appointment of consultant to undertake the work of

Request for Proposal

for

Appointment of Consultant to Undertake the

Work of Assessing Manpower Requirement

for Group ‘C’ and ‘D’ Categories of

Employees in Municipal Corporation of Delhi

May 31, 2010

For and on behalf of

Municipal Corporation of Delhi

Commissioner‟s Office

Ambedkar Stadium, Near Delhi Gate

New Delhi - 110001

IIssssuueedd bbyy

Delhi Integrated Multi-Modal Transit System Limited

(A Joint Venture of Government of Delhi & IDFC Ltd.)

1st floor, Maharana Pratap Inter State Bus Terminus,

Kashmere Gate, Delhi – 110006 Phone: +91-11-43090100; Fax: +91-11-23860966

E-mail: [email protected]; Website: www.dimts.in

Cost of RFP Document: INR 10,000 RFP Number: DIMTS/MCD/2010/01

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Municipal Corporation of

Delhi

RFP for the Appointment of Consultant to Undertake the Work of Assessing

Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in MCD

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The information contained in this Request for Proposal (“RFP”) Document, whether verbally

or in documentary or in any other form, by or on behalf of the Municipal Corporation of

Delhi, Government of National Capital Territory of Delhi (the “MCD”), or any of their

employees or advisors, on the terms and conditions set out in this RFP Document and such

other terms and conditions as the MCD may prescribe in this behalf, has been prepared solely

to assist prospective Bidders in making their decision of whether or not to submit a bid.

This RFP Document is not an agreement and is not an offer or invitation by the MCD, to any

other party. As mentioned above, the purpose of this RFP Document is to provide the Bidder

with information to assist in the formulation of their proposals. This RFP Document does not

purport to contain all the information each Bidder may require. This RFP Document may not

be appropriate for all persons, and it is not possible for the MCD, their employees or advisors

to consider the investment objectives, financial situation and particular needs of each party

who reads or uses this RFP Document. Each Bidder should conduct its own investigations

and analysis and should check the accuracy, reliability and completeness of the information

in this RFP Document and where necessary obtain independent advice from appropriate

sources.

The MCD, their employees and advisors make no representation or warranty and shall incur

no liability under any law, statute, rules or regulations or tort, principles of restitution or

unjust enrichment for any loss, damage, cost or expense which may arise from or be incurred

or suffered on account of anything contained in this RFP Document or otherwise including

the accuracy, reliability or completeness of the RFP Document or any assessment,

assumption, statement or information contained therein or deemed to form part of the RFP

Document or arising in any way at this stage of the Bidding Process.

The designs, drawings, technical data and any other information if provided in this RFP

Document is only indicative and the MCD, their employees and advisors have not made, will

not make and will not be deemed to have made any current or future representation, promise

or warranty, express or implied, as to the accuracy, reliability or completeness of the

information contained herein or in any document or information, whether written or oral,

made available to a Bidder, whether or not the aforesaid parties know or should have known

of any errors or omissions or were responsible for its inclusion in or omission from this RFP

Document.

This RFP Document is provided for information purposes only and upon the express

understanding that such parties will use it only for the purpose set forth above. It does not

purport to be all-inclusive or contain all the information about the organization structure for

Category „C‟ and „D‟ employees in MCD in relation to which it is being issued.

The information and statements made in this RFP Document have been made in good faith.

Interested parties should rely on their own judgments in participating in the said Project. Any

liability of any nature whatsoever, whether resulting from negligence or otherwise howsoever

caused arising from reliance of any Bidder upon the statements and information contained in

this RFP Document is accordingly expressly disclaimed.

This RFP Document has not been filed, registered or approved in any jurisdiction. Recipients

of this document should inform themselves of and observe any applicable legal requirements.

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Information provided in this RFP Document to the Bidders is on a wide range of matters,

some of which may depend upon interpretation of law. The information given is not an

exhaustive account of statutory requirements and should not be regarded as a complete or

authoritative statement of law. The MCD, their employees and advisors accept no

responsibility for the accuracy or otherwise for any interpretation of law expressed herein.

The MCD may in their absolute discretion, but without being under any obligation to do so,

update, amend or supplement the information in this RFP Document. Any change to the RFP

Document will be notified to all those who have purchased the RFP Document and to those

who have downloaded the RFP Document from the website and have duly intimated this fact

to MCD giving their particulars including address for communication by fax/post (Registered

Bidder). No part of this RFP Document and no part of any subsequent correspondence by the

MCD, their employees and advisors shall be taken either as providing legal, financial or other

advice or as establishing a contract or contractual obligation. Contractual obligations would

arise only if and when definitive agreements have been approved and executed by the

appropriate parties having the authority to enter into and approve such agreements. The

MCD, reserves the right to reject all or any of the Proposal submitted in response to this RFP

Document at any stage without assigning any reasons whatsoever and the issue of this RFP

Document does not imply that the MCD is bound to select a Bidder or to appoint a

Concessionaire.

All Bidders are responsible for all costs and expenses incurred by them when evaluating and

responding to this RFP Document in connection with or relating to or in making their

Proposal including any negotiation or other costs incurred by the Bidder thereafter. All such

costs and expenses will remain with the Bidder and the MCD, their employees and advisors

shall not be liable in any manner whatsoever for the same or for any other costs or expenses

incurred by a Bidder in preparation or submission of its Proposal, regardless of the conduct or

outcome of the Bidding Process. The MCD may in its sole discretion proceed in the manner it

deems appropriate which may include deviation from its expected evaluation process, the

waiver of any requirements, and the request for additional information. Unsuccessful bidders

will have no claim whatsoever against the MCD, their employees and advisors.


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Part I Instructions to Bidders

Part II Terms of Reference and Scope of Services

Part III Draft Contract Agreement

Part I: Instructions to Bidders

1. Introduction................................................................................................................................................ 8

1.1. General ....................................................................................................................................................... 8

1.2. Brief Description of Bidding Process ....................................................................................................... 8

2. Instruction to Bidders ................................................................................................................................ 9

A. General ....................................................................................................................................................... 9

2.1. Definitions ................................................................................................................................................... 9

2.2. Scope of Proposal ..................................................................................................................................... 10

2.3. Eligible Bidders ........................................................................................................................................ 11

2.4. Number of Proposals ............................................................................................................................... 11

2.5. Proposal Preparation Cost ...................................................................................................................... 11

2.6. Verification of Documents ....................................................................................................................... 12

2.7. Contents of RFP Document..................................................................................................................... 12

2.8. Clarifications by Bidders ......................................................................................................................... 12

2.9. Amendment of RFP Document ............................................................................................................... 13

2.10. Pre-Proposal Meeting .............................................................................................................................. 13

2.11. Miscellaneous – Other Provisions ........................................................................................................... 14

2.12. Disqualification ........................................................................................................................................ 15

B. Preparation and Submission of Proposal ............................................................................................... 18

2.13. Language .................................................................................................................................................. 18

2.14. Currency ................................................................................................................................................... 18

2.15. Bid Security .............................................................................................................................................. 18

2.16. Validity of Proposal ................................................................................................................................. 19

2.17. Bidders Responsibility ............................................................................................................................. 19

2.18. Format and Signing of Proposal ............................................................................................................. 20

2.19. Sealing and Marking of Proposal ........................................................................................................... 21

2.20. Proposal Due Date ................................................................................................................................... 22

2.21. Late Proposals .......................................................................................................................................... 22

2.22. Modification and Withdrawal of Proposals ........................................................................................... 23

2.23. Confidentiality .......................................................................................................................................... 23

2.24. Clarifications Sought by MCD ............................................................................................................... 23

2.25. Cost of RFP Document ............................................................................................................................ 23

2.26. Consultant(s) or Advisor(s) ..................................................................................................................... 24

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3. Criteria and Methodology for Qualification and Evaluation ............................................................... 25

A. General ..................................................................................................................................................... 25

3.1. Qualification Parameters ........................................................................................................................ 25

3.2. Experience and Technical Capability Criteria ...................................................................................... 25

3.3. Financial Capability Criteria .................................................................................................................. 26

B. Evaluation Methodology ......................................................................................................................... 28

3.4. Opening of Proposal ................................................................................................................................ 28

3.5. Test of Responsiveness ............................................................................................................................. 28

3.6. Evaluation of Technical Submissions ..................................................................................................... 29

3.7. Evaluation of Price Proposal................................................................................................................... 29

3.8. Notification ............................................................................................................................................... 30

3.9. MCD‟s Right to Accept or Reject Proposal ........................................................................................... 30

3.10. Acknowledgment of Letter of Acceptance (LOA) and Execution of Contract Agreement ............... 31

3.11. Performance Security .............................................................................................................................. 32

Appendix 1: Schedule of Bidding Process ........................................................................................................ 33

Appendix 2: Format for Covering Letter cum Consultancy Assignment Undertaking ............................... 34

Appendix 3: Format for Power of Attorney for Signing of Proposal ............................................................. 37

Appendix 4: Format for Power of Attorney for Lead Member of Consortium ............................................ 38

Appendix 5: Format for Details of Bidder........................................................................................................ 40

Appendix 6: Format for Financial Capability# of the Bidder ......................................................................... 41

Appendix 7: Assignments Carried out by the Firm with the Similar Scope of Work .................................. 42

Appendix 8: Format for Affidavit Certifying that Entity / Directors of Entity are not Blacklisted ............ 43

Appendix 9: Format of Bid Security ................................................................................................................. 44

Appendix 10: Contents and Format of Price Proposal .................................................................................... 46

Appendix 10A: Summary of Price Proposal .................................................................................................... 47

Appendix 11: Format for Draft Letter of Acceptance (To be issued by MCD) ............................................ 48

Appendix 12: Format of Acknowledgement Letter of Acceptance (To be issued submitted by Successful

Bidder to MCD) .................................................................................................................................................. 50

Appendix 13: Total No. of Full Time Consultants Working/Employed in the Firm .................................... 51

Appendix 14: Detail/Information of the Team and the Task which would be Assigned to Each Member

and the Team Leader ......................................................................................................................................... 52

Appendix 15: Description of Approach, Methodology and Work Plan for Performing the Assignment ... 55

Appendix 16: Checklist ...................................................................................................................................... 56

Part II - Terms of Reference and Scope of Services

1. Background .............................................................................................................................................. 60

2. Scope of Services ...................................................................................................................................... 60

3. Indicative List of Post in Category „C‟ and „D‟ ..................................................................................... 60

4. Reporting Schedules ................................................................................................................................ 63

4.1. Inception Report ...................................................................................................................................... 63

4.2. Interim Report ......................................................................................................................................... 63


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4.3. Draft Final Report ................................................................................................................................... 63

5. Inputs Required for the Services ............................................................................................................ 63

5.1. Staff Input and Duration of Services ..................................................................................................... 63

5.2. Qualification & experience of key staff .................................................................................................. 64

5.2.1. Team Leader ............................................................................................................................................ 64

5.2.2. Other Key Members/Expert ................................................................................................................... 64

5.2.3. Logistics for the Services ......................................................................................................................... 64

6. Duration of Contract ............................................................................................................................... 64

Part III - Draft Contract Agreement

Article 1 - Definitions ......................................................................................................................................... 67

Article 2 – Award of Contract & Scope of Services ......................................................................................... 70

Article 3 - Contract Period ................................................................................................................................ 71

Article 4 – Obligations of Parties ...................................................................................................................... 71

Article 5 – Personnel / Team Members ............................................................................................................. 73

Article 6 – Consultancy Fee ............................................................................................................................... 74

Article 7 - Performance Security ....................................................................................................................... 75

Article 8 – Events of Default & Termination ................................................................................................... 76

Article 9 - Indemnity .......................................................................................................................................... 78

Article 10 - Force Majeure ................................................................................................................................. 78

Article 11 - Confidentiality ................................................................................................................................ 80

Article 12 - Dispute Resolution .......................................................................................................................... 80

Article 13 – Language ........................................................................................................................................ 81

Article 14 – Assignment and Charges ............................................................................................................... 81

Article 15 – Governing Law and Jurisdiction .................................................................................................. 82

Article 16 – Relation between Parties ............................................................................................................... 82

Article 17 – Notices ............................................................................................................................................. 82

Article 18 – Waiver ............................................................................................................................................. 82

Article 19 – Survival ........................................................................................................................................... 83

Article 20 – Severability ..................................................................................................................................... 83

Article 21 – Representations and Warranties .................................................................................................. 84

Article 22 – Counterparts .................................................................................................................................. 85

SCHEDULE 1: SCOPE OF SERVICES ............................................................................................................... 87

SCHEDULE 2: MANNING SCHEDULE AND REPORTING SCHEDULE ........................................................ 88

SCHEDULE 3: MILESTONES AND PAYMENT SCHEDULE ............................................................................ 89

SCHEDULE 4: PERSONNEL PROFILE ............................................................................................................. 90

SCHEDULE 5: PERFORMANCE SECURITY BANK GUARANTEE .................................................................. 91


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1. Introduction 1.1. General

1.1.1. The Municipal Corporation of Delhi (MCD) invites sealed proposals from eligible

entities for appointment of Consultant to Undertake the Work of Assessing Manpower

Requirement for Group „C‟ and „D‟ Categories of Employees in Municipal

Corporation of Delhi (the “Consultancy assignment”). The preferred bidder shall be

selected through an open, transparent and competitive bidding process.

1.1.2. An agreement for appointment of Consultant to Undertake the Work of Assessing

Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in MCD.

(“Contract Agreement”) with development milestones and Terms of Reference and

Scope of Services shall be executed between MCD and the Successful Bidder for the

aforesaid consultancy assignment.

1.2. Brief Description of Bidding Process

1.2.1. MCD intends to follow a single stage bidding process with two envelop system for

selection of the Consultant for the Consultancy Assignment. This process involves

selection of Successful Bidder who is eligible to submit its proposal as specified in

this RFP Document.

1.2.2. RFP Document follows a two stepped approach comprising :

Qualification Phase: Short-listing of Bidders based on qualification criteria

Proposal Phase: Evaluation of Price Proposals received from Shortlisted Bidders

1.2.3. As a part of the Bidding Process, the business entities and interested parties will be

required to submit two envelopes containing: (i) their Technical Submissions; and (ii)

their Price Proposal as part of their proposal package.

1.2.4. Technical Submission of the Bidders will be opened to check their eligibility to

participate, to test their responsiveness, bid security and other such compliances and

further to evaluate the technical capability and financial capability in accordance with

the Evaluation Methodology set out in this RFP Document. At the end of the

Qualification Phase, MCD will prepare and release a list of Shortlisted Bidders for the

Consultancy Assignment.

1.2.5. Price Proposal of those who will be technically qualified shall be opened.

1.2.6. The Successful Bidder would then be required to enter into a Contract Agreement

with Municipal Corporation of Delhi. A draft Contract Agreement (DCA) is provided

as Part– III of this RFP Document.

1.2.7. Details of the process of selection, including the schedule of Bidding Process (as

provided in Appendix 1 to this RFP Document), is set out in this RFP Document.

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2. Instruction to Bidders

A. General

2.1. Definitions

“Bidder” means any Business Entity or a Consortium who submits a Bid along with

Bid Security under this RFP within the stipulated time for submission of bids.

“Bidding Process” shall mean the single stage competitive bidding process with two

envelops system comprising (i) the Technical Submissions and (ii) the Price Proposal

for the Consultancy Assignment.

“Business Entity” shall mean any legal entity and include company / partnership firm

/ limited liability partnership firm / sole proprietorship registered under the relevant

Indian laws.

“Contract Agreement” shall mean the agreement to be entered into between

Municipal Corporation of Delhi and the successful bidder for the Consultancy

Assignment.

“Contract Period” shall mean a period of sixteen (4+12) months from the date of

signing of the agreement, which include 4 (four) months for submission of reports and

12 (twelve) months for assistance during implementation period.

“Consortium” shall mean the combination of a maximum of Two (2) or more

entities coming together for submission of a Proposal and as particularly described

under Clause 2.3.1 of the RFP Document.

“Consultant” shall mean bidder whose bid will be accepted by MCD and shall

include such successful bidder, its legal representatives, successors and permitted

assigns.

“MCD” shall mean Municipal Corporation of Delhi, headquartered at Delhi.

“Lead Member” shall mean a specific member in a Consortium duly nominated by

other members of such Consortium as the lead member.

“Letter of Acceptance” shall mean the letter issued by the MCD to the Successful

Bidder for award of the Consultancy Assignment.

“Proposal” shall mean the documents received by MCD from an interested party who

is eligible to submit its proposal in response to this RFP Document for the

Consultancy Assignment.

“RFP Document” shall mean the documents set out in Clause 2.7 including all the

Appendices, Annexures and Schedules thereof and any amendments thereto made in

accordance with the provisions contained in this document.

“Successful Bidder” shall mean the Bidder for award of the Consultancy

Assignment.

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2.2. Scope of Proposal

2.2.1. MCD wishes to seek responses to the RFP Document in the form of proposal

(“Proposal”) in terms of Clause 1.1 of ITB.

2.2.2. The Proposals would be evaluated on the basis of the evaluation criteria set out in this

Request for Proposal (RFP) Document (hereinafter referred to as the “Evaluation

Methodology”) in order to identify the Successful Bidder for the Consultancy

Assignment (hereinafter referred to as the “The Consultant”). The Successful Bidder

would then be required to enter into an agreement (hereinafter the “Contract

Agreement”) with MCD as per the draft set forth in Part – III of this RFP Document

and perform the obligations as stipulated therein, in respect of the Consultancy

Assignment.

2.2.3. Terms used in this RFP Document which have not been defined herein shall have the

meaning ascribed thereto in the draft Contract Agreement.

2.2.4. Pursuant to the release of this RFP Document, MCD shall receive Proposals, prepared

and submitted in accordance with the terms set forth in this RFP Document and other

documents to be provided to MCD pursuant to this RFP Document including

annexure thereto (collectively referred to as the "Bidding Documents"), as modified,

altered, amended and clarified from time to time by MCD.

2.2.5. The Bidding Documents including this RFP Document and all attached documents are

and shall remain the property of MCD and are transmitted to the Bidders solely for

the purpose of preparation and the submission of their respective Proposal in

accordance herewith. Bidders are to treat all information as strictly confidential and

shall not use it for any purpose other than for preparation and submission of their

Proposal. MCD will not return any Proposal or any information provided along

therewith.

2.2.6. The statements and explanations contained in this RFP Document are intended to

provide an understanding to the Bidders about the subject matter of this RFP

Document and shall not be construed or interpreted as limiting in any way or manner

whatsoever the scope of services, work and obligations of the Successful Bidder to be

set forth in the Contract Agreement or MCD‟s right to amend, alter, change,

supplement or clarify the scope of service and work, the Contract to be awarded

pursuant to the RFP Document including the terms thereof, and this RFP Document

including terms herein contained. Consequently, any omissions, conflicts or

contradictions in the Bidding Document including this RFP Document are to be

noted, interpreted and applied appropriately to give effect to this intent and no claim

on that account shall be entertained by MCD.

2.2.7. Bidders may note that MCD will not entertain any deviations to the RFP Document at

the time of submission of the Proposal or thereafter. The Proposal to be submitted by

the Bidders will be unconditional and unqualified and the Bidders would be deemed

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including the terms and conditions of the draft Contract Agreement. Any conditional

Proposal shall be regarded as non-responsive and would be liable for rejection.

2.2.8. Conditional or incomplete proposal are liable to be treated as non-responsive and

thereafter rejected.

2.2.9. This RFP Document is not transferable.

2.3. Eligible Bidders

2.3.1. Eligible Bidders: Any legal entity including a company / partnership firm / limited

liability partnership firm / sole proprietorship incorporated under the relevant Indian

laws.

A bidder may submit the bid as Consortium through Lead Member. In case of

consortium, the lead member has to fulfil the Technical and Financial criteria, and the

only lead member will be considered for evaluation by MCD.

2.3.2. The Bidder should submit a Power of Attorney as per the format enclosed at

Appendix 3, authorising the signatory of the Proposal to commit the Bidder.

2.3.3. Notwithstanding anything stated elsewhere in these documents, MCD shall have the

right to seek updated information from the Bidders to ensure their continued

eligibility. Bidders shall provide evidence of their continued eligibility in a manner

that is satisfactory to MCD. A Bidder may be disqualified if it is determined by MCD,

at any stage of the process, that the Bidder will be unable to fulfil the requirements of

the Consultancy Assignment or fails to continue to satisfy the eligibility criteria.

Supplementary information or documentations may be sought from Bidders at any

time and must so be provided within a reasonable timeframe as stipulated by MCD.

2.3.4. A Bidder or member of Consortium which has earlier been barred by MCD/ any other

entity of GOI or GNCTD or blacklisted by any state government or central

government / department / agency in India from participating in Bidding Process shall

not be eligible to submit a Proposal, either individually or as member of a

Consortium, if such bar subsists as on the Proposal Due Date. The Bidder or the

member of Consortium shall be required to furnish an affidavit that there is no such

bar imposed and existing as on the Proposal Due Date as per format provided in

Appendix 8.

2.4. Number of Proposals

2.4.1. Each Bidder shall submit only one (1) Proposal in response to this RFP Document.

Any entity, which submits or participates in more than one Proposal will be

disqualified and will also cause the disqualification of Consortium in which it is a

member.

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2.5.1. The Bidder shall be responsible for all the costs associated with the preparation of its

Proposal and its participation in the bidding process. MCD will not be responsible or

in any way liable for such costs, regardless of the conduct or outcome of bidding.

2.6. Verification of Documents

2.6.1. MCD reserves the right to verify all statements, information and documents submitted

by the Bidder in response to the RFP Document. Failure of the MCD to undertake

such verification shall not relieve the Bidder of its obligations or liabilities hereunder

nor will it affect any rights of MCD thereunder.

2.7. Contents of RFP Document

2.7.1. The RFP Document consists of three Parts as listed below and would include any

addenda issued in accordance with Clause 2.9.1.

Part I Instructions to Bidders

Part II Terms of Reference and Scope of Services

Part III Draft Contract Agreement

2.8. Clarifications by Bidders

2.8.1. Bidders requiring any clarification on the RFP Document may notify MCD in writing

or by facsimile within such date as specified in the Schedule of Bidding Process set

forth in Appendix 1. MCD may at its sole discretion, forward to all Bidders, copies of

MCD‟s response, including a description of the enquiry but without identifying its

source. The envelopes / communication shall clearly bear the following identification

/ title (refer Clause 2.19.4):

"Queries/Request for Additional Information:

“RFP Document Appointment of Consultant to Undertake the Work of Assessing

Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in Municipal

Corporation of Delhi”

2.8.2. The MCD shall endeavour to respond to the questions raised or clarifications sought

by the Bidders. However, the MCD reserves the right not to respond to any question

or provide any clarification, in its sole discretion, and nothing in this Clause shall be

construed, taken or read as compelling or requiring the MCD to respond to any

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2.8.3. The MCD may also on its own, if necessary, issue interpretations and clarifications to

all Bidders. All clarifications and interpretations issued by the MCD shall be deemed

to be part of the Bidding Documents if the same is in writing. Verbal clarifications

and information given by the MCD or their employees, advisors or representatives

shall not in any way or manner be binding on the MCD.

2.9. Amendment of RFP Document

2.9.1. At any time prior to the Proposal Due Date, the MCD may, for any reason, whether at

its own initiative or in response to clarifications requested by a Bidder, modify the

RFP Document by issue of Addenda.

2.9.2. Any Addendum thus issued will be in writing to all those who have purchased the

RFP Document and to those who have downloaded the RFP Document from the

website and have duly intimated this fact to authorized person as per Clause 2.10.5

giving their particulars including address for communication by fax/post. The

Addendum may be issued by MCD in writing or by any standard electronic means

such as email or by uploading on the website. Bidders are advised to visit the website

(www.mcdonline.gov.in / www.dimts.in) regularly to keep themselves updated.

2.9.3. In order to afford the Bidders reasonable time in which to take an Addendum into

account, or for any other reason, the MCD may, at its own discretion, extend the

Proposal Due Date.

2.9.4. The MCD may in its sole discretions and without assigning any reason modify, alter

or amend all or any part of the Schedule of Bidding Process by issue of addendum to

the RFP Document.

2.10. Pre-Proposal Meeting

2.10.1. To clarify and discuss issues with respect to the Consultancy Assignment and the RFP

Document, a Pre-Proposal meeting will be held as per the details provided in

Appendix 1.

2.10.2. Prior to the Pre-Proposal meeting/s, the Bidders may submit a list of queries and

propose deviations, if any, to the Consultancy Assignment requirements and/or the

draft Contract Agreement. Bidders must formulate their queries and forward the same

to MCD prior to the meeting in terms of schedule set out in Appendix 1. MCD may,

as may be considered acceptable at its sole discretion, amend the RFP Document

based on inputs provided by Bidders.

2.10.3. MCD will endeavor to hold the meeting as per Schedule of Bidding Process. Any

change in the schedule of Pre-proposal meeting will be separately communicated by

posting on the web sites (www.mcdonline.gov.in / www.dimts.in).

2.10.4. Attendance of the Bidders at the Pre-Proposal meeting is not mandatory. MCD will

endeavor to respond to all queries from all Bidders, irrespective of attendance of the

Bidder in the Pre-Proposal meeting.

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2.10.5. All correspondence / enquiries/ request for clarifications should be submitted to the

following in writing by fax /post / courier:

SUBJECT: RFP for Appointment of Consultant to Undertake the Work of

Assessing Manpower Requirement for Group „C‟ and „D‟

Categories of Employees in Municipal Corporation of Delhi.

ADDRESS: AGM (Technical)

Delhi Integrated Multi-Modal Transit System Limited (DIMTS)

1st Floor Maharana Pratap ISBT Building,

Kashmere Gate,

Delhi – 110006

Tel. : +91-11-43090100 Fax: +91-11-23860966

Email: [email protected]

2.10.6. No interpretation, revision, or other communication from MCD regarding this

solicitation is valid unless in writing and is signed by Commissioner, Municipal

Corporation of Delhi or its authorised representative. MCD may choose to send to all

Bidders, written copies of MCD‟s responses, including a description of the enquiry

but without identifying its source to all the Bidders.

2.11. Miscellaneous – Other Provisions

2.11.1. The Bidding Process shall be governed by, and construed in accordance with, the laws

of India and the Courts at Delhi shall have jurisdiction over all disputes arising under,

pursuant to and/ or in connection with the Bidding Process.

2.11.2. MCD, in its sole discretion and without incurring any obligation or liability, reserves

the right to:

a) suspend and/or cancel the Bidding Process and/or amend and/or supplement the

Bidding Process or modify the dates or other terms and conditions relating

thereto;

b) qualify or not to qualify any Bidder and/or to consult with any Bidder in order to

receive clarification or further information;

c) retain any information and/or evidence submitted to MCD by, on behalf of, and/

or in relation to any Bidder;

d) independently verify, disqualify, reject and/ or accept any and all submissions or

other information and/or evidence submitted by or on behalf of any Bidder; and

2.11.3. It shall be deemed that by submitting the Proposal, the Bidder agrees and releases

MCD, 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.

mailto:[email protected]


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2.12. Disqualification

2.12.1. Even if the Bidder meets the guidelines as set forth in this RFP Document, MCD at its

discretion can disqualify the Bidder if:

a) the Bidder has been debarred by any state or central government or government

agency in any country; or

b) the Bidder has made misleading or false representation in the forms, statements

and attachments submitted; or

c) the Bidder has a record of poor performance during the last three (3) years such as

consistent history of litigation / arbitration award against the Bidder / any of its

constituents or financial failure due to bankruptcy, etc.; or

2.12.2. Upon submission of the Proposal it would be deemed that the Bidder has prior to the

submission thereof :

(a) made a complete and careful examination of the terms and conditions/

requirements, and other information set forth in this RFP Document and other

Bidding Documents;

(b) received all such relevant information as it has requested from MCD;

(c) acknowledged and accepted the risk of inadequacy, error or mistake in the

information provided in any of the Bidding Documents or furnished by or on

behalf of the MCD relating to any of the matters referred to in the Bidding Process

including Bidding Documents;

(d) acknowledged and agreed that inadequacy, lack of completeness or incorrectness

of information provided in the Bidding Documents or ignorance of any of the

matters referred to in the RFP, and any amendments thereof, shall not be a basis

for any claim for compensation, damages, extension of time for performance of its

obligations, loss of profits etc. from the MCD or a ground for termination of the

Contract Agreement; and

(e) agreed to be bound by the undertakings provided by it under and in terms hereof.

2.12.3. The MCD shall not be liable for any mistake or error or neglect by the Bidder in

respect of the above.

2.12.4. The Bidders and their respective officers, employees, agents and advisers shall

observe the highest standard of ethics during the Bidding Process and subsequent to

the issue of the LOA and during the subsistence of the Contract Agreement.

Notwithstanding anything to the contrary contained herein or in the LOA or the

Contract Agreement, the MCD shall reject a Proposal, withdraw the LOA, or

terminate the Contract Agreement, as the case may be, without being liable in any

manner whatsoever to the Bidder or the Consultant, as the case may be, if it

determines that the Bidder or Consultant, as the case may be, has directly or indirectly

or through an agent, engaged in any corrupt practice, fraudulent practice, coercive


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practice, undesirable practice or restrictive practice in the Bidding Process. In such an

event, the MCD shall forfeit and appropriate the Bid Security or Performance

Security, as the case may be, as mutually agreed genuine pre-estimated compensation

and damages payable to MCD towards, inter alia, time, cost and effort of the MCD,

without prejudice to any other right or remedy that may be available to the MCD

hereunder or otherwise.

2.12.5. Without prejudice to the rights of the MCD under Clause 2.12.4 hereinabove and the

rights and remedies which the MCD may have under the LOA or the Contract

Agreement, if a Bidder or Consultant, as the case may be, is found by the MCD to

have directly or indirectly or through an agent, engaged or indulged in any corrupt

practice, fraudulent practice, coercive practice, undesirable practice or restrictive

practice during the Bidding Process, or after the issue of the LOA or the execution of

the Contract Agreement, such Bidder or Consultant shall not be eligible to participate

in any tender or RFP Document issued by MCD during a period of five years from the

date such Bidder or Consultant, as the case may be, is found by the MCD to have

directly or indirectly or through an agent, engaged or indulged in any corrupt practice,

fraudulent practice, coercive practice, undesirable practice or restrictive practices, as

the case may be.

2.12.6. For the purposes of Clauses 2.12.4 and 2.12.5 above, the following terms shall have

the meaning hereinafter respectively assigned to them:

a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly

or indirectly, of anything of value to influence the actions of any person connected

with the Bidding Process (for avoidance of doubt, offering of employment to or

employing or engaging in any manner whatsoever, directly or indirectly, any

official of the MCD who is or has been associated in any manner, directly or

indirectly with the Bidding Process or the LOA or has dealt with matters

concerning the Contract Agreement or arising therefrom, 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

MCD, shall be deemed to constitute influencing the actions of a person connected

with the Bidding Process); or (ii) engaging in any manner whatsoever, whether

during the Bidding Process or after the issue of the LOA or after the execution of

the Contract Agreement, as the case may be, any person in respect of any matter

relating to consultancy assignment or the LOA or the Contract Agreement, who at

any time has been or is a legal, financial or technical adviser of the MCD in

relation to any matter concerning the tender;

b) “fraudulent practice” means a misrepresentation or omission of facts or

suppression of facts or disclosure of incomplete facts, in order to influence the

Bidding Process ;

c) “coercive practice” means impairing or harming, or threatening to impair or harm,

directly or indirectly, any person or property to influence any person‟s

participation or action in the Bidding Process;


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d) “undesirable practice” means establishing contact with any person connected with

or employed or engaged by the MCD with the objective of canvassing, lobbying

or in any manner influencing or attempting to influence the Bidding Process.


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B. Preparation and Submission of Proposal

2.13. Language

2.13.1. The Proposal and all related correspondence and documents shall be written in the

English language. The Supporting documents and printed literature furnished by the

Bidder with the Proposal may be in any other language provided that they are

accompanied by a true and correct official translation into English and duly stamped.

Supporting materials that are not translated into English may not be considered for

evaluation of the Proposal. For the purpose of interpretation and evaluation of the

Proposal, the English language translation shall prevail.

2.14. Currency

2.14.1. The currency for the purpose of the Proposal shall be the Indian Rupee (INR).

2.15. Bid Security

2.15.1. Proposals shall be accompanied by a Bid Security for an amount of Rs. 25,00,000/-

(Rupees Twenty Five Lakhs only) for the Consultancy Assignment. No relaxation of

any kind in Bid Security shall be given to any Bidder.

2.15.2. The Bid Security shall remain valid for a period of 45 days beyond the original

validity period of bids, and would need to be extended, if so required by the MCD, for

any extension in Proposal Validity Period.

2.15.3. The Bid Security shall be in the form of an irrevocable Bank Guarantee issued by a

nationalized Bank in India, in favour of “Commissioner, Municipal Corporation of

Delhi” encashable at Delhi, as per the format set out in Appendix 9 or in the form of a

demand draft issued by a bank in India, drawn in favour of Commissioner, Municipal

Corporation of Delhi and payable in Delhi. MCD shall not be liable to pay any

interest on the Bid Security and the same shall be interest free

2.15.4. The Bid Security shall be returned to unsuccessful Bidders on the signing of Contract

Agreement for the Consultancy Assignment. The Bid Security, submitted by the

Successful Bidder, shall be released:

(a) upon signing of the Contract Agreement with the Successful Bidder; and

(b) upon furnishing a Performance Guarantee for an amount mentioned in the

Contract Agreement;

2.15.5. The Bid Security shall be liable to be forfeited as mutually agreed genuine pre-

estimated compensation and damages to the MCD in the following cases:


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(a) If the Bidder withdraws its Proposal except as provided in Clause 2.22.1 ; or

(b) If the Bidder modifies or withdraws its Proposal during the interval between the

Proposal Due Date and expiration of the Proposal Validity Period; or

(c) If the Bidder fails to accept the LOA within the stipulated time period as

provided in Clause 3.10.1; or

(d) In case the Successful Bidder fails to sign the Contract Agreement within the

specified time limit or any extension thereof; or

(e) In case the Selected Bidder, having signed the Contract Agreement, commits

any breach therefor prior to the furnishing of the Performance Security; or

(f) If the Successful Bidder fails to furnish the Performance Security within the

specified time limit prescribed therefor in the Contract Agreement; or

(g) If any information or document furnished by the Successful Bidder turns out to

be misleading or untrue in any material respect; or

(h) If a Bidder engages in a corrupt, fraudulent, coercive, undesirable or restrictive

practice as specified in Clauses 2.12.4 to 2.12.6 of this RFP Document; or

2.16. Validity of Proposal

2.16.1. The Proposal shall indicate that it would remain valid for a period not less than 120

days from the Proposal Due Date (herein the “Proposal Validity Period”). The MCD

reserves the right to reject any Proposal that does not meet this requirement.

2.16.2. Prior to expiry of the Proposal Validity Period, the MCD may request that the Bidders

extend the period of validity for a specified additional period. A Bidder may refuse

the request without forfeiting its Bid Security. A Bidder agreeing to the request will

not be allowed to modify its Proposal, but would be required to extend the validity of

its Bid Security for the period of extension and comply with Clause 2.15 of this

document in all respects. A Bidder refusing the request shall not be eligible to

participate in the Bidding process and his Proposal shall be returned.

2.16.3. The Successful Bidder shall extend the Proposal Validity Period till the date of

execution of the Contract Agreement.

2.17. Bidders Responsibility

2.17.1. The Bidder is expected to examine carefully the contents of all the documents

provided. Failure to comply with the requirements of RFP Document will be at the

Bidder‟s own risk.

2.17.2. It would be deemed that prior to the submission of Proposal, the Bidder has:

a) made a complete and careful examination of requirements, and other

information set forth in this RFP Document;

b) received all such relevant information as it has requested from MCD; and


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c) made a complete and careful examination of the various aspects of the

Consultancy Assignment including but not limited to:

(i) all details related to the Category „C‟ and „D‟ employees in MCD;

(ii) all other matters that might affect the Bidder‟s performance under the

terms of this RFP Document;

(iii) a diligent scrutiny and is in conformity with the terms and conditions of

the draft Contract Agreement;

(iv) clearances required to be obtained for the Consultancy Assignment; and

(v) applicable laws and regulations in force in India.

2.17.3. MCD and / or its consultants shall not be liable for any mistake or error or neglect by

the Bidder in respect of the above.

2.18. Format and Signing of Proposal

2.18.1. Bidders shall provide all the information as per this RFP Document and in the

specified formats. MCD reserves the right to reject any Proposal that is not in the

specified formats.

2.18.2. The Proposal should be submitted in two parts:

Part 1 : Technical Submissions, which would include:

i.) Covering Letter cum Consultancy Assignment Undertaking as per

Appendix 2 stating the Proposal Validity Period.

ii.) Power of Attorney for Signing of the Proposal as in Appendix 3.

iii.) In case of Consortium, Power of Attorney for designating of the Lead

Member of Consortium as in Appendix 4. Each of the signatories of

the Power of Attorney for designating of the Lead Member of

Consortium must also be duly authorized.

iv.) Details of Bidder (in case of Consortium, this would need to be

provided by all the members) as in Appendix 5.

v.) Completed format of Financial Capability of the Bidder (in case of

Consortium, Financial Capability of all the members) as in

Appendix 6.

vi.) Completed format of Performance Statement of Bidder (in case of

Consortium, Performance Statement of all members) as in

Appendix 7.

vii.) Format for Affidavit Certifying that Business Entity / Promoter/s /

Director/s of Business Entity are not Blacklisted / Barred (as in

Appendix 8).

viii.) Proof of registration of the Bidder (in case of Consortium, proof of

registration of all the Members)

ix.) A photocopy of the receipt of the payment towards the cost of RFP

Document is to be enclosed or Demand Draft if RFP document is

downloaded from the website.

x.) Bid Security as per Appendix 9.

xi.) Undertaking of No deviations and exceptions in Terms of Reference.


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xii.) Undertaking of No Statement of deviations and exceptions in

commercial terms as per RFP.

xiii.) Supporting documents as per requirement of Clause 3.2 of RFP.

xiv.) Description of Approach, Methodology and Work Plan for Performing

the Assignment, Team Structure and Manning Schedule as per

Appendix 13 14 and 15 xv.) An indicative Check List has been included at Appendix 16 of this

RFP document. This has been designed to help the Bidders in

submitting the bids complete in all respect. The Bidders must fill this

Check List and submit along with their bid in their own interest. Any

other documents required as per any other clause of the RFP

Documents have to be submitted alongwith the Bid even if not

indicated in the aforesaid Check List.

Part 2: Price Proposal (To be submitted in a separate envelope)

i. Price Proposal as per the format set out in Appendix 10.

ii. Summary of Price Proposal as per the format set out in Appendix 10A.

2.18.3. The Bidder shall prepare one original of the documents comprising the Proposal as

described in Clause 2.18.2, clearly marked “ORIGINAL”. In addition, the Bidder

shall make one (1) copy of the Technical Submissions (Part I), clearly marked

“COPY”. In the event of any discrepancy between the original and the copies, the

original shall prevail. There will be no copies of the Price Proposal (Part II). Price

Proposal shall be submitted separately in a single cover which should be marked as

Price Proposal (Part II).

2.18.4. The Proposal and its copy shall be typed or printed in indelible ink and the Bidder

shall initial each page. All the alterations, omissions, additions, or any other

amendments made to the Proposal shall be initialled by the person signing the

Proposal. All pages of the Proposal must be serially numbered.

2.19. Sealing and Marking of Proposal

2.19.1. The Bidder shall seal the Technical Submissions and the Price Proposals, in separate

envelopes, duly marking the envelopes as “TECHNICAL SUBMISSIONS” and

“PRICE PROPOSAL” respectively. These envelopes shall then be sealed in an outer

envelope. In case RFP Document has been downloaded from the website, the outer

envelope shall clearly be marked as “Downloaded from the Website”.

2.19.2. The original and the copies of the Proposal shall be provided in separate envelopes,

duly marking the outer envelopes as “ORIGINAL” and “COPY” respectively.

2.19.3. Each envelope shall indicate the name and address of the Bidder (In case of a

Consortium the name and address of the Lead Member).

2.19.4. All the envelopes shall clearly bear the following identification:


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“RFP for Appointment of Consultant to Undertake the Work of Assessing

Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in

Municipal Corporation of Delhi”

“To be opened by Tender Opening Committee only”

and

“Submitted by

Name, Address and Contact Phone No. of the Bidder”

2.19.5. The envelope shall be addressed to:

ATTN. OF: Commissioner, Municipal Corporation of Delhi

ADDRESS: C/o Delhi Integrated Multi-Modal Transit System Limited (DIMTS)


Kashmere Gate,

Delhi – 110006

Tel. : +91-11-43090100, Fax: +91-11-23860966

2.19.6. If the envelope is not sealed and marked as instructed above, the Proposal may be

deemed to non-responsive and would be liable for rejection. MCD assumes no

responsibility for the misplacement or premature opening of such Proposal.

2.20. Proposal Due Date

2.20.1. Proposals should be submitted on or before the Proposal Due Date mentioned in the

Schedule of Bidding Process, set forth in Appendix 1 to the address provided in

Clause 2.19.5 in the manner and form as detailed in this RFP Document. For the

purposes of this RFP Document the “Proposal Due Date” shall mean the time and date

for submission of the Proposal as set out in the Schedule of Bidding Process contained

in Appendix 1. Proposals submitted by facsimile transmission or telex or email will

not be acceptable.

2.20.2. The MCD, at its sole discretion, may extend the Proposal Due Date by issuing an

Addendum in accordance with Clause 2.9.

2.21. Late Proposals

2.21.1. Any Proposal received by the MCD after the prescribed dead-line (Proposal Due Date

& Time) will be summarily rejected and returned unopened to the Bidder.


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2.22. Modification and Withdrawal of Proposals

2.22.1. The Bidder may modify or withdraw its Proposal after submission, provided that

written notice of the modification or withdrawal is received by the MCD before the

Proposal Due Date. No Proposal shall be modified or withdrawn by the Bidder after

the Proposal Due Date.

2.22.2. The Bidder‟s modification or withdrawal notice shall be prepared, sealed, marked and

delivered in accordance with the provisions of Clause 2.18 and 2.19 with outer

envelopes additionally marked “MODIFICATION” or “WITHDRAWAL” and also

“TECHNICAL SUBMISSIONS” or “PRICE PROPOSAL” as appropriate.

2.22.3. Notwithstanding anything to the contrary contained in this RFP Document any

modification or withdrawal of a Proposal during the interval between the Proposal

Due Date and expiration of the Proposal Validity Period would result in forfeiture of

the Bid Security as mutually agreed genuine pre-estimated compensation and

damages in accordance with Clause 2.15.5 of this RFP Document.

2.23. Confidentiality

2.23.1. Information relating to the examination, clarification, evaluation and recommendation

for the short listed Bidders shall not be disclosed to any person not officially

concerned with the process or is not a retained professional adviser advising the MCD

in relation to or matters arising out of or concerning the Bidding Process. The MCD

will treat all information submitted as part of Proposal in confidence and will take all

reasonable steps to ensure that all who have access to such material treat the same in

confidence. The MCD will not divulge any such information unless it is ordered to do

so by a court or by any statutory, regulatory or Government authority or agency that

has the power to require its disclosure or is to enforce or assert any claim, right or

privilege of the MCD or defend any claim, action or proceedings against it.

2.24. Clarifications Sought by MCD

2.24.1. To assist in the process of evaluation of Proposals, the MCD may, at its sole

discretion, ask any Bidder for any clarification on or with respect to its Proposal. The

request for clarification and the response shall be communicated by Letter/Fax/Email.

The Bidder in such cases would need to provide the requested clarification /

documents promptly and within one (01) day or such timeframe as given by MCD, of

the request to the satisfaction of the MCD. It is in the interest of the bidder to provide

reply within the timeframe, failing which MCD will not accept the said information.

No change in the substance of the Proposal would be permitted by way of such

clarifications.

2.25. Cost of RFP Document

2.25.1. The RFP document package is priced at Indian Rupees (INR) 10,000 (Rupees Ten

Thousand only) payable in the form of a Demand Draft drawn in favour of Municipal

Corporation of Delhi, Delhi payable at Delhi. The Bidders who are downloading the

RFP Document from MCD/DIMTS Website shall deposit the said cost of the RFP


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Document (in the form of a Demand Draft only) alongwith the Bid. In the event of

failure to deposit the requisite cost by such Bidder, his Bid shall not be processed

further.

2.26. Consultant(s) or Advisor(s)

2.26.1. To assist in the examination, evaluation, and comparison of Proposals, the MCD may

utilise the services of consultant/s or advisor/s.

2.26.2. No entity including the Bidders can hold and the MCD shall not be bound by the

opinion or advice given by any Consultant or advisor referred to in Clause 2.26.1. The

final determination as regards the Proposal shall vest with the MCD.


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3. Criteria and Methodology for

Qualification and Evaluation

A. General

3.1. Qualification Parameters

3.1.1. The Bidder‟s competence and capability is proposed to be established by following

parameters:

(a) Experience and technical capability of Bidder necessary to execute the

Consultancy Assignment, evaluated in terms of the criteria outlined in the

Qualification requirements specified in Clause 3.2.

(b) Financial Capability of the Bidder, evaluated in terms of net worth and

turnover of the Bidder specified in Clause 3.3.

3.1.2. The Bidder would be required to meet the qualification criteria as detailed in Clause

3.2 and 3.3. A Bidder who meets the requisite qualification criteria will be qualified

and referred as “Shortlisted Bidder” and the Price Proposals of only such Shortlisted

Bidders shall be opened, upon due intimation to such Shortlisted Bidders by MCD.

3.2. Experience and Technical Capability Criteria

3.2.1. The Bidder (in case of a single business entity) or Lead Member (in case of

Consortium) shall meet the following Experience criteria of successfully completing

similar assignments during last five years ending last day of the month previous to the

one in which applications are invited and should be one of the following:

i. Three similar completed assignments costing not less than amount equal to

Rs 1.6 Crores each.

OR

ii. Two similar completed assignments costing not less than amount equal to

Rs 2.0 Crores each.

OR

iii. One similar completed assignments costing not less than amount equal to

Rs. 3.2 Crores.

Note: Similar assignment would cover Manpower audit and manpower study which

may include detailed analysis, manpower requirement and competency mapping of

SE

CT

IO

N

3


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various roles/jobs across hierarchies and defining the purpose of the job, job duties,

and responsibilities.

3.2.2. The bidder should have the experience of completing atleast one similar project with

similar scope of work for any Central Govt. agency/ State Govt./Local Self

Govt./Municipalities/Public Sector Undertaking having atleast 10,000 number of

employees at the time when the assignment was undertaken

OR

The experience of completing atleast one similar project with similar scope of work

for any Organization / Corporation with a annual turnover of not less Rs. 100 crores

during the period when the assignment was undertaken.

3.2.3. For technical evaluation, the experience of bidder in India will be considered.

3.2.4. The Bidder must submit details of experience and past performance of work of similar

nature within the past five years and details of current contracts in hand and other

commitments (suggested Performa given in Appendix 7).

3.2.5. The Bidder must submit other details - No. of Full Time Consultants

Working/Employed in the Firm (Appendix 13); Detail/Information of the Team and

the Task which would be Assigned to Each Member and the Team Leader

(Appendix 14); and Description of Approach, Methodology and Work Plan for

Performing the Assignment (Appendix 15). The same should be conform to the

requirement set forth in Part II – Terms of Reference and Scope of Services

3.2.6. Bidders shall invariably furnish copies of contracts, Client's certificate of the

satisfactory performance, copy of certificate of incorporation.

3.3. Financial Capability Criteria

3.3.1. The Bidder (in case of a single business entity) or lead member (in case of

Consortium) shall meet the following financial criteria:

(a) Minimum net worth (NW)1 of Rs. 01 (One) Crores as on March 31, 2010. (Ref.

Appendix 6).

(b) Minimum annual sales turnover of Rs. 05 (Five) Crores in each of the three (3)

preceding financial years, i.e. 2007-08, 2008-09 and 2009-10 (Ref. Appendix 6).

The Bidders should provide information regarding the above based on audited

annual accounts for the respective financial years. The financial year would be the

same as the one normally followed by the Bidder for its Annual Report. It should be

duly certified by the statutory auditor of the company.

1 Net Worth = (Subscribed and Paid-up equity + Reserves + Share Allotment Money Already Received +

Preference Shares (including Redeemable) + Convertible Debentures but excluding Warrants - (Revaluation

reserves + Miscellaneous expenditure not written off)


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3.3.2. The Proposal must be accompanied by the audited annual financial statements of the

Bidder (in case of Consortium, financials of Lead Member would be considered for

evaluating the financial capability) for the last three (3) financial years.

3.3.3. It is expected that bidder has audited financial statement for year 2009-10. In case the

annual accounts for the latest financial year are not audited and therefore the Bidder

could not make it available, the Bidder shall give an undertaking to that effect and the

statutory auditor shall certify the same. In such a case, the Bidder may provide the

unaudited Annual Accounts (with Schedules) for the latest financial year. In any case,

the Audited Annual Financial Statements for two years preceding the latest financial

year would have to be provided, failing which the Proposal will be rejected as non-

responsive.


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B. Evaluation Methodology

3.4. Opening of Proposal

3.4.1. MCD shall open the envelope labelled “Part I: Technical Submissions” on the

Proposal Due Date and time, or at an appropriate time on the extended date for

submission of Proposals as may be notified, at the venue specified below:

Venue: Delhi Integrated Multi-Modal Transit System Limited (DIMTS)


Kashmere Gate,

Delhi – 110006

Tel. : +91-11-43090100, Fax: +91-11-23860966

3.4.2. The above envelope shall be opened in the presence of Bidders‟ representatives, who

choose to attend. Bidders‟ representatives attending the Proposal opening shall bring

an authorisation letter from the Bidder and register to evidence their presence.

3.4.3. The following information shall be announced at the Proposal opening and recorded:

a) Bidders‟ names; and

b) Particulars of the Bid Security.

3.4.4. MCD shall intimate Bidders in case of any change in the date or venue of opening of

“Part I” of the Proposal.

3.4.5. Any information contained in the Proposal shall not in anyway be construed as

binding on MCD, its agents, successors or assigns, but shall be binding against the

Bidder if the Consultancy Assignment is subsequently awarded to it under the

Bidding Process on the basis of such information.

3.4.6. At the time of bid submission, bid security amount is must. MCD will screen the bid

security at the time of opening of technical proposal.

3.4.7. Any bid not accompanied with valid bid security / EMD in the acceptable form will

be summarily rejected by MCD as being non-responsive as per Clause 2.15.

3.5. Test of Responsiveness

3.5.1. Bidders are expected to submit a complete proposal in all respect. The required

documents and details must be included. In the absence of the same, leading to

material deviation or reservation, the bid proposal is liable to be rejected.


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3.5.2. A material deviation or reservation is one

a) which affects in any substantial way, the scope, quality, or performance of the

Consultancy Assignment, or

b) which limits in any substantial way, inconsistent with the RFP Document,

MCD‟s rights or the Bidder‟s obligations under the Contract Agreement, or

c) which would affect unfairly the competitive position of other Bidders presenting

substantially responsive bids.

3.5.3. MCD reserves the right to reject any Proposal which in its opinion is non-responsive

and no request for modification or withdrawal shall be entertained by MCD in respect

of such Proposals.

3.6. Evaluation of Technical Submissions

3.6.1. As part of Qualification Phase, the Technical Submissions as submitted by the

Bidders in Part I, shall be checked for eligibility, technical capability, financial

capability, bid security and other such compliances with the requirements of the RFP

Document. The MCD reserves the right to reject the Proposal of a Bidder without

opening the Price Proposal, if Proposal is not substantially responsive in terms of

Clause 3.5.

3.6.2. Based on evaluation of Technical Submissions, MCD would release a list of Bidders

who meet the qualification criteria set out in this RFP Document for the Consultancy

Assignment.

3.6.3. A list of such aforesaid Bidders shall be prepared and such Bidders shall be informed

that their Proposal has been shortlisted for opening of the Price Proposal.

3.6.4. MCD shall intimate a date for opening of Price Proposals to all Shortlisted Bidders

and invite them for opening of the Price Proposals. Attendance to such opening of

Price Proposals is not mandatory. However, MCD shall not entertain any claim of

whatsoever nature in case a Bidder does not attend the meeting for opening of Price

Proposals of Shortlisted Bidders.

3.7. Evaluation of Price Proposal

3.7.1. In Phase II, the Price Proposals of all the Bidders who pass the Phase I evaluation will

be opened for the respective Consultancy Assignment in the presence of the Bidders‟

representatives who choose to attend. The Bidders‟ representatives who are present

shall be required to sign and record their attendance.

3.7.2. The Bidders should submit Price Proposal in the format set out in Appendix 10.

3.7.3. Proposal of the Bidders for each Consultancy Assignment would be evaluated based

on Lowest (L-1) quotes.


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3.7.4. The Bidder quoting the L-1 quotes for the Consultancy Assignment, i.e. the

Consultancy fee payable by the MCD to Bidder during the Contract period, shall be

declared as the Preferred Bidder for the Consultancy Assignment.

3.7.5. In the event that two or more Bidders quote the same L-1 quotes, MCD may:

i. invite fresh Proposals from such Bidders;

OR

ii. take any such measure as may be deemed fit in its sole discretion, including

annulment of the bidding process.

3.7.6. MCD may either choose to accept the Proposal of the Preferred Bidder or invite him

for negotiations.

3.7.7. Upon acceptance of the Proposal of the Preferred Bidder with or without negotiations,

MCD shall declare the Preferred Bidder as the Successful Bidder.

3.8. Notification

3.8.1. MCD will notify the Successful Bidder by facsimile and by a letter in the format set

out in Appendix 11 (“Draft Letter of Acceptance”) that its Proposal has been

accepted.

3.9. MCD’s Right to Accept or Reject Proposal

3.9.1. MCD reserves the right to accept or reject any or all of the Proposals without

assigning any reason and to take any measure as it may deem fit, including annulment

of the bidding process, at any time prior to award of Consultancy Assignment,

without liability or any obligation for such acceptance, rejection or annulment.

3.9.2. MCD reserves the right to invite revised Price Proposals from Bidders with or without

amendment of the RFP Document at any stage, without liability or any obligation for

such invitation and without assigning any reason.

3.9.3. MCD reserves the right to reject any Proposal if:

a) at any time, a material misrepresentation is made or uncovered;

b) the Bidder does not respond promptly and thoroughly to requests for

supplemental information required for the evaluation of the Proposal;

c) one or more of the pre-qualification conditions have not been met by the Bidder;

d) the Bidder has made a material misrepresentation or such material

misrepresentation is uncovered;

e) the Bidder engages in a corrupt, fraudulent, coercive, undesirable or restrictive

practice; or

3.9.4. If such disqualification / rejection occurs after the Price Proposals have been opened

and the lowest Bidder gets disqualified / rejected, then MCD reserves the right to:


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a) invite fresh Price Proposals from the Bidders;

OR

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

including annulment of the bidding process.

3.9.5. Proposals shall be deemed to be under consideration immediately after they are

opened until such time the MCD makes an official intimation of award/rejection to

the Bidders. While the Proposals are under consideration, Bidders and/or their

representatives or other interested parties are advised to refrain from contacting by

any means the MCD and/or their employees/representatives on matters relating to the

Proposals under consideration.

3.9.6. In case it is found after the issue of the LOA or signing of the Contract Agreement or

after its execution and during the subsistence thereof, including the Contract thereby

granted that :

a) one or more of the pre-qualification conditions have not been met by the Bidder;

b) the Bidder has made a material misrepresentation or such material

misrepresentation is uncovered;

c) the Bidder engages in a corrupt, fraudulent, coercive, undesirable or restrictive

practice; or

then the LOA or the Contract Agreement, as the case may be, shall notwithstanding

anything to the contrary contained therein or in this RFP Document, be liable to be

terminated by a communication in writing by the MCD to the Successful Bidder

without the MCD being liable in any manner whatsoever to the Successful Bidder or

Consultant, as the case may be. In such event, the MCD shall forfeit and appropriate

the Bid Security or Performance Security, as the case may be, as mutually agreed

genuine pre-estimated compensation and damages payable and effect of the MCD,

without prejudice to any other rights or remedy that may be available to the MCD.

3.10. Acknowledgment of Letter of Acceptance (LOA)

and Execution of Contract Agreement

3.10.1. On the basis of evaluation of Proposal, MCD shall issue a Letter of Acceptance

(LOA) to the Successful Bidder set out in Appendix 11. Within seven (7) days from

the date of issue of the LOA, the Successful Bidder shall accept the LOA and submit

to MCD the Acknowledgement Letter in the format set out in Appendix 12.

3.10.2. The Successful Bidder shall execute the Contract Agreement within fifteen (15) days

of the issue of LOA or such time as indicated by MCD.


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3.10.3. MCD will promptly notify other Bidders that their Proposals have been unsuccessful

and their Bid Security will be released as promptly as possible upon signing of the

Contract Agreement with the Successful Bidder.

3.11. Performance Security

3.11.1. The Successful Bidder shall furnish Performance Security, i.e. 10% of the quoted rate

(consultancy fee) valid for 90 days beyond contract period, by way of an irrevocable

Bank Guarantee issued by a Nationalised Bank in India in favour of “Commissioner,

Municipal Corporation of Delhi”, payable at New Delhi as required under the

Contract Agreement, within seven (7) days from the date of issue of LOA.

3.11.2. Failure of the Successful Bidder to comply with the requirements of Clause 3.10.2 or

Clause 3.11.1 shall constitute sufficient grounds for the annulment of the LOA, and

forfeiture of the Bid Security. In such an event, the MCD reserves the right to take

any such measure as may be deemed fit in the sole discretion of the MCD, including

annulment of the Bidding Process.


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Appendix 1: Schedule of Bidding Process

MCD would endeavour to adhere to the following schedule:

Sr.

No Activity Description Date

1 Date of Issue of Bid Invitation Notice (BIN) May 30, 2010

2 Date of Issue of RFP May 31, 2010

3 Pre-proposal meeting* June 04, 2010 at 11.30 Hrs.

4 Date of submission of final queries June 04, 2010 by17.00 Hrs.

5 Proposal Due Date June 22, 2010, upto 1500 hrs

6 Opening of Technical Submissions June 22, 2010, upto 1530 hrs

7 Opening of Price Proposals To be indicated separately

* Venue of the meeting:

Conference Hall, Office of Commissioner


Ambedkar Stadium, Near Delhi Gate,

New Delhi – 110001

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Appendix 2: Format for Covering Letter cum

Consultancy Assignment Undertaking

Date:______________

To

The Commissioner

Municipal Corporation of Delhi,

Head Office,

Delhi

Dear Sir,

Re: Proposal for Appointment of Consultant to Undertake the Work of Assessing

Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in


We have read and understood the Request for Proposal (RFP) Document in respect of the Consultancy

Assignment provided to us by MCD. We hereby submit our Proposal for the captioned Consultancy

Assignment.

1. We are enclosing and submitting herewith our Proposal in one (1) original and one (1) copy, with

the details as per the requirements of the RFP Document, for your evaluation and consideration.

2. The Proposal is unconditional.

3. All information provided in the Proposal and in the Appendices is true and correct.

4. I/ We shall make available to the MCD any additional information it may find necessary or

require to clarify, supplement or authenticate the Proposal.

5. I/ We acknowledge the right of the MCD to reject our Proposal without assigning any reason or

otherwise and hereby waive our right to challenge the same on any account whatsoever.

6. We certify that in the last three years, we/ any of the Consortium Members have neither failed to

perform on any contract, as evidenced by imposition of a penalty or a judicial pronouncement or

arbitration award, nor been expelled from any Consultancy Assignment or contract nor have had

any contract terminated for breach on our part.

7. I/ We declare that:

(a) I/ We have examined and have no reservations to the Bidding Documents, including the

Addendum issued by the MCD.

(b) I/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 Clause 2.12.6 of the RFP Document, in respect of any tender or request for

proposal issued by or any agreement entered into with the MCD or any other public sector

enterprise or any government, Central or State; and

(c) I/ We hereby certify that I/we have taken steps to ensure that in conformity with the

provisions of Clauses 2.12.4 to 2.12.6 of the RFP Document, no person acting for us or on

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our behalf has engaged or will engage in any corrupt practice, fraudulent practice, coercive

practice, undesirable practice or restrictive practice.

8. I/ We understand that you may cancel the Bidding Process at any time and that you are neither

bound to accept any Proposal that you may receive nor to invite the Bidders to submit Proposals

for the Consultancy Assignment, without incurring any liability to the Bidders, in accordance with

Clause 2.11.2 of the RFP Document.

9. I/We declare that we satisfy and meet the requirements as specified in the RFP Document and

eligible to submit a Proposal in accordance with the terms of this RFP Document.

10. I/ We declare that we/ any Member of the Consortium, are/ is not a Member of any [other]

Consortium submitting a Proposal for the Consultancy Assignment.

11. I/ We certify that we have not been convicted by a Court of Law or indicted or adverse orders

passed by a regulatory authority in any matter which could cast a doubt on our ability to

undertake the Consultancy Assignment or which relates to a grave offence that outrages the moral

sense of the community.

12. I/ We further certify that in regard to matters relating to security and integrity of the India, 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.

13. I/ We certify that no investigation by a regulatory authority is pending either against us or against

our CEO or any of our Directors or any shareholder holding not less 10% of our issued and

subscribe equity share capital.

14. I/ We undertake that in case due to any change in facts or circumstances during the Bidding

Process, we are attracted by the provisions of disqualification, we shall intimate the MCD of the

same immediately.

15. We acknowledge and agree that in the event of a change in composition of our Consortium during

the Bidding Process, the same shall be a basis for disqualification of our Consortium by the MCD

forthwith.

16. I/We hereby irrevocably waive any right which we may have at any stage at law or howsoever

otherwise arising or accruing to challenge or question any decision taken by the MCD in

connection with the selection of the Bidder, or in connection with the Bidding Process itself, in

respect of the above mentioned Consultancy Assignment and the terms and implementation

thereof.

17. In the event of my/ our being declared as the Successful Bidder, I/We agree to enter into a

Contract Agreement in accordance with the draft that has been provided to me/us prior to the

Proposal Due Date. We agree not to seek any changes in the aforesaid draft and agree to abide by

the same.

18. I/We have studied all the Bidding Documents carefully and also surveyed the (Consultancy

Assignment and other matters mentioned in the Bidding Documents including in Clause 2.12.2

and 2.17.2 of the RFP Document). We understand that except to the extent as expressly set forth

in the Contract Agreement, we shall have no claim, right or title arising out of any documents or

information provided to us by the MCD or in respect of any matter arising out of or concerning or

relating to the Bidding Process including the award of Contract.

19. The Contract Fee has been quoted by me/us after taking into consideration all the terms and

conditions stated in the RFP Document, draft Contract Agreement, our own estimates of costs and

after a careful assessment of the Consultancy Assignment and all the conditions that may affect

the Proposal.


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20. I/We confirm our having submitted the Bid Security of Rs. 25,00,000 (Rupees Twenty Five Lakhs

only) to the MCD in accordance with the RFP Document. The Bid Security in the form of a

Demand Draft/ Bank Guarantee (strike out whichever is not applicable) is attached.

21. I/We agree and understand that the Proposal is subject to the provisions of the Bidding

Documents. In no case, I/We shall have any claim or right of whatsoever nature if the

Consultancy Assignment / Contract is not awarded to me/us or our Proposal is not opened.

22. I/We agree and undertake to abide by all the terms and conditions of the RFP Document.

23. I/We agree to keep and confirm that our Proposal is valid upto ________ (120 days from Proposal

Due Date).

Dated this ……………………..Day of …………………., 2010.

Name of the Bidder …………………………………………….

Signature of the Authorised Person …………………………………………….

Name of the Authorised Person

Note: On the Letterhead of the Bidder or Lead Member of Consortium.

To be signed by the lead member, in case of a Consortium.


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Appendix 3: Format for Power of Attorney for

Signing of Proposal

(On Non – judicial stamp paper of Rs 100/- or such equivalent

document duly attested by notary public)

Power of Attorney

Know all men by these presents, we …………………………………………… (name and

address of the registered office) do hereby constitute, appoint and authorise Mr. /

Ms.…………………… ………… (name and residential address) who is presently employed

with us and holding the position of ………………………………………. as our attorney, to

do in our name and on our behalf, all such acts, deeds and things necessary in connection

with or incidental to our bid for the Consultancy Assignment envisaging Appointment of

Consultant to Undertake the Work of Assessing Manpower Requirement for Group „C‟

and „D‟ Categories of Employees in Municipal Corporation of Delhi , including signing

and submission of all documents and providing information / responses to Municipal

Corporation of Delhi (“MCD”), representing us in all matters before MCD, and generally

dealing with MCD in all matters in connection with our bid for the said Consultancy

Assignment.

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney

pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid

attorney shall and shall always be deemed to have been done by us.

For

___________________________

(Signature)

(Name, Title and Address)

Accepted

………….. (Signature)

(Name, Title and Address of the Attorney)

Note:

To be executed by the Lead Member in case of a Consortium.

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 common seal affixed in

accordance with the required procedure.

In case the Proposal is signed by an authorised Director of the Bidder, a certified copy of

the appropriate resolution/ document conveying such authority may be enclosed in lieu of

the Power of Attorney.

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Appendix 4: Format for Power of Attorney for Lead

Member of Consortium

(On Non – judicial stamp paper of Rs 100/- or such equivalent document duly attested by notary

public)

Power of Attorney (To be executed by all the members of the Consortium)

Whereas the Municipal Corporation of Delhi (“MCD”) has invited proposals from interested parties

for Appointment of Consultant to Undertake the Work of Assessing Manpower Requirement

for Group „C‟ and „D‟ Categories of Employees in Municipal Corporation of Delhi , (the

“Consultancy Assignment”),

Whereas, the members of the Consortium are interested in bidding for the Consultancy Assignment

and implementing the Consultancy Assignment in accordance with the terms and conditions of the

Request for Proposal (RFP) Document and other connected documents in respect of the Consultancy

Assignment, and

Whereas, it is necessary under the RFP Document for the members of the Consortium to designate the

Lead Member with all necessary power and authority to do for and on behalf of the Consortium, all

acts, deeds and things as may be necessary in connection with the Consortium‟s bid for the

Consultancy Assignment who, acting jointly, would have all necessary power and authority to do all

acts, deeds and things on behalf of the Consortium, as may be necessary in connection the

Consortium‟s bid for the Consultancy Assignment.

NOW THIS POWER OF ATTORNEY WITNESSETH THAT;

We, M/s. ……………… (Lead Member), and M/s ……………… (the respective names and

addresses of the registered office) do hereby designate M/s. ………………………………… being

one of the members of the Consortium, as the Lead Member of the Consortium, to do on behalf of the

Consortium, all or any of the acts, deeds or things necessary or incidental to the Consortium‟s bid for

the Consultancy Assignment, including submission of Proposal, participating in conferences,

responding to queries, submission of information/ documents and generally to represent the

Consortium in all its dealings with MCD, any other Government Agency or any person, in connection

with the Consultancy Assignment until culmination of the process of bidding and thereafter till the

Contract Agreement is entered into with MCD.

We hereby agree to ratify all acts, deeds and things lawfully done by Lead Member, our said attorney

pursuant to this Power of Attorney and that all acts deeds and things done by our aforesaid attorney

shall and shall always be deemed to have been done by us/Consortium.

Dated this the ……Day of …….2010

…………………………………

(Executants)

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Note: 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 common seal affixed in accordance with the required procedure.


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Appendix 5: Format for Details of Bidder

1. (a) Name

(b) Country of incorporation/registration2

(c) Address of the registered office, corporate headquarters, and its branch office/s, if any, in

India

(d) Date of incorporation and/or commencement of business.

2. Brief description of the Bidder including details of its main lines of business and proposed

role and responsibilities in this Consultancy Assignment(s).

3. Details of individual/s who will serve as the point of contact / communication with MCD:

(a) Name :

(b) Designation :

(c) Company :

(d) Address :

(e) Telephone Number :

(f) E-Mail Address :

(g) Fax Number :

(h) Mobile Number :

4. Name, Designation, Address and Phone Numbers of Authorised Signatory of the Bidder :

(a) Name :

(b) Designation :

(c) Company :

(d) Address :

(e) Telephone Number :

(f) E-Mail Address :

(g) Fax Number :

(h) Mobile Number :

5. In case of a Consortium:

(a) the information above (1-4) should be provided for all the members of the consortium.

(b) information regarding role of each member should be provided as per table below:

Sr. No. Name of Member Role (Specify Lead Member/ Other Member)

1.

2.

3.

2 Documentary proof of registration.

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Appendix 6: Format for Financial Capability# of the

Bidder

(Rs. in Lakhs)

Bidder* Net Worth Annual Turnover

Year 1

(As on -------)

Year 1

(From ---- to ----)

Year 2

(From ---- to -----)

Year 3

(From ---- to -----)

Sole Bidder

OR

Lead Member of

Consortium

Other member 1

Other member 2

Total

# The Bidder should provide the Financial Capability based on its own financial statements.

Financial Capability of the Bidder's parent company or its subsidiary or any associate

company will be considered for computation of the Financial Capability of the Bidder

where the Bidder holds at least 51% of the common equity of subsidiary company as on

March 31, 2010 or Parent Company (i.e. the Parent Company should hold atleast 51% of

the common equity of the Bidder as on March 31, 2010).

* In case the Bidder is a Consortium, Lead Member must satisfy the conditions with regard

to Financial Capability as stated Clause 3.3.

General Instructions:

1. Net Worth = (Subscribed and Paid-up equity + Reserves + Share Allotment Money

Already Received + Preference Shares (including Redeemable) + Convertible

Debentures but excluding Warrants - (Revaluation reserves + Miscellaneous

expenditure not written off)

2. The financial year would be the same as followed by the Bidder for its annual report.

Say, Year 1 is the financial year 2009-10, then Year 2 shall be the year immediately

preceding Year 1 and so on.

3. The Bidder shall provide complete set of the audited annual financial statements

complete with schedules, notes to accounts, auditor‟s report. Failure to do so would

be considered as a non-responsive Proposal.

4. The Bidder should clearly indicate the calculations and references in the financial

statements in arriving at the above numbers in an attached worksheet.

5. Financial statements comprising balance sheet complete with all schedules, profit

and loss statement (income statement) complete with all schedules, notes to

accounts, cash flow statement, and auditor‟s report shall be submitted to support

the financial capability statement. Only audited financial statement shall be

submitted and used for the purpose of evaluation.

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Appendix 7: Assignments Carried out by the Firm

with the Similar Scope of Work

(For a period of last five years)

1 Brief Description of the Organization:

2 Outline of experience on assignments with the similar scope of work :

S. No. Name of

Assignment Client

Date of

Commencement

Date of

Completion

Scope in

brief

Value of work

/assignment

(in Rs.)

1

2

3

3 Assignments Carried out by the Firm with the Similar Scope of Work in Public Sector

Organization/Govt. Organization / Autonomous Bodies / State or central Undertaking

S.

No.

Name of

Assignment Client

Date of

Commencement

Date of

Completion

Scope in

brief

Turnover of

the company /

Number of

Employees

1

2

Dated this ……………………Day of …………………, 2010

……………………………………………Name of the Bidder

……………………………………………Signature of the Authorised Person

……………………………………………Name of the Authorised Person

1. Please attach documentary proof including copy of the order from client, work completion

certificate and supporting documents as per Clause 3.2.2 of ITB at the first instance failing which

the bidder runs the risk of rejection.

2. Assignments allotted to and executed by the bidding firm on independent basis only will be

considered. The assignments performed in collaboration, joint venture, sub consultant or as an

affiliate of the other company will not be considered.

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Appendix 8: Format for Affidavit Certifying that

Entity / Directors of Entity are not Blacklisted

(On a Stamp Paper of relevant value)

Affidavit

I M/s. ……………… (Sole Bidder / Lead Member/ Other Member /s)), (the names and

addresses of the registered office) hereby certify and confirm that we or any of our

promoter/s / director/s are not barred by MCD or GNCTD or blacklisted by any state

government or central government / department / agency in India from participating in

Consultancy Assignment/s, either individually or as member of a Consortium as on the April

01, 2010.

We further confirm that we are aware that as per Clause 2.12, our Proposal for the captioned

Consultancy Assignment would be liable for rejection in case any material misrepresentation

is made or discovered with regard to the requirements of the RFP Document at any stage of

the Bidding Process or thereafter during the Contract Agreement period.

Dated this ……………………..Day of …………………., 2010.

Name of the Bidder

…………………………………………….

Signature of the Authorised Person

…………………………………………….


Note:

To be executed separately by all the Members in case of Consortium

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Appendix 9: Format of Bid Security

(ON BANK‟S LETTERHEAD WITH ADHESIVE STAMP)

To

The Commissioner


Head Office,

Delhi

Bid No. _______ Date of Opening ______

KNOW ALL MEN by these present that we ____________________of

____________________ (Name and address of Bank) having our registered office at

_________________(hereinafter called “the bank”) are bound unto the Commissioner,

Municipal Corporation of Delhi (hereinafter called “the Corporation”) in the sum of Rs.

_____________ (Rupees _____________ only) for which payment truly to be made to the

said Owner, the Bank hereby binds itself, its successors and assigns by these present.

Whereas........................... (NAME OF BIDDER) has submitted its bid dated......................

(date of submission of bid) for the selection of Consultant Undertake the Work of Assessing


Corporation of Delhi in terms of the Corporation‟s RFP No. DIMTS/MCD/2010/01 Due on --

----------------- issued by the Commissioner of Municipal Corporation of Delhi, (hereinafter

called “the Bid”).

AND WHEREAS the Bidder is required to furnish a Bank Guarantee for the sum of

Rs. 25,00,000 (Rs. Twenty Five Lakhs only).

AND WHEREAS__________________(Name of Bank) have, at the request of the Bidder,

agreed to give this guarantee as hereinafter contained without demur.

1. We further agree as follows:

(a) That the Owner may without affecting this guarantee grant time of or other

indulgence to or negotiate further with the Bidder in regard to the conditions

contained in the said bid and thereby modify these conditions or add thereto any

further conditions as may be mutually agreed upon between the Owner and the

Bidder.

(b) That the guarantee hereinbefore contained shall not be affected by any change in the

constitution of our Bank or in the constitution of the Bidder.

(c) That any account settled between the Owner and the Bidder shall be conclusive

evidence against us of the amount due hereunder and shall not be questioned by us.

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(d) That this guarantee commences from the date hereof and shall remain in force till:

(i) the Bidder, in case his bid is accepted by the Owner, executes a Contract

Agreement after furnishing the Performance Guarantee as per the provisions of

the “Instructions to Bidders”, section of the RFP; or

(ii) 165 (One hundred sixty five) days from the proposal submission due date.

(e) That the expression „the Bidder‟ and „the Bank‟ herein used shall, unless such an

interpretation is repugnant to the subject or context, include their respective successor

and assigns.

2. The Conditions on this obligation are:

(a) if the Bidder withdraws his Bid during the period of Bid validity specified in the RFP,

or

(b) if the Bidder does not accept the correction/s of his bid price in terms of the

Instructions to Bidders.

(c) If the Bidder having been notified of the acceptance of his Bid by the Owner during

the period of Bid validity:

I. fails or refuses to furnish the Performance Security in accordance with

Instructions to Bidders and/or

II. fails or refuses to enter into a Contract Agreement within the time limit

specified in the Instructions to Bidders.

We undertake to immediately pay to the Owner in DELHI the above amount upon receipt of

his first written demand, without the Owner having to substantiate his demand provided that

in his demand the Owner will note that the amount claimed by him is due to him owning to

the occurrence of any one or more of the conditions (a), (b) & (c) mentioned above,

specifying the occurred condition or conditions.

SIGNATURE OF _______________

AUTHORISED OFFICIAL OF THE BANK

SIGNATURE OF THE WITNESS NAME OF OFFICIAL______________________

________________________, DESIGNATION__________________________

NAME OF THE WITNESS

________________________,

ADDRESS OF THE WITNESS STAMP/SEAL OF THE BANK

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Appendix 10: Contents and Format of Price

Proposal

Date: __________

To

The Commissioner


Head Office,

Delhi

Dear Sir,

I/We _________________________________consultant/consultancy firm herewith enclose

Financial Bid for selection of my/our firm as Financial Proposal for selection of our firm as

Consultant to Undertake the Work of Assessing Manpower Requirement for Group „C‟ and

„D‟ Categories of Employees in Municipal Corporation of Delhi.

The lump sum charges/ price inclusive of tours, travel, out of pocket, accommodation and all

related expenses for carrying out the entire scope of services is Rs. __________ IN

FIGURES (Rupees IN WORDS ________________________________).

Service Tax and educational cess as applicable on the date(s) of payment(s) shall be paid over

and above the price by MCD. Present rate of service tax & educational cess is 10.3% and this

amount works out to Rs. ____________ on the above quoted prices.

The total quoted prices inclusive of service tax and educational cess is Rs…...……………..in

figures (in words………………………….........................).

Signature of Bidder (With Stamp of the Bidder)

Name: _______________________________

Business Address: ______________________

_____________________________________

Place: _____________

Date: _____________

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Appendix 10A: Summary of Price Proposal

S.

No. Break up of Financial Cost

Currency

(In Rs.)

Amount

In Figure In Words

1. Remuneration for Basic Services

1A Team Leader (Man Months X Rate)

1B Team Members 1 (Man Months X Rate)

1C .......

2. Out of Pocket Expenses

3. Computer Software Cost

4. Miscellaneous Expenses

5. Sub Total

6. Service Tax or any other Tax

Total (in Figure)

(in Words)

AP

P

E

N

DI

X

10A


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Appendix 11: Format for Draft Letter of Acceptance

(To be issued by MCD)

Date :

To

Authorised Signatory of the Successful Bidder

Dear Mr. _____ ________,

Subject: Letter of Acceptance for Appointment of Consultant to Undertake the Work

of Assessing Manpower Requirement for Group „C‟ and „D‟ Categories of

Employees in Municipal Corporation of Delhi

1. This is in reference to the Proposal submitted by _____________ {Name of Successful

Bidder} (“SB”) by the Proposal Due Date (_____) in response to the Request for Proposal

(“RFP”) Document (along with the amendments made thereafter) released by Municipal

Corporation of Delhi (“MCD”) on __________ {date of release of RFP Document}.

2. The aforesaid Proposal was considered and evaluated by the bid evaluation committee

constituted by MCD for this purpose.

3. Further, subsequent discussions were held with you on __________, and the summary of

such discussions is set out in the enclosed Enclosure/s. {To be inserted where such

discussions have been held}

4. MCD, is now pleased to inform that SB has been selected as the Successful Bidder to

Undertake the Work of Assessing Manpower Requirement for Group „C‟ and „D‟

Categories of Employees in Municipal Corporation of Delhi.

5. This letter is intended to convey MCD‟s acceptance -, subject to the terms & conditions

specified in the RFP Document and conditions set out in the Contract Agreement to be

executed within one (1) week from the date of this letter - of the Proposal submitted by

SB, wherein SB has quoted L-1 rates of Consultancy Fee.

6. As a token of your acknowledgment of this letter, you are hereby requested to return a

copy of the same to us, duly signed by the authorized signatory, within Seven (7) days

from the date of this letter.

7. Further, you are also requested to comply, within fifteen (15) days from the date of this

letter by Acknowledgement of this Letter of Acceptance, with the conditions set out

below:

AP

P

E

N

DI

X

11


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(a) Execution of the Contract Agreement;

(b) Furnish a Performance Security from a nationalized Bank or a Scheduled

Bank authorized to handle transactions of Government of India in India in the

sum of Rs..................... (Rupee ...................................... only), in terms of the

draft Contract Agreement;

Kindly note that this communication by itself does not create any rights or contractual

relationship with MCD. Any such right or relationship shall come into effect upon complying

with conditions set out in Para 7 and the execution of Contract Agreement.

Yours truly,

Commissioner


Head Office,

Delhi


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Appendix 12: Format of Acknowledgement Letter of

Acceptance (To be issued submitted by Successful

Bidder to MCD)

Date: (Within three (3) days of date of LOA)

To

The Commissioner


Head Office,

Delhi

Subject: Acknowledgement of Letter of Acceptance – Appointment of Consultant to

Undertake the Work of Assessing Manpower Requirement for Group „C‟ and

„D‟ Categories of Employees in Municipal Corporation of Delhi

We are pleased to acknowledge the Letter of Acceptance issued by MCD vide their letter Ref.

Dated...................... for Appointment of Consultant to Undertake the Work of Assessing


Corporation of Delhi.

We have reviewed the aforesaid Letter of Acceptance and are enclosing herewith a copy of

the Letter of Acceptance duly acknowledged in acceptance of the conditions and undertake to

comply with the following within one (1) week of the date of the LOA:

1. Execute the Contract Agreement

2. Furnish a Performance Security of the amount of Rs………………….. as per the

terms of the Contract Agreement

…………………………………………….

Name of Successful Bidder/Lead Member

…………………………………………….

Signature of the Authorised Person

…………………………………………….


Note:

On the Letterhead of the Bidder or Lead Member of Consortium.

To be signed by the Lead Member, in case of a Consortium.

A

P

PE

N

DI

X

12

AP

PE


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Appendix 13: Total No. of Full Time Consultants

Working/Employed in the Firm

S. No. Name Qualification Position held Area of

Expertise

No. of years

with the

firm

1

2

3

4

5

7

8

9

Note: (Consultants for this purpose mean adequately qualified in the relevant fields like MBA (HR)/Indl.

Engg. etc.)

Authorised Signature: _________________________

Full Name: _________________________

Date: _________________________


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Appendix 14: Detail/Information of the Team and

the Task which would be Assigned to Each Member

and the Team Leader TASK TEAM

The following members (minimum two members) and Team Leader have been identified and assigned for the Assignment:


Full Name: _________________________

Date: _________________________

S. No.

Name Position held in the bidder entity

Area of expertise identified

No. of years of experience

1. 2 3 4. 5.

A

PP

E

NDI

X

14


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CURRICULUM VITAE FOR EACH MEMBER OF TASK TEAM

1. Name: __________________________________________________________

2. Present Designation: _______________________________________________

3. Area of Expertise: ___________________

4. Total years of experience: -----------years

5. Years with organisation: _____________________

6. Proposed Expertise/Position in the Team: ____________________

7. Educational Qualification:

8. Experience (since graduation):

A. Brief outline of total experience (minimum seven years for team leader &five years for team

members) in area of HR consultancy:

S. No. Name of

Assignment Client

Date of

Commencement

Date of

Completion

Position

held

Scope in

brief

In Existing Firm from _______ till date ______

1

2

3 For previous firms from _________ to _______

1

2

3

B. Brief outline of the experience of the team members in assignments involving similar scope of

work.

S. No. Name of

Assignment Client

Date of

Commencement

Date of

Completion

Position

held

Scope in

brief

In Existing Firm from _______ till date ______

1

2

3 For previous firms from _________ to _______

1

2

3

S. No. Degree/Diploma College/ University Specialization Percentage

1.

2

3

4.

5.


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Note: Staff member may provide client references, where appropriate.

9. Language:

Signature of Member__________________

Certification:

I, the undersigned, certify that the above is correct to the best of my knowledge and belief.


Full Name: _________________________

Date: _________________________

S.

No. Language Excellent Good Poor

1.

2

3

4.


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Appendix 15: Description of Approach,

Methodology and Work Plan for Performing the

Assignment

1 Technical Approach and Methodology

In this chapter the bidder shall explain his understanding of the objectives of the

assignment, approach to the services and methodology for carrying out the scope of

services.

2 Work Plan

In this chapter the bidder may explain the main activities of the assignment, their content

and duration etc.

3 Organisation and Staffing

In this chapter the bidder may propose the structure and composition of team to carry out

the assignment.

4 Manning Schedule

In this chapter, the bidder will provide the manning schedule of all the team members

including team leader.

AP

PE

ND

I

X

15


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Appendix 16: Checklist

(A) The following Check List is intended to help the Bidders in submitting Bid which are

complete. Incomplete Bid is liable to be rejected. Bidders are advised to go through the

list carefully and submit Bids complete in all respect.

(B) Bidders are also required to submit the Check List, duly marked, along with their Bid.

Sr. No. Article No. Description Remarks

Instruction to Bidders ( Outer Envelope)

1 2.19.2

The RFP Document downloaded from website (should

accompany with Demand Draft of Rs 10,000/- as

document package charges)

Yes/No

2 2.19.1 Bid Documents and amendments/clarifications are

submitted duly signed on all pages Yes/No

Bid Security (Envelop A1)

3 2.15 /

Appendix 9

Bid Security for Rs. 25 Lakhs is submitted in required

format Yes/No

Request for qualification (Envelope A2)

4 Appendix 2 Letter of Application Yes/No

5 Appendix 3 /

4 Power of Attorney for Signing of the Proposal Yes/No

6 Appendix 5 Company Detail Yes/No

7 3.3.1 Annual Turnover – Statement duly certified with audited

annual reports of last 3 years Yes/No

8 3.3.1. Net Worth - Statement duly certified Yes/No

9 Appendix 6 Audited Annual Reports for all members for last 3

years Yes/No

10 Appendix 7 Experience information – Supply, Manufacturing etc. Yes/No

11 Appendix 8 Affidavit Certifying that Business Entity / Promoter(s) /

Director/s of Business Entity are not Blacklisted Yes/No

Sr. No. Article No. Description Remarks

12 Appendix

13

Total No. of Full Time Consultants Working/Employed in

the Firm Yes/No

AP

PE

ND

I

X

16


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13 Appendix

14

Detail/Information of the Team and the Task which would

be Assigned to Each Member and the Team Leader Yes/No

14 Appendix

15

Description of Approach, Methodology and Work Plan for

Performing the Assignment Yes/No

15 3.2.3 Article of Association and Memorandum, Details

of registrations etc Yes/No

16 3.2.3 Client's certificate of the Satisfactory Performance Yes/No

17 3.2.3 Certificate for Production Capacity Yes/No

Financial Proposal (Envelope B)

18 Appendix

10 Price Proposal Yes/No

19 Appendix

10A Breakup of Price Proposal Yes/No


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Part II – Terms of Reference

and Scope of Services


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1. Background

MCD is one of the largest Corporations in India and was formed in April 1958 under

an Act of Parliament. The Corporation is governed by the Delhi Municipal Corporation

Act, 1957. It provides civic services to more than estimated population of 15 million

citizens in the capital city and covers an area of 1,397.3 km². It has approximately

1,20,000 employees on its role, of which approximately 1,00,000 are in Group „C‟

and „D‟.

The civic services and amenities are provided by MCD through number of

departments including Engineering, Environment Management Services, Health,

Education, Community Services, Licensing, Veterinary Services, Horticulture, Land

& Estate, Labour Welfare, Legal & Finance etc.

The entire MCD area is divided in to 12 administrative zones – City, Central, South,

Karol Bagh, Sadar Paharganj, West, Civil Lines, Shahdara South, Shahdara North,

Rohini and Narela.

More details about MCD is available at the website: www.mcdonline.gov.in.

2. Scope of Services The scope of the assignment has been outlined as under:

2.1 To assess and recommend the desired number of Group „C‟ & „D‟ Category of

employees for various Departments of MCD, based on work measurement, functional

requirement and work load assessment to enable the increase in work efficiency,

improvement of work quality and optimum utilization of resources at head Office,

Zonal Offices and departments.

3. Indicative List of Post in Category

‘C’ and ‘D’ The indicative list of post (not exhaustive) covered under Category „C‟ and „D‟ is as

follows:

Lower Division Clerk (LDC)



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Upper Division Clerk (UDC)

Data Entry Operator

Steno Typist

Driver

Cattle Catcher

Rickshaw Catcher

Peon

Assistant Sanitary Inspector

Sanitary Guide

Safai Karmachari

Sewer man

Assistant Pump Driver

Fitter

Mechanic

Helper

Chawkidar

Watchman

Library Attendant

Library Assistant

Library Clerk

MDM Attendant

Cleaner

Attendance Helper

O.T. Assistant

O.T. Technician

Ward Boy

Compounder


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Lab Technician

Assistant Lab Technician

Sweeper

Receptionist

Pharmacist

ECG Technician

Lab Assistant

Ayas

Mortuary Attendant

Warden

Dresser

Dental Hygnst

Lift Operator

Registration Clerk

Statistical Clerk

Medical Record Clerk

Surveyor

Draftman

Patwari

Despatch Rider

Machine Operator

Naib Tahshildar

Carpenter

Mason

Mali (Gardener)

Waterman


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4. Reporting Schedules

The Consultant shall submit ten (10) hard copies plus one electronic copy of each

report in accordance with the schedules given in the draft Contract Agreement:

4.1. Inception Report

The inception report shall be submitted to MCD and shall include;

A review by the Consultant of the objectives and scope of services.

Detailed work plan and manning schedules for the services

Consultation strategy

Schedule of reports and expected contents

The consultant will describe the methodology being employed in conducting the

assignment; identify any modifications to the proposed approach resulting from

information gathered in the initial week. The Consultant shall also make a

presentation of MCD on the inception report

4.2. Interim Report

The Consultant shall prepare Interim Report addressing issues in the scope of

services, in consistent with the TOR. This will be based on primary study of work

measurement and functional need in the field of Category „C‟ and „D‟ employees of

the Corporation in various departments, so as to increase efficiency and quality of

output and to optimally utilize the resources.

4.3. Draft Final Report

This will be the pre-ultimate report by the Consultant and will include assessment and

recommendation of the desired strength of Category „C‟ and „D‟ employees (manning

norms/ manpower numbers) in the Corporation in various departments, based on work

measurement and functional need so as to increase efficiency and quality of output

and to optimally utilize the resources. It will also include the Job Description of „C‟

and „D‟ Category employees at head Office, Zonal Offices/ departments

5. Inputs Required for the Services

5.1. Staff Input and Duration of Services

The following key professional staff will be required for the services and will be


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assessed as part of the Technical Evaluation:

Team Leader

Other Key Members/ Expert

5.2. Qualification & experience of key staff

5.2.1. Team Leader

The team Leader is expected to be a professional with a postgraduate degree and

minimum of seven (07) year‟s experience in project management and human resource

development, manpower audit and manpower study relevant to the current

assignment.

5.2.2. Other Key Members/Expert

Other key members/experts (minimum 2 numbers) are expected to have a professional

degree with a minimum of five (05) year‟s experience on manpower audit and

manpower study which may include detailed analysis, manpower requirement and

competency mapping of various roles/jobs across hierarchies and defining the purpose

of the job, job duties, and responsibilities.

5.2.3. Logistics for the Services

The Consultant shall provide all logistics required for the implementation of the

services, including those related to the consultation plan. The cost to such logistics

and administrative cost shall be included in the financial proposals.

6. Duration of Contract As defined in the Article 3 of Part II – Draft Contract Agreement of RFP document.


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Part III - Draft Contract

Agreement

between

MUNICIPAL CORPORATION OF DELHI

&

---------------------------------------------------------------

(CONSULTANT)

TO

UNDERTAKE THE WORK OF ASSESSING MANPOWER

REQUIREMENT FOR GROUP „C‟ AND „D‟ CATEGORIES OF

EMPLOYEES IN MUNICIPAL CORPORATION OF DELHI


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This Contract Agreement is entered into on the ____________ day of ___________(Month),

Two Thousand and Ten,

BETWEEN

Municipal Corporation of Delhi a statutory body constituted under the provisions of

________________________, having its office at ___________________________, acting

through its __________________________, (hereinafter referred to as the “Corporation”,

which expression shall, unless repugnant to the context, include its successors and assigns) on

the one part.

AND

__________________________________________a company incorporated under the

Companies Act, 1956 with its registered office at

_______________________________________________, registered office at

__________________________________________ (hereinafter referred to as “The

Consultant” which expression shall, unless contrary to the context or meaning thereof, mean

and include its successors-in-interest and permitted assigns) acting through its authorized

signatory _________________________________ of the Other Part.

WHEREAS

A. MCD desire to Undertake the Work of Assessing Manpower Requirement for Group

„C‟ and „D‟ Categories of Employees at head Office, Zonal Offices and departments in

a scientific way to meet the needs of the corporation based on work measurement and

functional needs so as to increase efficiency and quality of output and to optimally

utilize the resources.

B. MCD had invited bids vide its Request for Proposal (RFP) Number:

________________, inter alia, for appointment of Consultant to Undertake the Work of

Assessing Manpower Requirement for Group „C‟ and „D‟ Categories of Employees in

Municipal Corporation of Delhi ( “The Consultancy Assignment”);

C. After evaluating bids received in response to the aforesaid bidding process, MCD has

accepted the bid submitted by M/s ______________________ (the “Consultant”),


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[with ____________________ as its lead member (“Lead Member”), in case of

Consortium] for undertaking, inter alia, the work for and in relation to the Consultancy

Assignment;

D. Accordingly, MCD issued a Letter of Acceptance No. __________ dated _________ to

the Consultant requiring, inter alia, the execution of this Contract Agreement and

submission of Performance Guarantee for the performance of its obligations under this

Contract Agreement;

E. Pursuant thereto, the Consultant has submitted Performance Guarantee of Rs.

______________/- (Rupees _________________ only) by way of

______________(BG Number __________________ issued by

________________________ dated _____________) to enter into this Contract

Agreement for the assessment of manpower requirement for Group „C‟ and „D‟

categories of employees in Municipal Corporation of Delhi and has requested MCD to

accept the Consultant as the entity which shall undertake and fulfill and perform the

obligations and exercise the rights of the Contract under the Letter of Acceptance,

including the obligation to enter into this Contract Agreement for the Consultancy

Assignment.

F. The Parties have now agreed to enter into this Contract Agreement to record their entire

understanding with regard to the subject matter hereof, subject to and on the terms and

conditions set forth hereinafter.

NOW, THEREFORE, the Parties hereby agree as follows:

Article 1 - Definitions

1.1 Definitions: In this Contract Agreement, the following words and expressions shall,

unless repugnant to the context or meaning thereof, have the meaning hereinafter

respectively ascribed to them hereunder:

“Agreement Date” shall mean the date of signing this Contract Agreement by both

the Parties.

“Applicable Laws” mean all laws, promulgated or brought into force and effect by

the Government of India and/or Government of Delhi including regulations and rules,

notifications made there under, and any judgments, decrees, injunctions, writs and

orders of any court of record, as may be in force and effect during the subsistence of

this Contract Agreement.

“Arbitration Act” means the Arbitration and Conciliation Act, 1996 and shall

include any and all modifications / amendments thereto or any re-enactment thereof as

in force from time to time.

“Contract Agreement” means this agreement including the Schedule 1-5 hereto and

any amendments made thereto in accordance with the provisions contained in this

agreement.


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“Consultancy Fee” is the amount payable by MCD to the Consultant for discharging

its duties under this Contract Agreement as set forth in Clause 0.

“Consultant” means [M/s __________________,] or [Consortium3] or being the

Successful Bidder, with whom MCD has entered into this Contract Agreement.

“Category „C‟ and “D‟ Employees” means and include „C‟ and „D‟ categories of

employees as defined in the Delhi Municipal Corporation Act, 1957 and the rules etc.

from thereafter.

“Consortium”4 shall mean the consortium consisting of (a)______________ and

(b)______________ formed/ acting pursuant to the Consortium Agreement entered

into by them for submission of proposal and implementation of the Project in

response to the RFQP Document.

“Consortium Agreement”5 shall mean the agreement dated _______________

entered into by the Consortium, for submission of proposal and implementation of the

Project in response to the RFQP Document, the original of which is placed in

Schedule ___ and shall include the revised consortium agreement, if any, signed in

respect thereof.

“Expiry Date” shall mean date on which this Contract Agreement terminates by

efflux of time.

“GNCTD” or “Government of Delhi” means the Government of National Capital

Territory of Delhi.

“GOI” shall mean Government of India.

“Governmental Agency” means GOI, GNCTD or any ministry, department,

commission, board, authority, instrumentality or agency, under the control of GOI or

GNCTD having jurisdiction over all or any part of the Consultancy Assignment or the

performance of all or any of the services or obligations of MCD under or pursuant to

this Contract Agreement.

“INR, Re. or Rs.” shall mean the lawful currency of the Republic of India.

“Letter of Acceptance” means the letter issued by MCD to [M/s

__________________,] or [Consortium6] to undertake and execute the Consultancy

Assignment in conformity with the terms and conditions set forth in the Contract

Agreement.

“Material Adverse Effect” means material adverse effect of any act or event on the

ability of either Party to perform any of its obligations under and in accordance with

the provisions of this Contract Agreement and which act or event causes a material

financial burden or loss to either Party.

3 Applicable only if the successful bidder is a consortium





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“Material Breach” means failure by a Party to cure a breach of any of its obligations

under this Contract Agreement, within the Cure Period.

“Consultancy Assignment” shall mean Appointment of Consultant to Undertake the

Work of Assessing Manpower Requirement for Group „C‟ and „D‟ Categories of

Employees in Municipal Corporation of Delhi.

“Request for Proposal” or “RFP” shall mean the Request for Proposal due on June

22, 2010 issued by MCD for the Appointment of Consultant to Undertake the Work

of Assessing Manpower Requirement for Group „C‟ and „D‟ Categories of

Employees.

“Scope of Services” shall have the meaning ascribed to the term in Clause 2.2.

“Technical Proposal” shall mean the technical proposal submitted by [M/s

__________________] or [Consortium7] as a part of the RFP process.

“Termination” means the termination of this Contract Agreement prior to the expiry

of the Contract Period in accordance with the provisions of the Contract Agreement.

“Termination Date” means the effective date of Termination as mentioned and

contained in the Termination Notice in accordance with the provisions of Clause 8.3.

“Termination Notice” means the communication issued in accordance with this

agreement by any one Party to the other Party terminating this Contract Agreement.

“The Consultant‟s Event of Default” shall have the meaning ascribed to the term in

Clause 8.1 of this Contract Agreement.

1.2 Interpretations

In this Contract Agreement, unless the context otherwise requires,

(a) the words importing singular shall include plural and vice versa,;

(b) the headings are for convenience of reference only and shall not be used in, and

shall not affect, the construction or interpretation of this Contract Agreement;

(c) the words "include" and "including" are to be construed without limitation;

(d) any reference to day, month or year shall mean a reference to a calendar day,

calendar month or calendar year respectively;

(e) In case of ambiguities or discrepancies in this Contract Agreement, the

following shall apply:

(i) between two Articles/Clauses of this Contract Agreement, the provisions

of specific Articles/Clauses relevant to the issue under consideration shall

prevail over those in other Articles;

(ii) between the Articles/Clauses and the Schedules, the Articles/Clauses shall

prevail;



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(iii) between any value written in numerals and that in words, the latter shall

prevail.

Article 2 – Award of Contract & Scope of Services

2.1 Subject to and in accordance with the terms and conditions set forth in this Contract

Agreement, MCD hereby awards the Contract to the Consultant and the Consultant

hereby accepts the award.

2.2 Subject to and in accordance with the terms and conditions set forth in this Contract

Agreement, The Consultant shall be obliged to undertake the following in accordance

with the Applicable Laws and:

(a) Discharge services as set forth in Schedule 1 : Scope of Services (“Scope of

Services”);

(b) Submission of reports and implementation of the Consultancy Assignment;

(c) Perform and fulfill all of the Consultant‟s obligations in accordance with this

Contract Agreement; and

(d) Adhere to the timelines as set out in Schedule 2: Manning Schedule and Work

Programme.

2.3 In relation to the services and activities defined in the present Contract, all data or

information supplied by the Corporation to the Consultant in connection with the

services being provided by the Consultant shall remain the property of the

Corporation. All deliverables to the extent prepared by the Consultant hereunder for

delivery to the Corporation shall be the property of the Corporation.

2.4 The information exchanged between the Corporation and the Consultant (including

any related recommendations and advice) given by the Consultant are intended solely

for the information and use of the Corporation‟s management, officers, directors and

employees and may not be disclosed to any other person without the prior written

consent of the Corporation (except as required by law or professional obligation).

2.5 All working papers prepared by the Consultant in connection with the Services shall

remain the property of the Corporation.

2.6 The consultant shall not enter into a sub contract for the performance of any part of

the Services. However, the consultant can hire the services of Personnel to carry out

any part of the services, for which, Consultant shall obtain the Corporation‟s prior

approval in writing before appointing Personnel to carry out any part of the Services,

including the terms and conditions of such appointment. The Consultant shall remain

fully liable for the performance of the services by its personnel pursuant to this

contract.


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Article 3 - Contract Period

3.1 This Agreement shall come into effect on execution hereof and shall, unless

terminated earlier or extended in accordance with the provisions hereof, shall be valid

from the date of this Agreement till completion of sixteen (4+12) months (“Contract

Period”);

Provided further that in the event of Termination, the Contract Period shall mean and

be limited to the period commencing from the Agreement Date and ending on the

Termination Date.

3.2 The Consultant shall submit all the reports in the time-bound manner as per

Schedule 2: Manning and Reporting Schedule.

3.3 Final Report with all recommendations should be submitted on or before the

completion of Four (4) months from the date of signing of the Contract Agreement.

Article 4 – Obligations of Parties

4.1 Obligations of MCD

MCD shall observe, undertake, comply with and perform, in addition to and not in

derogation of its obligations elsewhere set out in this Contract Agreement, the

obligations set forth in this Article:

(a) To provide all relevant information to the Consultant for the execution of the

study;

(b) To provide a office space (of size about 100 Sq. Ft.) with electricity to the

Consultant in its premises without any charges;

(c) In consideration of the Services performed by the Consultant under this Contract

the Corporation shall make to the Consultant such payments and in such manner

as is provided by Article 6 of this Contract.

(d) To appoint a nodal officer, who will be coordinate with the Consultant and shall

and shall act as the nodal point of contact between the Consultant and MCD for

executing the Consultancy Assignment throughout the Contract Period.

4.2 Obligations of the Consultant

The Consultant shall observe, undertake, comply with and perform, in addition to and

not in derogation of its obligations elsewhere set out in this Contract Agreement, the

obligations set forth in this Article:

(a) To perform the Scope of Services as set out in Article 2 – Award of Contract &

Scope of Services;

(b) To submit reports during the execution of the project as per

Schedule 2 - Manning and Reporting Schedule;


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(c) To submit Ten (10) hard copies and One (1) soft copy of all the reports and

documents specified in technical specification of the RFP hereto, in the form, in

the numbers and within the time periods set forth in the RFP, including any

supporting data required by the Corporation;

(d) To be responsible for compliance with Applicable Laws and shall take all

practicable steps to ensure that the Personnel and agents of the Consultant

comply with the Applicable Law;

(e) To provide Performance Security in the form of Bank Guarantee to MCD which

shall be kept valid throughout the Contract Period and an additional period of

365 days (Three Hundred Sixty Five Days) thereafter;

(f) To use office space provided by MCD only for the purposes of carrying out the

Scope of Services and matters relating thereto in terms of this Contract

Agreement and in accordance with directions as may be issued by MCD without

causing any disturbance and other inconvenience to those in its vicinity;

(g) To perform the Services and carry out their obligations hereunder with all due

diligence, efficiency and economy, in accordance with generally accepted

techniques and practices used with professional engineering and consulting

standards recognized by professional bodies, and shall observe sound

management, and technical and engineering practices, and employ appropriate

advanced technology and safe and effective equipment, machinery, materials

and methods. The Consultants shall always act, in respect of any matter relating

to this Contract or to the Services, as faithful advisers to the Corporation, and

shall at all times support and safeguard the Corporation‟s legitimate interests in

any dealings with third parties;

(h) To hold the Corporation‟s interest paramount, without any consideration for

future work, and strictly avoid conflict with other assignments or their corporate

interests;

(i) To not to engage, either directly or indirectly, in any business or professional

activities which would conflict with the activities assigned to them under this

Contract. The consultant and their affiliates hired to provide services for the

proposed assignment will be disqualified from services related to the initial

assignment for the same project subsequently. In case of rating of the proposed

project, for which this consultancy services are being provided, then the

Consultant and their affiliates will not rate this project nor in any way be

associated in rating of this project;

(j) The Consultant and their employees shall not disclose any proprietary or

confidential information relating to the Project, the Services, this Contract or the

Corporation‟s business or operations without the prior written consent of the

Corporation; and


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(k) to take out and maintain at their own cost, appropriate insurance against all the

risks, and for all the coverage, like workers compensation, employment liability

insurance for all the staff on the assignment comprehensive general liability

insurance, including contractual liability coverage adequate to cover the

indemnity of obligation against all damages, costs, and charges and expenses for

injury to any person or damage to any property arising out of, or in connection

with, the services which result from the fault of the Consultant or their staff on

the assignment.

Article 5 – Personnel / Team Members

5.1 The Consultant shall deploy such qualified and experienced personnel as may be

required to carry out the Scope of Services.

5.2 Description of Personnel

(a) The titles, agreed job descriptions, minimum qualifications and estimated periods

of engagement in carrying out of the Services of each of the Consultant‟s

Personnel are described in the Schedule 4: Personnel Profile.

(b) If required to comply with the provisions of Clause 4.2 (g) of this Contract,

adjustments with respect to the estimated periods of engagement of Personnel set

forth in the Schedule 2: Manning and Reporting Schedule may be made by the

Consultant by written notice to the Corporation, provided:

(1) That such adjustments shall not alter the originally estimated period of

engagement of any individual by more than 10% or one week, whichever is

larger, and

(2) That the aggregate of such adjustments shall not cause payments under this

Contract to exceed the ceilings set forth in Article 6 of this Contract. Any

other such adjustments shall only be made with the Corporation‟s written

approval.

(c) The Consultant hereby agrees to engage the personnel listed by title as well as by

name as per the Schedule 2: Manning and Reporting Schedule in order to fulfill

his contractual obligations under this contract.

5.3 It is expressly understood and agreed by the Consultant that no employee/worker of

the Consultant or its sub-contractor(s) shall be considered to be an employee of MCD

for any purpose whatsoever. The Consultant shall be solely responsible for all such

employees/workers, their wages, statutory payments, taking out and maintaining

ESIC/other insurance etc. MCD shall not be liable for any payment or claim or

compensation (including but not limited to compensation on account of injury/death

or termination) of any nature to such employees/ workers at any point of time during

the currency of this Contract Agreement or after its Termination.

5.4 In the event that any of the personnel deployed by or at the behest of the Consultant is

found by MCD to be incompetent, guilty of misbehavior/misconduct or incapable in


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discharging the assigned responsibilities, MCD may request the Consultant to

forthwith provide a replacement of such personnel with personnel having suitable

qualifications and experience for carrying out the consultancy assignment. The

Consultant shall have no claim for additional costs arising out of or incidental to any

removal and/or replacement of personnel.

5.5 Removal and/or Replacement of Personnel

(a) Except as the Corporation may otherwise agree, no changes shall be made in the

Personnel. If, for any reason beyond the reasonable control of the Consultant, it

becomes necessary to replace any of the Personnel, the Consultant shall forthwith

provide as a replacement a person of equivalent or better qualifications, which

shall be approved by the Corporation.

(b) If the Corporation:

(1) Finds that any of the Personnel has committed serious misconduct or has been

charged with having committed a criminal action, or

(2) Has reasonable cause to be dissatisfied with the performance of any of the

Personnel, then the Consultant shall at the Corporation‟s written request

specifying the grounds therefore, forthwith provide as a replacement a person

with qualifications and experience acceptable to the Corportation.

(c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above,

the rate of remuneration applicable to such person as well as any reimbursable

expenditures (including expenditures due to the number of eligible dependents)

the Consultant may wish to claim as a result of such replacement, shall be subject

to the prior written approval by the Corporation. The Consultant shall bear all

additional travel and other costs arising out of or incidental to any removal and/or

replacement.

Article 6 – Consultancy Fee

6.1 Subject to Clause „C‟ of Schedule 2 - Manning and Report Schedule hereunder and

other terms of this Contract Agreement and during the Contract Period, MCD shall

pay the consultancy fee to the Consultant, as specified in Schedule 3: Milestones and

Payment Schedule, against the grant of Contract under the Contract Agreement.

Payment will be made by the Corporation to the consultant as follows:

a. The payments would be released to the Consultant as per the payment schedule

after achieving the milestones indicated in Schedule 3: Milestones and Payment

Schedule.

b. All payments would be claimed by the Consultant from the Corporation per the

Payment Terms on being due, and would be accepted for payment by competent

authority in the Corporation, based on the satisfactory progress and quality of the

work in his sole discretion.


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c. The Corporation will make the final payment of 10% at the end of one year from

the award of contract on smooth transition into the new system and its effective

implementation through suitable hand holding measures by the Consultant.

6.2 The Corporation will deduct appropriate TDS as required under the Income Tax Act

1961 from all the payment to be made to the Consultant unless exemption certificate

is provided by the Consultant. TDS certificate(s) shall be promptly provided to the

Consultant against such deductions.

6.3 All applicable taxes and statutory levies will be liability of the Consultant.

6.4 Consultant Not to Benefit from Commissions Discounts etc. - The payment of the

Consultant shall constitute the Consultant‟s only payment in connection with this

Contract or the Services, and the Consultant shall not accept for their own benefit any

trade commission, discount, or similar payment in connection with activities pursuant

to this Contract or to the Services or in the discharge of their obligations under the

Contract, and the Consultant shall use their best efforts to ensure that the Personnel

and agents of either of them similarly shall not receive any such additional payment.

6.5 The Consultant shall submit the bills to the Corporation of firms printed bill forms

indicating the work done by him during the period for which payment is sought.

6.6 The Corporation shall release the payment of the Consultant as per above given

schedule of payment within thirty (30) days after the receipt of bills with supporting

documents by the Corporation. But if the progress is not satisfactory and according to

agreed work program/schedule the payment may be withheld.

6.7 The final payment under this clause shall be made only after satisfactory completion

of the activities mentioned in the Scope of Services.

Article 7 - Performance Security

7.1 The Consultant has, for due and faithful performance of its obligations under this

Contract Agreement, provided to MCD, a Performance Security in the form of bank

guarantee dated _____________ from ________________ Bank8 for a sum of Rs.

______________ (Rupees _______________________only). The Performance

Guarantee is irrevocable and the Performance Guarantee is valid for 90 days beyond

the Contract Period of one year and four months.

7.2 A copy of the said Performance Guarantee is provided in Schedule 5 hereto.

7.3 MCD shall release the Performance Security bank guarantee(s) to the Consultant upon

the satisfactory completion of the Contract Period. The performance security shall be

returned after deducting the claims, if any.

8 from a scheduled bank acceptable to MCD


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7.4 MCD shall have the right to invoke the Performance Security bank guarantee(s) in

case of Termination of the Contract Agreement due to a Consultant‟s Event of

Default.

Article 8 – Events of Default & Termination

8.1 The Consultant‟s Events of Default

The following event(s) shall constitute an event of default of the Consultant (“the

Consultant‟s Event of Default”) unless such Consultant‟s Event of Default has

occurred as a result of a Force Majeure Event:

(a) The Consultant fails to provide the Performance Guarantee in terms of the

Article 7 hereof; or

(b) The Consultant is in Material Breach of this Contract Agreement; or

(c) The Consultant creates any encumbrance, charges or lien on the Project

Premises in favor of any person without the concurrence of MCD; or

(d) The transfer of all or material part of the assets or undertaking of the Consultant

except where such transfer, in the opinion of MCD, does not affect the financial

and technical capability of the Consultant to perform its obligations under this

Contract Agreement; or

(e) The Consultant is adjudged bankrupt or insolvent or if a trustee or receiver is

appointed for The Consultant or for any of its property that, in the opinion of

MCD, has a material bearing on its ability to discharge its Scope of Services as

contemplated in the Contract Agreement; or

(f) The Consultant is ordered to be wound up by a court of law, except for the

purpose of amalgamation or reconstruction provided that, as part of such

amalgamation or reconstruction, the property, assets and undertaking of The

Consultant are transferred to the amalgamated or reconstructed entity and that

the amalgamated or reconstructed entity has unconditionally assumed the

obligations of the Consultant under this Contract Agreement and provided that:

(i) the amalgamated or reconstructed entity in the opinion of MCD has the

technical capability and operating experience necessary for the

performance of its obligations under this Contract Agreement; and

(ii) the amalgamated or reconstructed entity has, in the opinion of MCD, the

financial standing to perform its obligations under this Contract

Agreement; and

(iii) this Contract Agreement remains in full force and effect; or

(g) The Consultant fail to comply with any final decision reached as a result of

arbitration proceedings pursuant to Clause 12.2 hereof; or


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(h) The Consultant submit to the Corporation a statement which has a material

effect on the rights, obligations or interests of the Corporation and which the

Consultant know to be false; or

(i) The Consultant repudiates this Contract Agreement or otherwise evidences an

intention not to be bound by this Contract Agreement.

8.2 Upon occurrence of the Consultant‟s Event of Default (as provided in Clause 8.1),

The Corporation may by not less than thirty (30) days‟ written notice of termination to

the Consultant after the occurrence of any of the events specified in Clause 8.1,

terminate this Contract.

8.3 Termination Notice

If the Corporation decides to terminate this Contract Agreement pursuant to Clause

8.2, it shall issue Termination Notice setting out:

(a) in sufficient detail the underlying Event of Default;

(b) the Termination Date;

(c) the Termination Payment including the details of computation thereof; and

(d) any other relevant information.

8.4 Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clause 8.2 hereof or upon expiration of

this Contract, all rights and obligations of the parties hereunder shall cease, except:

a. Such rights and obligations as may have accrued on the date of termination or

expiration,

b. The obligation of confidentiality set forth in Article 11 hereof,

c. Any right which a Party may have under the Applicable Law.

8.5 Cessation of Services

Upon termination of this Contract by notice to pursuant to Clause 8.2 hereof, the

Consultant shall, immediately upon dispatch or receipt of such notice, take all

necessary steps to bring the Services to a close in a prompt and orderly manner and

shall make every reasonable effort to keep expenditures for this purpose to a

minimum.

8.6 Withdrawal of Termination Notice

Notwithstanding anything inconsistent contained in this Contract Agreement, if the

Consultant which has been served with the Termination Notice cures the underlying

Event of Default to the satisfaction of the Corporation at any time before the

Termination occurs, the Termination Notice may be withdrawn by the Corporation

which had issued the same. Provided that the Consultant shall compensate the

Corporation for any direct costs/consequences occasioned by the Event of Default

which caused the issue of Termination Notice.

8.7 Upon Termination of this Contract Agreement for any reason whatsoever:


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(a) Notwithstanding anything to the contrary contained in this Contract Agreement,

any Termination, pursuant to the provisions of this Contract Agreement, shall be

without prejudice to accrued rights of either Party including its right to claim

and recover damages and other rights and remedies which it may have under the

Contract Agreement or in law. All rights and obligations of either Party under

this Contract Agreement shall survive the Termination of this Contract

Agreement to the extent such survival is necessary for giving effect to such

rights and obligations.

(b) Notwithstanding anything to the contrary contained in this Contract Agreement,

MCD shall be within its right to appoint any other agency to replace the

Consultant to implement and operate the Consultancy Assignment and provide

the services on such terms and conditions as MCD may, at its sole discretion,

decide upon the Termination of this Contract Agreement.

Article 9 - Indemnity

9.1 The Consultant shall indemnify and keep indemnified MCD from and against all

consequences and liabilities arising out of or in any way connected with the

Consultant's negligence, fault, nuisance, breach and failure to perform its obligations

under this Contract Agreement.

9.2 The Consultant shall indemnify the MCD against all damages, claims, actions,

demands, losses, charges, and cost of expenses which the MCD has to incur or which

may occur on account of failure to abide by any of the provisions of the Contract

Agreement by the Consultant.

Article 10 - Force Majeure

10.1 As used in this Contract Agreement, a Force Majeure Event shall mean occurrence in

Delhi of any or all of the events defined in Clause10.2 hereinafter which prevent the

Party claiming Force Majeure (the “Affected Party”) from performing its obligations

under this Contract Agreement and which act or event:

(a) Is beyond the reasonable control and not arising out of the fault of the Affected

Party;

(b) The Affected Party has been unable to overcome such act or event by the exercise

of due diligence and reasonable efforts, skill and care, including through

expenditure of reasonable sums of money; and

(c) Leads to a Material Adverse Effect.

10.2 Force Majeure Events

For purposes of this Clause, and subject to Clause 10.1 (a), (b) and (c) herein, Force

Majeure Event(s) shall mean one or more of the following acts or events:

(a) Acts of God or events beyond the reasonable control of the Affected Party

which could not reasonably have been expected to occur, exceptionally adverse


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weather conditions, lightning, earthquake, cyclone, flood, volcanic eruption or

fire or landslide;

(b) Radioactive contamination or ionizing radiation;

(c) Any act of war (whether declared or undeclared), invasion, armed conflict or act

of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military

action, civil commotion or politically motivated sabotage which prevents

discharging of the Scope of Services by the Consultant for a period exceeding a

continuous period of 15 (fifteen) days;

10.3 Effect of Force Majeure Event

Upon the occurrence of any Force Majeure Event, the following shall apply:

(a) There shall be no Termination except when a Force Majeure Event subsists for a

period of 180 (one hundred eighty) days or more within a continuous period of

365 (three hundred sixty five) days, MCD may in its sole discretion terminate

this Contract Agreement by giving Termination Notice in writing to the

Consultant without being liable in any manner whatsoever;

(b) The Parties shall bear their respective costs and no Party shall be required to pay

to the other Party any costs arising out of the Force Majeure Event;

(c) The Consultant will not be liable to pay the Default Charges to MCD during the

periods in which the Force Majeure events persist.

10.4 Liability for other losses, damages etc.

Save and except as expressly provided under this Article 10, neither Party hereto shall

be liable in any manner whatsoever to the other Party in respect of any loss, damage,

cost, expense, claims, demands and proceedings relating to or arising out of

occurrence or existence of any Force Majeure Event or exercise of any right pursuant

to the Article 10.

10.5 Excuse from performance of obligations

If the Affected Party is rendered wholly or partially unable to perform its obligations

under this Contract Agreement because of a Force Majeure Event, it shall be excused

from performance of such of its obligations to the extent it is unable to perform on

account of such Force Majeure Event provided that:

(a) the suspension of performance shall be of no greater scope and of no longer

duration than is reasonably required by the Force Majeure Event;

(b) the Affected Party shall make all reasonable efforts to mitigate or limit damage

to the other Party arising out of or as a result of the existence or occurrence of

such Force Majeure Event and to cure the same with due diligence, and

(c) when the Affected Party is able to resume performance of its obligations under

this Contract Agreement, it shall give to the other Party written notice to that


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effect and shall immediately and promptly resume performance of its

obligations hereunder.

Article 11 - Confidentiality

11.1 Confidentiality Obligations of the Consultant

(a) All information, data, legacy information, and any other information, whether

provided by MCD or any other agency, necessary for providing the Scope of

Services under the Contract Agreement or otherwise during the Contract Period,

shall be treated as confidential (“Confidential Information”) by the Consultant.

(b) All plans, drawings, specifications, designs, reports and other documents

prepared by the Consultant in performing the Services shall become and remain

the property of the Corporation, and the Consultant shall, not later than upon

termination or expiration of this Contract, deliver all such documents to the

Corporation, together with a detailed inventory thereof. The Consultant may

retain a copy of such documents but shall not use them for purposes unrelated to

this Contract without the prior written approval of the Corporation.

(c) The restrictions set forth in sub-article (a) and (b) above herein shall not apply to

any part of the Confidential Information which:

(i) is at the time of disclosure to the Consultant, or thereafter, becomes part of

the public domain, other than as a result of a disclosure by the Consultant,

their directors, officers or employees; or

(ii) was, at the time of disclosure to the Consultant, already in the possession

of the Consultant on a lawful basis; or

(iii) is required to be disclosed by the Consultant by judicial, administrative

process, any enquiry, investigation, action, suit, proceeding or claim or

otherwise by Applicable Laws or by any Governmental Agency, provided

that the Consultant shall advise MCD of any disclosure hereunder so as to

enable MCD to take appropriate steps as it may so desire.

Article 12 - Dispute Resolution

12.1 Conciliation

(a) Save where expressly excluded in this Contract Agreement, any dispute,

difference or controversy of whatever nature howsoever arising under, out of or

in relation to this Contract Agreement and so notified in writing by either Party

to the other (the “Dispute”) in the first instance shall be attempted to be resolved

amicably in accordance with the conciliation procedure provided in sub-article

(b) under.

(b) In the event of any Dispute between the Parties, such Dispute shall be referred to

the Commissioner, MCD or an officer nominated by the Commissioner,


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Municipal Corporation of Delhi for amicable settlement. Upon such reference,

the said two individuals shall meet not later than 7 (seven) days of the date of

such request or such longer period as may be mutually agreed by the Parties to

discuss and attempt to amicably resolve the Dispute. If such meeting does not

take place within the said period or the Dispute is not amicably settled within 15

(fifteen) days of such meeting between the said two individuals, either Party

may refer the dispute to arbitration in accordance with the provisions of Clause

12.2.

(c) If the Dispute is not resolved as evidenced by the signing of the written terms of

settlement within 30 (thirty) working days of the aforesaid notice in writing or

such longer period as may be mutually agreed by the Parties then the provisions

of Clause 12.2 shall apply.

12.2 Arbitration

(a) Save where expressly excluded in this Contract Agreement, any Dispute, which

is not resolved amicably as provided in Clause 12.1 shall be finally decided by

reference to sole Arbitrator, to be appointed by the Commissioner, Municipal

Corporation of Delhi. Such arbitration shall be held in accordance with the

provisions of the Arbitration and Conciliation Act, 1996 and any amendments

thereto. The arbitrator shall issue a reasoned Award.

(b) The venue of such arbitration shall be Delhi, India.

(c) The Consultant and MCD undertake to carry out any decision or award of the

arbitrator (the “Award”) without delay. Awards relating to any Dispute shall be

final and binding on the Parties as from the date they are made.

(d) Pursuant to having exhausted the remedies, the Consultant and MCD agree that

an Award may be enforced against the Consultant and/or MCD, as the case may

be and their respective assets wherever situated.

(e) This Contract Agreement and rights and obligations of the Parties shall remain

in full force and effect pending the Award in any arbitration proceeding

hereunder.

Article 13 – Language

13.1 All notices required to be given by one Party to the other Party and all other

communications, documentation and proceedings which are in any way relevant to

this Contract Agreement shall be in writing and in English language.

Article 14 – Assignment and Charges

14.1 The Consultant shall neither create nor permit to subsist any encumbrance over or

otherwise transfer or dispose of all or any of its rights and benefits under this Contract


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Agreement except with prior consent in writing of MCD, which consent MCD shall

be entitled to decline without assigning any reason whatsoever.

Article 15 – Governing Law and Jurisdiction

15.1 This Contract Agreement shall be construed and interpreted in accordance with and

governed by the laws of India and the Courts at Delhi alone shall have jurisdiction

over all matters arising out of or relating to this Contract Agreement.

Article 16 – Relation between Parties

16.1 Nothing contained in this Contract Agreement shall be construed or interpreted as

constituting a partnership, joint venture or agency between the Parties. Neither Party

shall have any right or authority to represent on behalf of the other nor shall any such

representation to third party (ies) bind the other in any manner whatsoever. This

Contract Agreement is being entered into on a principal to principal basis. The

Consultant shall be an independent contractor and is fully independent in exercising

its rights and/or performing any/all its Scope of Services. The Consultant shall not act

or hold itself out as a servant or employee of MCD.

Article 17 – Notices

17.1 Any payment, notice or other communication to be given by one Party to the other

under, or in connection with the matters contemplated by this Contract Agreement

shall be in writing and shall be delivered by hand/ registered post/ courier at the

following address:

If to MCD: If to The Consultant:


Commissioner‟s Office

Head Office

Delhi

Attention: The Commissioner Attention:

Phone: +91-11- Phone:

Fax: +91-11- Fax:

Email: Email:

17.2 Copies of all notices may also be sent by facsimile and/or email

Article 18 – Waiver

18.1 Waiver by either Party of any default by other Party in the observance and

performance of any provision of or obligations of or under this Contract Agreement: -


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(a) shall not operate or be construed as a waiver of any other or subsequent default

hereof or of other provisions of or obligations under this Contract Agreement;

(b) shall not be effective unless it is in writing and executed by a duly authorised

representative of the Party; and

(c) shall not affect the validity or enforceability of this Contract Agreement in any

manner.

18.2 Neither the failure by either Party to insist, on any occasion, upon the performance of

the terms, conditions and provisions of this Contract Agreement or any obligation

there under nor time or other indulgence granted by a Party to the other Party shall be

treated or deemed as waiver of such breach or acceptance of any variation or the

relinquishment of any such right hereunder.

Article 19 – Survival

19.1 Termination of this Contract Agreement:

(a) shall not relieve the Consultant or MCD of any obligations hereunder which

expressly or by implication survives Termination hereof, and

(b) except as otherwise provided in any provision of this Contract Agreement

expressly limiting the liability of either Party, shall not relieve either Party of

any obligations or liabilities for loss or damage to the other Party arising out of

or caused by acts or omissions of such Party prior to the effectiveness of such

Termination or arising out of such termination.

19.2 All obligations surviving the cancellation, expiration or Termination of this Contract

Agreement shall only survive such Termination or expiry of this Contract Agreement.

Article 20 – Severability

20.1 If for any reason whatever any provision of this Contract Agreement 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 one or

more provisions which may be substituted for such invalid, unenforceable or illegal

provisions, as nearly as is practicable to such invalid, illegal or unenforceable

provision. Failure to agree upon any such provisions shall not be subject to dispute

resolution under this Contract Agreement or otherwise and the invalid, illegal or

unenforceable part shall stand deleted and the rest of the Contract Agreement shall be

enforced.


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Article 21 – Representations and Warranties

21.1 Representations and Warranties of the Consultant:

The Consultant represents and warrants to MCD that:

(a) It is duly organized, validly existing and in good standing under the laws of the

jurisdiction of its incorporation;

(b) It has full power and authority to execute, deliver and perform its obligations

under this Contract Agreement and to carry out the transactions contemplated

hereby;

(c) It has taken all necessary corporate and other action under Applicable Laws and

its constitutional documents to authorize the execution, delivery and

performance of this Contract Agreement;

(d) It has the necessary capabilities essential to undertake the Consultancy

Assignment;

(e) This Contract Agreement constitutes its legal, valid and binding obligation

enforceable against it in accordance with the terms hereof;

(f) It is subject to civil and commercial laws of India with respect to this Contract

Agreement;

(g) There are no actions, suits, proceedings, or investigations pending or, to the

Consultants‟ knowledge, threatened against it at law or in equity before any

court or before any other judicial, quasi judicial or other authority, the outcome

of which may result in the breach of or constitute a default of the Consultant

under this Contract Agreement or which individually or in the aggregate may

result in any Material Adverse Effect on its business, properties or assets or its

condition, financial or otherwise, or any impairment of its ability to perform its

obligations and duties under this Contract Agreement;

(h) It has no knowledge of any violation or default with respect to any order, writ,

injunction or any decree of any court or any legally binding order of any

Governmental Agency which may result in any Material Adverse Effect or

impairment of the Consultant‟s ability to perform its obligations and duties

under this Contract Agreement;

(i) It has complied with all Applicable Laws and has not been subject to any fines,

penalties, injunctive relief or any other civil or criminal liabilities which in the

aggregate have or may have Material Adverse Effect on its financial condition

or its ability to perform its obligations and duties under this Contract

Agreement;

(j) No representation or warranty by the Consultant contained herein or in any other

document furnished by it MCD in relation to Applicable Certificates, permits,

permissions, licenses and other such necessary approvals and sanctions required

under the Contract Agreement contains or will contain any untrue statement of


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material fact or omits or will omit to state a material fact necessary to make such

representation or warranty not misleading; and

(k) No sums, in cash or kind, have been paid or will be paid by or on behalf of the

Consultant, to any person by way of Price, commission or otherwise for

securing the Contract or entering into this Contract Agreement or for influencing

or attempting to influence any officer or employee of MCD in connection

therewith.

21.2 Representations and Warranties of MCD:

MCD represents and warrants to the Consultant that:

(a) MCD, through its authorized representative, has full power and authority to

execute, deliver and perform its obligations under this Contract Agreement;

(b) MCD has taken all necessary action to authorise the execution, delivery and

performance of this Contract Agreement; and

(c) This Contract Agreement constitutes its legal, valid and binding obligation

enforceable against it in accordance with the terms hereof.

21.3 Any of the Representations and Warranties herein contained, if found to be untrue

shall constitute breach of this Contract Agreement.

Article 22 – Counterparts

22.1 This Contract Agreement may be executed in two originals, each of which when

executed and delivered shall constitute an original of this Contract Agreement.


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IN WITNESS WHEREOF, the Parties have executed this Contract Agreement as of the date

first written above.

MCD Consultant

Signature:___________________________

___

Signature: ________________________________

Name:

_________________________________

Name: ___________________________________

Title:

_________________________________

Title: ____________________________________

Witness 1 Witness 2

Signature:

______________________________

Signature: ________________________________

Name:

________________________________

Name: ___________________________________

Title:

________________________________

Title: ___________________________________


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SCHEDULE 1: SCOPE OF SERVICES

Refer to Part II – Terms of Reference (TOR) of RFP Document.


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SCHEDULE 2: MANNING AND REPORTING SCHEDULE

A. Manning Schedule

As provided in Appendix 15 in the Technical Submission of the Bid by the successful

bidder.

B. Reporting Schedule

Sr. No Activity Description Number of Days from date of

signing of Contract Agreement

1 Inception Report 15

2 Interim Report 60

3 Draft Final Report 90

4 Final Report 120

5 Assistance during Implementation 365 days after submission of

final report

Note: Study period for the Consultant, i.e. Four (4) months, will be from the date of

signing of Contract Agreement till the submission of Final Report.

C. Liquidity Damages

In the event of delay by the Consultant to implement the Consultancy Assignment

within the Contract Period for reasons attributable to the Consultant, MCD reserves the

right to recover from the Consultant liquidated damages (and not by way of penalty) on

/ at which there is such delay as follows:

Sr.

No. Particular

Amount

(% of the Contract Value)

1. Upto Two Week @0.5% of the total value of the contract

2. Beyond Two Week @0.75% of the total value of the contract

No delay is permitted beyond four (4) weeks from stipulated delivery period of four (4)

months.


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SCHEDULE 3: MILESTONES AND PAYMENT SCHEDULE

A. The total consultancy fees inclusive of service tax, educational cess and any other

tax/levy/cess in Delhi is Rs………………..in figures (in

words…………………………) towards Scope of Services as defined in Schedule 1.

B. The Consultant shall get the payment in stage manner on the basis of submission of

report, as under

Sr. No Activity Description Payment Schedule

1 Inception Report 10%

2 Interim Report 15%

3 Draft Final Report 25%

4 Final Report 50%

5 Assistance during Implementation 10%

C. The deliverables schedule should be from the start date which shall be the date of

signing of Contract agreement. Also the Implementation Period shall be reckoned from

date of submission of Final Report by the Consultant.


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SCHEDULE 4: PERSONNEL PROFILE

Refer to Part II – Terms of Reference (TOR) of RFP Document.


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SCHEDULE 5: PERFORMANCE SECURITY BANK GUARANTEE

To

The Commissioner


Head Office

Delhi

1. This Deed of Guarantee made this day of _____________ between Bank of

_____________________ (hereinafter called the “Bank”) on the one part, and *

______________ (hereinafter called “the MCD”) of the other part.

2. Whereas Commissioner, Municipal Corporation of Delhi (MCD) has awarded the

Contract for (Description of Item) vide Contract Agreement. (hereinafter called the

Contract Agreement) to:

_____________________________ (Name of Consultant) (hereinafter called the

Consultant).

3. AND WHEREAS the Consultant is bound by the said Contract Agreement to submit to

the MCD a Performance Security for a total amount of Rs.

____________________________ (Amount in Figures and words).

4. NOW, WE THE UNDERSIGNED ____________(Name of Bank)_______ do hereby

unconditionally and irrevocably undertake to pay to MCD an amount not exceeding

Rs.______________ (Rupees ______________________________________ only)

without any demur, merely on a demand in writing from MCD stating that the amount

claimed is due and payable by the Consultant. Any such demand made on the Bank

shall be conclusive as regards the amount due and payable by the Bank under this

Guarantee. We, the Bank, further undertake to pay to the MCD any money so

demanded notwithstanding any dispute raised by the Consultant in any manner

whatsoever and our liability under these presents is absolute, unconditional,

unequivocal and irrevocable.

5. We, the Bank, further agree that the Guarantee herein contained shall remain in full

force and effect during the period that would be taken for the performance of the said

agreement.

6. This Guarantee is valid for a period of ______________________ (Duration in calendar

months in figures and words) from the date of signing. (The initial period for which this

Guarantee will be valid must be for at least six (6) months longer than the anticipated

Expiry Date). We undertake not to revoke this guarantee during its currency without the

written consent of MCD.

7. At any time during the period in which this Guarantee is still valid, if MCD agrees to

grant a time extension to the Consultant or if the Consultant fails to complete the works


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within the time of completion as stated in the Contract Agreement, or fails to discharge

itself of the liability or damages or debts as stated under Para 5, above, it is understood

that the Bank will extend this Guarantee under the same conditions for the required time

on demand by MCD and at the cost of the Consultant.

8. The Guarantee hereinbefore contained shall not be affected by any change in the

Constitution of the Bank or of the Consultant.

9. The neglect or forbearance of MCD in enforcement of payment of any moneys, the

payment whereof is intended to be hereby secured or the giving of time by MCD for the

payment hereof shall in no way relieve the Bank of their liability under this deed.

10. We, the Bank, undertake not to revoke this Guarantee except with the previous consent

of MCD in writing. This Guarantee shall be valid up to _______________ and we

undertake to renew/extend this Guarantee from time to time till the completion of

performance by the Consultant of its obligations under the Contract Agreement and/or

as demanded by MCD.

11. The expressions “MCD”, “the Bank” and “the Consultant” hereinbefore used shall

include their respective successors and assignees.

In witness whereof I/We of the Bank have signed and sealed this guarantee on the

_________day of _________2010___________ being herewith duly authorised.

For and on behalf of the ______________Bank

Signature of authorised Bank official

Name:_________________________________

Designation:____________________________

Stamp/Seal of the Bank:__________________

Signed, sealed and delivered

for and on behalf of the Bank

by the above named ______________

in the presence of :

Witness 1.

Signature____________________

Name: ______________________

Address: ____________________

Witness 2.

Signature:___________________

Name:______________________

Address: ____________________