Professional Documents
Culture Documents
1 SBMUADDRFP2023 Final
1 SBMUADDRFP2023 Final
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E-TENDER NOTICE
Dated: 06/10/2023
On behalf of Directorate of Urban Administration & Development, Madhya Pradesh
technical and financial portal https://mptenders.gov.in/ from experienced agencies
for the work mentioned below:
Bid
Document Tender
Tender Tender
Fee Online submission Duration
S. No. Name of Work EMD (Rs.) Download Opening
Query End of Project
Start Date Date
Submision Date
The bidder must furnish details of the relevant past experience with certificates of authority, Agency profile, audited
financial results as per the format prescribed in the Request for Proposal (RFP) document to be downloaded from
https://mptenders.gov.in/. The Pre-Bid meeting will be held in the O/o Directorate of Urban Administration &
Development, 6 No. Stop, Shivaji Nagar, Bhopal, Madhya Pradesh 462016.
Information regarding Online Payment of Tender Document, E-service & EMD Fee:- The agencies can download
the tender document from the Portal: https://mptenders.gov.in/. The agencies shall have to pay for the Tender
document/ RFP document & E-service Fee online by using the service of secured Electronic Payment Gateway. The
secured Electronic Payment Gateway is an online interface between the agencies and online payment authorized
networks. The payment for Tender Document Fee and E-service Fee can be made by eligible agencies/ agencies
online directly through RTGS/NEFT & Internet Banking Accounts and similarly for EMD. The EMD shall be in Indian
Rupees and shall paid online on www.mptender.gov.in portal”.
No exemption shall be granted to any category of Bidders from submitting the EMD. EMD in any other form/format
will NOT be entertained.
Note:-If the tenders are cancelled or recalled on any ground(s), the tender document fee & E-service
fee will not be refunded to the agencies/ agencies. All the tenders will be received through e-tendering only.
Tenders will be opened on the prescribed date as mentioned above in the presence of the agency or their
representative, who like to be present in the office of Directorate of Urban Administration & Development, No
6, Shivaji Nagar, Bhopal, Madhya Pradesh 462016 .
The other terms and conditions regarding above tender notice can be read/seen on website
https://mptenders.gov.in/
Sd/
Commissioner, UADD, Bhopal
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Disclaimer
The information contained in this Request for Proposal document (“RFP”) or subsequently
provided to Applicants, whether verbally or in documentary or any other form by or on behalf of
the UADD or any of its employees or advisers, is provided to Applicants on the terms and
conditions set out in this RFP and such other terms and conditions subject to which such
information is provided.
This RFP is not an agreement or an offer by the UADD to the prospective Applicants or any
other person. The purpose of this RFP is to provide interested parties with information that may
be useful to them in the formulation of their Proposals pursuant to this RFP. This RFP includes
statements, which reflect various assumptions and assessments arrived at by the UADD in
relation to set up the state PMU by hiring qualified experts/specialists / supporting staff through
a Professional Service Provider (PSP). Such assumptions, assessments and statements do not
purport to contain all the information that each applicant may require. This RFP may not be
appropriate for all persons, and it is not possible for the UADD, its employees or advisers to
consider the objectives, technical expertise and particular needs of each party who reads or uses
this RFP. The assumptions, assessments, statements and information contained in this RFP, may
not be complete, accurate, adequate or correct. each applicant should, therefore, conduct its own
investigations and analysis and should check the accuracy, adequacy, correctness, reliability and
completeness of the assumptions, assessments and information contained in this RFP and obtain
independent advice from appropriate sources.
Information provided in this RFP to the applicants may be on a wide range of matters,
some of which may depend upon interpretation of law. The information given is not intended to
be an exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The UADD accepts no responsibility for the accuracy or otherwise
for any interpretation or opinion on the law expressed herein.
The UADD, its employees and advisers make no representation or warranty and shall
have no liability to any person including any applicant under any law, statute, rules or regulations
or principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or
expense which may arise from or be incurred or suffered on account of anything contained in
this RFP or otherwise, including the accuracy, adequacy, correctness, reliability or completeness
of the RFP and any assessment, assumption, statement or information contained therein or
deemed to form part of this RFP or arising in any way in this selection process.
The UADD also accepts no liability of any nature whether resulting from negligence or
otherwise however caused arising from reliance of any applicant upon the statements contained
in this RFP.
The UADD may in its absolute discretion, but without being under any obligation to do so,
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update, amend or supplement the information, assessment or assumption contained in this RFP.
The issue of this RFP does not imply that the UADD is bound to select an applicant or to
appoint the selected applicant, as the case may be, for the PMU Services and the UADD reserves
the right to reject all or any of the proposals without assigning any reasons whatsoever.
The applicant shall bear all its costs associated with or relating to the preparation and
submission of its proposal including but not limited to preparation, copying, postage, delivery
fees, expenses associated with any demonstrations or presentations which may be required by
the UADD or any other costs incurred in connection with or relating to its Proposal. All such costs
and expenses will remain with the applicant and the UADD shall not be liable in any manner
whatsoever for the same or for any other costs or other expenses incurred by an applicant in
preparation or submission of the proposal, regardless of the conduct or outcome of the selection
process.
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Abbreviation:
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Contents
SECTION 1: INVITATION FOR PROPOSALS .......................................................................................................................................................... 9
1.1 Background............................................................................................................................................................................................... 9
1.2 Request for Proposal ......................................................................................................................................................................... 10
1.3 Due diligence by Applicants ........................................................................................................................................................... 10
1.4 Sale of RFP Document ....................................................................................................................................................................... 10
1.5 Brief description of the Selection Process ............................................................................................................................... 10
1.6 Earnest Money Deposit (EMD)...................................................................................................................................................... 11
1.7 Validity of the Proposal .................................................................................................................................................................... 11
1.8 Schedule of Selection Process ....................................................................................................................................................... 11
1.9 Pre-Proposal visit ............................................................................................................................................................................... 12
1.10 Pre-Bid Conference ............................................................................................................................................................................ 12
1.11 Communications .................................................................................................................................................................................. 12
1.12 Scope of work ....................................................................................................................................................................................... 12
1.13 Requirement of Experts/Specialists ........................................................................................................................................... 15
1.14 Time Period of the Project .............................................................................................................................................................. 16
SECTION 2: INSTRUCTIONS TO BIDDERS .......................................................................................................................................................... 17
2.1 General Terms of Bidding ............................................................................................................................................................... 17
2.2 Prequalification Criteria - Conditions of Eligibility of Applicants ................................................................................. 18
2.3 Composition of Consortium ........................................................................................................................................................... 19
2.4 Cost of the Bidding ............................................................................................................................................................................. 19
2.5 Conflict of Interest .............................................................................................................................................................................. 19
2.6 Assumption on submission of the Bid ....................................................................................................................................... 20
2.7 Verification and Disqualification .................................................................................................................................................. 21
2.8 Format and Signing of Bid............................................................................................................................................................... 22
2.9 Late bids .................................................................................................................................................................................................. 22
2.10 Contents of Bid ................................................................................................................................................................................................. 22
2.11 Modification/Substitution/Withdrawal of Bids............................................................................................................................. 23
2.12 Rejection of Bids .............................................................................................................................................................................................. 23
2.13 Validity of Bids.................................................................................................................................................................................................. 23
2.14 Confidentiality .................................................................................................................................................................................................. 24
2.15 Substitution of Key Personnel.................................................................................................................................................................. 25
2.16 Number of Proposals ......................................................................................................................................................................... 25
2.17 Amendment of RFP ............................................................................................................................................................................ 26
2.18 Preparation and Submission of Proposal ................................................................................................................................. 26
2.19 Format and signing of Proposal ................................................................................................................................................... 26
2.20 Technical Proposal ............................................................................................................................................................................. 27
2.21 Financial Proposal .............................................................................................................................................................................. 28
2.22 Submission of Proposal ................................................................................................................................................................... 29
2.23 Payment to PSP .................................................................................................................................................................................... 29
2.24 List of Annexures/Appendices of the RFP ............................................................................................................................... 30
SECTION 3: CRITERIA FOR EVALUATION .......................................................................................................................................................... 31
3.1 Evaluation of Financial Proposal ................................................................................................................................................. 36
3.2 Combined and Final Evaluation.................................................................................................................................................... 36
3.3 Award of PSP Contract...................................................................................................................................................................... 37
3.4 Execution of Agreement ................................................................................................................................................................... 37
3.5 Commencement of Assignment .................................................................................................................................................... 37
SECTION 4: FRAUD AND CORRUPT PRACTICES ............................................................................................................................................. 38
SECTION 5: MISCELLANEOUS .................................................................................................................................................................................. 40
5.1 Selection Process................................................................................................................................................................................. 40
5.2 Settlement of Dispute ........................................................................................................................................................................ 40
5.3 Termination........................................................................................................................................................................................... 41
5.4 Consequence of Termination ......................................................................................................................................................... 42
5.5 Force Majeure ....................................................................................................................................................................................... 43
Terms of Reference (TOR) ......................................................................................................................................................................................... 46
APPENDIX-I ...................................................................................................................................................................................................................... 57
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APPENDIX-II .................................................................................................................................................................................................................... 58
Form 1: Letter of Proposal .......................................................................................................................................................................................... 58
Form 2: Particulars of the Applicant ...................................................................................................................................................................... 61
Form 3: Statement of Legal Capacity ..................................................................................................................................................................... 62
Form 4: Power of Attorney ......................................................................................................................................................................................... 63
Form 5: Financial Capacity of the Applicant ....................................................................................................................................................... 65
Form 6: List of Eligible Project Experience of Bidder .................................................................................................................................... 66
Form 7: Details of Eligible Assignments of Applicant .................................................................................................................................... 67
Form 8: Abstract of Key Personnel ......................................................................................................................................................................... 68
Form 9: Curriculum Vitae (CV) of Key Personnel ............................................................................................................................................ 69
Form 10: Approach, Methodology and Work Plan .......................................................................................................................................... 70
APPENDIX-III .................................................................................................................................................................................................................. 71
FIN Form 1: Covering Letter ...................................................................................................................................................................................... 71
FIN Form 2: FORMAT FOR FINANCIAL BID ........................................................................................................................................................ 72
Appendix-IV ..................................................................................................................................................................................................................... 74
Form 1: PERFORMANCE BANK GUARANTEE FORMAT................................................................................................................................ 74
Appendix-V....................................................................................................................................................................................................................... 76
Form 1: SERVICE/CONTRACT AGREEMENT ..................................................................................................................................................... 76
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DOCUMENT CONTROL SHEET
Competitive Request for Proposal (RFP)
for
Short-listing / Selection of Professional Service Provider (PSP) for providing Experts/
Specialists for setting up of State Project Management Unit (PMU) under Swachh Bharat
Mission (Urban) 2.0 in Urban Local Bodies Madhya Pradesh
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SECTION 1: INVITATION FOR PROPOSALS
1.1 Background
1.1.1 The Directorate of UADD, Madhya Pradesh was established on Xst April, 19XX. The
Department was established to give impetus to the 74th amendment of the constitution
and to lay a solid foundation for the Urban Development in the State of Madhya Pradesh.
Madhya Pradesh is one of the most progressive states in India and its people are quite
proactive in keeping themselves abreast of the changing global landscape. With rapid
urbanization, growing needs of the citizens for efficient & effective service delivery,
better civic amenities thereby providing better living standards, the activities of the
department have multiplied manifolds. For efficient and effective service delivery, the
department is encouraging replacement of traditional delivery system of public services
by new and improved system of governance that works better, costs less and is capable
of serving the citizens’ needs with ease.
Meanwhile, the Central Government has launched the Swachh Bharat Mission (Urban) 2.0 to
achieve the vision of a “Garbage Free” Urban India, more focus is required to be given to issues
such as source segregation, collection & transportation, and processing, including effective
management of Construction & Demolition waste, plastic waste management including
reduction in single use plastic, and remediating all legacy dumpsites.
Directorate of Urban Administration & Development has been designated as State Level Nodal
Agency (UADD) for Swachh Bharat Mission (Urban). At Present, there are 408 Urban Local
Bodies (16 Municipal Corporations, 98 Municipal Councils and 204 Nagar Panchayats) in the
State which are headed by Municipal Commissioners and other established officers. The
Department, having recognized the need to integrate the reform initiatives and scale up the
effort to catalyze investment in urban sanitation across Madhya Pradesh, is taking several
measures and develop new projects and concepts.
Since the UADD will require significant institutional and management capacity for
development and management of the projects, and has decided to engage services of a
Professional Service Provider (“PSP”) for providing required number of qualified and capable
experts/specialists for setting up of one Project Management Unit (PMU) in UADD at Bhopal
for the mission period of SBM-Urban 2.0 and the same can be extended as per the mission
requirement or as per directions by Ministry of Housing & Urban Affairs (MoHUA).
1.1.2 The UADD decided that the project will be developed and monitored through state PMU
by hiring qualified experts/specialists through a PSP, which is selected through a
competitive bidding process. The PSP shall provide qualified and experienced technical
experts at state level in accordance with the terms and conditions stated in the
agreement to be entered into between the UADD and the PSP.
The Technical Experts/Specialists provided by the selected agency for the PMU will be
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dedicated full time staff and will be stationed at O/o UADD. The day-to-day work of the technical experts
The UADD intends to select the PSP through an open competitive bidding in accordance
with the procedure set out herein.
1.3 Due diligence by Applicants
Applicants are encouraged to inform themselves fully about the assignment before
submitting the Proposal and attending a Pre-Proposal Conference on the specified date
and time.
1.4 Sale of RFP Document
RFP document can be downloaded from https://mptenders.gov.in/ from 04.10.2023 to
06.11.2023. The amount of Rs. 15,000/- is applicable to purchase the RFP document,
additional portal fees will be applicable for e-service charges of mptender.gov.in. Mode
of payment will be online only through the same portal.
1.5 Brief description of the Selection Process
Three Stage bidding process: For selecting the professional service provider, UADD has
carried out three stage bidding process, wherein there is a prequalification phase,
technical proposal will be opened only, if the bidder qualifies the prequalification
criteria. Financial proposal of only those bidders who qualify at technical stage will be
opened. viz.:
• Part 1: Prequalification
• Part 2: Technical Proposal
• Part 3: Financial Proposal
The Bid Security should be submitted along with the Proposal and in the manner
prescribed hereinafter. All Bidders are required to submit their Proposal(s)
(Prequalification, Technical Proposal and Financial Proposal) in accordance with
the guidelines set forth in this RFP. In order to enable the Bidders to prepare proposal in
a consistent manner and to minimize misunderstandings regarding how Bidders’
proposals will be interpreted by UADD, the format in which Bidders will specify the
fundamental aspects of their Proposals has been broadly outlined in this RFP, as under:
a) The evaluation of the Proposals would be carried out based on
Technical Parameters. The evaluation of the Technical Proposal shall
be based on criteria mentioned in this RFP.
b) UADD will issue a Letter of Intent (LoI) to the Selected PSP. In this
RFP, the term “PSP” refers to the preferred Bidder selected by UADD
after evaluation of Technical and Financial Proposals.
c) UADD reserves the right not to follow up this RFP and terminate the entire
selection process without any obligation or liability to any of the Bidders,
of any kind whatsoever.
d) A prospective Bidder having any comments on the RFP, may notify UADD in
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writing. Bidders should send in their comments in writing latest by the Last Date for Receiving
Query
e) Within Fifteen (15) days from the issue of LoI, the Selected Bidder would be
required to submit Performance Bank Guarantee of 3% (Three) of the contracted
amount valid for the project period.
f) The Bank Guarantees shall remain valid and in custody of UADD till the period specified
in agreement. The selected PSP shall also be required to sign the agreement within
fifteen (15) days from date of issue of LoI.
1.6 Earnest Money Deposit (EMD)
a) The bidder shall furnish, as part of the pre-qualification proposal, an Earnest Money
Deposit (EMD) amounting to Rs. 20,00,000/- (Rs. Twenty lakh only).
b) The EMD shall be in Indian Rupees and shall be paid online on www.mptender.gov.in”.
No exemption shall be granted to any category of Bidders from submitting the EMD.
EMD in any other form/format (other than online payment) will NOT be entertained.
c) Refund of EMD: The earnest money of unsuccessful bidder shall be refunded without
interest after final award of contract.
d) The EMD lying with the UADD in respect of any other tender/ RFP/ Expression of
Interest awaiting approval or rejection or on account of contracts being completed will
not be adjusted towards EMD for this RFP. The EMD may however, be taken into
consideration in case RFP for this purpose are re-invited.
e) EMD of the successful bidder will be released after the bidder signs the final agreement
and furnishes the Performance Bank Guarantee (PBG) as per Form 1 of Appendix IV.
f) The Earnest Money will be forfeited on account of one or more of the following reasons:
i. Bidder withdraws its proposal during the validity period specified in RFP.
ii. Bidder does not respond to request for clarification of its proposal.
iii. Bidder fails to provide required information during the evaluation process or is
found to be non-responsive.
iv. In case of successful bidder, who fails to sign the agreement in time; or furnish
Performance Bank Guarantee.
1.7 Validity of the Proposal
The Proposal shall be valid for a period of not less than 180 days from the Proposal Due
Date.
1.8 Schedule of Selection Process
The UADD would endeavor to adhere to the following schedule:
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1 Signing of Agreement Within 15 Days of LoA
2 Validity of Application 180 Days of Proposal Due Date
1.9 Pre-Proposal visit
Prospective applicants may visit the office of the UADD to review the available
documents and data at any time prior to the due date. For this purpose, they will provide
at least two days’ notice to the nodal officer specified below:
Commissioner,
Directorate of Urban Administration & Development, Bhopal, MP
Phone: 0755-2554083,e-mail:
[email protected]
1.10 Pre-Bid Query Submision
The prospective bidder shall submit all queries thru email before prescribed date, time. Any
Queries after the query submission date will not be entertained.
Event Description Date, Time and Venue
Pre-bid conference 14.10.2023, 11:00 am
Email: [email protected]
Communications
1.11 All communications including the submission of Proposal should be addressed to:
Commissioner,
Directorate of Urban Administration & Development,
Bhopal, Madhya Pradesh
Email: [email protected]
Scope of work:
1.12 The UADD intends to institutionalize a holistic, integrated, sustainable and environment
friendly system in the State in line with the objective of “Swachh Bharat Mission 2.0”.
Keeping this in view, the consultant needs to inspect and study the existing practices
adopted by State and provide technical support to UADD for meeting the objectives of
the “Swachh Bharat Mission-Urban 2.0”
The major scope of work of the Professional Service Provider (PSP) shall include:
To provide technical advisory services in monitoring, supervising and implementing
SBM 2.0.
• To setup the coordination with MoHUA and National Level PMU.
Provide assistance to the UADD for implementation of guidelines in all ULBs in the state
• by following different components of SBM (Urban) 2.0 as per the guidelines.
Provide assistance to UADD to prepare and notify the bye-laws at the State and ULB level as per
•
SBM-U guidelines/waste management rules.
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• Provide assistance to UADD in ensuring/monitoring that all ULBs are implementing the
bye-laws
• In the work of operationalizing the Sanitation Plan at city level, the PMU will assist the
UADD in preparation and updation of the City Sanitation Plans, new City Sanitation
Plans, Request for Proposals (RFP) and assist the UADD in carrying out in empanelment
of bidders, advisors specialized government institutions & other third party service
providers.
• Assisting the UADD in design and implementation of suitable reward schemes that
provide incentives to ULB to achieve positive sanitation outcomes and promote
demand-based sanitation while ensuring that suitable protocols for maintenance are
set up.
• The selected PSP shall provide all the necessary office equipment including computers,
printers, office software, documents, data and other essential resources to the PMU at
the office space provided by UADD. The PMU shall post experts with appropriate
qualifications to work in the office. Such office shall be used by the Consultant as its
common platform for rendering services in respect of the mission.
• The PMU shall assist the UADD in the engagement of consultants for undertaking
technical activities (engineering surveys, engineering design, preparation of feasibility
reports, and tender documents etc.). The cost of engagement of such consultants shall
be borne by UADD based on actual basis.
• The PMU shall facilitate the procurement of works contractors by providing assistance
for preparation of bid documents, bid process management, and evaluation of bids.
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Solid Waste Management
• Provide assistance to the UADD in undertaking gap analysis for the various components
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of solid waste (based on available secondary data and if required primary data).
The analysis will based on data filled on State MIS and Swachhatam portal.
• For ULBs under NCAP and with population greater than 5 Lakh, assist in identifying
major sources of construction & demolition waste, estimating quantity of C&D waste
generation and characteristics of waste, list all major construction and demolition
contractors operating in the ULBs, identify existing sites for dumping of C&D waste,
identify new sites for setting up facilities for processing of C&D waste, identify major
roads requiring sweeping for dust control, etc.
• Provide assistance to UADD for preparation of City Solid Waste Action Plan (CSWAP) as
per SBM-Urban 2.0 guidelines.
• Provide assistance to consolidate all CSWAPs into a State Level Action Plan for Solid
Waste Management, specifying time frame, finances, operational components and
guidelines for components, to enable the state to identify and earmark resources. In
case existing state level plan is available, the PMU will assist in updating this plan.
• Provide assistance to prepare year-wise targets for Garbage Free Cities (GFC)
certification by consolidating all the CSPs. Identify ULBs that can achieve 1-star, 3-start,
5-star, 7-star GFC ratings within first year of mission implementation and prioritize
works in such ULBs.
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1.13 Requirement of Experts/Specialists
To perform the above scope of work the selected bidder should provide at least following
manpower:
Total A+ B 51
Time period of the project is to be considered as mission period (from the date of
signing of agreement to 2nd Oct 2026); start date of the project being the signing date of
contract agreement with UADD till Oct 2026.
The project duration may be extended beyond 2nd Oct 2026, for maximum of two years
in a block of one year each instance, on mutual agreement with same terms and
conditions as per the mission/project requirement or as per the directions of UADD,
Madhya Pradesh.
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SECTION 2: INSTRUCTIONS TO BIDDERS
2. INSTRUCTIONS
2.1 General Terms of Bidding
• Bidder shall carefully study the RFP document and fully acquaint himself of all
the terms and conditions. If the Bidder finds discrepancies or omissions in the
documents or has any doubt, he may seek clarification by submission of his
observations at least five days prior to the date of submission of tender.
• Bidder is expected to study carefully the RFP. Failure to furnish any information
is required in the tender document or submission of incomplete Bid may result
in rejection of the bid.
• At any time prior to the deadline for submission of Bids, the UADD may, for any
reason, whether at his own initiative or in response to clarification requested
by prospective bidder modify the RFP.
• In order to give prospective bidders’ reasonable time for preparing their Bids
after the issue of addenda if any, the UADD may at his discretion extend the
deadline for the submission of Bids.
• The Bid shall be submitted in English language only and all the correspondence
and documents relating to the Bid shall be written in English language.
Supporting documents and printed literature may be furnished by the Bidder
with his Bid in another language provided an appropriate translation of the
same into English language kept with the Bid document. The failure to comply
with this condition may cause rejection of the Bid. For the purpose of
interpretation of the bid, the text in the English language shall prevail
• No conditional Bid shall be accepted.
• All payments to the Agency shall be made only in Indian Rupees (Rs.).
• In exceptional circumstances, prior to expiry of the original Bid validity period,
the UADD may request the bidders for extension in the period of Bid validity.
The request and the response there to shall be made in writing. The bidders
agreeing to the request will not be permitted to modify their Bids. The
provision regarding discharge and forfeiture of Bid Security shall remain valid
during the extended period of Bid validity.
• If the Bid is to be submitted by a Public or Private Ltd company or Trust,
Society or Partnership Firms or any other entity, it shall be signed by a duly
authorized person holding the authorization letter/Power of Attorney for
signing the Bid. A certified copy of the Power of Attorney/Authorization letter
shall accompany the Bid.
• All witnesses and sureties shall be persons of status and probity and their full
names, occupations and addresses shall be stated below their signatures.
• To facilitate the evaluation on Bid, the UADD may ask Bidders individually for
clarification of their Bids including breakdown of unit rates/prices. The request
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for clarification and the response to the same shall be in writing. No change in the Bid price
• UADD reserves the right to reject any or all of the Bids, without assigning any
reason whatsoever and their decision shall be final and binding. No Bidder
shall stake any claim arising out of such rejection.
• Bids determined to be substantially responsive will be checked for any
arithmetical errors in computation and submission. Error will be corrected by
the authorized representative of the UADD. Where there is a discrepancy
between amount in figures and in words, the latter shall be taken into
consideration.
• The Bid document shall be neatly typed and shall be signed by the Bidder or a
person or persons duly authorized to sign on behalf of the Bidder. He/ She shall
sign all pages of the tender document and initial all corrections made therein.
• Incomplete Bids or Bids not fulfilling any of the conditions specified above are
liable to be rejected without assigning any reason whatsoever.
• Bidder is advised to read carefully all chapters and give complete information
regarding his proposals. All relevant information, so as to make the proposal
understandable shall be given. If in the opinion of the UADD, the proposal is
grossly incomplete, this will form sufficient reason for complete rejection of the
Bid on technical grounds.
2.2 Prequalification Criteria - Conditions of Eligibility of Applicants
2.2.1 Applicants must carefully read the minimum conditions of eligibility (the “
Conditions of Eligibility”) provided herein. Proposals of only those Applicants
who satisfy the Conditions of Eligibility will be considered for evaluation.
2.2.2 To be eligible for evaluation of its Technical Proposal, the Applicant shall fulfill the
following prequalification criteria:
(A) A legal entity, partnership firms/LLP/organizations/company/ (copy of
incorporation/registration needs to be submitted) registered in India under
applicable law
(B) Financial Capacity: The Applicant shall have a minimum average annual
turnover of INR 100 crore (INR HUNDRED crore) during the three financial
years preceding the PDD. Out of this, the applicant should have a turnover of
minimum 30 crores (INR Fifty crore) from advisory/ consultancy services and
10crores (INR Thirty crore) out of advisory/consultancy in the field of
Environment/Solid Waste/ Sanitation / Water / Urban Infrastructure/Smart
City/Urban Water Supply etc. for Central/ State Government (Department /
Autonomous body / Parastatal Body/Corporation / Board / SPV / Agency
/ Authority / Trust / ULBs etc.)/PSUs. For the avoidance of doubt, turnover
would mean gross receipt of applicant for providing manpower, advisory or
consultancy services to its clients. Agencies which are not having experience
in handling similar assignments mentioned above are not allowed to
participate.
(C) Should have registered PAN and TAN issued by the competent income tax
Authority in India.
(D) Should have valid GST registration with competent Authority in India
(E) The agencies should not have been blacklisted by central/state agency/multi-
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lateral agency/ PSUs/ Semi-government organization/ Corporation/ULBs; as
on date of this RFP. An undertaking to this effect to be submitted.
(F) Duly notarized power of Attorney; however, such Power of Attorney would
not be required if the Application is signed by a partner or Director (on the
Board of Directors) of the Applicant.
(G) EMD and Tender fee as required
Documentary Proofs validating Prequalification criteria (A to H) as above shall be
submitted in Hard copy as well as on e-tenders website. Failure to submit the above-
mentioned documents on or before the PDD shall lead to disqualification.
2.2.3 The Applicant shall enclose with its proposal, certificate(s) from its Statutory
Auditors stating its total revenues from professional fees and professional charges
from Central/State Government/Multi-lateral agencies/PSUs during each of the
past three financial years. In the event that the Applicant does not have a
statutory auditor, it shall provide the requisite certificate(s) from the firm of
Chartered Accountants that ordinarily audits the annual accounts of the
Applicant.
2.2.4 The Applicant should submit a Power of Attorney as per the format at Form - 4 of
Appendix- I; provided, however, that such Power of Attorney would not be
required if the Application is signed by a partner or Director (on the Board of
Directors) of the Applicant.
2.2.5 While submitting a Proposal, the Applicant should attach clearly marked and
referenced continuation sheets in the event that the space provided in the
specified forms in the Appendices is insufficient. Alternatively, Applicants may
format the specified forms making due provision for incorporation of the
requested information.
2.3 Composition of Consortium
Since UADD require specialized services, Consortium or Joint Venture (JV) is
allowed. The bidder can have not more than one consortium partners.
2.4 Cost of the Bidding
The Bidders shall be responsible for all of the costs associated with the preparation
of their Bids and their participation in the Bidding Process. The UADD will not be
responsible or in any way liable for such costs, regardless of the conduct or outcome
of the Bidding Process
2.5 Conflict of Interest
A Bidder shall not have a conflict of interest that affects the Bidding Process. Any
Bidder found to have a Conflict of Interest shall be disqualified. A Bidder shall be
deemed to have a Conflict of Interest affecting the Bidding Process, if:
i. The Bidder, its member or Associate (or any constituent thereof) and any
other Bidder, its Member or any Associate thereof (or any constituent
thereof) have common controlling shareholders or other ownership interest with
another
ii. A constituent of such Bidder is also a constituent of another Bidder; or
iii. Such Bidder, or any Associate thereof receives or has received any direct or
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indirect subsidy, grant, concessional loan or subordinated debt from any
other Bidder, or any Associate thereof or has provided any such subsidy,
grant, concessional loan or subordinated debt to any other Bidder, its
Member or any Associate thereof; or
iv. Such Bidder has the same legal representative for purposes of this
Application as any other Bidder; or
v. Such Bidder, or any Associate thereof has a relationship with another Bidder,
or any Associate thereof, directly or through common third party/ parties,
that puts either or both of them in a position to have access to each other’s
information about, or to influence the Application of either or each other;
vi. Such Bidder, has participated as a consultant to the UADD in the preparation
of any documents, design or technical specifications of the Project.
2.6 Assumption on submission of the Bid
It would be deemed that by submitting the Bid, Bidder has:
• Made a complete and careful examination/study of RFP document,
• Satisfied himself about all matters, things and information in relation to this RFP
necessary and required for submitting an informed Bid, execution of the Project
in accordance with the Bidding Documents and performance of all of its
obligations there under;
• Acknowledged and accepted the risk of inadequacy, error or mistake in the
information provided in the RFP Documents or furnished by or on behalf of the
UADD in relation to the RFP.
• 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 this RFP hereinabove 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 UADD or a ground for Termination of the
Agreement; and
• Agreed to be bound by the undertakings given by him under and in terms
hereof
• Acknowledged that and agreed that UADD or relating to RFP, the Bidding
Documents or the Bidding Process, including any error or mistake therein or in
any information or data given by the UADD.
2.7 Verification and Disqualification
UADD reserves the right to verify all statements, information and documents
submitted by the Bidder in response to the RFP or the Bidding Documents and the
Bidder shall, when so required by UADD, make available all such information,
evidence and documents as may be necessary for such verification. Any such
verification or lack of such verification, by the UADD shall not relieve the Bidder of
its obligations or liabilities hereunder nor will it affect any rights of the UADD there
under.
The UADD reserves the right to reject any Bid and appropriate the Bid Security if:
• At any time, a material misrepresentation is made by a bidder or uncovered
by the UADD or
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• The bidder does not provide, within the time specified by the UADD, the
supplemental information sought by the UADD for evaluation of the Bid.
Such misrepresentation/ improper response shall lead to the
disqualification of the Bidder.
• In case it is found during the evaluation or at any time before signing of the
agreement or after its execution and during the period of subsistence
thereof, including the concession thereby granted by the UADD, that one or
more of the pre-qualification conditions have not been met by the bidder, or
the bidder has made material misrepresentation or has given any materially
incorrect or false information, the bidder shall be disqualified forthwith. In
such an event, the UADD shall be entitled to forfeit and appropriate the Bid
Security or Performance Security, as the case may be, as Damages, without
prejudice to any other right or remedy that may be available to the UADD
under the Bidding Documents and/or the Agreement, or otherwise.
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• Documentary Proof for valid GST
registration duly Notarized Affidavit for Non-
blacklisting
• Power of Attorney
• EMD and Tender fee:
• Online payment proof of Bid Document of Rs. 15,000/- .
• Bid Security / Ernest Money Deposit of Rs. 20,00,000/- (Twenty Lakh
only) in the form of ONLINE PAYMENT of Commissioner, UADD.
• Bidder shall also include, documents which bidder feels is/are required
to justify / cleary emphasis the eligibility of bidder as described in this
RfP.
Technical Proposal
The Technical Proposal shall comprise of the following:
a. Letter of Bid submission duly signed by the authorized representative of the
Bidder (Annexure-I) (to be uploaded on website).
b. Bidder Details as per the format specified in Annexure (to be uploaded on
website).
c. Technical Capacity details as per the formats specified in Annexure (to be
uploaded on website).
d. Anti-Collusion Certificate. (to be uploaded on website)
e. Affidavit on Stamp of Rs 100/-, declaring that Bidder is not barred netiher
blacklisted with any of the Cetnral / State Government department,
Municipality, NGO etc.
All these documents shall be numbered serially. Any Bid not containing any of the
above documents shall be liable to be rejected.
The Pre-qualification and Technical documents shall be submitted in physical form
(original) on or before the proposal due date. The prequalification documents (A to
H) shall be verified during the technical opening. Proposals submitted without these
original documents shall be rejected.
Financial Bid
The Financial Bid shall be submitted as per the given RFP. (to be uploaded on website)
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2.12 Validity of Bids:
a) The Bid submitted by a Bidder shall be valid for minimum period of 180 (one
hundred eighty) days from the Bid Due Date. No conditional validity in whatsoever
form shall be accepted by the UADD.
b) No Bidder shall submit more than one Bid for the Project.
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2.13 Confidentiality
Information relating to the examination, clarification, evaluation and
recommendation for the Bidders shall not be disclosed to any person who is not
officially concerned with the process or is not a retained professional advisor
advising the UADD in relation to or matters arising out of, or concerning the
Bidding Process. The UADD will treat all information, submitted as part of the Bid,
in confidence and will require all those who have access to such material to treat
the same in confidence. The UADD may not divulge any such information unless it
is directed to do so by any statutory entity that has the power under law to
require its disclosure or is to enforce or assert any right or privilege of the
statutory entity and/ or the UADD or as may be required by law or in connection
with any legal process.
2.13.1 Key Personnel
a) The PSP should have adequate number of professionals and support staff for
carrying out the assignment in their agency. CVs of state level senior management
team (as below) will be evaluated.
Program Management Unit (PMU) - Details of Experts and Quantity
1. Team Leader (1 Expert): – Master's. or equivalent from reputed educational
institution with minimum 15 years of relevant experience after attaining the
requisite minimum qualification.
2. Solid Waste Management Expert (1 Expert): – Master’s in civil engineering/
Environmental Engineering/ Public Health/Sanitary
Engineering/Planning/Environmental Law and Professional Degree / Course in
Environment Law/Policy or equivalent from reputed educational institution with
minimum 15 years of experience.
3. IEC Specialist (1 Specialist) – Master’s in management/Master’s/Bachelor’s
degree in Mass Communication / Journalism/ Media Studies / Social
Work/Literature/science or equivalent with minimum 15 years of relevant
experience attaining the requisite minimum qualification and 5 years of professional
experience/working expertise with ULB/State/Centre.
4. Waste-Water Expert (1 Expert): -MTech/B.Tech/Graduate in Civil
Engineering/ Environmental Engineering/Water Science/ Public Health
Engineering/Sanitation/Planning/ Environmental Engineering/Water Science or
equivalent from reputed educational institution with minimum 15 years of relevant
experience attaining the requisite minimum qualification.
5. Finance Specialist (1 Expert)- Master in Management/MBA-Finance/CA/CS
with minimum 15 years of relevant experience attaining the requisite minimum
qualification and 8 years of professional Finance expertise .
6. Procurement Specialist (1 Expert)- Master in Management/MBA-
/Mcom/CA/CS or LLB/LLM in corporate finance or Graduate Civil Engineering/
Electrical Engineering/Mechanical Engineering/ Public Health Engineering / LLB /
MBA or equivalent with minimum 15 years of relevant experience attaining the
requisite minimum qualification and 8 years of professional procurement expertise .
7. MIS Specialist (1 Specialist) – B.Sc.-(Mathematics/Statistics) or BE/BTECH in
Computer Science/ IT/Electrical/Mechanical/Civil/Planning or MBA/MS/Master in
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Computer Application (MCA)/MTech Electrical/Environmental/Water
Science/Civil/Mechanical/Public Policy/Economics/Planning from recognized
University/Institution or equivalent qualification with 10 to 15 years relevant
experience attaining the requisite minimum qualification/expertise with working
with International Funding
agency/Organization(USAID/DFID/BMGF/ADB/KFW/JICA or others).
8. Solid Waste Management Expert Junior (2 Expert): – Master’s in civil
engineering/ Environmental Engineering/ Public Health/Sanitary
Engineering/Planning/Environmental Law and Professional Degree / Course in
Environment Law/Policy or equivalent from reputed educational institution with 10
to 15 years of experience.
9. Air Quality Expert (1 Expert): MBA/MTech/B.Tech/Graduate in Civil
Engineering/ Environmental Engineering/Water Science/ Public Health
Engineering/Public Policy/Planning/Sanitary Engineering/Environmental Law/
equivalent from reputed educational institution with 6 to 10 years of relevant
experience attaining the requisite minimum qualification/Expertise in working with
ULB/State/Centre PMU/PMC
10. Waste-Water Expert (1 Expert): -MTech/B.Tech/Graduate in Civil
Engineering/ Environmental Engineering/Water Science/ Public Health
Engineering/Sanitation/Planning/ Environmental Engineering/Water Science or
equivalent from reputed educational institution with 6 to 10 years of relevant
experience of Sewerage / FSSM.
11. Social Media Expert (1 Post): Masters/Graduate in
Engineering/Planning/IT/CS or relevant field from recognized University/
Institution or equivalent qualification with minimum 4-6 years of relevant
experience attaining the requisite minimum qualification/Expertise in Big data
analysis/Data Science/Power BI/ Dashboard/SQL/Python/Tableau Software/
Product development with expertise of at least 4 years of hand on working with any
organization/Firm/parastatal/autonomous body of government.
12. Waste-Water Expert (1 Expert): -MTech/B.Tech/Graduate in Civil
Engineering/ Environmental Engineering/Water Science/ Public Health
Engineering/Sanitation/Planning/ Environmental Engineering/Water Science or
equivalent from reputed educational institution with 6 to 10 years of relevant
experience attaining the requisite minimum qualification.
13. MIS Specialist (1 Specialist) – B.Sc.-(Mathematics/Statistics) or BE/BTECH in
Computer Science/ IT/Electrical/Mechanical/Civil/Planning or MBA/MS/Master in
Computer Application (MCA)/MTech Electrical/Environmental/Water
Science/Civil/Mechanical/Public Policy/Economics/Planning from recognized
University/Institution or equivalent qualification with 3 to 6 years relevant
experience attaining the requisite minimum qualification/expertise with working
with International Funding
agency/Organization(USAID/DFID/BMGF/ADB/KFW/JICA or others).
14. IEC Specialist (1 Specialist) – Master’s in management/Master’s/Bachelor’s
degree in Mass Communication / Journalism/ Media Studies / Social
Work/Literature/science or equivalent with 3 to 6 years of relevant experience
attaining the requisite minimum qualification and 3 years of professional
experience/working expertise with ULB/State/Centre.
15. Finance Specialist (1 Expert)- Master in Management/MBA-Finance/CA/CS
with 3 to 6 years of relevant experience attaining the requisite minimum
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qualification and 8 years of professional Finance expertise .
16. IT Expert (IT-1): MBA-IT/ MBA/MCA/MTech-IT/CS,/B.Tech-IT/CS, BCA or
Equivalent degree from reputed educational institution with minimum 10 years of
relevant experience after attaining the requisite minimum qualification with 5 years
of work experience in SBM/smart City or other central/state government project.
B - Programe Implementation Unit (PIU) - Details of Experts and Quantity –
Division and Municipal Corporation.
1. SBM / SS Expert: (9 Post): Master’s/Graduate in Management/Engineering/
Environmental Engineering/Water Science/ Public Health Engineering/Public
Policy/Planning/Sanitary Engineering equivalent from reputed educational
institution with 3 to 6 years of relevant experience of working in SBM /SWM
attaining the requisite minimum qualification/Expertise in working with
ULB/State/Centre sponsored Projects.
2. SBM / SS Expert: (9 Post): Master’s/Graduate in Management/Engineering/
Environmental Engineering/Water Science/ Public Health Engineering/Public
Policy/Planning/Sanitary Engineering equivalent from reputed educational
institution with 0 to 3 years of relevant experience of working in SBM /SWM
attaining the requisite minimum qualification/Expertise in working with
ULB/State/Centre sponsored Projects.
1. SBM / SS Expert: (5 Post): Master’s/Graduate in Management/Engineering/
Environmental Engineering/Water Science/ Public Health Engineering/Public
Policy/Planning/Sanitary Engineering equivalent from reputed educational
institution with 6 to 10 years of relevant experience of working in SBM /SWM
attaining the requisite minimum qualification/Expertise in working with
ULB/State/Centre sponsored Projects.
2. SBM / SS Expert: (11 Post): Master’s/Graduate in
Management/Engineering/ Environmental Engineering/Water Science/ Public
Health Engineering/Public Policy/Planning/Sanitary Engineering equivalent from
reputed educational institution with 0 to 3 years of relevant experience of working
in SBM /SWM attaining the requisite minimum qualification/Expertise in working
with ULB/State/Centre sponsored Projects. The Agency shall have no claim for
additional costs arising out of or incidental to any removal and/or replacement of
Personnel.
2.14 Substitution of Key Personnel
2.14.1 Except as the Client may otherwise agree, no changes shall be made in the Key
Personnel. If, for any reason beyond the reasonable control of the Consultants
(such as health, family issues, deaths etc), on acceptance of Client as extraordinary
condition and it becomes necessary to replace any of the Key Personnel, the
consultants shall forth with provide as a replacement a person of equivalent or
better qualifications.
2.14.2 Resource replacement would be subject to the prior written approval of the
competent authority.
2.14.3 The Consultants shall have no claim for additional costs arising out of or
incidental to any removal and/or replacement of Personnel.
2.18.4 Applicants should note the PDD, as specified in Clause 1.8, for submission of
Proposals. Except as specifically provided in this RFP, no supplementary material
will be entertained by the UADD, and that evaluation will be carried out only on the
basis of Documents received by the closing time of PDD. Applicants will ordinarily
not be asked to provide additional material information or documents subsequent
to the date of submission, and unsolicited material if submitted will be summarily
rejected.
2.19 Technical Proposal
2.19.1 Applicants shall submit the technical proposal in the formats at Appendix-II (the “
Technical Proposal”).
2.19.2 While submitting the Technical Proposal, the Applicant shall, in particular, ensure
that:
(a) all forms are submitted in the prescribed formats and signed by the prescribed
signatory
(b) power of attorney, if applicable, is executed as per Applicable Laws;
(c) the proposal is responsive in terms of Clause 2.21.
2.19.3 Failure to comply with the requirements spelt out in this Clause 2.19 shall make
the proposal liable to be rejected.
2.19.4 If an individual Key Personnel makes a false averment regarding his qualification,
experience or other particulars, he shall be liable to be debarred for any future
assignment of the UADD for a period of 3 (three) years. The UADD may also cancel
the award for providing experts/specialists for state level PMU in such an event.
2.19.5 The Technical Proposal shall not include any financial information relating to the
Financial Proposal.
2.19.6 The team shall comprise other competent and experienced professional
personnel in the relevant areas of expertise (where applicable) as required for
successful setting up of state level PMU. The CV of key professional personnel,
should be submitted in the format at Form-9 of Appendix-II.
2.19.7 The UADD reserves the right to verify all statements, information and documents,
submitted by the Applicant in response to the RFP. Any such verification or the
lack of such verification by the UADD to undertake such verification shall not
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relieve the Applicant of its obligations or liabilities hereunder nor will it affect any
rights of the UADD there under.
2.19.8 In case it is found during the evaluation or at any time before signing of the
Agreement or after its execution and during the period of subsistence thereof, that
one or more of the eligibility conditions have not been met by the Applicant or the
Applicant has made material misrepresentation or has given any materially
incorrect or false information, the Applicant shall be disqualified forthwith if not
yet appointed as the PSP either by issue of the LoA or entering into of the
Agreement, and if the Selected Applicant has already been issued the LoA or has
entered into the Agreement, as the case may be, the same shall, notwithstanding
anything to the contrary contained therein or in this RFP, be liable to be
terminated, by a communication in writing by the UADD without the UADD being
liable in any manner whatsoever to the Selected Applicant or Consultant, as the
case may be.
In such an event, the UADD shall forfeit and appropriate the Performance Security,
if available, as mutually agreed pre-estimated compensation and damages payable
to the UADD for, inter alia, time, cost and effort of the UADD, without prejudice to
any other right or remedy that may be available to the UADD.
2.20 Financial Proposal
2.20.1 Applicants shall submit the financial proposal in the formats at Appendix-III (the “
Financial Proposal”) clearly indicating its quote for the PSP (Form-2 of Appendix
III) in both figures and words, in Indian Rupees, and signed by the Applicant’s
Authorized Representative. In the event of any difference between figures and
words, the amount indicated in words shall prevail. In the event of a difference
between the arithmetic total and the total shown in the Financial Proposal,
the lower of the total shall prevail.
2.20.2 While submitting the Financial Proposal, the Applicant shall ensure the following:
(i) All the costs associated with the key personnel shall be included in the
Financial Proposal. These shall normally cover remuneration for all the
Personnel (Expatriate and Resident, in the field, office etc.), accommodation,
equipment, printing of documents, local commutation of key personnel etc.,
however it shall exclude out of pocket expenses such as travel,
accommodation to other locations in the state/nation/ international visits. The
total amount indicated in the Financial Proposal shall be without any condition
attached or subject to any assumption, and shall be final and binding. In case
any assumption or condition is indicated in the Financial Proposal, it shall be
considered non-responsive and liable to be rejected.
(ii) The Financial Proposal shall take into account all expenses and tax liabilities.
For the avoidance of doubt, it is clarified that all taxes shall be deemed to be
included in the costs shown under different items of the Financial Proposal.
Further, all payments shall be subject to deduction of taxes at source as per
Applicable Laws.
(iii) Costs (including break down of costs) shall be expressed in INR ₹.
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2.21 Submission of Proposal
2.21.1 The Applicants shall upload the Proposal online with all pages numbered serially
and by giving an index of submissions. Each page of the submission shall be
initialed by the Authorized Representative of the Applicant as per the terms of this
RFP. The Applicant shall be responsible for its accuracy and correctness as per the
version uploaded by the UADD and shall ensure that there are no changes caused
in the content of the downloaded document.
2.21.2 The online proposal will contain two separate sealed envelopes; one clearly
marked ‘Technical Proposal’ and the other clearly marked ‘Financial Proposal’.
The envelope marked “Technical Proposal” shall contain the Application in the
prescribed format (Form 1 of Appendix-II) along with Forms 2 to 10 of Appendix-
II and supporting documents.
The envelope marked “Financial Proposal” shall contain the financial proposal in
the prescribed format (FIN Forms 1 & 2 of Appendix-III).
2.21.3 The Technical Proposal and Financial Proposal shall be typed or written in
indelible ink and signed by the Authorized Representative of the Applicant. All
pages of the original Technical Proposal and Financial Proposal must be
numbered and initialed by the person or persons signing the Proposal.
2.21.4 The completed Proposal must be uploaded online on or before the specified time
on PDD. Proposals submitted by fax, telex, telegram or e-mail shall not be
entertained.
2.21.5 The Proposal shall be made in the Forms specified in this RFP. Any attachment to
such Forms must be provided on separate sheets of paper and only information
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that is directly relevant should be provided.
This may include photocopies of the relevant part
2.21.6 The rates quoted shall be firm throughout the period of performance of the
assignment up to and including discharge of all obligations of the PMU Team
under the Agreement.
2.22 Payment to PSP
All payments to the PSP shall be made in INR ₹ only.
i. The bid has to be quoted on fixed monthly fee towards the PMU support with
desired number of resources as mentioned in the RFP.
ii. The contract payment will be made on a monthly basis (calendar month) to
the Agency duly making deductions (if any, towards the taxes applicable as
per the Government Rules).
iii. Consultant shall submit his monthly bill in the 1st week of every month. Payments will
be made within 3 weeks of submission of monthly bills.
iv. Income Tax as per statutory provision shall be borne by the Consultant. The
corporation shall deduct all statutory taxes like advance Income Tax, etc.
from monthly payments being made to the Consultant.
v. The financial quote should be excluding GST/ any other applicable tax as a
bidder. GST will be paid extra as per actual at the time of payment.
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SECTION 3: CRITERIA FOR EVALUATION
In the first stage, the Technical Proposal will be evaluated on the basis of
Applicant’s experience, its understanding of TOR, proposed methodology and Work
Plan, and the experience of Key Personnel. Only those applicants who’s Technical
Proposals score 70 points or more out of 100 shall be ranked as per score achieved
by them, from highest to the lowest technical score(s). Bidders with score less than
70 points will not be considered for financial evaluation. The eligible Applicant will
have to make a presentation before the UADD. The presentation shall cover in
sufficient detail the appreciation of the project, approach & methodology, proposed
organizational structure, work program, implementation strategy and provisions to
secure and retain professionals. The objective of the presentation is to enable
UADD to evaluate the consultant regarding their understanding and preparedness
for the assignment. Clarifications, if any, as required by the UADD will also be
discussed. The date and venue of the presentation will be decided by the UADD and
intimated at least on week in advance. The presentation should cover the details as
specified above.
For the purposes of satisfying the Conditions of Eligibility and for evaluating the
Proposals under this RFP, PMU/ PMC/ Technical Support/Advisory or
consulting assignments granted by the Central/State Governments
(Department, Autonomous Bodies, Boards, Corporations, SPV, Agencies,
Authority, ULB etc) / funding agencies/PSUs in Urban sector with fee of INR 50
lakhs or more (unless fee specified in criteria) shall be deemed as eligible
assignments (the “Eligible Assignments”):
Page | 36
qualification and experience Social Media Expert 1 3
requirements. Waste Water Expert
(Junior) 1 3
MIS Expert (Junior) 1 2
Fill form 8 and 9 of Appendix-
IEC Expert (Junior) 1 2
II
Finance Expert (Junior) 1 2
IT Expert 1 2
Deployment at Divisional
Level as PIU
Swachh Survekshan Expert
at each Division 9 18
Swachh Survekshan Expert
(Junior) at each Division 9 9
Deployment at Municipal
Corporation
5 Big / Large Municipal
Corporation 5 15
Remaning Municipal
Corporation 11 11
IV Approach, Methodology & Presentation 30
Approach and Methodology Panel Evaluation based on:
▪ Approach & Methodology ▪ Approach & Methodology
including work plan & including work plan & staffing
staffing schedule schedule: 10 Marks 30
▪ Organizational Expertise & ▪ Organizational Expertise & Case
Case study on achievements study on achievements on
IV on Swachh Bharat/ WASH/ Swachh Bharat/ WASH/ Solid &
Solid & Liquid waste / Liquid waste / Water sector
Water/Smart City/Amrut projects: 10 Marks
sector projects.
Form-10 of Appendix-II to be
submitted by the bidder.
The bidder shall be informed
about the presentation
scheduled.
Grand Total 250
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3.1 Evaluation of Financial Proposal
For financial evaluation, the financial quote, as indicated in the Financial Proposal,
will be considered.
3.2 Combined and Final Evaluation
To allow comparison on a common basis, each Financial Bid will be carefully scrutinized
and Quoted Total Price (QTP) will be determined. The Financial Bid with the lowest QTP
will receive the maximum score of 200 marks. The score for each other Financial Bid
will be inversely proportional to its QTP and will be computed as follows:
Sf = 200 x Fm / F where;
Sf is the financial score of the Financial Bid being evaluated;
Fm is the QTP of the lowest priced Financial Bid;
F is the QTP of the Lowest Financial Bid under consideration.
Following completion of the evaluation of Technical and Financial Bids, the final ranking
of the Bids will be determined. This will be done by applying a weight of 0.80 (80%) and
0.20 (20%) respectively to the technical and financial score of each evaluated qualifying
Technical and Financial Bid and then computing the relevant combined total score for
each Consultant.
The Bids shall be ranked as per their total score arrived as per the above quoted method.
The bidder scoring highest total marks based on the cumulative technical and financial
evaluation shall be the selected as consultant
3.3 Award of PSP Contract
After selection, a Letter of Award (the “LoA”) shall be issued, in duplicate, by the
UADD to the selected applicant and the selected applicant shall, within 7 (seven)
days of the receipt of the LoA, sign and return the duplicate copy of the LoA in
acknowledgement thereof. In the event the duplicate copy of the LoA duly signed by
the Selected Applicant is not received by the stipulated date, the UADD may, unless
it consents to extension of time for submission thereof, cancel the LoA and the next
highest ranking Applicant may be considered.
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SECTION 4: FRAUD AND CORRUPT PRACTICES
➢ The Applicants and their respective officers, employees, agents and advisers shall observe
the highest standard of ethics during the Selection Process. Notwithstanding anything to
the contrary contained in this RFP, the UADD shall reject a Proposal without being liable in
any manner whatsoever to the Applicant, if it determines that the Applicant has, directly
or indirectly or through an agent, engaged in corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practice (collectively the “Prohibited
Practices”) in the Selection Process. In such an event, the UADD shall, without prejudice to
its any other rights or remedies, forfeit and appropriate the Performance Security, if
available, as mutually agreed genuine pre-estimated compensation and damages payable
to the UADD for, inter alia, time, cost and effort of the UADD, in regard to the RFP,
including consideration and evaluation of such Applicant’s Proposal.
➢ Without prejudice to the rights of the UADD hereinabove and the rights and remedies
which the UADD may have under the LoA or the Agreement, if an Applicant or PSP, as the
case may be, is found by the UADD 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 Selection Process, or after the issue
of the LoA or the execution of the Agreement, such Applicant or PSP shall not be eligible to
participate in any tender or RFP issued by the UADD during a period of 2 (two) years from
the date such Applicant or PSP, as the case may be, is found by the UADD to have directly or
through an agent, engaged or indulged in any corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practice, as the case may be.
➢ For the purposes of this Clause, 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 action of any person connected with the
Selection Process (for avoidance of doubt, offering of employment to or employing or
engaging in any manner whatsoever, directly or indirectly, any official of the UADD who is
or has been associated in any manner, directly or indirectly with the Selection Process or
the LOA or has dealt with matters concerning the 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 UADD,
shall be deemed to constitute influencing the actions of a person connected with the
Selection Process; or (ii) save as provided herein, engaging in any manner whatsoever,
whether during the Selection Process or after the issue of the LOA or after the execution of
the Agreement, as the case may be, any person in respect of any matter relating to the
Project or the LoA or the Agreement, who at any time has been or is a legal, financial or
technical consultant/ adviser of the UADD in relation to any matter concerning the Project;
(b) “fraudulent practice” means a misrepresentation or omission of facts
or disclosure of incomplete facts, in order to influence the Selection Process;
(c) “coercive practice” means impairing or harming or threatening to impair or harm,
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directly or indirectly, any persons or property to influence any person’s participation or action
(d) “undesirable practice” means (i) establishing contact with any person connected with or
employed or engaged by the UADD with the objective of canvassing, lobbying or in any
manner influencing or attempting to influence the Selection Process; or (ii) having a
Conflict of Interest; and
(e) “restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Applicants with the objective of restricting or manipulating a full and
fair competition in the Selection Process.
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SECTION 5: MISCELLANEOUS
The parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this Agreement or the interpretation thereof. In the event a dispute,
differences or claim arises in connection with the interpretation or implementation of
this agreement, the aggrieved party shall issue a written notice setting out the
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Dispute/differences or claim to the other party, parties shall first attempt to resolve such dispute
5.2.2. Arbitration
The arbitral proceedings shall be referred to the arbitral tribunal comprising of three
arbitrators in accordance to the Arbitration and Conciliation Act, 1996 or as amended
on the date of the references. Each Party shall nominate one arbitrator and arbitrators
so nominated shall nominate the third arbitrator. Arbitration proceedings shall be
conducted in and the award shall be made in English language. Arbitration proceedings
shall be conducted in Bhopal. The Bhopal Civil Court shall have the exclusive jurisdiction
to try and adjudicate the dispute arising out of this agreement. No other Court can
entertain the dispute arising out of this agreement.
IN WITNESS WHEREOF the Parties have by duly authorized representatives set their
respective hands and seal on the date herein mentioned below:
Name of Agency
Designation: Designation:
Office address
Phone No:,
Office Phone No:
Fax :
E-mail:
Witness Witness
1) 1)
2) 2)
5.3 Termination
a) This Agreement shall not be terminated except in accordance of the terms of this
Termination Clause. It is expressly agreed between the Parties that the first intention of
the Parties shall not be termination of this Agreement in case alternate remedies under
this Agreement or Request for Proposal (RFP) are available to the Parties.
b) UADD may, terminate this Agreement in whole or in part by giving the agency a prior
written notice of at least 3 months in advance indicating its intention to terminate this
Agreement under the following circumstances:
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i. Where there has been such Event of Default solely attributable to the Agency and the where su
ii. Where it comes to the UADD attention that the agency is in a position of actual
conflict of interest with the interests of the UADD.
iii. Where the agency’s ability to survive as an independent corporate entity is
threatened or is lost owing to any reason whatsoever, including inter-alia the filing
of any bankruptcy proceedings against the agency or the order of winding up is
passed against the agency or the happening of any such events that are adverse to
the commercial viability of the agency. In the event of the happening of any of any
events of the above nature, UADD shall reserve the right to take any steps as are
necessary, to ensure the business continuity.
• The Client may at any time terminate this Agreement by giving prior written
notice of thirty (30) days to the Agency, if the Agency becomes bankrupt or
otherwise insolvent, provided that such termination shall not prejudice or
affect any right of action or remedy which has accrued or shall accrue
thereafter to UADD.
• The Agency subject to approval by Client, may terminate this Agreement before
the expiry of the Term by giving UADD a prior and written notice, at least three
(3) month in advance indicating its intention to terminate this Agreement.
5.4 Consequence of Termination
a) In the event of termination of this Agreement prior to Term, due to any cause
whatsoever, UADD shall be entitled to impose any such obligations and conditions
and issue any clarifications as may be necessary to ensure an efficient transition and
effective business continuity of the Project which the agency shall be obliged to
comply with and take all available steps to minimize loss resulting from that
termination/ breach, and further allow and provide all such assistance to UADD
and/ or the successor the agency, as may be required, to take over the obligations of
the agency in relation to the execution/ continued execution of the requirements of
this Agreement.
b) Where the termination of the contract is prior to its Term on account of the default
on part of the agency or due to the fact that the survival of the agency as an
independent corporate entity has ceased, UADD, through mutual redetermination of
the consideration payable to the agency, shall pay the agency for that part of the
services which have been authorized by UADD and satisfactorily performed by the
agency up to the date of termination. Without prejudice to any other rights, UADD
may retain such amount from the payment due and payable by UADD to the agency
as may be required to offset any losses caused to UADD as a sole, direct and
unpreventable result of any act/ omissions of the agency. In case of any loss or
damage due to default attributable solely on the part of the agency in performing
any of its obligations with regard to executing the Scope of Work under this
Agreement, The Agency shall compensate Client for any such direct and
unpreventable loss, damages or other costs, incurred by the Client. Additionally,
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members of its team shall all its obligations and responsibilities under the contract in an identic
All third parties shall continue to perform all/ any functions as stipulated by Client
and as may be proper and necessary to execute the Scope of Work under the
contract in terms of The Agency’s bid, the bid document and the contract
c) Nothing herein shall restrict the right of UADD to invoke the relevant bank
guarantee and other guarantees furnished hereunder in the manner and conditions
prescribed under this Agreement and perceived such other rights and/ or remedies
that may be available to UADD under law.
d) The termination hereof shall not affect any accrued right or liability of either party
nor affect the operation of the provisions of the contract that are expressly or by
implication intended to come into or continue in force on or after such termination.
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disturbances as the case may be not arising on account of the acts or omissions of the
d) Any event or circumstances of a nature analogous to any of the foregoing.
a) change in Applicable Laws, other than any change in law for which relief
is provided under this Agreement.
b) expropriation or compulsory acquisition by the Client or any of their
nominated agencies of any material assets or rights of the agency.
c) unlawful or unauthorized revocation of, or refusal by UADD or any of their
nominated agencies, Government of India, Stakeholders or any of its
agencies to renew or grant any clearance or Approval, information, data
required by the agency to perform its obligations without valid cause,
provided that such delay, modification, denial, refusal or revocation did
not result from the agency’s inability or failure to comply with any
condition relating to grant, maintenance or renewal of such Required
Consents applied on a non-discriminatory basis.
d) any judgment or order of any court of competent jurisdiction or statutory
authority in India made against the agency in any proceedings for reasons
other than failure of the agency to comply with Applicable Laws or
Approvals or on account of breach thereof, or of any contract, or
enforcement of this Agreement or exercise of any of its rights under this
Agreement;
e) expropriation or compulsory acquisition by the UADD or any of their
nominated agencies of any material assets or rights of the Agency.
f) unlawful or unauthorized revocation of, or refusal by any authority other
than the UADD or any of their nominated agencies to renew or grant any
Required Consents required by the agency to perform its obligations
without valid cause, provided that such delay, modification, denial, refusal
or revocation did not result from the agency’s inability or failure to
comply with any condition relating to grant, maintenance or renewal of
such Required Consents applied on a non-discriminatory basis.
g) any requisition of the Project by any other authority; or
h) Any requisition of the Project by UADD or any of their nominated agencies.
i) For the avoidance of doubt, suspension of the Project in accordance with
the provisions of this Agreement shall not be considered a requisition for
the purposes of Force Majeure event.
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Agreement or the Service Level Agreement (SLA) against natural disaster, fire, sabot
a) The affected Party shall notify the other Party of a Force Majeure event
within seven (7) days of occurrence of such event. If the other Party
disputes the claim for relief under Force Majeure it shall give the claiming
Party written notice of such dispute within thirty (30) days of such notice.
Such dispute shall be dealt with in accordance with the dispute resolution
mechanism specified in this Agreement.
b) Upon cessation of the situation which led the Party claiming Force
Majeure, the claiming Party shall within seven (7) days hereof notify the
other Party in writing of the cessation and the Parties shall as soon as
practicable thereafter continue performance of all obligations under this
Agreement.
Except as otherwise provided in this Clause, the affected Party shall take
all steps reasonably required to remedy and mitigate the effects of the
Force Majeure event and restore its ability to perform its obligations
under this Agreement as soon as reasonably practicable. The Parties shall
consult with each other to determine the reasonable measures to be
implemented to minimize the losses of each Party resulting from the
Force Majeure event. The affected Party shall keep the other Parties
informed of its efforts to remedy the effect of the Force Majeure event and
shall make reasonable efforts to mitigate such event on a continuous basis
and shall provide written notice of the resumption of performance
hereunder
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Terms of Reference (TOR)
Selection of Professional Service Provider (PSP) for providing Experts/ Specialists for
setting up of State Project Management Unit (PMU) under Swachh Bharat Mission
(Urban) 2.0 in UADD, Madhya Pradesh.
1. GENERAL / INTRODUCTION
The Directorate of Urban Administration & Development (UADD) seeks the services of a
qualified firm for providing experts/specialists for setting up State PMU in UADD under
SBM 2.0 (Urban). The PMU will be required to support UADD in undertaking various
required activities as per SBM Urban 2.0 guidelines at state level and assist the UADD in the
bidding process leading up to financial closure of the SBM projects.
Mission Objectives: Under SBM-U 2.0, the following objectives are targeted to be achieved:
a) Sustainable Sanitation and treatment of Wastewater:
i. Holistic Sanitation, with end-to end solutions (from discharge, containment, evacuation,
transportation to safe disposal of all effluents from toilets)
ii. Treatment of wastewater before discharge into water bodies, and maximum reuse of
wastewater (At least as per the water plus protocol/SBM2.0 guidelines)
iii. Eradication of hazardous entry into sewers and septic tanks, and sustaining
elimination of manual scavenging
b) Sustainable Solid Waste Management
i. Ensuring cleanliness and hygiene in public places to make all cities clean and garbage
free, with 100% scientific processing of MSW
ii. Reducing air pollution arising out of SWM activities
iii. Phased reduction in use of single-use plastic
c) Awareness creation along with large scale citizen outreach to create ‘Jan Andolan’,
and institutionalize ‘Swachh’ behaviour
d) Creating Institutional capacity
Mission Components
A. Sustainable Sanitation - To sustain Open Defecation Free status in all statutory towns.
B. Wastewater Management - To ensure that no untreated faecal sludge or wastewater is
discharged into the environment, and all wastewater (including sewerage and septage,
grey water and black water) is safely contained, transported and treated, along with
maximum reuse of treated wastewater, in all cities with less than 1 lakh population.
C. Sustainable Solid Waste Management - To make all cities clean and garbage free,
with 100% scientific processing of Municipal Solid Waste
D. IEC/ BCC - To ensure awareness creation along with large scale citizen outreach to
intensify ‘Jan Andolan’ and institutionalize Swachh behaviour
E. Capacity Building (CB) - To create institutional capacity.
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2. SCOPE OF WORK
Directorate of Urban Administration & Development is nominated as the State Level
Nodal Agency (SLNA) for implementation of Swachh Bharat Mission (Urban) 2.0 in
Madhya Pradesh. As per the Guidelines of Swachh Bharat Mission (Urban) 2.0, UADD is
to be supported by dedicated Project Management Units State PMU at state level by
engaging experts/specialists on consolidated wages through PSP.
The major roles and responsibilities of the State PMU will be as follows:
General
• Provide assistance to the UADD for implementation of guidelines in all ULBs in the
state by following different components of SBM (Urban) 2.0.
• Provide assistance to UADD to prepare and notify the bye-laws at the State and ULB
level as per SBM Guidelines/waste management rules.
• Provide assistance to UADD in determination of appropriate user charges for door-to-
door municipal solid waste collection, transport, treatment and disposal; charges for
sewage collection, transport, treatment, disposal; charges for septic tank cleaning and
faecal sludge management, etc.
• Provide assistance to UADD in ensuring/monitoring that all ULBs are implementing the
bye-laws and complying all the guidelines issued by various Ministries/Centre
Government/ State Government/Departments.
• In the work of operationalizing the State Sanitation Plan, the PMU will assist the UADD
in preparation of required project documents, request for proposals (RFPs), assist the
UADD in carrying out empanelment of bidders, advisors, specialized government
institutions and other third-party service providers.
• Assist all ULBs in the implementation of their City solid waste action plan, City
Sanitation Plans, channeling financial resources from State, Central and externally
aided sources/ and providing technical assistance required by ULBs.
• Assisting the UADD in design and implementation of suitable reward schemes that
provide incentives to ULB to achieve positive sanitation outcomes and promote
demand-based sanitation while ensuring that suitable protocols for maintenance are
set up.
• The PMU shall provide all the necessary office equipment including computers,
printers, office software, fax, telephone, documents, data and other essential resources
at the office space provided by UADD. The PMU shall post experts with appropriate
qualifications to work in the office. Such office shall be used by the Consultant as its
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common platform for rendering services in respect of the mission.
• The PMU shall assist the UADD in the engagement of consultants for undertaking
technical activities (engineering surveys, engineering design, preparation of feasibility
reports, and tender documents etc.). The cost of engagement of such consultants shall
be borne by UADD based on actual basis.
• The PMU shall assist the UADD in reviewing reports, information submitted by all
other consultants working for the mission and provide advisory support to these
consultants on behalf of the UADD.
• The PMU shall facilitate the procurement of works contractors by providing assistance
for preparation of bid documents, bid process management, and evaluation of bids.
Assist in facilitation of SPV for ULBs for management of faecal sludge management.
• Provide assistance to the UADD in undertaking gap analysis in each ULB including
assessment of municipal solid waste characteristics and total annual generation in
each ULB (based on available secondary data and if required primary data), volume of
waste being collected, transported, segregated, treated and properly disposed, details
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of unserved/uncovered areas in the city, legacy dumpsites, etc. The analysis should
cover residential, institutional and commercial sectors in each ULB. The gap analysis
should result in the infrastructure required to achieve 100% waste processing in each
ULB, including number of primary and secondary collection vehicles,
receptacles/containers, transfer stations, sorting and processing facilities, material
recovery facilities, composting facilities, landfills (disposal sites), etc.
• For ULBs under NCAP and with population greater than 5 Lakh, assist in identifying
major sources of construction & demolition waste, estimating quantity of C&D waste
generation and characteristics of waste, list all major construction and demolition
contractors operating in the ULBs, identify existing sites for dumping of C&D waste,
identify new sites for setting up facilities for processing of C&D waste, identify major
roads requiring sweeping for dust control, etc.
• Provide assistance to ULBs for preparation of draft City Sanitation Plan (CSP) for solid waste
management for each ULB. This will include support for identifying suitable land parcels for
construction of new infrastructure such as Waste Collection Sites and Transfer St
• Provide assistance to consolidate all CSPs into a State Level Sanitation Plan for Solid
Waste Management, specifying time frame, finances, operational components and
guidelines for components, to enable the state to identify and earmark resources. In
case existing state level plan is available, the PMU will assist in updating this plan.
• Provide assistance to prepare year-wise targets for Garbage Free Cities (GFC)
certification by consolidating all the CSPs. Identify ULBs that can achieve 1-star, 3-
start, 5-star, 7-star GFC ratings within first year of mission implementation and
prioritize works in such ULBs.
• Assist the UADD in drafting the training needs document pertaining to stakeholders at
State, District and ULB level; development of training programmes and monitor and
evaluate the implementation of these programmes for successful outcomes and
continuous improvement.
• Assist the UADD in development of a Communication Strategy that highlights multi-
level messages, media and co-ordination with the identified agencies for successful
implementation.
• Assist ULBs in identifying both formal and informal sector works in the liquid and
solid waste management space and also in identifying their training needs. Assist
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ULBs in preparing suitable training programmes and training materials for sanitation
workers. Assist ULBs in implementation of these training programmes. Cost of
conducting the training programmes shall be borne by UADD / ULBs under SBM
Urban 2.0.
• Assist Parastatal agencies (UADD) and ULBs in identifying training needs of their staff
and assist in drawing up suitable training programmes and training materials. These
programmes shall cover training on liquid and solid waste management technologies,
planning and engineering design, procurement, contract administration and contract
management, operation and maintenance of assets and infrastructure, use of ICT tools
such as GIS and MIS for monitoring and asset management.
The applicants should submit a detailed write up on the proposed methodology along
with the Proposal.
The state PMU should consist of the following experts/ specialists and other supporting
staff in line with the requirements of SBM-Urban 2.0 operational guidelines.
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Staff Roles & Responsibilities
The PSP shall provide the following key personnel for setting up of PMU, who shall discharge
their respective responsibilities under the directions of UADD as specified below:
He/ She will lead, co-ordinate with the client and the PMU
Team and will ensure deliverables are submitted in a time
manner as envisaged in this RFP. He/ She will provide
technical support and expertise to facilitate UADD in Policy,
Tea Leader Planning, Implementation, Procurement, Marketing,
Communications, IEC, Monitoring and Evaluation of various
components under SBM (Urban) 2.0, solid waste
management and C&D waste management projects to the
UADD and ULBs.
Engagement Leader will be overseeing and ensure the
successful delivery of the project, deployment of Engagement
Leader for the project is not required. Bidder may not submit
the financial bid for the position of Engagement Leader.
He/ She will lead, co-ordinate and supervise the PMU Team in
a time manner as envisaged in this RFP. He/ She will provide
technical support and expertise to facilitate UADD in Policy,
Planning, Implementation, Monitoring and Evaluation of
Solid Waste
various components under SBM (Urban) 2.0.
Management Expert
He/She will also provide technical assistance in planning,
design, procurement and implementation of municipal solid
waste management and C&D waste management projects
for SBM Urban 2.0 to the UADD and ULBs.
Deputy TL/Associates: He/She will be supporting Team leader
in monitoring and implementation of SWAP &CSAP for the
state and helping filed visits to collect evidence for showcasing
progress of SWM and Monthly Data analysis and dashboard
preparation for progress and blue print implementation
He/She will provide assistance in planning, design,
Waste-Water Expert procurement and implementation of water & sewerage
projects for SBM Urban 2.0 to the UADD and ULBs.
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He/ She will support for Tendering/selection for procurement
of services; Pre-qualification; preparation, receipt, scrutiny /
evaluation of tender documents and issue of tenders;
Procurement finalization and award of contract.
Specialist Assistance to SLNA in obtaining requisite clearances; detailed
planning of implementation; materials and supply chain
management; quality assurance and benchmarking as
envisaged in this RFP.
SS, GFC, Water He/She Provide expertise on State Level strategy on
Plus/SBM ensuring ULBs perform well in Swachh Survekshan or
professionals/Staffs similar annual ranking exercise conducted by the Govt. of
India Ensure training on Swachh Survekshan process flow to
ULBs.
Map deadlines pertaining to assessment period and critical
timelines ensuring compliance by ULBs.
Monitoring the MIS data and rectification of Gaps
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The Technical Experts/Specialists provided by the selected agency for the PMU will be
dedicated full time staff and will be stationed at office of UADD. The day-to-day work of the
technical experts in the state PMU will be monitored by UADD or any other officer designated
by UADD for this purpose.
All the monitoring and reporting aspects of the technical experts will be under the control and
supervision of UADD.
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i. Terminate the contract and /or
ii. Forfeit the performance guarantee and security deposit.
The decision regarding Liquidated Damages/penalty to be levied off, shall be taken by UADD
and shall be final and binding to the bidders.
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5.2 The project duration may be extended beyond 2nd Oct 2026, for maximum of two years in
a block of one year each instance, on mutual agreement with same terms and conditions as
per the mission/project requirement or as per the directions of UADD, Madhya Pradesh.
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Appendices
Page | 58
APPENDIX-I
PREQUALIFICATION PROPOSAL
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APPENDIX-II
TECHNICAL PROPOSAL
To,
Commissioner,
Directorate of Urban
Administration & Development,
Bhopal, Madhya Pradesh
Phone-0755-2554083
e-mail: himanshu.singh[at]mpurban.gov.in
Sub: Selection of Professional Service Provider (PSP) for providing Experts/ Specialists for
setting up of State Project Management Unit (PMU) under Swachh Bharat Mission
(Urban) 2.0 in Madhya Pradesh.
Dear Sir,
1. With reference to your RFP Document dated................., I/We, having examined all
relevant documents and understood their contents, hereby submit our Proposal for
providing technical Experts/Specialists and supporting staff for setting up of one
PMU at State level to the UADD. The proposal is unconditional.
2. I/We acknowledge that the UADD will be relying on the information provided in the
Proposal and the documents accompanying the proposal for selection of the PSP,
and we certify that all information provided in the proposal and in the appendices
is true and correct, nothing has been omitted which renders such information
misleading; and all documents accompanying such proposal are true copies of their
respective originals.
3. This statement is made for the express purpose of appointment as the PSP for the
aforesaid project.
4. I/We shall make available to the UADD any additional information it may deem
necessary or require for supplementing or authenticating the Proposal.
5. I/We acknowledge the right of the UADD to reject our application without assigning
any reason or otherwise and hereby waive our right to challenge the same on any
account whatsoever.
6. I/We declare that:
(a) I/We have examined and have no reservations to the RFP Documents,
including any Addendum issued by the UADD;
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(b) I/We do not have any conflict of interest in accordance with the RFP Document;
(c) 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 the RFP document, in respect of
any tender or request for proposal issued by or any agreement entered into
with the UADD or any other public sector enterprise or any government,
Central or State; and
(d) I/We hereby certify that we have taken steps to ensure that in conformity
with the provisions of Section 4 of the RFP, no person acting for us or on our
behalf will engage in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice.
7. I/We understand that you may cancel the selection process at any time and that
you are neither bound to accept any proposal that you may receive nor to select the
PSP, without incurring any liability to the applicants in accordance with Clause 2.8
of the RFP document.
8. I/We declare that none of our key personnel is a member of any other applicant
applying for selection as a PSP.
9. I/We certify that in regard to matters other than security and integrity of the
country, we or any of our associates have not been convicted by a Court of Law or
indicted or adverse orders passed by a regulatory UADD which would cast a doubt
on our ability to undertake the PSP assignment or which relates to a grave offence
that outrages the moral sense of the community.
10. I/We further certify that in regard to matters relating to security and integrity of
the country, we have not been charge-sheeted by any agency of the Government or
convicted by a Court of Law for any offence committed by us or by any of our
associates.
11. I/We further certify that no investigation by a regulatory UADD is pending either
against us or against our associates or against our CEO or any of our Designated
Partners.
12. I/We hereby irrevocably waive any right or remedy which we may have at any stage
at law or howsoever otherwise arising to challenge or question any decision taken
by the UADD [and/ or the Government of India] in connection with the selection of
PSP or in connection with the selection process itself in respect of the above
mentioned project.
13. I/We agree and understand that the proposal is subject to the provisions of the
RFP document. In no case, shall I/we have any claim or right of whatsoever nature
if the PSP assignment is not awarded to me/us or our proposal is not opened or
rejected.
14. I/We agree to keep this offer valid for 90 (Ninety) days from the PDD specified in
the RFP.
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15. A Power of Attorney in favour of the authorized signatory to sign and submit this proposal
16. In the event of my/our firm being selected as the PSP, I/we agree to enter into an
agreement in accordance with the form at Annexure IV of the RFP. We agree not to
seek any changes in the aforesaid form and agree to abide by the same.
17. In the event of my/our firm being selected as the PMU, I/we agree and undertake to
provide the experts/specialists in accordance with the provisions of the RFP.
18. I/We have studied RFP and all other documents carefully. We understand that
except to the extent as expressly set forth in the Agreement, we shall have no claim,
right or title arising out of any documents or information provided to us by the
UADD or in respect of any matter arising out of or concerning or relating to the
selection process including the award of PSP assignment.
19. The financial proposal is being submitted in a separate cover. This Technical
Proposal read with the Financial Proposal shall constitute the application which
shall be binding on us.
20. I/We agree and undertake to abide by all the terms and conditions of the RFP
Document.
In witness thereof, I/we submit this Proposal under and in accordance with the terms of the
RFP Document.
Yours faithfully,
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APPENDIX-II
Form 2: Particulars of the Applicant
1.2 Title of Project: Selection of Professional Service Provider (PSP) for providing Experts/
Specialists for setting up of State Project Management Unit (PMU) under Swachh Bharat
Mission (Urban) 2.0 in Madhya Pradesh
1.3 State the following: Name of Firm:
Legal status (e.g. sole proprietorship or partnership):
Country of incorporation:
Registered address:
Year of Incorporation:
Year of commencement of business: Principal place of business:
Name, designation, address and phone numbers of authorized signatory of the Applicant:
Name:
Designation:
Company:
Address:
Phone No.: Fax No.
:
E-mail
1.4
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Form 3: Statement of Legal Capacity
APENDIX-II
Ref. To,
Date:
Commissioner,
Directorate of Urban Administration & Development, Bhopal, India
Dear Sir,
I/We hereby confirm that we, the Applicant (along with other individual members in case of
consortium of individuals sub consultant(s) with sole firm, Constitution of which has been
described in the Proposal*), satisfy the terms and conditions laid down in the RFP
document.
I/We have agreed that....................... (insert Applicant’s name) will act as the Lead Member of
our consortium of individuals sub consultant(s) with sole firm.
I/We have agreed that ……………….. (insert individual’s name) will act as our Authorized
Representative/ will act as the Authorized Representative of the consortium of individual
sub consultant(s) with sole firm on our behalf and has been duly authorized to submit our
Proposal. Further, the authorized signatory is vested with requisite powers to furnish such
proposal and all other documents, information or communication and authenticate the
same.
Yours faithfully,
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APPENDIX-II
Form 4: Power of Attorney
Know all men by these presents, We,. ........................................ (name of Firm and address of the registered
office) do hereby constitute, nominate, appoint and authorize Mr./Ms........................................
son/daughter/wife and presently residing at ..............................., who is presently employed with/
retained by us and holding the position of as our true and lawful attorney (hereinafter referred
to as the “Authorized Representative”) to do in our name and on our behalf, all such acts, deeds
and things as are necessary or required in connection with or incidental to submission of our
Proposal for and selection, as the PSP, to provide technical experts/specialists / supporting staff for
setting up of one PMU at State level to the UADD and implementation SBM Project in Madhya
Pradesh, including but not limited to signing and submission of all applications, proposals and other
documents and writings, participating in pre-bid and other conferences and providing information/
responses to the UADD, representing us in all matters before the UADD, signing and execution of all
contracts and undertakings consequent to acceptance of our proposal and generally dealing with the
UADD in all matters in connection with or relating to or arising out of our Proposal for the said
Project and/or upon award thereof to us till the entering into of the Agreement with the UADD.
AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to
be done by our said Authorized Representative pursuant to and in exercise of the powers conferred
by this Power of Attorney and that all acts, deeds and things done by our said Authorized
Representative in exercise of the powers hereby conferred shall and shall always be deemed to have
been done by us.
IN WITNESS WHEREOF WE,. ....................THE ABOVE NAMED PRINCIPAL HAS EXECUTED THIS POWER
OF ATTORNEY ON THIS............ DAY OF............................................................................................................................ ,
20**.
For ……………………………………….
(Signature, Name, Designation and Address)
Witness:
1.
2.
Notes:
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.
Wherever required, the Applicant should submit for verification the extract of the charter
documents and other documents such as a board resolution/power of attorney in favour of the
Page | 65
person executing this Power of Attorney for the delegation of power hereunder on behalf of the Applicant.
For a Power of Attorney executed and issued overseas, the document will also have to be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney
is being issued. However, the Power of Attorney provided by Applicants from countries that
have signed the Hague Legislation Convention, 1961 are not required to be legalized by the
Indian Embassy if it carries a conforming Appostille certificate.
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APPENDIX-II
Form 5: Financial Capacity of the Applicant
1.
2.
3.
In case the Applicant does not have a statutory auditor, it shall provide the
certificate from its chartered accountant that ordinarily audits the annual
accounts of the Applicant.
In the event that the Applicant does not wish to disclose its Annual Revenue, it may
state that it has received more than the amount specified in the aforesaid
certificate.
Note:
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APPENDIX-II
Page | 68
APPENDIX-II
Name of Applicant:
Description of services
performed by the
Applicant firm:
Name of client and Address:
Notes:
1. Use separate sheet for each Eligible Assignment.
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APPENDIX-II
Form 8: Abstract of Key Personnel
Page | 70
APPENDIX-II
1. Proposed Position:
2. Name of Personnel:
3. Date of Birth:
4. Nationality:
5. Educational Qualifications:
6. Employment Record:
(Starting with present position, list in reverse order every employment held.)
7. List of projects on which the Personnel has worked (List most relevant
projects and respective activities performed/responsibilities in each project)
Name of Projects Description of responsibilities
Certification:
1 I am willing to work on the Project and I will be available for entire duration
of the Project assignment as required.
2 I, the undersigned, certify that to the best of my knowledge and belief, this CV
correctly describes my qualifications, my experience and me.
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APPENDIX-II
Page | 72
APPENDIX-III
FINANCIAL PROPOSAL
FIN Form 1: Covering Letter
(On Applicant’s letter head)
Phone:
Email:
Dear Sir,
I/We agree that this offer shall remain valid for a period of 90 (Ninety) days from the
Proposal Due Date or such further period as may be mutually agreed upon.
Yours faithfully,
Note: The Financial Proposal is to be submitted strictly as per forms given in the RFP.
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APPENDIX-III
FIN Form 2: FORMAT FOR FINANCIAL BID
Name
Address
City/State
Email and Contact no.
Sr. Expert Name and Nos. Monthly Fee Tax (in Rs.)
No. Total amount
Position for GST Will be Extra as (in Rs.)
each Expert applicable (Col. 4)
(in Rs.)
Deployment as PMU - -
Qty
1 - -
Team Leader 1
2 Solid Waste - -
Management Expert 1
3 - -
IEC Expert 1
4 Waste Water Expert 1 - -
5 - -
Finance Expert 1
6 - -
Procurement Expert 1
7 - -
MIS Expert 1
Solid Waste - -
Management Expert
(Junior) 2
9 AQI Expert 1 - --
10 - -
PFMS Expert 1
11 - -
Social Media Expert 1
12 Waste Water Expert - -
(Junior) 1
13 MIS Expert (Junior) 1 - -
14 IEC Expert (Junior) 1 - -
15 Finance Expert (Junior) 1 - --
16 IT Expert 1 - -
Deployment at Divisional Level - -
as PIU
1 Swachh Survekshan - -
Expert at each Division 9
2 Swachh Survekshan - -
Expert (Junior) at each
Division 9
Deployment at Municipal - -
Corporation
1 5 Big / Large Municipal - -
Corporation 5
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2 Remaning Municipal - -
Corporation 11
- -
Total - -
3. All payments shall be made in Indian Rupees and shall be subject to applicable Indian
withholding taxes if any.
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Appendix-IV
1. This deed of Bank Guarantee made this <<day>> day of <<month>> <<year>> by
<<Name of Bank>> having its office at <<office address of the Bank>>, hereinafter
referred to as “The Bank” which expression shall include their successors, in favour
of Directorate of Urban Administration & Development (UADD) situated at No 6
Locality, Shivaji Nagar, Bhopal, Madhya Pradesh 462016 (hereinafter referred to as
“The UADD” which expression shall include their successors).
2. Whereas the UADD has issued notification no. <<Notification no.>> dated <<date of
notification>> to M/s <<Name of the Agency>>having its registered office at
<<registered office address>> (India) and place of business at <<business address of
Agency>> hereinafter referred to as “The Agency” (which term or expression unless
excluded by or repugnant to the subject or context shall mean and include its
successors in office and assigns) for selection as Agency to impart Skill training to
urban poor.
3. In consideration the UADD selecting the Agency as Agency for providing competent
and qualified experts/ specialists of different categories on outsource basis at fixed
monthly remuneration for serving the urban poverty management units at state and
city level as per the terms and conditions of the Agreement entered into between the
UADD and the Agency, we the Bank, hereby irrevocably and unconditionally
guarantee to pay the UADD on first demand without demur any sum Rs (3% of
contract
value) merely on claim or demand by telex and/ or writing by the UADD by reason of
breach by the Agency of any of the terms or conditions contained in the said
Agreement or by reason of the Agency’s failure to perform the said Agreement. Any
such demand made on the Bank shall be conclusive as regards the amount due and
payable by the Bank under this guarantee.
4. We, the Bank, undertake to pay to the UADD any money so demanded
notwithstanding any dispute(s) raised by the Agency in any suit or proceeding
pending before any court or Tribunal relating thereto our liability under this present
being absolute and unequivocal. The payment so made by us under this bond shall be
valid discharge of our liability for payment there under and the Agency shall have no
claim against us for making such payment.
5. The Bank’s liability herein contained in this guarantee shall not be impaired or
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discharged by any extension of time or any forbearance of neglect on the part of the UADD
or any va
6. The guarantee shall remain in all force and effect during the period that would be
take
7.
8. n for the performance of the said Agreement and that it shall continue to be
enforceable till all the dues of the UADD under or by virtue of the said Agreement
have been fully paid and its claim satisfied or discharged or upto 24 (twenty four)
months from the date of its execution i.e. upto <<day>> day of <<month>> <<year>>.
or the UADD certifies that the terms and conditions of the said Agreement have been
fully and properly carried out by the Agency and accordingly discharges this
guarantee
9. We, the Bank, further agree with the UADD that the UADD shall have the fullest liberty
without our consent and without affecting in any manner our obligations hereunder
to vary any of the terms and conditions of the said Agreement or to extend time of
performance by the said Agency from time to time or to postpone for any time or
from time to time any of the powers exercisable by the UADD against the Agency and
to forbear or enforce any terms and conditions relating to the said Agreement and we
shall not be relieved from our liability by reason of any such variation, or extension
being granted to the Agency or for any forbearance, act or omission on the part of the
UADD or any indulgence by UADD to the said Agency or by any such matter or thing
whatsoever which under the law relating to sureties would but for this provision have
effect of so relieving us.
10. The Bank Guarantee shall not be discharged due to any change in the constitution of
the Bank or the Agency.
11. NOT WITH STANDING anything contained herein,
• Our liability under this Bank Guarantee is restricted to Rs. lacs (Rupees Only)
• This Bank Guarantee shall be valid up to 6 months from the proposal due date
(inclusive of the claim period), and
• We are liable to pay the guaranteed amount or any part thereof under this Bank
• Guarantee only and only if the UADD serve upon us a written claim or demand on
or before 6 months from the proposal due date.
12. We, the Bank, undertake not to revoke this Bank Guarantee during it currency expect
with the previous written consent of the UADD in writing and the guarantee shall be
continuous and irrevocable upto the sum stated hereinabove.
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Place
(Signature of Authorized signatory & Stamp of Bank)
Page | 78
Appendix-V
BETWEEN:
Directorate of Urban Administration & Development (UADD) having its office at Bays No.,
11-14, Sector-4, Bhopal, Madhya Pradesh (India) hereinafter referred to as “The UADD”
(which term or expression unless excluded by or repugnant to the subject or context
shall mean and
include its successors‐in‐office and assigns) of the FIRST PART;
AND
M/s <<name of selected company>>having its registered office at <<registered office
address>> (India) and place of business at <<business address of company>> hereinafter
referred to as “The Professional Service Provider (PSP)” (which term or expression
unless excluded by or repugnant to the subject or context shall mean and include its
successors‐in‐office and assigns) of the SECOND PART;
WHEREAS the PSP is engaged in the business of providing Services; AND
WHEREAS the PSP has expressed his keen desire to provide the said services to the UADD
under this agreement;
AND WHEREAS on the aforesaid representation made by the PSP to the UADD, the parties
hereby enter into this agreement on the terms and conditions appearing hereinafter.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS AGREED BY AND
BETWEEN THE PARTIES AS UNDER;
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1. PROFESSIONAL SERVICE PROVIDER (PSP) REPRESENTATIONS AND
WARRANTIES
The PSP hereby represents warrants and confirms that the PSP -
(a) has full capacity, power and authority to enter into this agreement and during the
continuance of this agreement, shall continue to have full capacity, power and
authority to carry out and perform all its duties and obligations as contemplated
herein and has already taken and shall and continue to take all necessary and further
actions (including but without limiting to the obtaining of necessary
approval/consents in all applicable jurisdictions) to authorize the execution, delivery
and performance of this agreement;
(b) has the necessary skills, knowledge, expertise, adequate capital and competent
personnel, system and procedures, infrastructure and capability to
shall, on the execution of this agreement and providing services to the UADD, not
violate, breach and contravene any conditions of any agreement entered with any
third party/ies;
has complied with and obtained necessary permissions/
licenses/ authorizations under the Central, State and local authorities and obtained
all required permissions/licenses for carrying out its obligations under this
agreement.
(a) The PSP shall operate and provide services to the UADD as per the working days
of UADD from 9.00 AM to 5.00 PM or completion of assigned work. List of
services and the material are as prescribed in ToR. The admissible leaves (as per
applicable rules) with the approval of competent person/authority will be paid.
(b) The regularity of the performance of the service will be the essence of this
agreement and shall form a central factor of this agreement. The PSP shall take
all possible steps to ensure to maintain its performance as determined by the
UADD from time to time.
(c) The assessment made by the PSP in the tender including number of persons
various descriptions as required to provide/give the required quality of services
shall be final acceptable by and binding upon the PSP.
(d) If the UADD notices that the personnel of the PSP has have been negligent,
careless in rendering the said services, the same shall be communicated
immediately to the PSP who will take corrective steps immediately to avoid
recurrence of such incidents and reports to the UADD.
(e) If any of the personnel of the PSP indulges in theft, negligence or any
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illegal/irregular activity, misconduct, the PSP shall take appropriate action
perform its obligations in accordance with the terms of this agreement and to
the satisfaction of
the Government; against its erring personnel and intimate accordingly to the
UADD or itself can take action in accordance with law.
(f) The PSP shall furnish a personal guarantee of its Managing Director/Partner,
guaranteeing the due performance by the PSP of its obligations under this
agreement.
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2. TERMS OF PAYMENT
The payment shall be made in Indian Rupees either in form of Bank Cheque/Demand
Draft or through online/RTGS system, at City level or at UADD level as per decision of
Commissioner by following the following schedule:
I. The billing cycle will as per calendar month.
II. The Bidder will work out monthly bill of all the experts
/specialists/manpower placed in different towns and State level on the basis of
certified attendance.
III. The Bidder will submit its final bill(s) supported with certified attendance for
processing/payment to designated officer (at town level or at State level) on or
before last working day of the each month.
IV. The processing of bill(s) will be completed by 5th of next month and payment
will be released in Indian Rupees after deduction of due TDS or other applicable
taxes, in shape of Cheque/DD/online transfer by 7th of next month. In case of any
calculation or other type of error, the amount worked out of designated officer
will be released by 7th of next month as above and balance, if any, shall be settled
after discussion with Agency by 15th of next month.
V. The Bidder will ensure the payment of monthly salary (including duly approved
admissible leaves) through Cheque or online system to persons deployed
through them by 7th of every month and deposit of their deductions and dues
within time limit as prescribed under different Laws/Acts.
VI. The Bidder will submit authenticated proof of payment of monthly salary of all
the experts/specialists and deposit of entire amount of their deductions/dues by
20th of every month other-wise the payment of next bill will not be processed
and released.
VII. The Bidder will be liable to make up any kind theft/loss happened due to
negligence or intention of expert/specialist/manpower provided on outsource
basis by the Bidder. The Bidder may deduct/recover such amount of
loss/damage from the guilty/responsible person/ employee/ expert as per
agreement executed by the Bidder with that person/ employee/ expert will be
deducted from their monthly bill(s).
VIII. Other terms:
a. Fees and charges for the services to be rendered are defined in Letter of
Allotment (LoA).
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b. All payments by the UADD shall be made after deduction of due tax at source
(TCS)/ Tax deducted at Source (TDS) wherever applicable as per the
provisions of the Income Tax Act, 1961 or any kind of Tax liability under any
other Act.
c. The Bidder (being the employer in relation to persons
engaged/employed/deployed by it to provide the services under this
agreement) shall alone be responsible and liable to pay wages/salaries to
such persons. In no case, the remuneration/amount shall not be less than
the minimum wages as fixed or prescribed under the Minimum Wages Act,
1948 (Act XI of 1948) or by the State Government and/or any authority
constituted by or under any law for the category of workers employed by it
from time to time. He will also observe compliance of all the relevant labour
laws.
d. The Bidder will have to produce the register of wages or the register of
wages-cum-muster roll of the preceding month along-with the bill to be
submitted on the last working day of every calendar month for verification
to the nominated official of UADD. The Bidder shall ensure that payment to
the employees deployed under this agreement in the presence of an
authorized representative of the UADD.
The PSP shall submit on a monthly basis the bills as per payment Terms & Conditions
for the services rendered to enable the UADD to verify and process the same.
4. DISCIPLINE
(a) The PSP shall issue identity cards, on its own name and trading style, to its
personnel deputed for rendering the said Services, which at UADD option, and
would be subject to verification at any time. The UADD may refuse the entry into
its premises to any personnel of the PSP not bearing such identity card or not
being perfectly dressed.
(b) The UADD shall always have the right and liberty to do surprise inspection at its
sites.
(c) The service rendered by the Service Provider/Agency under this agreement will
be under close supervision, co-ordination and guidance of the UADD. The PSP
shall frame appropriate procedure for taking immediate action as may be advised
by the UADD from time to time.
(d) It is understood between the parties hereto that the PSP alone shall have the right
to take disciplinary action against any person(s) to raise any
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dispute and/or claim whatsoever against the UADD. UADD shall under no
circumstances be deemed or treated as the employer in respect of any person(s)
engaged/employed by the Service Provider/Agency for any purpose, whatsoever
nor would UADD be liable for any claim(s) whatsoever, of any such person(s).
5. NATURE OF AGREEMENT
The parties hereto have considered agreed to and have a clear understanding on the
following aspects:
(a) This agreement is on the principal to principal basis and does not create and
shall not deem to create any employer-employee relationship between the UADD
and the PSP. The PSP shall not by any acts, deeds or otherwise represent any
person that the PSP is representing or acting as agent of UADD, except to the
extent and purpose permitted herein.
(b) This agreement is for providing the aforementioned services and is not an
agreement for supply of contract labour. It is clearly understood by the PSP that
the persons employed by the PSP for providing services as mentioned herein,
shall be the employees of the PSP only and not of the UADD. The PSP shall be
liable to make payment to its said employees towards their monthly
wages/salaries and other statutory dues like Employees Provident Fund,
employees State Insurance, minimum wages, bonus, gratuity etc.
(c) UADD shall not be liable for any obligations/responsibilities, contractual, legal or
otherwise, towards the PSP employees/agents directly and/or indirectly, in any
manner whatsoever.
6. STATUTORY COMPLIANCES
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laws concerning employment of staff employed by the PSP and shall duly pay all
sums of money to such staff as may be required to be paid under such laws. It is
expressly understood that the PSP is fully responsible to ascertain and
understand the applicability of various Acts, and take necessary action to comply
with the requirements of law.
(d) The PSP shall give an undertaking by the 22nd of each month in favour of the
UADD that he has complied with all his statutory obligations. A draft of the said
undertaking is attached herewith as Annexure ‘C’ to this Agreement.
(a) The PSP shall maintain accurate accounts (including record of admissible and
availed leaves) and records, statements of all its operations and expenses in
connection with its functions under this agreement in the manner specified by
the UADD.
(b) The PSP shall forthwith upon being required by the UADD, allow UADD of any
of its authorizes representatives to inspect, audit or take copies of any records
maintained where by the PSP. The PSP shall also cooperate in good faith with
the required UADD to correct any practices which are found to be deficient as a
result of any such audit within a reasonable time after receipt of the report
from the UADD. However, upon discovery of any discrepancies or under
payment the PSP shall immediately, reimburse the UADD for such
discrepancies or overcharge.
8. INDEMNIFICATION
(a) The PSP shall at its own expenses make good any loss or damage suffered by the
UADD as a result of the acts of commission or omission, negligently or otherwise
of its personnel while providing the said services at any time of the premises of
the UADD or otherwise.
(b) The PSP shall at all times Indemnify and keep indemnified that UADD against
any claim on account of disability/death of any of its personnel caused while
providing the services within/outside the site or other premises of the UADD
which may be made under the workmen’s Compensation Act, 1923 or any other
Acts or any other Statutory modifications hereof or otherwise for or in respect of
any claim for damage or compensation payable in consequence of any accident
or injury sustained by the working or their personnel of the PSP or in respect of
any claim, damage or compensation under labour laws or other laws or rules
made there under by any Person whether in the employment of the PSP or
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not, who provided or provides the service at the site or any other premises of the UADD shall b
(c) The PSP shall at all times indemnify and keep indemnified the UADD against any
claim by any third party for any injury, damage to the property or person of the
third party or for any other claims whatsoever for any acts of commission or
omission of its employees or personnel during the hours of providing the
services at the UADD’s premises or before and after that.
(d) That, if at any time, during the operation of this agreement or thereafter the
UADD is made liable in any manner whatsoever by any order, direction or
otherwise of any Court authority or tribunal, to pay any amounts whatsoever in
respect of or to any of present or ex-personnel of the PSP or to any third party
in any event not restricted but including as mentioned in sub-clauses No (a), (b)
and (c) hereinabove, the PSP shall immediately pay to the UADD all such
amounts and costs also and in all such cases/events the decision of the UADD
shall be final and binding upon the PSP. The UADD shall be entitled to deduct any
such amounts as aforesaid, from the security deposit and/or from any pending
bills of the PSP.
In the event of failure of the PSP to provide the services or part thereof as
mentioned in this agreement for any reasons whatsoever, the UADD shall be
entitled to procure services from other sources and the PSP shall be liable to pay
forthwith to the UADD the difference of payments made to such other sources,
besides damages at double the rate of payment.
The PSP shall not claim any damages, costs, charges, expenses, liabilities arising
out of performance/non-performance of services, which it may suffer or
otherwise incur by reason of any act/omission, negligence, default or error in
judgment on part of itself and/or its personnel in rendering or non-rendering
the services under this agreement.
11. TERM
12. TERMINATION
(a) Either party can terminate this agreement by giving one month’s written notice
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to the other without assigning any reason and without payment of any compensation thereof.
(b) If PSP commits breach of any covenant or any clause of this agreement, UADD
may send a written notice to PSP to rectify such breach within the time limit
specified in such notice. In the event PSP fails to rectify such breach within the
stipulated time, the agreement shall forthwith stand terminated and PSP shall be
liable to UADD for losses or damages on account of such breath.
(c) The UADD shall have the right to immediately terminate this agreement if the
PSP becomes insolvent, ceases its operations, dissolves, file for bankruptcy or
bankruptcy protection, appoints receivers, or enters into an arrangement for the
benefit of creditors.
(a) The PSP shall furnish to the UADD all the relevant papers regarding its
constitution, names and addresses of the management and other key personnel
of the PSP and proof of its registration with the concerned Government
authorities required for running such a business of PSP.
(b) The PSP shall always inform the UADD in writing about any change in its address
or the names and address of its key personnel. Further, the PSP shall not change
its ownership without prior approval of the UADD.
16. CONFIDENTIALITY
It is understood between the parties hereto that during the course of business
relationship, the Service Provider may have access to confidential information of
UADD and it undertakes that it shall not, without UADD’s prior written consent,
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disclose, provide or make available any confidential information in any form to any person or
17. ENTIRE AGREEMENT
This agreement represents the entire agreement, the parties and supersedes all
previous or other writings and understandings, oral or written, and further any
modifications to this agreement, if required shall only be make in writing.
18. AMENDMENT/MODIFICATION
The parties can amend this agreement at any time. However, such amendment
shall be effective only when it is reduced in writing and signed by the authorized
representatives of both parties hereto.
19. SEVERABILITY
If, for any reason, a court of competent jurisdiction finds any provision of this
agreement, or portion thereof, to be unenforceable, that provision of the
agreement will be enforced to the maximum extent permissible so as to effect
the intent of the parties, and the remainder of this agreement shall continue in
full force and effect.
20. CAPTIONS
The various captions used in this agreement are for the organizational purpose
only and may not be used to interpret the provisions hereof. In case of any
conflicts between the captions and the text, the text shall prevail.
21. WAIVER
At any time, any indulgence or concession granted by the UADD shall not alter or
invalidate this agreement nor constitute the waiver of any of the provision
hereof after such time, indulgence or concession shall have been granted.
Further, the failure of the UADD to enforce at any time, any of the provisions of
this agreement or to exercise any option which is herein provided for requiring
at any time the performance by the PSP of any of the provisions hereof, shall in
no way be construed to be a waiver of such provisions of this agreement nor in
any way affect the validity of this agreement or any part thereof or the right of
the UADD to enforce the same in part or in the entirety of it. Waiver, if any, has to
be in writing.
22. FORCE MAJEURE
Neither party shall be in default if a failure to perform any obligation hereunder
is caused solely by supervening conditions beyond that party’s reasonable
control, including acts of God, civil commotion, strikes, acts of terrorism, labour
disputes and governmental or public authority’s demands or requirements.
23. DISPUTE RESOLUTION
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liabilities arising out of this agreement, the same shall, at first instance, be amicably settled bet
24. GOVERNING LAW/JURISDICTION
The applicable law governing this agreement shall be the laws of India and the
courts of Chandigarh shall have the exclusive jurisdiction to try any dispute with
respect to this agreement.
This agreement is made in duplicate. The PSP shall return a copy of this
agreement duly signed and stamped as a token of acceptance of all terms and
conditions mentioned above. In the event of commencement of order
acceptance, it will be taken that all terms are acceptable.
1) In this Agreement words and expressions shall have the same meanings as
are respectively assigned to them in the RFP.
2) The following documents in relation with Request for Proposal (RFP) issued
for selection of Agency shall be deemed to form and be read and construed
as part of this Agreement viz:
a. Invitation for Proposals (IFP)
b. Instructions to Bidders (ITB)
c. General Contract Conditions (GCC)
d. Scope of Work (SOW)
e. Flow of Work (FOW)
f. Technical Bid
g. Financial Bid
h. All the Forms and Annexure, amendments, supplements, corrigendum
or clarifications thereto
i. Notification of Award.
3) The contract shall begin from the date of signing of the contract, as and when
the work would be assigned to the Agency.
4) The mutual rights and obligations of the UADD and the Agency shall be as set
forth in the Contract, in particular:
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a. the Agency shall carry out the services in accordance with the provisions of the Con
b. the Agency shall provide professional, objective and impartial advice
and at all times hold the UADD’s interest paramount, strictly avoid
conflicts with other assignments/ jobs, downstream projects or their
corporate interests and act without any consideration for future
work; and
c. the UADD shall make payments to the Agency in accordance with the
provisions of the Contract.
In witness whereof the UADD and the PSP above said have hereunto subscriber
their hands on the day month and year first mentioned above in the presence of
the following witnesses:
SIGNED, SEALED AND DELIVERED
WITNESSES
1. Signature: Signature:
Name: Name:
Date: Date:
Designation: Designation:
2. Signature:
Name:
Date: For and on behalf of the
Designation: UADD
Name: Name:
Date: Date:
Address: Address:
4. Signature:
Name:
Date: For and on behalf of the
Address: PSP
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