer “Bidders Manual Kit” available at eProc website for further details about the e-tendering process.
8. Please note that a pre-bid meeting of prospective bidders, who have purchased the tender/ bidding document, is scheduled as per the details specified in Notice Inviting Bid (NIB). The objective of this meeting is to address the queries of the prospective bidders related to the Project/ Bidding document.
9. No contractual obligation whatsoever shall arise from the RFP/ bidding process unless and until a formal contract is signed and executed between the tendering authority and the successful Bidder. 10. Training for the bidder on the usage of e-Tendering system (e-Procurement) is also being arranged by RISL on regular basis. Bidder interested for training may contact e-Procurement Cell RISL for booking the Training slot.
a) Contact No. 0141-4022688/Helpline Toll Free no. 1800-3070-2273 (Help desk 10 am to 6 pm on all working days)
b) E-mail: [email protected]
Letter for Expression of Interest cum Request for Proposal
Dear Sir/Madam,
1. Letters for Expression of interest cum Request for Proposal are invited from qualified and experienced consulting firms who wish to undertake Consultancy services for “Project Management Support” to Rajasthan Skill and Livelihoods Development Corporation (RSLDC), a Government of Rajasthan initiative.
2. Background: Rajasthan Skill and Livelihoods Development Corporation- RSLDC is an initiative by the Government of Rajasthan to cater to the challenges of creating a large number of Skill development and livelihood opportunities for the poor, increasing skilled labour force and to increase the income levels of working poor in the State. RSLDC designs and implements the appropriate livelihoods strategies for the poor and the vulnerable. The areas of operations include:
Build and disseminate knowledge
Skill Enhancement
Policy Reform and advocacy
Capacity Building of organizations
Designing livelihood promotion strategies
Implementing Pilots
Executing various skill development programmes/schemes of Government
Innovations in the field of skill & Entrepreneurship Development
Function as state TSA in DDU-GKY Project.
RSLDC intends to apply a portion of the total budget allocated for this mandate to finance the above Consultancy Services.
3. Objectives: The objectives of the Consultancy Services which will be carried out are:
To provide certain defined services to RSLDC for carrying out program implementation and technical/managerial assistance for implementation of the Skill Development initiatives in Rajasthan.
4. The expected deliverables/results of the consultancy services are:
Providing services through qualified manpower for RSLDC – The Project Management Support
Agency/Project Management Consultancy Agency (PMSA/PMCA), now called as “Agency‟ will be
responsible for providing high quality services to RSLDC through deployment of qualified manpower (refer Annex I for description of services). The manpower will be deployed as indicated in the EOI cum RFP document. This dedicated team of experts/professionals would be recruited from both the open market on direct contract basis or on agency’s pay roll. In case, candidates do not turn up for joining after selection, it will not be considered as completed task on behalf of the ‘Agency’.
RSLDC‟s overall program- the ‘Agency’ will be responsible for overall program management of skilling initiatives of RSLDC in the state and enabling effective implementation at every district level. The agency would be mandated with the end-to-end solutions for staffing, planning and management, monitoring and reporting; essentially as an effective project management unit.
ii. Technical Support Agency: RSLDC has been nominated nodal agency by Govt. of Rajasthan for
providing skill training for various departments of State and Central sponsored schemes running in state e.g. DDU-GKY scheme of MoRD, GoI. The agency shall also be responsible to work as a Technical Service Agency for monitoring, evaluating and implementing the project as per the requirement. The agency will also be responsible to provide complete TSA support services to RSLDC.
iii. Procurement support services: For RSLDC’s procurements, the ‘Agency’ will carry out procurement functions including release of advertisements, tender notices, tender proposal, preparation for different work services, expressions of interest, press releases, etc. as required and approved by the RSLDC, and provide administrative support as needed for organizing pre-bid meetings, pre-bid openings, etc. The Agency will provide administrative assistance in procurement related activities and record maintenance as and when needed.
iv. Financial management support services: The Agency will provide back-end support to RSLDC
to maintain records of expenditures incurred for the services along with the supporting documents, track expenditure by activity heads, etc. The ‘Agency’ will help in preparing statements of expenditures (SOE), compiling and preparing consolidated progress reports for the office related expenditure, CA report, Bank Reconciliation, maintenance of accounts books and records, manual/Computer based, etc.
v. Travel and logistic: It is envisaged that positioned manpower will be undertaking considerable
amount of official travel outside their base station (Jaipur & Other District based/region based positions). Therefore, provision of travel and logistic services to them is a key requirement and the coordination for travel booking and other logistic support will be arranged by the Agency. The ‘Agency’ will propose norms and systems applicable to the positioned manpower that will be followed for undertaking all travel and related services. The norms for reimbursement of the travel cost would be decided by RSLDC. The travel undertaken by the deployed manpower would be based on the requirements of the RSLDC. The Agency will also provide within city taxi/travel services for local transport by the positioned manpower.
vi. Management Agency’s Annual Plan of Operation: The Agency’s support team for RSLDC
will have to be placed; Agency’s annual operational plan with quarterly activity and cost estimates will be prepared jointly with RSLDC and approved by the Managing Director-RSLDC.
vii. Monthly Reporting: Monthly progress report to include: (a) inventory report of office goods and
equipment procured, submitted and payments reimbursed. (b) Outputs of HR selection and recruitment against agreed plans. (c) Outputs on HR Administration against agreed plans. (d) Outputs related to procurement support services rendered to RSLDC (e) Consolidated progress reports on expenditure and analytical reports (f) Report on consolidated services user’s feedback on office facilities. (g) Report on expenditure along with cost estimates analysis (variance analysis, etc.)
viii. MIS management training and support & maintenance:
The Agency will help and support in data preparation and migration, training, annual maintenance & support, facility management services etc. related to RSLDC’s MIS/Skill Development Management System/LMIS.
ix. Providing quality services by deploying adequate and qualified manpower for RSLDC- The agency will be responsible for providing high quality services to RSLDC by deploying qualified manpower. (Refer Annex I)
x. Statutory Compliances:- RSLDC, being a govt. company, needs to comply with various laws, rules, etc. in addition to general company law, HR and Finance manual etc. The agency shall provide technical/managerial assistance for the same.
The agency will also work as the Knowledge Partner of RSLDC with certain defined roles to play as specified in the TOR.
5. The consultants who are interested in being considered for this assignment should fulfill the following criteria:
(i) Mandatory:
The Agency must be incorporated & registered in India, under the Indian Companies Act or the Limited
Liability Partnership Act and should be in operations in India for minimum of 3 years.
The Agency shall not be blacklisted/debarred by any Central/State Government (Central/State
Government and Public Sector) or under a declaration of ineligibility for corrupt or fraudulent practices.
The aggregate of the net profit of the agency during last three Financial years (12-13, 13-14, &
14-15) should be positive as revealed by audited balance sheet.
The agency should have helped in setting up Program Management Systems in at least 2 large
scale projects of minimum INR 10 crore in the last three years (These may be projects with government. Both completed and ongoing projects shall be considered, if the value of services contract is ≥ Rs. 10 crores.) for National/ State level government programmes. The 10 crore amount shall be the value of consultancy services only. Contracts of the nature of pure HR supply shall not be considered as valid experience for the purpose.
Should have minimum annual average turnover of Rs. 50 crore or above for the last three financial years
from Consulting and HR Business. This must be the individual Company’s turnover for program management of relevant projects and not that of group of Companies.
The bidder should be engaged in large scale state/central government skill development
programmes in last two years (net programme budget of INR 5.00 crore)
The responding Company must have on its rolls consulting staff of at least 100 technically qualified
personnel in the area of consulting services for Program / Project Management, HR management, Financial Management, Capacity Building, Security and IT procurement and who possess relevant degrees/credentials with prior experience in providing the above consultancy services. as on March 31, 2015
(ii) The existing Training Partners/PIA of RSLDC can participate in the bid process with a condition that they will cease to be TP or PIA, if selected as consultant.
(iii) The Bidder who shall participate in this procurement process have to submit a declaration in the format available at annexure 6. This is in compliance of section 7 of RTPP act 2012.
6. The TOTAL duration of the Consultancy Services will be TWO years, and it will begin in ……., 2015.
Depending on annual performance review of the selected agency, and available budget, the contract can be extended further for another two years with mutual agreement.
7. The Agency may associate with other Service Providers to complement their respective areas of qualifications/expertise, such that the agency can deliver better management support to RSLDC.
8. Agency or associations of agencies, who are interested in being considered for the assignment, should submit information in the format indicated in the document.
9. Criteria for Evaluation of EOI:
Only those agencies need to apply which fulfill all the eligibility criteria mentioned in the EoI cum RFP document.
Expression of Interest (EoI) cum Request for Proposal (RFP)
Assignment Title: Project Management Consulting and support services to Rajasthan Skill
and Livelihoods Development Corporation (RSLDC)
Date of issue: 31/07/2015
Due Date of Submission: 02/09/2015 up to 05:00PM
Dear Sir/ Madam,
The Rajasthan Skill and Livelihoods Development Corporation (RSLDC) intends to enter into
an arrangement for the provision of services outlined in the Terms of Reference (ToR)
through a competitive bidding process. In this respect, RSLDC would like to invite your
organization to submit a technical and financial proposal as outlined in this EoI cum RFP.
The proposal (technical and financial) should be submitted on eProc website
http://eproc.rajasthan.gov.inonline latest by the date and time mentioned in NIT/NIB. Any
proposal received after the stipulated date and time shall not be considered.
Yours sincerely,
Managing Director,
RSLDC
11
Preface
This Expression of Interest (EOI) cum Request for Proposals (RFP) has been prepared by
the RSLDC and is in line with the Terms of Reference (TOR) attached herewith.
Section 1. Letter of Invitation
RFP No: RSLDC/PMC/RFP-I/2015-16Jaipur, 31/07/2015
[insert:
Name and Address of Consultant. In case of a consortium the names of each member as
submitted in Expression of Interest cum Request for Proposal shall be used
Dear Mr./Ms.:
1.
RSLDC invites proposals to provide the following consulting and support services
(hereinafter called “Services”):
Project Management Support to Rajasthan Skill and
Livelihoods Development Corporation (RSLDC).
More details on the Services are
provided in the TOR.
2.
It is not permissible to transfer this invitation to any other firm.
3.
A firm will be selected under Least Cost Based selection method and procedures in a Full
Technical Proposal (FTP) format as described in this EoI cum RFP.
4.
The EoI cum RFP includes the following documents:
Section 1 - Letter of Invitation
Section 2 - Instructions to Consultants and Data Sheet
Section 3 - Technical Proposal FTP - Standard Forms
Section 4 - Financial Proposal - Standard Forms
Section 5 - Terms of Reference
Annexure: 1, 2, 3, 4, 5, 6,
7, 8
5.
Please inform in writing to:
Managing Director
Rajasthan Skill and Livelihoods Development Corporation (RSLDC)
EMI Campus, J-8-A, Jhalana Institutional Area,
Jaipur - 302 004
Rajasthan
Or
By Fax:
[0141-
5103246
]
, or by E-mail
[[email protected]
or
[email protected]]:
Yours sincerely,
Managing Director, RSLDC
Tel (0141) -5103246/47
12
Section 2. Instructions to Consultants and Data Sheet
A. General Provisions
Definitions
A.
indirectly controls, is controlled by, or is under common “Affiliate(s)” means an individual or an entity that directly or control with the Consultant.B. “Applicable Guidelines” means the policies of the Government of
Rajasthan governing the selection and Contract award process as set forth in this RFP.C.
“Applicable Law” means the laws and any other instruments having the force of law in the Client’s country, as they may be issued and in force from time to time.D. “Client” means the implementing agency (RSLDC)that signs the
Contract for the Services with the selected Consultant.E.
“Consultant” means a legally-established professionalconsulting firm or an entity that may provide or provides the Services to the Client under the Contract.
F.
“Contract” means a legally binding written agreement signed between the Client and the Consultant and includes all the attached documents listed in EoI cum RFP Document.G.
“Data Sheet” means an integral part of the Instructions to Consultants (ITC) Section 2 that is used to reflect specific country and assignment conditions to supplement (but do not overwrite the conditions in ITC)H.
“Day” means a calendar day.I.
“Experts” means, collectively, Key Experts, Non-Key Experts, or any other personnel of the Consultant, Sub-consultant or Joint Venture member(s).J. “Government” means the Government of Rajasthan.
K. “Joint Bidder” means the consortium formed by a group of
companies and submitted the joint bidding agreement in the Proposal whereby all the members of the consortium are severally liable to the Client for the performance of the Contract.13
L.
“Key Expert(s)” means an individual professional whose skills,qualifications, knowledge and experience are critical to the performance of the Services under the Contract and as enlisted in Eoi cum RFP Document.
M. “Non-Key Expert(s)” means an individual professional provided by the
Consultant or its Sub-consultant and who is assigned to perform the Services or any part thereof under the Contract and who is not a “key expert(s)”N. “Levels” of Resources: All resources to be deployed by consultant will be classified in one of the four levels ( L1, L2, L3, L4) in decending order of level of responsibilities in PMCA
O.
“ITC” (this Section 2 of the E o i c u m RFP) means the “ Instructions to Consultants” that provides the Consultants with information needed to prepare their Proposals.P.
“LOI” (this Section 1 of the RFP) means the Letter of Invitation being sent by the Client to the Consultants.Q.
“Proposal” means the Technical Proposal and the Financial Proposal of the Consultant/ Consortiums in response to the RFP.R.
“RFP” means the Request for Proposals to be prepared by the Client for the selection of ConsultantsS.
“Services” means the work to be performed by the Consultant pursuant to the Contract.T.
“TORs” (this Section 5 of the RFP) means the Terms of Reference that explain the objectives, scope of work, activities, and tasks to be performed, respective responsibilities of the Client and the Consultant, and expected results and deliverables of the assignment.U. “Incentive” means payment to be made beyond the agreed cost of bid
for delivering outputs as define at point 28 (g) of (F-Payment Terms & Schedule) as in data sheet of ITC.V. “RSLDC” abbreviations Rajasthan Skill and Livelihoods
Development Corporation/Client.
14
1. Introduction
1.1
The Client named in the Data Sheet intends to select aConsultant, in accordance with the method of selection specified in the Data Sheet.
1.2
The Consultants are invited to submit a Technical proposal and a Financial Proposal as specified in the Data Sheet, for consulting services required for the assignment named in the Data Sheet. The Proposal will be the basis for negotiating and ultimately signing the Contract with the selected Consultant.1.3
The Consultants should familiarize themselves with the local conditions and take them into account in preparing their Proposals, including attending a pre-proposal conference/ meeting if one is specified in the Data Sheet. Attending any such pre-proposal conference /meeting is optional and is at the Consultants’ expense.1.4
The Client will timely provide, at no cost to the Consultants, the inputs, relevant project data, and reports required for the preparation of the Consultant’s Proposal as specified in the Data Sheet.2.
Conflict of Interest2.1
The Consultant is required to provide professional, objective, and impartial advice, at all times holding the Client’s interestsparamount, strictly avoiding conflicts with other assignments or its own corporate interests, and acting without any consideration for future work.
2.2 The Consultant has an obligation to disclose to the Client any situation
of actual or potential conflict that impacts its capacity to serve the best interest of its Client. Failure to disclose such situations may lead to the disqualification of the Consultant or the termination of its Contract.2.2.1 Without limitation on the generality of the foregoing, and
unless stated otherwise in the Data Sheet, the Consultant shall not be hired under the circumstances set forth below:a. Conflicting activities
(i) Conflict between consulting activities and procurement of goods, works or non-consulting services: a firm that has been engaged by the Client to provide goods, works, or non- consulting services for a project, or any of its Affiliates, shall be disqualified from providing consulting services resulting from or directly related to those goods, works, or non- consulting services. Conversely, a firm hired to provide consulting services for the preparation or implementation of a project, or any of its Affiliates, shall be disqualified from subsequently providing goods or works or non-consulting services resulting from or directly related to the consulting services for such preparation or implementation.
15 b. Conflicting
assignments
(ii) Conflict among consulting assignments: a Consultant (including its Experts and Sub-consultants) or any of its Affiliates shall not be hired for any assignment that, by its nature, may be in conflict with another assignment of the
Consultant for the same or for another Client. c. Conflicting
relationships
(iii) Relationship with the Client’s staff: a Consultant (including its Experts and Sub-consultants) that has a close business or family relationship with a professional staff of RSLDC (or of the Client, or of implementing agency)who are directly or indirectly involved in any part of (i) the preparation of the Terms of Reference for the assignment, (ii) the selection process for the Contract, or (iii) the supervision of the Contract, may not be awarded a Contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Client throughout the selection process and the execution of the Contract.
(iv) Any other types of conflicting relationships as indicated in the Data Sheet.
3.
Unfair Competitive Advantage3.1
Fairness and transparency in the selection process require that the Consultants or their Affiliates competing for a specific assignmentdo not derive a competitive advantage from having provided consulting services related to the assignment in question. To that end, the Client shall indicate in the Data Sheet and make available to all shortlisted Consultants together with this E o I c u m RFP all information that would in that
respect give such Consultant any unfair competitive advantage over competing Consultants.
4.
Corrupt andFraudulent Practices
4.1 The RSLDC requires compliance with its policy in regard to corrupt and fraudulent/ prohibited practices as set forth by the Govt of
Rajasthan (GoR)
4.2 In further pursuance of this policy, Consultant shall permit and shall cause its agents, Experts, Sub-consultants, sub-contractors, services providers, or suppliers to permit the client to inspect all accounts, records, and other documents relating to the submission of the Proposal and contract performance (in case of an award), and to have them audited by auditors appointed by the client.
5.
Eligibility5.1
The client permits consultants (individuals and firms, including Consortium and their individual members) from all countries to offer consulting services for its financed projects.16
5.2
Furthermore, it is the Consultant’s responsibility to ensure that its Experts, Consortium members, Sub-consultants, agents (declared or not), sub-contractors, service providers, suppliers and/or their employees meet the eligibility requirements as established in the EoI cum RFP & TORc. Restrictions for Government-owned Enterprises
5.3
As an exception to the foregoing Clauses 5.1 and 5.2 above:5.3.1 Government-owned enterprises or institutions shall be eligible only if they can establish that they (i) are legally and financially autonomous, (ii) operate under commercial law, and (iii) that they are not dependent agencies of the Client
To establish eligibility, the government-owned enterprise or institution should provide all relevant documents (including its charter) sufficient to demonstrate that it is a legal entity separate from the government; it can acquire rights and liabilities, borrow funds, and can be liable for repayment of debts and be declared bankrupt;
d. Restrictions for public employees
5.3.2 Government officials and civil servants of the GoR are not eligible to be included as Experts in the Consultant’s Proposal unless such engagement does not conflict with any employment or other laws, regulations, or policies of the GoR, and they
(i) are on leave of absence without pay, or have resigned or retired; (ii) are not being hired by the same agency they were working for before going on leave of absence without pay, resigning, or retiring
(in case of resignation or retirement, for a period of at least 6 (six) months, or the period established by statutory provisions applying to civil servants or government employees in GoR, whichever is longer. Experts who are employed by the government-owned universities, educational or research institutions are not eligible unless they have been full time employees of their institutions for a year or more prior to being included in Consultant’s Proposal.; and
17 6. Qualification to
the bid
6.1 Bids may be submitted by either of the following categories of bidders only:
A.
Sole Bidder:The Sole Bidder will be responsible for end to end scope of work given in this tender. The Sole Bidder cannot be a part of any consortium for this tender.
B.
Consortium of firms: Bids can be submitted by a consortium of firms and shall comply with the following requirements:
A properly executed agreement, legally enforceable in India, signed by all partners of the consortium as per Annexure 4. The Joint bidding agreement shall be signed so as to be legally binding on all partners.
One of the partners of consortium shall be nominated as Partner- in- Charge/Prime Bidder and this authorization shall be evidenced by
submitting a power of attorney signed by legally authorized signatories of all the partners.
In case, the Bidder bids by forming consortium then the following guidelines shall be followed.
6.1.1 The response to the Bid must contain a written declaration by the competent authority of all the consortium members that :
a. They have collectively agreed to respond to the Bid.
b. They have nominated the named entity as the Prime Bidder (as the leader of the consortium) and his nomination shall be evidenced by submitting a letter of authorization signed by legally authorized signatories of all the members of the consortium as per Annexure 3.
c. The Prime Bidder is authorized to receive instruction or communications from Client, authorized to incur liabilities and shall deliver all the provisions of the contract on behalf of consortium members.
18 d. All members of the Consortium shall be responsible and liable severally for the execution of its respective Scope of Work under Agreement in accordance with the terms and conditions of the Agreement and shall be jointly liable for all activities under scope of work.
e. The Consortium shall be responsible for submission of Performance Guarantees under the Agreement.
f. The consortium has to be unique, i.e. neither the Prime Bidder nor the Consortium Partner can be part of more than one consortium. g. It will be Prime Bidder’s responsibility to certify the work completed by the other consortium members.
h. Payments shall only be released to the Prime Bidder against his Invoices as per the Price schedule.
i. The Prime Bidder should provide a declaration from all the consortium members that they have full property right or requisite right to use all intellectual property / tool they propose to supply or use in course of this project.
j. The Prime Bidder must provide in writing the mechanism for decision making and dispute resolution among the Consortium members. k. The Prime bidder shall be individually technically eligible as per RFP document.
19
B. Preparation of Proposals
1. General
Considerations1.1
Sale of Tender/ Bidding Document : The complete bidding
document would be available on the websites for the period as specified
in the NIB. The prospective bidders are permitted to download the
bidding document from any of the specified websites but must pay the
Cost of Tender/Bid/ bidding document while submitting the E-bids.
1.2 In preparing the Proposal, the Consultant is expected to examine
the EoI cum RFP in detail. Material deficiencies in providing the information requested in the RFP may result in rejection of the Proposal.2. Cost of Preparation
of Proposal
2.1
The Consultant shall bear all costs associated with the preparation and submission of its Proposal, and the Client shall not be responsible or liable for those costs, regardless of the conduct or outcome of the selection process. The Client is not bound to accept any proposal, and reserves the right to annul the selection process at any time prior to Contract award, without thereby incurring any liability to the Consultant.3. Language
3.1
The Proposal, as well as all correspondence and documents relatingto the Proposal exchanged between the Consultant and the Client shall be written in the language(s) specified in the Data Sheet.
4. Documents
Comprising the Proposal4.1
The Proposal shall comprise of the documents and forms listed in the Data Sheet.4.2 If specified in the
Data Sheet, the Consultant shall include a statement of an undertaking of the Consultant to observe, in competing for and executing a contract, the Client country’s laws against fraud and corruption (including bribery).5. Only
One Proposals 6. Proposal ValidityThe Consultant ( including the individual members of any consortium) shall submit only one Proposal, either in its own name or as part of a consortium in another Proposal. If a Consultant, including any Joint Venture member, submits or participates in more than one proposal, all such proposals shall be disqualified and rejected. This does not, however, preclude a Sub-consultant, or the Consultant’s staff from participating as Key Experts and Non-Key Experts in more than one Proposal when circumstances justify and if stated in the Data Sheet.
6.1
The Data Sheet indicates the period during which the Consultant’s Proposal must remain valid after the Proposal submission deadline.6.2
During this period, the Consultant shall maintain its original Proposal without any change, including the proposed rates and the total price.a. Extension of Validity Period
6.3
Bids shall remain valid for the period of 180 days, as specified in NIB, after the bid submission deadline date prescribed by the tendering authority. A bid valid for a shorter period shall be rejected by the tendering authority as non-responsive bid.6.4
In exceptional circumstances, prior to the expiration of the bid validity period, the tendering authority may request bidders to extend the period of validity of their Bids. The EMD/bid security shall also be extended for a corresponding period. A bidder may refuse the request without forfeiting its bid security i.e. EMD. A bidder granting the request shall not be required or permitted to modify its bid. The request and the responses shall be made in writing.6.5
The Client will make its best effort to complete the negotiations within the proposal’s validity period. However, should the need arise, the Client may request, in writing, all Consultants who submitted Proposals prior to the submission deadline to extend the Proposals’ validity.6.6
If the Consultant agrees to extend the validity of its Proposal, it shall be done without any change in the original Proposal.6.7
The Consultant has the right to refuse to extend the validity of its Proposal in which case such Proposal will not be further evaluated.21 c. Sub-Contracting
6.8
The Consultant shall not be entitled to subcontract the Services withoutprior written consent of the Client. However, the consultant may outsource hiring of services of non-key personnel through one or more agencies/companies. Such an outsourcing of hiring of services of non-key personnel shall not dilute responsibility of the consultant regarding scope of work. RSLDC shall not have any responsibility towards the outsourcing agencies. Such an outsourcing arrangement shall not be considered as sub-contracting. d. Earnest Money
Deposit (EMD)
6.8.1
Every bidder, if not exempted, participating in the bidding process must furnish the required earnest money deposit/bid security as specified in the Notice Inviting Tender (NIT)/NIB.6.8.2
EMD/bid security of a bidder lying with RSLDC in respect of other bids awaiting decision will not be adjusted towards EMD for the fresh bids. The EMD originally deposited may, however, be taken into consideration in case bids are re-invited.6.8.3
Form of EMD: The EMD may be deposited in the form of a banker’s cheque or demand draft in favour of “Rajasthan Skill and Livelihoods Development Corporation” payable at “Jaipur”.6.8.4
Refund of EMD/bid security: The EMD/bid security of unsuccessful bidders shall be refunded soon after final acceptance of bid and award of contract. In case of successful bidder, the EMD, if feasible, may also be adjusted in arriving at the amount of the Performance Security Deposit (PSD).6.8.5 Forfeiture of EMD/bid security: The EMD/bid security taken from the
bidder shall be forfeited in the following cases:-i. When the bidder withdraws or modifies his bid proposal after
opening of bids.ii. When the bidder does not execute the agreement in accordance
with ITC after placement of order within the specified time.iii. When the bidder fails to commence the supply of the goods
and service as per purchase / work order/ Letter of Award within the time prescribed.iv. When the bidder does not deposit the security money after
the purchase or work order is placed..v.
To adjust any dues against the firm from any other contract with RSLDC.vi. When the successful bidder fails to complete the Services satisfactorily within the time specified.
vii. If the successful bidder breaches any provision of the Code of Integrity prescribed for Bidders in the RPPP Act and Chapter VI of the Rules and ITC.
7
Pre-bid Meeting 7.1 The bidder of its official representative (not more than two representative per bidder) is invited To attend the pre-bid meeting as per the details specified in NIB. The objective of this meeting is to address the generic queries of the prospective bidder related to bidding document.7.2 As a result of discussion in the pre-bid conference, if modifications in the bidding document, specifications of services and/or goods are considered necessary, they may be done by issuing an addendum/corrigendum and its copies shall be sent through Email/or other appropriate manner to all the bidders having purchased the bidding document. The corrigendum/addendum and the Final bidding document, if required, will be placed on the websites as specified in the NIB.
7.3 The tendering authority reserves the right not to respond to any/all queries raised or clarifications sought if, in their opinion and at their sole discretion, they consider that it would be Inappropriate to do so or do not find any merit in it.
d. Pre-Bid queries must be strictly submitted only in prescribed format as per Annexure-8.
Clarification Amendment of EOI CUM RFP
7.4
The Consultant may request a clarification of any part of the EOI CUM RFP during the period indicated in the Data Sheet before the Proposals submission deadline. Any request for clarification must be sent in writing, or by standard electronic means, to the Client’s address indicated in the Data Sheet. The Client will respond in writing, or by standard electronic means, and will send written copies of the response (including an explanation of the query but without identifying its source) to all Consultants. Should the Client deem it necessary to amend the EOI CUM RFP as a result of a clarification, it shall do so following the procedure described below: 7.5.1 At any time prior to the deadline for submission of the Bids,the tendering authority may amend the Bidding document by issuing Corrigendum/ Addendum.
7.5.2 Any Corrigendum/ Addendum issued shall be a part of the Bidding document and shall be communicated to all, either in
writing or by uploading the details on the websites mentioned in the NIB, who have purchased the Bidding document and on the websites specified in NIB.
7.5.3 Any change in date of submission and opening of bids would be published in appropriate manner including the websites mentioned in the NIB.
7.6
If the amendment is substantial, the Client may extend the proposal submission deadline to give the Consultants reasonable time to take an amendment into account in their Proposals.7.7 The Consultant may submit a modified Proposal or a
modification to any part of it at any time prior to the proposal submission deadline. No modifications to the Technical or Financial Proposal shall be accepted after the deadline.8
Technical ProposalFormat and Content
8.1 The Technical Proposal shall not include any financial
information. A Technical Proposal containing material financial information shall be declared non-responsive.8.1.2 Depending on the nature of the assignment, the Consultant
is required to submit a Full Technical Proposal (FTP), as indicated in the Data Sheet and using the Standard Forms provided in Section 3 of the EOI cum RFP.9 Financial Proposal
9.1
The Financial Proposal shall be prepared using the Standard Forms provided in Section 4 of the EOI CUM RFP. It shall list all costs associated with the assignment, including (a) remuneration for Key Experts and Non-Key Experts etc. (b) reimbursable expenses indicated in the Data Sheet.A. Taxes 9.2.1. The Consultant and its Sub-consultants and Experts are responsible for meeting all tax liabilities arising out of the Contract unless stated otherwise in the Data Sheet.
9.2.2. The applicable taxes, shall be deducted at source from the payment to the Selected Bidder as per the law in force at the time of execution of contract.
9.2.3. If there would be any increase in the taxes (except service tax), levies, duties, fee and other charges during tenure of contract, the financial burden of the same shall be borne by the bidder. Any revision in service tax upward or downwards, shall be to
B. Currency of
Proposal 9.3 The Consultant may express the price for its Services in the currency or currencies as stated in the Data Sheet. If indicated in the Data Sheet, the portion of the price representing local cost shall be stated in the national currency.
C. Currency of
Payment 9.4 The currency or currencies in which payments shall be made to the selected bidder under this Contract shall be Indian Rupees (INR) only. D. Contract Price 9.5 (a) The Contract Price shall be paid as specified in the contract subject
to any additions and adjustments thereto, or deductions there from, as may be made pursuant to the Contract.
(b) The payment of incentive shall be made subject to adjustments or deductions, if any.
E. Price Validity and
Rate Escalation 9.6 The contract Price will remain unchanged during the entire contract period (24 Months from the Date of commencement of services). In case of extension in contract period, the rate escalation shall be as per ITC clause no. 12 of “Data Sheet”.
C. Submission, Opening and
Evaluation
10 Submission, Sealing, and Marking of Proposals
10.1 Submission Deadline of Bids
10.1.1 Bids must be submitted by the bidders online at eProc website as indicated in the NIB or Subsequent Corrigendum's, if any.
10.1.2 Normally, the date of submission and opening of bids would not be extended. However, in exceptional circumstances or when the bidding document is required to be substantially modified as a result of discussions in pre-bid meting and the time with the prospective bidders for preparation of bids appears insufficient, the date may be extended by Managing Director of RAJASTHAN SKILL AND LIVELIHOODS DEVELOPMENT CORPORATION, JAIPUR and due publicity to such change in date of submission of bids would be given. In such cases, it would be ensured that after issue of corrigendum, reasonable time is available to the bidders to prepare and submit their bids. Any change in date of submission and opening of bids would also be placed on the respective websites immediately. However, if the modifications in bidding document, specifications of goods and service are substantial, fresh publication of original bid inquiry may also be issued.
10.1.3 The tendering authority may, at its discretion, extend the deadline for the submission of bids by amending the bidding document, in which case all rights and obligations of the tendering authority and bidders previously subject to the deadline shall thereafter would be subject to the deadline as extended.
10.2 Format and Signing of Bid:
10.2.1 The bid forms/templates/annexures etc., wherever applicable, shall be typed or written in indelible ink and shall be signed by a person duly authorized to sign, in token of acceptance of all the terms and conditions of the bidding document. This authorization shall consist of a written letter of Authorization from the Authorized person, accompanied with a board resolution, in case of a company/power of attorney as per Annexure-7.
10.2.2 Any amendments such as interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the authorized person signing the bid.
10.2.3 The bid, duly signed (digitally) by Authorized signatory, should be uploaded on the eproc portal in respective file/ format.
10.2.4 Bidders must submit their bids online at eproc portal. Bids received by another other means shall not be accepted.
10.2.5 If bids are not submitted as per the details mentioned in this bidding document and eProc website, the tendering authority shall reject the bid.
10.3 Any modifications, revisions, interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Proposal.
11 Confidentiality 11.1 From the time the Proposals are opened to the time the Contract is awarded, the Consultant should not contact the Client on any matter related to its Technical and/or Financial Proposal. Information relating to the evaluation of Proposals and award recommendations shall not be disclosed to the Consultants who submitted the Proposals or to any other party not officially concerned with the process, until the publication of the Contract award information.
11.2 Any attempt by short-listed Consultants or anyone on behalf of the Consultant to influence improperly the Client in the evaluation of the Proposals or Contract award decisions may result in the rejection of its Proposal.
11.3 Not with standing the above provisions, from the time of the Proposals’ opening to the time of Contract award publication, if a Consultant wishes to contact the Client on any matter related to the selection process, it should do so only in writing.
11.4 In addition to the restrictions specified in Rule 77 of RTPP rules 2013 all information contained in this RFP should be treated as commercially confidential and the Consultants are required to limit dissemination on a need-to-know basis. Information relating to evaluation of proposals and recommendations concerning awards shall not be disclosed to the Consultants who submitted the Proposals or to other persons not officially concerned with the process, until the publication of the award of Contract. The undue use by any Consultant of confidential information related to the process may result in the rejection of its proposals.
12 Opening of Technical
Proposals 12.1 Bid Opening/ Opening of Tenders: 12.1.1 The Clients Evaluation Committee will perform the bid opening, which is a critical event in the bidding process.
12.1.2 The tendering authority shall conduct the bid opening at the address, date and time specified in the NIB.
12.1.3 All the bids received up to the specified time and date in response to all the bid inquiries shall be opened by the members of the Clients Evaluation Committee at the specified place, date and time in the presence of bidders or their authorized representatives who may choose to be present. Alternatively, the bidders may also view the bid opening status/ process online at eProc website.
12.1.4 All the documents comprising of technical bid/ cover shall be opened & downloaded from the eProc website (only for the bidder’s who have submitted the prescribed fee(s) to RAJASTHAN SKILL AND LIVELIHOODS DEVELOPMENT CORPORATION, JAIPUR.
12.1.5 All the technical bid covers, except the Financial cover, shall be opened one at a time, and the following read out and recorded: the name of the bidder; the presence of the RAJASTHAN SKILL AND LIVELIHOODS DEVELOPMENT CORPORATION, JAIPUR processing fee, tender fee, EMD and any other details as the tendering authority may consider appropriate.
12.1.6 The Tendering authority shall prepare a record of the bid opening that shall include, at a minimum: the name of the bidder and the presence or absence of processing fee, Tender fee, and EMD. The bidder’s representatives who are present shall be required to sign the attendance sheet.
12.1.7 The Commercial/ Financial cover shall be kept unopened and shall be opened later on the date and time intimated to the bidders who qualify in the evaluation of technical bids.
13 Proposals Evaluation 13.1 The evaluators of the Technical Proposals shall have no access to the Financial Proposals until the technical evaluation is concluded. 13.2 The Consultant is not permitted to alter or modify its Proposal in any way after the proposal submission deadline. While evaluating the Proposals, the Client will conduct the evaluation solely on the basis of the submitted Technical and Financial Proposals.
14 Evaluation of Technical Proposals
14.1 The Client’s evaluation committee shall evaluate the Technical Proposals on the basis of eligibility Parameters, specified in the Data Sheet. A Proposal shall be rejected at this stage if it does not qualify technical requirements indicated in the Data Sheet.
14.2 The eligible bidders whose bid is determined to be substantially responsive shall be considered to be qualified in the technical evaluation, unless disqualified pursuant to clause “Conflict of Interest” or “Disqualification”, and shall be informed, either in writing or by uploading the details on the websites mentioned in the NIT, about the date, time and place of opening of their financial bids.
14.3 The firms which could not qualify in technical evaluation will be informed about this fact. EMD refunded after completion of the bid process i.e. award of the contract to the best value / successful bidder. 15 Financial Proposals for
Least Cost Selection (LCS)
15.1 Following the evaluation of the Technical Proposals, the selection shall be based on Least cost only. The evaluated lowest total priced Consultant that has qualified the technical requirements shall be invited to negotiate the Contract if required.
15.2 If Financial Proposals were invited together with the Technical Proposals, the Financial Proposal of technically qualified Consultants (those have qualified prescribed minimum technical requirements.) only will be opened online by the Client’s evaluation committee in the presence of the bidders or their representatives who choose to be present. Alternatively, the bidders may also view the financial bid opening status/process online at eProc website.
15.3 The process of opening of financial bids/ covers shall be similar to that of technical bids.
15.4 To evaluate a bid, the tendering authority shall consider the following: -
I. the bid price as quoted in accordance with bidding document. II. Price adjustment for correction of arithmetic errors in
accordance with bidding document. 16 Clarification Seeking from
Bidder 16.1 To assist in the examination, evaluation, comparison and post
qualification of the bids, the tendering authority may, at its discretion, ask any bidder for a clarification of his bid. The tendering authority’s request for clarification and the response shall be either in writing or by uploading the details on the websites mentioned in the NIB.
16.2 Any clarification submitted by a bidder with regard to his bid that is not in response to a request by the tendering authority shall not be considered.
16.3 No change in the prices or substance of the bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the tendering authority in the evaluation of the Commercial/ Financial Bids.
17 C o r r e c t i o n of Errors 17.1 Activities and items described in the Technical Proposal but not priced in the Financial Proposal shall be assumed to be included in the prices of other activities or items, and no corrections are made to the Financial Proposal.
17.2 Correction of arithmetic errors in financial bids.- The bid evaluation committee shall correct arithmetical errors in substantially responsive bids, on the following basis, namely: - (a) if there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless in the opinion of the bid evaluation committee there is an obvious misplacement of the decimal point in the unit price, in which case the total price as quoted shall govern and the unit price shall be corrected; (b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and (c) if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to clause (a) and (b) above.
a. Time-Based Contracts The Client’s evaluation committee will (a) correct any computational or arithmetical errors, and (b) adjust the prices if they fail to reflect all inputs included for the respective activities or items in the Technical Proposal. In case of discrepancy between (i) a partial amount (sub-total) and the total amount, or (ii) between the amount derived by multiplication of unit price with quantity and the total price, or (iii) between words and figures, the former will prevail. In case of discrepancy between the Technical and Financial Proposals in indicating quantities of input, the Technical Proposal prevails and the Client’s evaluation committee shall correct the quantification indicated in the Financial Proposal so as to make it consistent with that indicated in the Technical Proposal, apply the relevant unit price included in the Financial Proposal to the corrected quantity, and correct the total Proposal cost.
18 Taxes 18.1 The Client’s evaluation of the Consultant’s Financial Proposal shall exclude taxes and duties in India in accordance with the instructions in the Data Sheet.
18.2 The applicable taxes etc., shall be deducted at source from the payment to the Selected Bidder as per the law in force at the time of execution of contract.
19 Conversion to Single For the evaluation purposes, prices shall be converted to a single currency
Currency i.e. INR using the selling rates of exchange, source and date.
20.
DisqualificationTendering authority may at its sole discretion and at any time during the processing of bids, disqualify any bidder/ bid from the bid process if the bidder:
i. Has not submitted the bid in accordance with the bidding document. ii. Has submitted bid without submitting the prescribed Tender Fee,
Processing Fee, EMD or the Bidder's authorization certificate/ Power of Attorney.
iii. Has imposed conditions in his bid.
iv. During validity of the bid or its extended period, if any, increases his quoted prices.
v. Has made misleading or false representations in the forms, statements and attachments submitted in proof of the eligibility requirements. vi. Has failed to provide clarifications related thereto, when sought.
vii. Has submitted more than one bid. This will cause disqualification of all bids submitted by such bidders including forfeiture of the EMD.
viii.Is found to canvass, influence or attempt to influence in any manner for the qualification or selection process, including without limitation, by offering bribes or other illegal gratification
D. Negotiations and Award
21.
Negotiations The negotiations will be held at the date and address indicated in the Data Sheet with the Consultant’s representative(s) who must have written power of attorney to negotiate and sign a Contract on behalf of the Consultant. The Client shall prepare minutes of negotiations that are signed by the Client and the Consultant’s authorized representative.A. Technical negotiations
The negotiations include discussions of the Terms of Reference (TORs), the proposed methodology, the Client’s inputs, the special conditions of the Contract, and finalizing the “Description of Services” part of the Contract. These discussions shall not substantially alter the original scope of services under the TOR or the terms of the contract, lest the quality of the final product, its price, or the relevance of the initial evaluation be affected.