Government of Madhya Pradesh
Government of Madhya Pradesh
ISSUED BY:
AYUSHMAN BHARAT PARISHAD (AB-DDSSP),
PUBLIC HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT OF MADHYA PRADESH
Table of Contents
DISCLAIMER............................................................................................................................................. 4
NOTICE FOR REQUEST FOR PROPOSAL FOR CALL CENTER ..................................................................... 5
ABBREVIATIONS & DEFINITIONS ............................................................................................................. 7
SECTION 1. LETTER OF INVITATION ................................................................................................... 8
1.1 Introduction ............................................................................................................................ 8
1.2 Objectives................................................................................................................................ 8
SECTION 2. INSTRUCTION TO THE BIDDERS ...................................................................................... 9
2.1 Introduction ............................................................................................................................ 9
2.2 Pre-Bid Meeting .................................................................................................................... 11
2.3 Clarification and amendment of RFP documents ................................................................. 11
2.6 Preparation of proposal ........................................................................................................ 12
2.7 Submission, receipt and opening of proposals ..................................................................... 13
2.8 Proposal Evaluation .............................................................................................................. 14
SECTION 3. SELECTION OF AGENCY ................................................................................................. 15
3.1 Pre-Qualification Criteria ...................................................................................................... 15
3.2 Financial evaluation .............................................................................................................. 16
3.3 GRANT OF WORK ORDER ...................................................................................................... 17
3.4 Exclusion of Proposal/ Disqualification ................................................................................. 17
SECTION 4. SCOPE OF WORK ........................................................................................................... 18
4.1 Infrastructure and Technology.............................................................................................. 18
4.2 Call Centre Solution............................................................................................................... 18
4.3 CRM Application.................................................................................................................... 19
4.4 Automatic Call Distributor .................................................................................................... 20
4.5 Voice Logger .......................................................................................................................... 20
4.6 Integration with Existing SHA application, Whatsapp, SMS Gateway .................................. 20
4.7 Project Schedule ................................................................................................................... 20
SECTION 5. PAYMENT TERMS .......................................................................................................... 22
5.1 Invoicing and Payment .......................................................................................................... 22
5.2 Disputed Invoice ................................................................................................................... 22
SECTION 6. KPIs AND PENALITY ....................................................................................................... 23
6.1 KPIs and Penalty .................................................................................................................... 23
SECTION 7. GENERAL TERMS OF RFP ............................................................................................... 25
7.1 Period of Contract ................................................................................................................. 25
7.2 Performance Security: .......................................................................................................... 25
7.3 Fraud and corrupt practices .................................................................................................. 25
7.4 Confidentiality ....................................................................................................................... 26
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7.5 Interference with Tender Process......................................................................................... 26
7.6 Debarment from Bidding ...................................................................................................... 27
7.7 Monitoring Of Contract......................................................................................................... 27
7.8 Sub-Contracting .................................................................................................................... 27
7.9 Signing of Contract ................................................................................................................ 27
7.10 Execution of agreement ........................................................................................................ 27
7.11 Failure to agree with the “Terms and Conditions” of the Tender ........................................ 27
7.12 Contract Documents ............................................................................................................. 27
7.13 Language ............................................................................................................................... 28
7.14 Reporting............................................................................................................................... 28
7.15 Recoveries from Agency ....................................................................................................... 28
7.16 Taxes & Duties ...................................................................................................................... 28
7.17 Copyright ............................................................................................................................... 28
7.18 FORCE MAJEURE ................................................................................................................... 28
7.19 TERMINATION ....................................................................................................................... 29
7.20 Indemnity .............................................................................................................................. 30
7.21 Miscellaneous ....................................................................................................................... 30
SECTION 8. ANNEXURES................................................................................................................... 32
ANNEXURE 1: COVER LETTER ON LETTER HEAD ............................................................................... 32
ANNEXURE 2: Experience in call center / call center voice operations business ............................. 35
ANNEXURE 2A Government Business Experience ............................................................................ 36
ANNEXURE 3: AVERAGE ANNUAL TURNOVER OF BIDDER (AUDITOR CERTIFICATE) ........................ 37
ANNEXURE 4: DOT Certification........................................................................................................ 38
ANNEXURE 5: BLACKLISTING AND PENDING SUIT DECLARATION .................................................... 38
ANNEXURE 6: FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY ................................... 40
ANNEXURE 7: FORMAT FOR POWER OF ATTORNEY TO AUTHORISED SIGNATORY ......................... 42
ANNEXURE 7: FORMAT OF BOQ FOR FINANCIAL BID ....................................................................... 43
ANNEXURE -8 DETAILS OF WORKSTATION CONFIGURATION. ......................................................... 44
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DISCLAIMER
1. This RFP document is neither an agreement nor an offer by the State Health Agency,
Madhya Pradesh, (hereinafter referred to as “SHA-MP”) to the prospective Bidders or any
other person. The purpose of this RFP is to provide information to the interested parties that
may be useful to them in the formulation of their proposal pursuant to this RFP.
2. SHA- MP does not make any representation or warranty as to the accuracy, reliability or
completeness of the information in this RFP document and it is not possible for SHA- MP
to consider particular needs of each party who reads or uses this document. RFP includes
statements which reflect various assumptions and assessments arrived at by SHA-MP in
relation to the statement of work. Such assumptions, assessments and statements do not
purport to contain all the information that each Bidder may require. Each prospective
Bidder should conduct its own assessment and analysis and check the accuracy, reliability
and completeness of the information provided in this RFP document and obtain
independent advice from appropriate sources.
3. SHA-MP will not have any liability to any prospective Bidder/ Firm/ or any other person
under any laws (including without limitation the law of contract and tort), the principles of
equity, restitution or unjust enrichment or otherwise for any loss, expense or damage which
may arise from or be incurred or suffered in connection with anything contained in this RFP
document, any matter deemed to form part of this RFP document, the award of the
Assignment, the information and any other information supplied by or on behalf of SHA-
MP or their employees, any agency or otherwise arising in any way from the selection
process for the Assignment. SHA-MP will also not be liable in any manner whether
resulting from negligence or otherwise however caused arising from reliance of any Bidder
upon any statements contained in this RFP.
4. SHA-MP will not be responsible for any delay in receiving the proposals. The issue of this
RFP does not imply that SHA-MP is bound to select a Bidder or to appoint the Selected
Bidder, as the case may be, for the services and SHA-MP reserves the right to accept/reject
any or all of proposals submitted in response to RFP document at any stage without
assigning any reasons whatsoever. SHA-MP also reserves the right to withhold or withdraw
the process at any stage with intimation to all who submitted RFP Proposal.
5. The information given is not exhaustive on account of statutory requirements and should
not be regarded as a complete or authoritative statement of law. SHA-MP accepts no
responsibility for the accuracy or otherwise for any interpretation or opinion on the law
expressed herein.
6. SHA-MP reserves the right to change/ modify/ amend any or all provisions of this RFP
document. Such revisions to the RFP / amended RFP will be made available on the on the
Madhya Pradesh Government e Procurement System website: https://mptenders.gov.in.
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NOTICE FOR REQUEST FOR PROPOSAL FOR CALL CENTER
State Health Agency, Madhya Pradesh, (SHA-MP), Government of Madhya Pradesh, plans to
engage an agency meeting the criteria mentioned in this RFP for establishment and maintenance of
call center for a period of 3 years extendable for a period of two years on an annual basis.
The salient features of the scope of work, eligibility criteria and prescribed formats for submission
are provided in this RFP document as uploaded on the Madhya Pradesh Government e Procurement
System https://mptenders.gov.in/.
Interested Bidders are requested to submit their technical and financial proposals in responses to the
RFP online on the Madhya Pradesh Government e Procurement System website:
https://mptenders.gov.in
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Designation: [General Manager,
Operations]
Note-
Amendments/ Corrigendum to the RFP, if any, would be published on website only, and not in
newspaper.
Issuing Authority
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ABBREVIATIONS & DEFINITIONS
Agency The Selected Bidder with whom the Contract is signed after completion of
all requirements in terms of the RFP document
Authorised The Agency’s representative/ officer vested explicitly, by means of a power
Signatory of attorney as per this RFP with the powers to commit the authorizing
organization to a binding agreement. In case of a corporate body, such
power of attorney has to be supported by a board resolution duly certified by
the company secretary/director of such corporate body. Also called signing
officer/ SHA-MP having the Power of Attorney (PoA) from the competent
SHA-MP of the respective firm.
Nodal SHA-MP An SHA-MP or officer to whom the relevant administrative or financial
powers have been delegated for taking decision in a matter relating to
procurement. For this purpose of this RFP document, the Mission Director,
SHA-MP shall be the Nodal SHA-MP.
Contract/ The contract to be entered between the SHA-MP and the Selected Bidder for
Procurement undertaking the Project
Contract /
Day A calendar day as per GoMP
EMD An Earnest Money Deposit provided to the SHA-MP by a Proposer for
securing the fulfilment of any obligation in terms of the provisions of the
RFP documents.
GoI Government of India
GoMP/State Government of Madhya Pradesh
Government
HR Human Resource
INR /Rs. Indian Rupee
IT Information Technology
SHA-MP State Health Agency-Madhya Pradesh
Notification A notification published in the Official Gazette
PAN Permanent Account Number
PC Procurement/ Purchase Committee
Project Site SHA MP office
Proposal/Bid A formal offer made in pursuance of an invitation by SHA-MP and includes
proposal or quotation in response to this RFP
Proposer/ Bidder Any person/ firm/ company/ contractor/ supplier/ agency participating in the
procurement/ RFP process
RFP document Documents issued by the SHA-MP in relation to this RFP process, including
any amendments thereto, that set out the terms and conditions of the given
procurement
Selected Bidder Bidder who will be declared successful after completion of the entire
process of evaluation as defined under this RFP
SLA Service Level Agreement
Selection Process or The process of procurement extending from the issue of invitation to
Tender Process proposals till the award of the Contract or cancellation of the
selection/tender Process, as the case may be
WO Work Order
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SECTION 1. LETTER OF INVITATION
1.1 Introduction
The name of the Scheme is the “Ayushman Bharat Niramayam” and shall hereafter be referred to as
the AB-Niramayam or “Scheme”.
The Public Health and Family Welfare Department, the Government of Madhya Pradesh aims to
reduce the out of pocket healthcare expenditure and improve access of poor and vulnerable families
who are included in SECC Database under D1, D2, D3, D4, D5 and D7 category (in case of Rural
Population), Automatically Included category and 11 broadly defined occupational un- organized
workers(in Urban Sector) of the Socio- Economic Caste Census (SECC) database of the Government
of Madhya Pradesh, beneficiaries under National Food & Security act & Sambal beneficiaries (listed
under the unorganized labour category of Madhya Pradesh), by providing quality inpatient care and
day care surgeries for treatment of diseases and medical conditions pertaining to secondary and / or
tertiary treatment through a network of Empaneled Health Care Providers (EHCP), to the
beneficiaries for the risk covers as defined below (clause 0). Total Eligible AB-MP (Niramayam)
Beneficiary Family Units proposed to be covered under the Scheme will be approximately [1.08]
crore.
The following benefits will be covered for the eligible AB-Niramayam beneficiary families under
the Scheme.
a. Cashless and paperless hospitalization expenses coverage including treatment for medical
conditions and diseases requiring secondary and tertiary level of medical and surgical care
treatment including defined day care surgeries and follow –up care at empanelled Hospital
network across India through partnering states;
b. Pre- and post-hospitalisation cover;
c. Risk Cover (RC) of Rs. 5,00,000 (Rupees Five Lakh only) on family floater basis per
eligible AB-Niramayam Beneficiary Family Unit per annum under AB-Niramayam;
d. Eligible family will include all members within identified relationships as included in the
SECC 2011/NFSA/SAMBAL Database and any other set of beneficiaires as approved by
state or central government updated from time to time.
1.2 Objectives
The main objective of the assignment is to:
i. Engage a team to carry out the activities entailed in the Scope of Work detailed herein
Section 4 of the RFP.
ii. Establish and maintain a call center for Ayushman Bharat Niramayam.
iii. Provide minimum required software / hardware and upgrade requisite hardware and
software for continuous functioning of the call center to comply with Service levels;.
iv. Provide inputs to SHA for efficient functioning of call center.
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SECTION 2. INSTRUCTION TO THE BIDDERS
2.1 Introduction
2.1.1 SHA-MP will select an Agency in accordance with the method of selection specified in the
RFP. The selection of Agency shall be on the basis of an evaluation by SHA-MP through
the selection process specified in this RFP (the “Selection Process”). Bidders shall be
deemed to have understood and agreed that no explanation or justification for any aspect of
the Selection Process will be given and that SHA-MP’s decisions are final without any
right of appeal whatsoever.
2.1.2 The Bidders are invited to submit Technical and Financial Proposals (collectively called as
“the Proposal/Bid”), as specified in the Schedule of RFP, for the services required for the
Assignment. The Proposal will form the basis for grant of Work Order/Contract to the
selected Agency. The Agency shall carry out the assignment in accordance with the Terms
of Reference of RFP (the “TOR”).
2.1.3 The Bidder shall submit the Proposal in the form and manner specified in this RFP through
https://mptenders.gov.in/. The Proposal shall be submitted as per the forms given in
relevant sections herewith.
2.1.4 Bidders shall bear all costs associated with the preparation and submission of their
proposals, and their participation in the Selection process, and presentation including but
not limited to postage, delivery fees, expenses associated with any demonstrations or
presentations which may be required by SHA-MP or any other costs incurred in connection
with or relating to its Proposal. The SHA-MP is not bound to accept any Proposal and
reserves the right to annul the selection process at any time prior to execution of the
Contract, without thereby incurring any liability to the Bidders.
2.1.5 SHA-MP requires that the Bidder hold SHA-MP’s interests’ paramount, avoid conflicts
with other assignments or its own interests, and act without any consideration for future
work. The Bidder shall not accept or engage in any assignment that may place it in a
position of not being able to carry out the assignment in the best interests of SHA-MP and
the Project.
2.1.6 It is the SHA-MP’s policy to require that the Bidders observe the highest standard of ethics
during the Selection Process and execution of work/assignment. In pursuance of this
policy, the SHA-MP:
2.1.7 will reject the Proposal for award if it determines that the Bidder has engaged in corrupt or
fraudulent activities in competing for the Project in question;
2.1.8 will declare a Bidder ineligible, either indefinitely or for a stated period, to be awarded any
contract or work order if it at any time determines that the Bidder has engaged in corrupt or
fraudulent practices in competing for and in executing the work order/Contract.
2.1.9 Dispute Resolution: If any dispute or difference of any kind whatsoever arises between the
parties in connection with or arising out of or relating to or under this RFP, the parties shall
promptly and in good faith negotiate with a view to its amicable resolution and settlement.
In the event no amicable resolution or settlement is reached within a period of thirty (30)
days from the date on which the above-mentioned dispute or difference arose, such dispute
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or difference shall be finally settled by Secretary, Health, GoMP, whose decision shall be
final.
2.1.10 Number of Proposals: No Bidder shall submit more than one Proposal.
2.1.11 No Consortium/ Joint Venture or Sub Contracting: All Bids shall be submitted only by
a single/sole Bidder; Consortiums and Joint Ventures are not allowed under this RFP. Sub-
contracting of the scope of work under this RFP is not permitted at any stage during the
empanelment.
2.1.12 No change in constitution is permitted during the tendering period. Any change in
constitution of the Bidder post tendering process may be permissible only with prior
permission of tendering authority.
2.1.13 Right to reject any or all Proposals:
a. Notwithstanding anything contained in this RFP, the SHA-MP reserves the right to
accept or reject any Proposal and to annul the Selection Process and reject all
Proposals, at any time without any liability or any obligation for such acceptance,
rejection or annulment, and without assigning any reasons thereof.
b. Without prejudice to the generality of above, the SHA-MP reserves the right to reject
any Proposal if:
i. at any time, a material misrepresentation is made or discovered, or
ii. The Bidder does not provide, within the time specified by the SHA-MP, the
supplemental information sought by the SHA-MP for evaluation of the Proposal.
iii. Such misrepresentation/ improper response by The Bidder may lead to the
disqualification of The Bidder. If such disqualification/ rejection occurs after the
Proposals have been opened and the highest-ranking Bidder gets disqualified/
rejected, then the SHA-MP reserves the right to consider the next best Bidder or
take any other measure as may be deemed fit in the sole discretion of the SHA-MP,
including annulment of the Selection Process.
2.1.14 Acknowledgement by Bidder
a. It shall be deemed that by submitting the Proposal, The Bidder has:
i. made a complete and careful examination of the RFP;
ii. received all relevant information requested from the SHA-MP;
iii. accepted the risk of inadequacy, error or mistake in the information provided in the
RFP or furnished by or on behalf of the SHA-MP;
iv. satisfied itself about all matters, things and information, including matters herein
above, necessary and required for submitting an informed Proposal and
performance of all its obligations there under;
v. acknowledged that it does not have a Conflict of Interest; and
vi. agreed to be bound by the undertaking provided by it under and in terms hereof.
b. The SHA-MP and/ or its advisors/ consultants shall not be liable for any omission,
mistake or error on the part of the Bidder in respect of any of the above or on account
of any matter or thing arising out of or concerning or relating to RFP or the Selection
Process, including any error or mistake therein or in any information or data given by
the SHA-MP and/ or its consultant.
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2.2 Pre-Bid Meeting
2.2.1 Pre-Bid Meeting of the Bidders will be convened as per the details set out in the MP tender
portal.
2.3 Clarification and amendment of RFP documents
2.3.1 Bidders may seek clarification on this RFP document, within the stipulated date as set out
in this RFP document through https://mptenders.gov.in/.
2.3.2 Any request for clarification must be sent by standard electronic means (PDF and word
file) to the SHA-MP’s email addressed: [email protected] before pre-bid
meeting date.
2.3.3 The SHA-MP will post the reply to all such queries on https://mptenders.gov.in/.
2.3.4 At any time before the submission of Proposals, the SHA-MP may, for any reason, whether
at its own initiative or in response to a clarification requested by a prospective Bidder,
modify the RFP documents by an amendment. All amendments/ corrigenda will be posted
only on https://mptenders.gov.in/.
2.3.5 To afford the Bidders a reasonable time for taking an amendment into account, or for any
other reason, the SHA-MP may at its discretion extend the Proposal Due Date.
2.3.6 Date of Pre-Bid Meeting (online mode only) shall be notified on https://mptenders.gov.in/.
Bidders willing to attend the pre-bid should inform SHA-MP beforehand in writing and
email.
2.4 Tender Fee
2.4.1 The RFP document is available online to registered users. A non-refundable tender
submission fee of Rs. [5000] /- (Rupees [Five Thousand] Only) shall be payable, apart
from gateway and service charges, by each Bidder for their bids to be accepted.
2.4.2 This amount shall only be paid online at https://mptenders.gov.in/.
2.5 Earnest Money Deposit
2.5.1 An Earnest Money Deposit shall be paid online at https://mptenders.gov.in/ payment portal
for the sum of [300000] /- (Rupees [Three Lakhs only] Only) shall be required to be
submitted by each Bidder.
2.5.2 SHA-MP will not be liable to pay any interest on Earnest Money Deposit. Earnest Money
Deposit of Pre- Qualified but unsuccessful Bidders shall be returned, without any interest,
within one month after grant of the work order or execution of the Contract to the Selected
Bidder (whichever is later) or when the selection process is cancelled by SHA-MP. The
Selected Bidder’s Earnest Money Deposit shall be returned, without any interest upon the
Bidder accepting the work order or executing the Contract (whichever is later) and
furnishing the Performance Security in accordance with provision of the RFP and work
order.
2.5.3 SHA-MP will be entitled to forfeit and appropriate the Earnest Money Deposit as mutually
agreed loss and damage payable to SHA-MP in regard to the RFP without prejudice to
SHA-MP’s any other right or remedy under the following conditions:
a. If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice as envisaged under this RFP (including the
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Standard Form of work order);
b. If any Bidder withdraws its Proposal during the period of its validity as specified in
this RFP and as extended by The Bidder from time to time,
c. In the case of the Selected Bidder, if the Selected Bidder fails to accept the work order
or execute the Contract within the specified time limit, or
d. If The Bidder commits any breach of terms of this RFP or is found to have made a
false representation to SHA-MP.
2.5.4 Any entity which has been barred by the Central Government, any State Government, a
statutory authority or a public sector undertaking, as the case may be, from participating in
any project and the bar subsists as on the date of the Proposal Due Date, would not be
eligible to submit a Proposal.
2.5.5 A Bidder should have, during the last 3 (three) years, neither failed to perform on any
agreement, as evidenced by imposition of a penalty by an arbitral or a judicial
pronouncement or arbitration award against The Bidder or its Associate, nor been expelled
from any project or agreement nor have had any agreement terminated for breach by such
Bidder or its Associate.
2.6 Preparation of proposal
2.6.1 Bidders are requested to submit their Proposal in English language and strictly in the
formats provided in this RFP at https://mptenders.gov.in/. The SHA-MP will evaluate only
those Proposals that are received in the specified forms and complete in all respects.
2.6.2 In preparing their Proposal, Bidders are expected to thoroughly examine the RFP
Document.
2.6.3 The technical proposal should provide the documents as prescribed in this RFP. No
information related to financial proposal should be provided in the technical proposal.
2.6.4 Failure to comply with the requirements spelt out above shall lead to the deduction of
marks during the evaluation. Further, in such a case, SHA-MP will be entitled to reject the
Proposal. However, if any information related to financial proposal is included in the
technical proposal The Bidder shall be disqualified and his proposal will not be considered.
2.6.5 The Proposals must be signed by the Authorized Representative (the “Authorized
Representative”) as detailed below:
a. by a partner, in case of a partnership firm and/or a limited liability partnership; or
b. by a duly authorized person, in case of a Limited Company or a corporation;
2.6.6 Bidders should note the Proposal Due Date, as specified in Schedule of RFP, for
submission of Proposals. Except as specifically provided in this RFP, no supplementary
material will be entertained by the SHA-MP, and the evaluation will be carried out only on
the basis of Documents received by the closing time of Proposal Due Date. Bidders will
ordinarily not be asked to provide additional material information or documents subsequent
to the date of submission, and unsolicited material if submitted will be summarily rejected.
For the avoidance of doubt, the SHA-MP reserves the right to seek clarifications in case the
proposal is non- responsive on any aspects.
2.6.7 Financial proposal: While preparing the Financial Proposal, Bidders are expected to take
into account the various requirements and conditions stipulated in this RFP document. The
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Financial Proposal should be a lump sum Proposal inclusive of all the costs including but
not limited to all taxes associated with the Assignment submitted through
https://mptenders.gov.in/. While submitting the Financial Proposal, The Bidder shall ensure
the following:
a. The Bidder shall submit the Technical and Financial Proposal as per the instruction
provided in this RFP document.
b. The Bidder shall ensure not to submit the Financial Proposal with the Technical
Proposal. The Financial Proposal shall only be submitted in soft copy only through e-
procurement portal https://mptenders.gov.in as prescribed in this RFP. Any proposal
with financial details submitted otherwise may be rejected by the SHA-MP
c. All the costs associated with the Assignment shall be included in the Financial
Proposal. These shall normally cover remuneration for all the personnel (Expatriate and
Resident, in the field, office, etc.), accommodation, air fare, transportation, equipment,
printing of documents, secondary and primary data collection, etc. The total amount
indicated in the Financial Proposal shall be without any condition attached or subject to
any assumption and shall be final and binding. In case any assumption or condition is
indicated in the Financial Proposal, it shall be considered non-responsive and liable to
be rejected.
d. The Financial Proposal shall take into account all the expenses and all duties, tax
liabilities and cost of insurance specified in the work order/Contract (as the case may
be), levies and other impositions applicable under the prevailing law. Further, all
payments shall be subjected to deduction of taxes at source as per Applicable Laws.
The GST shall be payable extra as per the prevailing rates.
e. The rates quoted would remain fixed for the entire contract period.
f. NIL Value quoted against any value above shall lead to rejection of proposal.
g. The payment for the aforesaid quoted value shall be paid in accordance with the
Payment terms
2.6.8 The Proposal should be submitted as per the standard Financial Proposal submission forms
prescribed in this RFP.
2.6.9 Bidders shall express the price of their services in Indian Rupees only.
2.7 Submission, receipt and opening of proposals
2.7.1 The Proposal shall be submitted through e-procurement portal https://mptenders.gov.in.
The procedure for filing of e-tender is provided on the portal.
2.7.2 The Authorized Representative of the Bidder should authenticate EMD details, Pre-
qualification, Technical and Financial proposal.
2.7.3 The Authorized Representative’s authorization should be confirmed by a written power of
attorney by the competent SHA-MP accompanying the Proposal.
2.7.4 No Proposal shall be accepted after the Proposal Due Date and Time.
2.7.5 After the deadline for submission of Proposals the Pre-Qualification Proposal shall be
opened by the Evaluation Committee to evaluate whether the Bidders meet the prescribed
Minimum Qualification Criteria. The RFP details for Technical Proposal shall remain
sealed.
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2.7.6 Any effort by a Bidder (including the Selected Bidder) to influence the SHA-MP during the
Proposal evaluation, Proposal comparison or grant of the work order decisions may result
in the rejection of The Bidder’s Proposal.
2.8 Proposal Evaluation
2.8.1 As part of the evaluation, the Pre-Qualification Proposal submitted shall be checked to
evaluate whether the Bidder meets the prescribed Minimum Qualification Criteria.
Subsequently the Technical Proposal submission, for Bidders who meet the Minimum
Qualification Criteria (“Shortlisted Bidder”), shall be checked for responsiveness in
accordance with the requirements of the RFP and only those Technical Proposals which are
found to be responsive would be further evaluated in accordance with the criteria set out in
this RFP document.
2.8.2 Prior to evaluation of Proposals, the SHA-MP will determine whether each Proposal is
responsive to the requirements of the RFP at each evaluation stage as indicated below. The
SHA-MP may, in its sole discretion, reject any Proposal that is not responsive hereunder. A
Proposal will be considered responsive at each stage only if:
a. To the satisfaction of SHA-MP, the Bidders meets the minimum qualifications
prescribed before evaluating technical and financial proposals.
b. The Technical Proposal submitted by the Bidder is:
i. received in the form specified in this RFP;
ii. received by the Proposed Due Date including any extension thereof in terms
hereof;
iii. does not contain any condition or qualification; and
iv. it is not non-responsive in terms hereof.
c. That the Financial Proposal submitted by the Bidder is:
i. submitted online only. No hard copy shall be submitted to the SHA-MP. In case a
Bidder submits the Financial Proposal in hard copy, the Proposal shall be
summarily rejected.
ii. The Financial Proposal is received in the form specified in this RFP;
iii. it is received by the Proposed Due Date including any extension thereof in terms
hereof;
iv. it does not contain any condition or qualification; and
v. It is not non-responsive in terms hereof.
The SHA-MP reserves the right to reject any Proposal which is non-responsive and no request for
alteration, modification, substitution or withdrawal will be entertained by the SHA-MP in respect of
such Proposals. However, SHA-MP reserves the right to seek clarifications or additional information
from the Bidder during the evaluation process. The SHA-MP will subsequently examine and
evaluate Proposals in accordance with the Selection Process detailed out below.
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SECTION 3. SELECTION OF AGENCY
As part of the evaluation, a Bidder must fulfill the following Qualification Criteria. In case a Bidder
does not fulfill the Qualification Criteria, the Proposal of such a Bidder will not be evaluated
further.
3.1 Pre-Qualification Criteria
The pre-qualification criteria for a Bidder to qualify for technical proposal evaluation are listed
below:
Sr. Basic
Specific Requirements Documents Required
No Requirement
1 Legal Entity The Bidder may be a partnership, Registration documents of the
trust, LLP, company or society Agency as a company/firm or any
registered under laws applicable legal entity along with:
under the laws of India. 1. Details of Board of Director/
Managing Director/ CEO /
Members
2. PAN Card
3. TAN
4. GST certificate
5. Any other supporting registration
documents, partnerships, or such
documents evidencing objectives
of the bidder to run and operate as
human resource agency as
required.
2 Experience in The Bidder should be in business Self Declaration on INR 100 stamp
call center of establishment, operation, and paper by the Director/ Partner/ CEO
business maintenance of on an average or Authorized Signatory of the
Annexure 2 minimum 100 seat call centre or Bidder. Along with client declarations
call center voice operations for work completion certificates For all
at least three preceding financial ongoing work orders atleast 50% of
years i.e., 2018-19, 2019-20, the term or scope of work must have
2020-21 been executed. (different projects to
be considered cumulative basis)
3 Government The Bidder should have Work Orders with minimum of three
Experience successfully carried out similar years of experience or Certificate of
Annexure 2A work of establishment and completion of the work for clients.
maintenance of minimum 100 For all ongoing work orders atleast
seat call center or call center 50% of the term or scope of work
voice operations for at least three must have been executed.
(3) projects with any State Govt.,
PSUs, or Semi Govt. ventures
during the last Three (3) Financial
Years. 2018-19, 2019-20, 2020-
21
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Sr. Basic
Specific Requirements Documents Required
No Requirement
4 Average Annual The Bidder should have an Certificate issued by a Chartered
Turnover average annual turnover INR 5.0 Accountant along with Certificate of
Annexure 3 crores (Rupees 5 crores) from completion of the work from clients
establishment, operation and with completed contract value amount
maintenance of call center or call
center voice operations in the last
Three (3) Financial Years 2018-
19, 2019-20, 2020-21
5 DOT The Service Provider is providing Copy of DOT certificate/OSP License
certification BPO/Call Centre services, must for the proposed sites
Annexure 4 have registered itself with
Department of
Telecommunication (DoT) as call
Centre as required to be registered
under Other Service Provider
(OSP) category
6 OEM (Original The bidder must be authorized by The authorization certificate of
Equipment the OEMs of the respective OEM/s, as per List of IT and non-IT
Manufacturer ) components to quote in the bid. components with make and model
Certifications number (as proposed by bidder in
Annexure 4A - technical bid)
-
7 Blacklisting Bidder shall not have been Undertaking to be submitted on a
debarred / blacklisted till bidding non-judicial stamp paper as per
or declaration regarding any
pending suits filed by Central
Govt. /State Govt. / Public Sector
Undertaking / any other Local
Body or body established under
or in the control of the Central or
state Government on the date of
submission of their Bid
Note:
A proposal will be considered unsuitable and will be rejected at this stage if it does not respond to
important aspects of RFP document and the Terms of Reference.
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3. The final selection of the Agency would be based on L-1, provided that the Bidder has
qualified on pre-qualifying conditions. In case of two or more Bidders quoting the same
value, the Bidder having the higher annual average turnover as per the eligibility criterion
would be the first in sequence.
4. The Selected Bidder will enter into a Contract with SHA-MP and shall work in accordance
with the Scope of work mentioned in the RFP.
5. The financial quote under BoQ must include all payments, costs, expenses, operational and
capex expenses to be incurred by Bidder for the Project. Quote must be mandatorily be filled
on mptenders only. Any other mode of submission of financial quote shall make the bid
liable for rejection.
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SECTION 4. SCOPE OF WORK
The Agency / Bidder shall supply, install and maintain a minimum of 26 line inbound and outbound
call center at site prescribed by SHA. SHA shall provide functional premises (including electricity,
light, fan, air conditioner only) and furniture (agent desk) at call center. All other hardware and
software infrastructure shall be provided by Agency which shall include establishment operate and
maintenance. SHA shall have all proprietary rights on the hardware and software equipment at all
times. All equipment and software must be owned and procured in the name of SHA. The contract
shall be for an initial term of three (3) tears unless terminated for any cause of default or otherwise,
extendable on an annual basis for a maximum term of two (2) years only
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4.4 Automatic Call Distributor
a. Skill based Routing
b. Automatic Call Distributor is an integrated module providing state-of- the-art inbound call
routing capabilities to multiple agents based on business rules applicable as per inbound agent.
c. Routing Customer calls based on DID; DNIS or ANI: Dynamic routing feature providing
multiple incoming number identification functionality as per business requirements.
Applicable as per inbound agents.
d. Routing Customer calls based on CLI: Routing Customer calls based on Caller line
identification. Applicable as per inbound agents.
e. Forward a call on trunk: Telephony feature allowing for call forwarding on a trunk. Applicable
as per inbound agents.
f. Route a call to a group of agents based on FIFO; LWA (longest wait agent): Dynamic routing
feature allowing for multiple protocols as per business requirements to optimize agent
productivity. Applicable as per inbound agents.
g. Multiple queues: Multiple queue support feature providing flexibility in handling multiple
incoming processes as per business requirements. Applicable as per inbound agents.
h. Welcome Message: Feature allowing agents to seamlessly set a welcome message to incoming
calls prior to customer engagement enabling heightened preparation prior to contact.
Applicable as per inbound agent.
i. Language and Skill Selection: Feature allowing for dynamic routing based on language and
skill selected by user. Applicable as per inbound agent.
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S. No. Activity Week 1 Week 2 Week 3
1 Infrastructure Development
2 System Integration
3 Hardware Installation
4 Software Development
5 Application Testing
6 Go-Live
4.8 Maintenance
1. Scheduled preventive maintenance of equipment (IT & non IT), Virus scans and
Anti-virus updates, Regular Backups, Security policy creation & monitoring (Local
Network Security, Application Level Security, OS Level Security, Physical
Security) and other IT system security guidelines as issued by GoI or other
authorities from time to time.
2. Upgrade the software / hardware to the latest version whenever the changes in the
IT systems require up-gradation of the software/hardware of the call centre
systems.
3. Do augmentations if required, based on traffic & resource utilization.
4. Change the hardware if the same are declared end of life during the duration of the
agreement.
5. The Call Centre Agency shall build a FAQ database / knowledge bank, and step
by step workflow for day to day operations and for special cases. The Bidder shall be
required to provide & update knowledge base & FAQ database.
4.9 SPOC
The Bidder / Service Provider must ensure deputation / deployment of SPOC for smooth
operation of call center stationing at project Office (SHA Office). The SPOC must be BE
in CS / IT It with minimum 6 years’ experience in managing hardware / networking. Also,
Bidder shall be responsible to provide a software developer for all integerations,
developments, requirements for the software applications and SHA / NHA application
integrations. The Bider must ensure all round availability for human resources ta Project
Office of SHA MP. Any change in resource must be per directions of SHA MP and on
prior approval of Issuing Authority. Any undue absence or failure to provide alternate
competent Human Resource may be considered as a violation of conditions of RFP and
Service provider Agreement.
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SECTION 5. PAYMENT TERMS
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SECTION 6. KPIs AND PENALITY
The Key Performance Indicators below defines the terms of the Agency’s responsibility in ensuring
the timely delivery of the scope of work, quality of deliverables and other aspect of empanelment as
per the RFP and Service Level Agreement. The KPIs mentioned below are not exhaustive and any
addition/ deletion to this list of KPIs shall be as per the direction of the Nodal, SHA-MP.
System Availability
The Call center system availability must be over 99%. This will be calculated on monthly basis.
Monthly report with monitoring credentials should be shared with SHA.
If penalty for the three consecutive months will be more than 10 % of monthly invoice, than SHA
may terminate the contract and decision of the committee constituted by SHA will be final.
Penalties
A Penalty no. is mentioned in “Penalty” column of above table against each SLA. These numbers
refer to S. No. in penalty table which is as follows.
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S.N. Penalty Description
1 Penalty will be levied as per the following table: -
% Availability Penalty as %
% System Availability of the Monthly Payment
towards Call Centre cost
more than 99% & less than equal
0.50%
to 98%
More than 98% & less than equal
1%
to 96%
More than 96% & less than
2%
equal to 94%
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SECTION 7. GENERAL TERMS OF RFP
7.13 Language
Bidder shall deliver all documents in English language only. For documents submitted in Hindi,
the Bidder shall submit an English translation for the same.
The Contract as well as all correspondence and documents relating to the Contract exchanged by
the Selected Bidder and the Procuring Authority, shall be written in English or Hindi language
only.
7.14 Reporting
All correspondences by the Agency shall be addressed to the CEO of SHA-MP. However, on a
regular basis, the agency shall be in contact with the General manager Operations for all manpower
requirements of SHA-MP.
7.15 Recoveries from Agency
a) Recovery of penalties shall be made from quarterly invoice payment to be made to the
Agency.
b) SHA-MP shall withhold amount to the extent of shortcomings of the delivery of services
unless these are completed as per the SLA. In case of failure to withhold the amount, it shall
be recovered from dues of the Agency and Performance Security deposit available with
SHA-MP. The balance, if any, shall be demanded from the empaneled agency and when
recovery is not possible, SHA-MP shall take recourse to law in force.
7.16 Taxes & Duties
a) GST, if applicable, should not be included in the Proposal price and shall be paid by SHA-
MP separately on prevailing rates. All other taxes, duties, license fee and levies shall be
including in the proposal price.
b) TDS, if applicable for any tax, shall be done as per law in force at the time of execution of
the Contract.
7.17 Copyright
The copyright in all materials containing data and information furnished to the Agency herein
shall remain vested in SHA-MP, or, if they are furnished to SHA-MP directly or through the
Agency by any third party, including suppliers of materials, the copyright in such materials
shall remain vested in such third party.
7.18 FORCE MAJEURE
a) Neither party will be liable in respect of failure to fulfill its obligations, if the said failure is
entirely due to Acts of God, Governmental restrictions or instructions, natural calamities or
catastrophe, epidemics or disturbances in the country.
b) Force Majeure shall not include (i) any event which is caused by the negligence or
intentional action of a Party or by or of such Party’s agents or employees, nor (ii) any event
which a diligent Party could reasonably have been expected both to take into account at the
time of being assigned the work, and avoid or overcome with utmost persistent effort in the
carrying out of its obligations hereunder.
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c) A Party affected by an event of Force Majeure shall immediately notify the other Party
within 7 working days of such event, providing sufficient and satisfactory evidence of the
nature and cause of such event, and shall similarly give written notice of the restoration of
normal conditions as soon as possible.
d) The failure of a party to fulfill any of its obligations under the work order/ Contract shall
not be considered to be a breach of, or default under the work order/ Contract insofar as
such inability arises from an event of Force Majeure, provided that the Party affected by
such an event: - has taken all precautions, due care and reasonable alternative measures in
order to carry out the terms and conditions of the work order/ Contract, and has informed
the other party within 7 days from the occurrence of such an event, including the dates of
commencement and estimated cessation of such event of Force Majeure; and the manner in
which the Force Majeure event(s) affects the Party’s obligation(s) under the work order/
Contract.
7.19 TERMINATION
a) Termination for Default
i. SHA-MP may, without prejudice to any other remedy for breach of contract, by written
30 days’ notice of default send to the Agency, terminate the Contract in whole or part if
the Agency fails to deliver any or all of the systems within the period(s) specified in the
Contract, or within any extension thereof granted by the Purchaser pursuant to conditions
of the terms and conditions set out in the Contract or if the Agency fails to perform any
other obligation(s) under the Contract.
ii. In event of termination resulting under the aforesaid clause, SHA-MP shall be liable to
make no payments in favor of the agency; however, SHA-MP will be entitled to forfeit
the Performance Security in addition to taking any other recourse available under the law,
including blacklisting the Agency.
iii. In the event that SHA-MP terminates the Contract in whole or in part, pursuant to the
terms and conditions set out in the Contract, it may procure, upon such terms and in such
manner, as it deems appropriate, systems or services similar to those undelivered and the
Agency shall be liable to pay SHA-MP for all costs and expenses relating to procurement
of such similar systems or services. However, Agency shall continue the performance of
the Contract to the extent not terminated.
b) Termination for Insolvency
SHA-MP may at any time terminate the Contract by giving a written notice of at least 30
days to the Selected Bidder/Agency, if the Selected Bidder/Agency becomes bankrupt or
otherwise insolvent. In such event, termination will be without compensation to the
Selected Bidder/Agency, provided that such termination will not prejudice or affect any
right of action or remedy that has accrued or will accrue thereafter to SHA-MP.
c) Termination for Other Reasons
SHA-MP, by 30 days’ written notice sent to the Agency, may terminate the Contract, in
whole or in part at any time. The notice of termination shall specify that termination is for
SHA-MP’s convenience, the extent to which performance of the Agency under the
Contract is terminated and the date upon which such termination becomes effective.
However, any undisputed payment to the invoices of the task accomplished by Agency
would be paid by SHA-MP.
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d) Termination for Force Majeure
In event that a Force Majeure event continues for 90 (ninety) days and/or SHA-MP or the
Agency does not see any feasibility of continuing the project due to a Force Majeure
event, then SHA-MP may, on expiry of 90 (ninety) days or at any period before that in
event of no foreseeability of project, issue a termination notice to the Agency,
terminating the Contract with immediate effect. The Agency shall be awarded 30 (thirty)
days to complete any pending activities and clear the premises provided by SHA-MP.
Payments for works done prior to the commencement of the Force Majeure period shall
be duly paid to the Agency by SHA-MP.
7.20 Indemnity
a) The Agency shall at all times indemnify and keep indemnified SHA, MP against all claims,
actions, proceedings, lawsuits, demands, losses, liabilities, damages, fines or expenses
(including interest, penalties, attorneys’ fees and other costs of defense or investigation (i)
related to or arising out of, whether directly or indirectly, (a) a breach by the resources
appointed by or through the Agency of any obligations specified in relevant clauses hereof;
(b) negligence, reckless or otherwise wrongful act or omission of the resources appointed
by or through the Agency including professional negligence or misconduct of any nature
whatsoever in relation to services rendered by them;
b) The Agency shall at all times indemnify and keep indemnified SHA, MP against all
claims/damages etc. for any infringement of any Intellectual Property Rights (IPR) while
providing its services under the Project.
c) The Agency shall at all times indemnify and keep indemnified SHA, MP against any claims
in respect of any damages or compensation payable in consequences of any accident or
injury sustained or suffered by its (Agency’s) employees or agents or by any other third
party resulting from or by any action, omission or operation conducted by or on behalf of
the Agency or its employees.
d) The Agency shall at all times indemnify and keep indemnified SHA, MP against any and
all claims by employees, workman, contractors, sub-contractors, suppliers, agent(s),
employed engaged or otherwise working for the Agency, in respect of wages, salaries,
remuneration, compensation or the like.
e) All claims regarding indemnity shall survive the termination or expiry of the Contract.
7.21 Miscellaneous
a) The Selection Process shall be governed by, and construed in accordance with, the
laws of India and the Courts at Bhopal shall have exclusive jurisdiction over all
disputes arising under, pursuant to and/or in connection with the Selection Process.
b) The SHA-MP, in its sole discretion and without incurring any obligation or liability,
reserves the right, at any time, to:
i. suspend and/or cancel the Selection Process and/or amend and/or supplement
the Selection Process or modify the dates or other terms and conditions
relating thereto;
ii. consult with any Bidder in order to receive clarification or further information;
iii. retain any information and/or evidence submitted to the SHA-MP by, on
behalf of and/or in relation to any Bidder; and/or
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iv. independently verify, disqualify, reject and/or accept any and all submissions
or other information and/or evidence submitted by or on behalf of any Bidder.
c) It shall be deemed that by submitting the Proposal, the Bidder agrees and releases the
SHA-MP, its employees, agents and advisers, irrevocably, unconditionally, fully and
finally from any and all liability for claims, losses, damages, costs, expenses or
liabilities in any way related to or arising from the exercise of any rights and/or
performance of any obligations hereunder, pursuant hereto and/or in connection
herewith and waives any and all rights and/ or claims it may have in this respect,
whether actual or contingent, whether present or future.
d) All documents and other information provided by SHA-MP or submitted by a Bidder
to SHA-MP shall remain or become the property of SHA-MP. Bidders or the Agency,
as the case may be, are to treat all information as strictly confidential. SHA-MP will
not return any Proposal or any information related thereto. All information collected,
analyzed, processed or in whatever manner provided by The Bidder to SHA-MP in
relation to the assignment shall be the property of SHA-MP.
e) The SHA-MP reserves the right to make inquiries with any of the clients listed by the
Bidders in their previous experience record.
f) The Agency shall bear all the expenses regarding delivery of services.
g) The Agency shall not, under any circumstances, revise the rates already approved for
services. Any request for an increase in the rates will not be entertained under any
circumstances during the contract period.
h) The Agency shall execute the whole work in strict accordance with guidelines of SHA-
MP.
i) SHA-MP shall reserve the right to make any alterations in or additions to the original
scope of work on mutually agreed terms. Any additional work which the Agency may
be directed to do in the manner specified above as part of the work shall be carried out
by the Agency on the same conditions in all respects on which it had agreed to do the
original work and at the same rates as specified by SHA-MP.
j) Any publicity by the Agency in which the name of SHA-MP is to be used should be
done only with the explicit written permission of SHA-MP.
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SECTION 8. ANNEXURES
Dear Sir,
With reference to your RFP Document dated [date], we, having examined all relevant
documents and understood their contents, hereby submit our Proposal for selection as [name of
assignment]. The Proposal is unconditional and unqualified.
We understand you are not bound to accept any Proposal you receive. Further:
6. We declare that:
a) We have examined and have no reservations to the RFP, including any addendum
issued by the SHA-MP;
b) We do not have any conflict of interest in accordance with the terms of the RFP;
15. A Power of Attorney in favor of the authorized signatory to sign and submit this
Proposal and documents is attached herewith.
16. The Technical Proposal is being submitted in a separate cover. The Financial Proposal
has been/shall be submitted online as per the prescribed timeline set out in the RFP
Document. This Proposal read with the Technical and Financial Proposal shall
constitute the Proposal which shall be binding on us.
17. We agree and undertake to abide by all the terms and conditions of the RFP Document.
Yours sincerely,
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Name of Firm:
Address:
Telephone:
Fax:
(Name and seal of the Bidder)
Page 34 of 61
ANNEXURE 2: EXPERIENCE IN CALL CENTER / CALL CENTER VOICE
OPERATIONS BUSINESS
Page 35 of 61
ANNEXURE 2A GOVERNMENT BUSINESS EXPERIENCE
Please find herein attached below details of relevant experience: Attach copies of Work orders /
completion certificates / declaration from clients of work completed or ongoing work
NOTE: Kindly provide supporting work order/ agreement/ project completion certification/ auditor
certificate.
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ANNEXURE 3: AVERAGE ANNUAL TURNOVER OF BIDDER (CHARTERED
ACCOUNTANT CERTIFICATE)
Page 37 of 61
ANNEXURE 4: DOT Certification
Bidder to provide required DOT certification (all valid and renewal certificates, if any)
AFFIDAVIT
I / We……………………………………………………………………………………………… (Full
name in capital letters starting with surname), the Proprietor/ Partner /Managing Director / Holder of
power of attorney of …………………………………………………............................... the business,
establishment / firm / registered company do hereby, in continuation of the terms and conditions
underlying the RFP document and agreed to by me/us, give following undertaking.
1. It is declared that the firm ………………………is not declared insolvent any time in the past.
Not debarred/ black listed by either SHA-MP /central Govt. / state Govt. / Public sector
undertaking/ any other Local body from start date of tender notice not convicted under the
provision of IPC or Prevention of Corruption Act., nor any criminal case is pending against me/us
in any court of law.
2. It is further declared that the firm………………. shall inform SHA-MP of any such pending
suits/ enquiry/ investigation against the Bidder in any court of law, legal authority, paralegal
authority which may hamper the execution of works under this RFP.
3. The firm………………… do hereby agree that if in future, it comes to the notice of SHA-MP/ if
it is brought to the notice of SHA-MP that any disciplinary/ penal action due to violation of terms
and conditions of the tender/RFP document which amounts to cheating /depicting of malafide
intention during the completion of the contract anywhere in SHA-MP or either by any of
central Govt. / state Govt. / Public sector undertaking/any other Local body, SHA-MP will be at
discretion to take appropriate action as its finds fit.
WITNESS:
(1)Full Name ……………………………….
And Address ……………………………….
Signature ………………………………
(2)Full Name ……………………………………
And Address ……………………………….
Signature ……………………….
[Location, Date]
Please provide a certificate that the Agency have been in operation for a minimum of 5 years as on
01st June 2019 in the field of Manpower Consultancy Services and that the Agency has not been
Page 38 of 61
blacklisted by any Central/ State/ Public Sector undertaking in India.
Yours sincerely,
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ANNEXURE 6: FORM OF BANK GUARANTEE FOR PERFORMANCE
SECURITY
(To be stamped in accordance with Stamp Act if any, of the country for issuing bank) Ref.:
Bank Guarantee:
We [Name of Bank] incorporated under [law and country] having its Head Office at
[address](hereinafter referred to as the Bank), which expression shall, unless repugnant to the
context or meaning thereof, include its successors, administrators executors and assigns) do hereby
guarantee and undertake to pay the SHA-MP immediately on demand an or, all monies payable by
the Agency to the extent of Rs. [amount in figure and words] as aforesaid at any time up to [date]
without any demur, reservation, contest, recourse or protest and/ or without any reference to the
Agency. Any such demand made by the SHA-MP on the Bank shall be conclusive and binding
notwithstanding any difference between the SHA-MP and the Agency or any dispute pending
before any Court, Tribunal, Arbitrator or any other authority.
We agree that the Guarantee herein contained shall be irrevocable and shall continue to be
enforceable until the SHA-MP discharges this guarantee.
The SHA-MP shall have the fullest liberty without affecting in any way the liability of the Bank
under this Guarantee, from time to time to vary the advance or to extend the time for performance
of the Work Order by the Agency nor shall the responsibility of the bank be affected by any
variations in the terms and conditions of the Work Order or other documents. The SHA-MP shall
have the fullest liberty without affecting this guarantee, to postpone from time to time the exercise
of any powers vested in them or of any right which they might have against the SHA-MP and to
exercise the same at any time in any manner, and either to enforce or to forbear to enforce any
covenants, contained or implied, in the Work Order between the SHA-MP and the Agency any
other course or remedy or security available to the client. The Bank shall not be relieved of its
obligations under these presents by any exercise by the SHA-MP of its liberty with reference to the
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matters aforesaid or any of them or by reason of any other act or forbearance or other acts of
omission or commission on the part of the SHA-MP or any other indulgence shown by the authority
or by any other matter or thing whatsoever which under law would but for this provision have the
effect of relieving the Bank.
The Bank also agrees that the SHA-MP at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the Agency
and notwithstanding any security or other guarantee that the client may have in relation to the
Consulting
Agency’s liabilities.
This Guarantee shall be irrevocable and shall remain in full force and effect until discharge by the
Bank of all its obligations hereunder.
This Guarantee shall not be affected by any change in the constitution or winding up of the
Agency/the Bank or any absorption, merger or amalgamation of the Agency/the bank with any
other Person.
Notwithstanding anything contained herein above our liability under this guarantee is limited to Rs.
[amount in figure and words] and it shall remain in force up to and including [date] and shall
extend from time to time for such period(s) (not exceeding one year), as may be desired by SHA -
MP on whose behalf this guarantee has been given. Date this [date in words] day [month] of [year
in ‘yyyy’ format] at [place].
WITNESS
Note:
The stamp papers of appropriate value shall be purchased in the name of bank which issues the
‘Bank Guarantee’. The bank guarantee shall be issued either by a bank (Nationalized/Scheduled)
located in India or a foreign bank through a correspondent bank (scheduled) located in India or
directly by a foreign bank which has been determined in advance to be acceptable to the SHA-MP.
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ANNEXURE 7: FORMAT FOR POWER OF ATTORNEY TO AUTHORISED
SIGNATORY
(On Non – judicial stamp paper of Rs 100 duly attested by notary public)
POWER OF ATTORNEY
Know all men by these present, we (name and address of the registered office of the Bidder) do
hereby constitute, appoint and authorize Mr. /Ms.______________________________________ R/o
__________________________________(name and address of residence) who is presently
employed with us and holding the position of as our authorized representative, to do in our name and
on our behalf, all such acts, deeds and things necessary in connection with or incidental to the
proposal/bid for providing Manpower Services as defined under this RFP for SHA-MP, GoMP for a
period of (3) Three Years, representing us in all matters in connection with our bid for the said
Project.
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to this
Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and shall
always be deemed to have been done by us.
This Power of Attorney shall be effective, binding, and operative till __________________ , if not
revoked earlier or as long as the said Attorney is in the service of the organisation, whichever is
earlier
Accept (Signature)
For ________________
(Signature)
Notes:
The mode of execution of 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.
Also, wherever required, the executant(s) should submit for verification the extract of the
charter documents and documents such as a resolution / Power of attorney in favor of the
Person executing this Power of Attorney for the delegation of power hereunder on behalf of
the executant(s).
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ANNEXURE 7: FORMAT OF BOQ FOR FINANCIAL BID
Mandatorily to be submitted online only at https://mptenders.gov.in.
Rate
Lump Sum Fee per call center seat basis In words
(inclusive of all hardware, software, manpower
costs taxes, charges, fees and payments
exclusive of GST/Taxes)
In numbers
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ANNEXURE -8 DETAILS OF WORKSTATION CONFIGURATION.
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APPENDIX – I DRAFT CALL CENTER SERVICE PROVIDER
AGREEMENT
Call Center Service Provider Agreement
This Contract for the call centre services is made at __________ on __________:
BETWEEN
STATE HEALTH AGENCY, MADHYA PRADESH, represented by the Chief executive Officer,
having his principal office at Ayushman Bharat – Deen Dayal Swasth Suraksha Parishad (AB-
DDSSP)1st floor, IEC Bureau, Jai Prakash District Hospital Compound, 1250, Link Road Number 2,
Tulsi Nagar, Bhopal - 462003 (hereinafter referred to as the State Health Agency which expression
shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its
successors and permitted assigns);
AND
M/s. _________________ Service Provider, a Private / Public Limited Company, having CIN No.
______________________ and having its registered office at _______________________________
(hereinafter referred to as the Service Provider, which expression shall, unless repugnant to the
context or meaning thereof, be deemed to mean and include its successors and permitted assigns),
represented through --------------------------.
The State Health Agency and the Service Provider shall collectively be referred to as the Parties and
individually as the Party.
WHEREAS
A. The "Ayushman Bharat - Niramayam" (the AB-Niramyam or the Scheme), a Government of Madhya
Pradesh scheme, requires to provide health protection cover to the extent of INR 500000 per annum
on a family floater and cashless basis through an established network of health care providers to 1.08
crore AB - Niramyam Beneficiary Family Units.
B. The State Government of Madhya Pradesh decided has to implement the AB Niramayam to provide
health protection to defined categories of families that are eligible for the scheme in the State.
C. The objective of Scheme is to reduce catastrophic out of pocket health expenditure, improve access to
quality health care, and reduce unmet needs of poor and vulnerable families falling under the
deprivation criteria of D1, D2, D3, D4, D5 and D7, Automatically Included categories (in rural areas)
(viz as Households without shelter, Destitute-living on alms, Manual Scavenger Families, Primitive
Tribal Groups and Legally released Bonded Labour) and broadly 11 defined occupational un-
organised workers (in Urban areas) of the Socio-Economic Caste Census (SECC) database of the
State/ UT along with the estimated existing enrolled RSBY Beneficiary Families not figuring in the
SECC Database. These eligible AB Niramayam beneficiary families will be provided coverage for
secondary, tertiary and day care procedures (as applicable) for treatment of diseases and medical
conditions through a network of Empanelled Health Care Providers (EHCP).
D. On …………… the State Health Agency commenced a bidding process by issuing tender documents
(the RFP /Tender Documents), inviting to agencies to submit their bids providing call center
services. Pursuant to the Tender Documents, the bidders submitted their bids on …………..
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E. Following a process of evaluation of financial bids submitted by bidders, the State Health Agency
accepted the Bid of the Service Provider for the support call center establishment and maintainance.
The State Health Agency issued a notification of award dated …………. (the NOA) and requested the
Service Provider to execute this Call Center Service Provider Agreement As detailed out in RFP. The
Service Provider accepted the NOA on ……………. with terms and conditions as stipulated in such
NOA.
F. The Service Provider represents and warrants that it has the experience, capability and know-how
required for establishment and maintenance of required call center services as required and mandated
under RFP document.
G. Subject to the terms, conditions and exclusions set out in this Agreement based on the RFP
Conditions, the Service Provider undertakes that
i. Engage a team to carry out the activities entailed in the Scope of Work detailed herein
Section 4 of the RFP.
ii. Establish and maintain a call center for Ayushman Bharat Niramayam.
iii. Upgrade requisite hardware and software for continuous functioning of the call center.
iv. Provide inputs to SHA for efficient functioning of call center.
H. The following documents shall form and be read and construed as part of Implementation Support
Contract;
i. ……… issued by AB – Niramayam, DDSSP, Bhopal, Madhya Pradesh
ii. Corrigendum / Addendum no ………. issued by AB – Niramayam, DDSSP, Bhopal,
Madhya Pradesh.
iii. Notice of Award …………
iv. Bids (Technical and Financial) submitted by Service Provider in respect to above RFP.
v. All annexures / documents under RFP and Implementation Support Contract.
SCOPE OF WORK
The Agency / Bidder shall supply, install and maintain a minimum of 26 line inbound and outbound
call center at site prescribed by SHA. SHA shall provide functional premises (including electricity,
light, fan, air conditioner only) and furniture (agent desk) at call center. All other hardware and
software infrastructure shall be provided by Agency which shall include establishment operate and
maintenance. SHA shall have all proprietary rights on the hardware and software equipment at all
times. All equipment and software must be owned and procured in the name of SHA. The contract
shall be for an initial term of three (3) tears unless terminated for any cause of default or otherwise,
extendable on an annual basis for a maximum term of two (2) years only
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line connectivity for establishing the call center.
j. The call centre shall initially have 26 physical seats equivalent to 52 manpower/agent, however,
SHA may seek extension of the number of persons per shift up to 40 physical seats equivalent
to 80 manpower/agent, as desired by the department within the scope of this RFP.
k. Bidders have the freedom to choose the Server Infrastructure that best suits their needs. They
can use Physical Servers or Virtual Server/ Could. The Agency must ensure that in case the
system is located on cloud it has to ensure voice logger server must be established at SHAs’
premise and call routing bandwidth must be used by voice logger server. Bidder shall be
responsible for periodic transfer of all data, call logs, reports to Authority and at the time of
handover, exit of Agency. The cloud must reside within geographical location of this country.
l. All hardware items shall be quoted with 3 years advance replacement warranty from
OEM/Supplier/Manufacturer and onsite support and services.
m. All software/subscription/licenses should be quoted with 3 years’ warranty, updates, upgrades
(wherever applicable), support and services from OEM.
n. The Bidder undertaking that the quoted product will not become end of sale within next 36
months.
o. The Bidder undertaking that the quoted product will not become end of support/end of life for
next 3 years.
p. The detailed configuration documentation of each system should be provided by Bidder and
approved by client prior to Go-Live of each system.
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dd. Terminate calls (including conference): Feature to allow agent to terminate sessions as per
requirements.
ee. Transfer calls to outside department or contact center: Feature to allow agents to transfer calls
as per session requirements.
ff. Login / Logout, Receive Calls Features.
gg. Supervisor Login: Supervisor module allows for in-depth monitoring and management of
operational processes and applicable as per supervisor basis.
hh. Monitor user log in/out: Feature for supervisor monitoring to login and logout of users.
ii. Supervisor Snoop with agents: Feature for supervisor to quietly listen into customer interactions
of agents in real-time.
jj. Barge with agents: Feature for supervisor to quickly takeover a call interaction from agents in
real-time.
kk. Supervisor Whisper with agents: Supervisor feature to impart instructions to agents without
alerting customer.
ll. Supervisor Confer with agents: Supervisor feature to engage in conference with agents and
customers in real-time.
mm. Force logout of agents: Supervisor feature to terminate login session of agents as per
supervisor requirements.
nn. Supervisor Live call monitoring: Supervisor feature to monitor agent customer interactions in
real-time.
oo. Supervisor Download recorded conversations: Supervisor feature allowing quick and easy
downloading of recorded agent sessions.
pp. Supervisor Listen to recorded conversations: Supervisor feature allowing quick and easy
listening of recorded agent sessions.
qq. Monitor live agents and/or Customers through GUI: Supervisor feature to monitor agents and/or
customers through state- of-the art graphical user interface.
rr. Administrator Login: Administrator module allows for easy set-up management and definition
of business procedures, applicable as per administrator basis.
ss. Campaign, Queues and Group Management: Administrator feature to define parameters for
campaign, queues and group management as per business requirements.
tt. Media context and routing configurations: Administrator feature to configure media context and
routing as per business requirements.
uu. User Management and Assignment: Administrator feature to manage and assign user privileges.
vv. Prompt Management: Ability to manage voice prompts.
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r. Language and Skill Selection: Feature allowing for dynamic routing based on language and skill
selected by user. Applicable as per inbound agent.
5.8 Maintenance
6. Scheduled preventive maintenance of equipment (IT & non IT), Virus scans and Anti-
virus updates, Regular Backups, Security policy creation & monitoring (Local
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Network Security, Application Level Security, OS Level Security, Physical Security)
and other IT system security guidelines as issued by GoI or other authorities from
time to time.
7. Upgrade the software / hardware to the latest version whenever the changes in the IT
systems require up-gradation of the software/hardware of the call centre systems.
8. Do augmentations if required, based on traffic & resource utilization.
9. Change the hardware if the same are declared end of life during the duration of the
agreement.
10. The Call Centre Agency shall build a FAQ database / knowledge bank, and step by
step workflow for day to day operations and for special cases. The Bidder shall be
required to provide & update knowledge base & FAQ database.
5.9 SPOC
The Bidder / Service Provider must ensure deputation / deployment of SPOC for smooth
operation of call center stationing at project Office (SHA Office). The SPOC must be BE in
CS / IT It with minimum 6 years’ experience in managing hardware / networking. Also,
Bidder shall be responsible to provide a software developer for all integerations,
developments, requirements for the software applications and SHA / NHA application
integrations. The Bider must ensure all round availability for human resources ta Project
Office of SHA MP. Any change in resource must be per directions of SHA MP and on
prior approval of Issuing Authority. Any undue absence or failure to provide alternate
competent Human Resource may be considered as a violation of conditions of RFP and
Service provider Agreement.
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5.3 Invoicing and Payment
i. The Agency shall send its invoices for payments along with requisite documents on basis of
number of seats established per financial quote accepted by SHA in RFP process. The invoice
shall be inclusive of all taxes.
j. The payment will be subject to TDS as per Income Tax Rules/ GST (if applicable) and other
statutory deductions as per applicable laws.
k. Prices (inclusive of all taxes), to be charged by the Agency for provision of services in terms
of the contract shall not vary from the prices agreed upon in the financial proposal.
l. SHA-MP shall review the documents and forward the required payment in favor of the
Agency within 15 (fifteen) days.
m. All the Payments will be made in Indian Rupees only in the Bank Accounts of the Agency.
n. Payments shall be subject to deductions of any amount for which the agency is liable as per
the penalty clause set out in the RFP document/Contract. Further, all payments shall be made
subject to deduction of TDS (Tax Deduction at Source) as per the applicable laws.
o. No interest/charges shall be paid on delayed payments.
p. The empaneled agency shall not be paid any extra charges (or any out-of-pocket expense)
against such items which are required for performing proper and efficient working.
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SECTION 10. KPIs AND PENALITY
The Key Performance Indicators below defines the terms of the Agency’s responsibility in ensuring
the timely delivery of the scope of work, quality of deliverables and other aspect of empanelment as
per the RFP and Service Level Agreement. The KPIs mentioned below are not exhaustive and any
addition/ deletion to this list of KPIs shall be as per the direction of the Nodal, SHA-MP.
System Availability
The Call center system availability must be over 99%. This will be calculated on monthly basis.
Monthly report with monitoring credentials should be shared with SHA.
If penalty for the three consecutive months will be more than 10 % of monthly invoice, than SHA
may terminate the contract and decision of the committee constituted by SHA will be final.
Penalties
A Penalty no. is mentioned in “Penalty” column of above table against each SLA. These numbers
refer to S. No. in penalty table which is as follows.
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S.N. Penalty Description
1 Penalty will be levied as per the following table: -
% Availability Penalty as %
% System Availability of the Monthly Payment
towards Call Centre cost
more than 99% & less than equal
0.50%
to 98%
More than 98% & less than equal
1%
to 96%
More than 96% & less than
2%
equal to 94%
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SECTION 11. GENERAL TERMS OF RFP
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work order or the execution of the Contract, such Bidder or Agency shall not be eligible to
participate in any tender issued by the SHA-MP during a period of 2 (two) years from the date such
Bidder or Agency, as the case may be, is found by the SHA-MP to have directly or through an
agent, engaged or indulged in any Prohibited Practices.
For the purposes of this Clause, the following terms shall have the meaning hereinafter respectively
assigned to them:
f) “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 SHA-MP
who is or has been associated in any manner, directly or indirectly with the Selection
Process or the work order or has dealt with matters concerning the Contract or arising
there from, before or after the execution thereof, at any time prior to the expiry of one
year from the date such official resigns or retires from or otherwise ceases to be in the
service of the SHA-MP, shall be deemed to constitute influencing the actions of a
person connected with the Selection Process; or (ii) save as provided herein, engaging
in any manner whatsoever, whether during the Selection Process or after the issue of
the Work Order or after the execution of the Contract, as the case may be, any person in
respect of any matter relating to the Project or the Work Order or the Contract, who at
any time has been or is a legal, financial or technical consultant/ adviser of the SHA-
MP in relation to any matter concerning the Project;
g) “fraudulent practice” means a misrepresentation or omission of facts or disclosure of
incomplete facts, in order to influence the Selection Process;
h) “coercive practice” means impairing or harming or threatening to impair or harm,
directly or indirectly, any persons or property to influence any person’s participation or
action in the Selection Process;
i) “undesirable practice” means (i) establishing contact with any person connected with or
employed or engaged by the SHA-MP 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
j) “restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Bidders with the objective of restricting or manipulating a full and
fair competition in the Selection Process.
7.25 Confidentiality
c) This document is meant for the specific use by such parties who are interested to
participate in the current tendering process. This document in its entirety is subject to
Copyright Laws. State Health Agency, Madhya Pradesh expects the Bidders or any
person acting on behalf of the Bidders strictly adhere to the instructions given in the
document and maintain confidentiality of information.
d) The Bidders shall be held responsible for any misuse of information contained in the
document, and liable to be prosecuted by the SHA- MP in the event that such a
circumstance is brought to the notice of SHA-MP. By downloading/purchasing the
document, the interested party is subject to confidentiality clauses.
7.26 Interference with Tender Process
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For a Proposer who withdraws from the Tender Process after opening of financial proposal /
withdraws from the Tender Process after being declared the Selected Bidder / fails to enter into
Contract after being declared the Selected Bidder / fails to provide Performance Security or any other
document or security required in terms of the RFP document after being declared the Selected Bidder,
without valid grounds, shall, in addition to the recourse available in the RFP documents or the
Contract, EMD submitted will be forfeited.
7.27 Debarment from Bidding
If SHA-MP finds that a Proposer has breached the code of integrity prescribed above, it may debar the
Proposer for a period of three (3) years.
Where the entire Earnest Money Deposit or the entire Performance Security or any substitute thereof,
as the case may be, of a Proposer has been forfeited by SHA-MP in respect of the Tender Process or
procurement Contract, the Proposer may be debarred from participating in any tender process
undertaken by SHA-MP for a period of three (3) years.
SHA-MP shall not debar a Proposer under this section unless such Proposer has been given a
reasonable opportunity of being heard.
7.28 Monitoring Of Contract
If delay in delivery of service is observed, a performance notice would be given to the Selected
Bidder/Agency to speed up the delivery. Any change in the constitution of the Selected
Bidder/Agency (as the case may be) etc. shall be notified forth with by the such Selected
Bidder/Agency in writing to SHA-MP and such change shall not relieve Selected Bidder/Agency,
from any liability under the Contract.
7.29 Sub-Contracting
The Selected Bidder/Agency shall not assign or sub-contract the Contract or any part thereof to any
other agency without the prior written permission of SHA-MP.
7.30 Signing of Contract
The Selected Bidder shall execute the Contract within one month from the date of work order with
SHA-MP. In exceptional circumstances, on request of the Selected Bidder in writing for extension,
SHA-MP reserves the right to grant an extension for appropriate period after getting satisfied with the
reasons given. In addition to terms and conditions being mentioned hereunder, all terms and
conditions of the tender and corrigendum issued shall also be applicable for the Contract.
7.31 Execution of agreement
During the term of Contract, the Agency will work closely with SHA-MP and will perform the
activities as per the scope of work. In case of poor performance, or unjustified & repeated delays in
sharing of relevant profiles of eligible candidates, SHA-MP shall terminate the Contract. In this case,
the Performance Security shall be forfeited.
7.32 Failure to agree with the “Terms and Conditions” of the Tender
Failure of the Selected Bidder(s) to agree with the terms & conditions of the Contract shall constitute
sufficient grounds for the annulment of the Proposal or the Award. In such circumstances, SHA-MP
would reject the Proposal and forfeit the Earnest Money Deposit as specified in this RFP document.
7.33 Contract Documents
Subject to the order of precedence set forth in the Contract, all documents forming the Contract (and
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all parts thereof) are intended to be correlative, complementary, and mutually explanatory.
The Proposal submitted after due date and time shall not be accepted.
7.34 Language
Bidder shall deliver all documents in English language only. For documents submitted in Hindi, the
Bidder shall submit an English translation for the same.
The Contract as well as all correspondence and documents relating to the Contract exchanged by the
Selected Bidder and the Procuring Authority, shall be written in English or Hindi language only.
7.35 Reporting
All correspondences by the Agency shall be addressed to the CEO of SHA-MP. However, on a
regular basis, the agency shall be in contact with the General manager Operations for all manpower
requirements of SHA-MP.
7.36 Recoveries from Agency
c) Recovery of penalties shall be made from quarterly invoice payment to be made to the
Agency.
d) SHA-MP shall withhold amount to the extent of shortcomings of the delivery of services
unless these are completed as per the SLA. In case of failure to withhold the amount, it shall
be recovered from dues of the Agency and Performance Security deposit available with SHA-
MP. The balance, if any, shall be demanded from the empaneled agency and when recovery is
not possible, SHA-MP shall take recourse to law in force.
7.37 Taxes & Duties
c) GST, if applicable, should not be included in the Proposal price and shall be paid by SHA-MP
separately on prevailing rates. All other taxes, duties, license fee and levies shall be including
in the proposal price.
d) TDS, if applicable for any tax, shall be done as per law in force at the time of execution of the
Contract.
7.38 Copyright
The copyright in all materials containing data and information furnished to the Agency herein
shall remain vested in SHA-MP, or, if they are furnished to SHA-MP directly or through the
Agency by any third party, including suppliers of materials, the copyright in such materials
shall remain vested in such third party.
7.39 FORCE MAJEURE
e) Neither party will be liable in respect of failure to fulfill its obligations, if the said failure is
entirely due to Acts of God, Governmental restrictions or instructions, natural calamities or
catastrophe, epidemics or disturbances in the country.
f) Force Majeure shall not include (i) any event which is caused by the negligence or
intentional action of a Party or by or of such Party’s agents or employees, nor (ii) any event
which a diligent Party could reasonably have been expected both to take into account at the
time of being assigned the work, and avoid or overcome with utmost persistent effort in the
carrying out of its obligations hereunder.
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g) A Party affected by an event of Force Majeure shall immediately notify the other Party
within 7 working days of such event, providing sufficient and satisfactory evidence of the
nature and cause of such event, and shall similarly give written notice of the restoration of
normal conditions as soon as possible.
h) The failure of a party to fulfill any of its obligations under the work order/ Contract shall not
be considered to be a breach of, or default under the work order/ Contract insofar as such
inability arises from an event of Force Majeure, provided that the Party affected by such an
event: - has taken all precautions, due care and reasonable alternative measures in order to
carry out the terms and conditions of the work order/ Contract, and has informed the other
party within 7 days from the occurrence of such an event, including the dates of
commencement and estimated cessation of such event of Force Majeure; and the manner in
which the Force Majeure event(s) affects the Party’s obligation(s) under the work order/
Contract.
7.40 TERMINATION
e) Termination for Default
iv. SHA-MP may, without prejudice to any other remedy for breach of contract, by written 30
days’ notice of default send to the Agency, terminate the Contract in whole or part if the
Agency fails to deliver any or all of the systems within the period(s) specified in the
Contract, or within any extension thereof granted by the Purchaser pursuant to conditions
of the terms and conditions set out in the Contract or if the Agency fails to perform any
other obligation(s) under the Contract.
v. In event of termination resulting under the aforesaid clause, SHA-MP shall be liable to
make no payments in favor of the agency; however, SHA-MP will be entitled to forfeit the
Performance Security in addition to taking any other recourse available under the law,
including blacklisting the Agency.
vi. In the event that SHA-MP terminates the Contract in whole or in part, pursuant to the
terms and conditions set out in the Contract, it may procure, upon such terms and in such
manner, as it deems appropriate, systems or services similar to those undelivered and the
Agency shall be liable to pay SHA-MP for all costs and expenses relating to procurement
of such similar systems or services. However, Agency shall continue the performance of
the Contract to the extent not terminated.
f) Termination for Insolvency
SHA-MP may at any time terminate the Contract by giving a written notice of at least 30
days to the Selected Bidder/Agency, if the Selected Bidder/Agency becomes bankrupt or
otherwise insolvent. In such event, termination will be without compensation to the
Selected Bidder/Agency, provided that such termination will not prejudice or affect any
right of action or remedy that has accrued or will accrue thereafter to SHA-MP.
g) Termination for Other Reasons
SHA-MP, by 30 days’ written notice sent to the Agency, may terminate the Contract, in
whole or in part at any time. The notice of termination shall specify that termination is for
SHA-MP’s convenience, the extent to which performance of the Agency under the
Contract is terminated and the date upon which such termination becomes effective.
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However, any undisputed payment to the invoices of the task accomplished by Agency
would be paid by SHA-MP.
h) Termination for Force Majeure
In event that a Force Majeure event continues for 90 (ninety) days and/or SHA-MP or the
Agency does not see any feasibility of continuing the project due to a Force Majeure event,
then SHA-MP may, on expiry of 90 (ninety) days or at any period before that in event of
no foreseeability of project, issue a termination notice to the Agency, terminating the
Contract with immediate effect. The Agency shall be awarded 30 (thirty) days to complete
any pending activities and clear the premises provided by SHA-MP. Payments for works
done prior to the commencement of the Force Majeure period shall be duly paid to the
Agency by SHA-MP.
7.41 Indemnity
f) The Agency shall at all times indemnify and keep indemnified SHA, MP against all claims,
actions, proceedings, lawsuits, demands, losses, liabilities, damages, fines or expenses
(including interest, penalties, attorneys’ fees and other costs of defense or investigation (i)
related to or arising out of, whether directly or indirectly, (a) a breach by the resources
appointed by or through the Agency of any obligations specified in relevant clauses hereof;
(b) negligence, reckless or otherwise wrongful act or omission of the resources appointed by
or through the Agency including professional negligence or misconduct of any nature
whatsoever in relation to services rendered by them;
g) The Agency shall at all times indemnify and keep indemnified SHA, MP against all
claims/damages etc. for any infringement of any Intellectual Property Rights (IPR) while
providing its services under the Project.
h) The Agency shall at all times indemnify and keep indemnified SHA, MP against any claims
in respect of any damages or compensation payable in consequences of any accident or
injury sustained or suffered by its (Agency’s) employees or agents or by any other third party
resulting from or by any action, omission or operation conducted by or on behalf of the
Agency or its employees.
i) The Agency shall at all times indemnify and keep indemnified SHA, MP against any and all
claims by employees, workman, contractors, sub-contractors, suppliers, agent(s), employed
engaged or otherwise working for the Agency, in respect of wages, salaries, remuneration,
compensation or the like.
j) All claims regarding indemnity shall survive the termination or expiry of the Contract.
7.42 Miscellaneous
k) The Selection Process shall be governed by, and construed in accordance with, the laws
of India and the Courts at Bhopal shall have exclusive jurisdiction over all disputes
arising under, pursuant to and/or in connection with the Selection Process.
l) The SHA-MP, in its sole discretion and without incurring any obligation or liability,
reserves the right, at any time, to:
i. suspend and/or cancel the Selection Process and/or amend and/or supplement
the Selection Process or modify the dates or other terms and conditions relating
thereto;
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ii. consult with any Bidder in order to receive clarification or further information;
iii. retain any information and/or evidence submitted to the SHA-MP by, on behalf
of and/or in relation to any Bidder; and/or
iv. independently verify, disqualify, reject and/or accept any and all submissions or
other information and/or evidence submitted by or on behalf of any Bidder.
m) It shall be deemed that by submitting the Proposal, the Bidder agrees and releases the
SHA-MP, its employees, agents and advisers, irrevocably, unconditionally, fully and
finally from any and all liability for claims, losses, damages, costs, expenses or
liabilities in any way related to or arising from the exercise of any rights and/or
performance of any obligations hereunder, pursuant hereto and/or in connection
herewith and waives any and all rights and/ or claims it may have in this respect,
whether actual or contingent, whether present or future.
n) All documents and other information provided by SHA-MP or submitted by a Bidder to
SHA-MP shall remain or become the property of SHA-MP. Bidders or the Agency, as
the case may be, are to treat all information as strictly confidential. SHA-MP will not
return any Proposal or any information related thereto. All information collected,
analyzed, processed or in whatever manner provided by The Bidder to SHA-MP in
relation to the assignment shall be the property of SHA-MP.
o) The SHA-MP reserves the right to make inquiries with any of the clients listed by the
Bidders in their previous experience record.
p) The Agency shall bear all the expenses regarding delivery of services.
q) The Agency shall not, under any circumstances, revise the rates already approved for
services. Any request for an increase in the rates will not be entertained under any
circumstances during the contract period.
r) The Agency shall execute the whole work in strict accordance with guidelines of SHA-
MP.
s) SHA-MP shall reserve the right to make any alterations in or additions to the original
scope of work on mutually agreed terms. Any additional work which the Agency may
be directed to do in the manner specified above as part of the work shall be carried out
by the Agency on the same conditions in all respects on which it had agreed to do the
original work and at the same rates as specified by SHA-MP.
t) Any publicity by the Agency in which the name of SHA-MP is to be used should be
done only with the explicit written permission of SHA-MP.
IN WITNESS WHEREOF, the Parties have caused this Implementation Support Contract to be
executed by their duly authorized representatives as of the date stated above.
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Represented by Represented by
……………………… ………………………
………………………. ……………………….
In the presence of: (Name / Signature / ID) In the presence of:
(authorized signatory)
(1) …………………………………………..
(1) …………………………………………..
(2) ………………………………………….
(2) ………………………………………….
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