MINISTRY OF PORTS, SHIPPING &

WATERWAYS
Request for Proposal (RFP)

FOR
Appointment of Consultant for setting up a
dedicated Development & Transformation Unit
for Inland Waterway Transport within Ministry
of Ports, Shipping and Waterways

January 2024
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Disclaimer

The information contained in this Request for Proposal document (“RFP”) or

subsequently provided to Applicants, whether verbally or in documentary or any
other form by the Ministry of Ports, Shipping & Waterways (MoPSW) or any of its
employees or advisers, is provided to Applicants on the terms and conditions set
out in this RFP and such other terms and conditions subject to which such
information is provided.

This RFP is not an agreement or an offer by the MoPSW to the prospective

Applicants or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in the formulation of their
Proposals pursuant to this RFP. This RFP includes statements, which reflect various
assumptions and assessments arrived at by MoPSW in relation to the Consultancy
services. Such assumptions, assessments and statements do not purport to
contain all the information that each Applicant may require. This RFP may not be
appropriate for all persons, and it is not possible for MoPSW, its employees or
advisers to consider the objectives, technical expertise and particular needs of each
party who reads or uses this RFP. The assumptions, assessments, statements and
information contained in this RFP, may not be complete, accurate, adequate or
correct.

Each Applicant should, therefore, conduct its own investigations and analysis and
should check the accuracy, adequacy, correctness, reliability and completeness of
the assumptions, assessments and information contained in this RFP and obtain
independent advice from appropriate sources.

Information provided in this RFP to the Applicants may be on a wide range of

matters, some of which may depend upon interpretation of law. The information
given is not intended to be an exhaustive account of statutory requirements and
should not be regarded as a complete or authoritative statement of law. MoPSW
accepts no responsibility for the accuracy or otherwise for any interpretation or
opinion on the law expressed herein.

MoPSW, its employees and advisers make no representation or warranty and shall
have no liability to any person including any Applicant under any law, statute,
rules or regulations or tort, principles of restitution or unjust enrichment or
otherwise for any loss, damages, cost or expense which may arise from or be
incurred or suffered on account of anything contained in this RFP or otherwise,
including the accuracy, adequacy, correctness, reliability or completeness of the
RFP and any assessment, assumption, statement or information contained therein
or deemed to form part of this RFP or arising in any way in this Selection Process.

MoPSW also accepts no liability of any nature whether resulting from negligence
or otherwise however caused arising from reliance of any Applicant upon the
statements contained in this RFP.

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MoPSW may in its absolute discretion, but without being under any obligation to
do so, update, amend or supplement the information, assessment or assumption
contained in this RFP.

The issue of this RFP does not imply that MoPSW is bound to select an Applicant or
to appoint the Selected Applicant, as the case may be, for the Consultancy and
MoPSW reserves the right to reject all or any of the Proposals without assigning
any reasons whatsoever.

The Applicant shall bear all its costs associated with or relating to the preparation
and submission of its Proposal including but not limited to preparation, copying,
postage, delivery fees, expenses associated with any demonstrations or
presentations which may be required by MoPSW or any other costs incurred in
connection with or relating to its Proposal. All such costs and expenses will remain
with the Applicant and MoPSW shall not be liable in any manner whatsoever for
the same or for any other costs or other expenses incurred by an Applicant in
preparation or submission of the Proposal, regardless of the conduct or outcome
of the Selection Process.

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 CONTENTS

1 Introduction 7
1.1 Background 7
1.2 Request for Proposal 7
1.3 Due diligence by Applicants 7
1.4 Bid processing fee 7
1.5 Validity of proposal 7
1.6 Brief description of the selection process 7
1.7 Payment to Consultant 8
1.8 Schedule of selection process 8
1.9 Communications and details of payment 8

2 Instruction to Applicants 10
2.1 Scope of proposal 10
2.2 Conditions of eligibility of Applicants 10
2.3 Conflict of Interest 10
2.4 Number of Proposals 13
2.5 Cost of proposals 13
2.6 Acknowledgement by Applicants 13
2.7 Right to reject proposals 13
2.8 Contents of RFP 14
2.9 Clarifications 15
2.10 Amendment of RFP 15
2.11 Language 15
2.12 Format and signing of proposals 15
2.13 Technical proposals 17
2.14 Financial proposals 18
2.15 Submission of proposals 19
2.16 Proposal due date 19
2.17 Late proposals 19
2.18 Modification/substitution/withdrawal of proposals 19
2.19 Bid and performance security 19
2.20 Submission and Evaluation of proposals 20
2.21 Confidentiality 21
2.22 Clarifications 21
2.23 Negotiations 22
2.24 Substitution of key personnel 22
2.25 Indemnity 22
2.26 Award of consultancy 22
2.27 Execution of agreement 22
2.28 Commencement of assignment 23
2.29 Propriety data 23
2.30 Terms & conditions- post award contract 23

3 Scope of Work and Criteria for Evaluation 28

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3.1 Scope of Work 28
3.2 Team Composition 28
3.3 Eligibility Criteria 29
3.4 Evaluation Criteria 29

4 Fraud and Corrupt Practices 35

5 Pre bid Meeting 37

6 Miscellaneous 38

Appendix 1 – Technical Proposal 40

Form 1 40
Form 2 43
Form 3 44
Form 4 45
Form 5 47
Form 6 48
Form 7 49
Form 8 50
Form 9 51
Form 10 52
Form 11 53

Appendix 2 – Financial Proposal 54

Form 1 54

Appendix 3 – Bank Guarantee 56

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 1. Introduction

1.1. Background

While IWAI is the nodal Authority for undertaking specific projects for the development,
operationalization, and management of different NWs in India (both priority NWs and
others), MoPSW as the administrative Ministry, has an overarching role in creating an
enabling environment for developing the IWT ecosystem in the country across stakeholders,
both on supply side and demand side i.e., in devising most suitable sector charter for IWT in
taking it from nascency to a reliable and complementary mode of transportation in the
multimodal logistics network of India.

This role shall extend beyond facilitation of infrastructure components such as terminals,
vessels and fairways, and services components such as cargo handling services, freight
services and information-related services, to other components spanning multiple waterways
including policy, regulation, technology, multimodal integration, regional cooperation, market
development, and capacity building.

Such overarching role of MoPSW is (especially) critical for the following:

1. Developing a Vision and Strategy for the sector which is comprehensive, practical
with requisite stakeholder alignment. The strategy should have time bound milestones with
phased approach to growth and identifying various initiatives to support the execution of the
strategy

2. Making/Modifying IWT-related legislations in the country by introducing relevant

Bills in the Parliament. For instance, these may be related to introduction of a standardized
regulatory framework such as for vessel classification or tariff formation or related to
designation of any new inland waterway system as a National Waterway.

3. Making policy level interventions for boosting IWT sector including temporarily
attributing special status to the sector, earmarking specific grants/subsidies, and offering
output-based incentives to IWT providers and cargo users (such as cargo volume diverted to
IWT mode). This could also include policy interventions on skilling, training and upgradation
of IWT specific personnel.

4. Modifying/Augmenting the mandate of IWAI as defined by the Inland Waterways

Authority of India Act, 1985. This may include adding responsibilities such as procurement of
vessels and dredgers or empowering IWAI to regulate/set tariffs for different ecosystem
components (such as terminals).

5. Creating a one-infrastructure view across modes of transport to enable optimal

investment by the Government exchequer in developing a multimodal system of transport
and logistics. For instance, if additional transport capacity needs to be added either through
rail or IWT, constructing both assets may create competing facilities and burden financial
resources; in such a case, MoPSW may enable dialogue with other ministries for taking a
comprehensive view of infrastructure development across modal options, such that financial
and effort resources are not blocked in creating any excess/competing facility.

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6. Promoting private sector partnership in sector building by creating an enabling
clear and effective dialogue among governmental authorities/agencies and suitable private
sector entities for converging the formal mandate, economic development objectives and
financial profitability concerns of different parties. These may include conceptualization of
agreeable risk sharing patterns among parties and evaluation of need of Viability Gap
Funding and its appropriate structuring and disbursement.

7. Channelizing international examples for suitable adoption in India by

identifying best practices and trends emerging in the IWT sector for other countries and
global market leaders. These further need to be studied under the lens of relevance and
effectiveness in the Indian context, for devising initiatives across policy, regulatory,
commercial, and technological aspects.

Additionally, it is essential for MoPSW to play a guiding role for IWAI in the following areas,
to ensure the efficacious fulfillment of IWT promotion initiatives undertaken in the country
(which may or may not be under the purview of MIV 2030, NLP 2022 and the Sagarmala
program).

1. Driving reduction in total logistics cost by integration of water-based transportation

options for meeting NLP objectives (of reducing total logistics cost in India)
2. Promoting collaboration among and driving engagement with various stakeholders in
the IWT ecosystem including IWAI, port authorities, industries, state governments,
ministries, and inter-ministerial departments
3. Channelizing adequate Central Government grants towards IWT
4. Promoting integration of IWT with other modes of transportation (especially coastal
transportation to create an ecosystem of water-based transport)

To facilitate innovative ideation, accurate documentation, effective monitoring/supervision,

and decision making on new policy and/or project level initiatives to be introduced, it is
necessary to set up a dedicated Development & Transformation Unit within MoPSW.

1.2 Request for Proposal

MoPSW invites proposals from shortlisted professional service providers (the
“Proposals”) for Consultant for setting up a dedicated Program Management Cell
for Inland Waterway Transport within Ministry of Ports, Shipping and Waterways.
MoPSWintends to select the Consultant through Combined Quality and Cost Basis
System in accordance with the ‘eligibility criteria’ and ‘procedure’set out herein.

1.3 Due diligence by Applicants

Applicants are encouraged to acquaint themselves fully about the assignment
before submitting the Proposal

1.4 Bid processing fee

Bid document will be issued by MoPSW. Applicants shall have to furnish a non-
refundable fee amounting to Rs. 10000/- (Rupees Ten Thousand only)
pledged in favour of Ministry of Ports, Shipping & Waterways in the form of
demand draft payable at New Delhi or through NEFT as bid document fee.

1.5 Validity of the Proposal

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The Proposal shall be valid for a period of not less than 9 0 days from the
Proposal Due Date (the “PDD”).

1.6 Brief description of the Selection Process

MoPSW has adopted a single-stage two envelope process (collectively the
“Selection Process”) in evaluating the Proposals comprising technical and financial
bids to be submitted in two separate covers. In the first stage, a technical
evaluation will be carried out. Based on this technical evaluation, a list of short-
listed applicants shall be prepared. In the second stage, a financial evaluation will
be carried out. Proposals will finally be ranked according to their combined technical
and financial scores. The first ranked Applicant (the “Selected Applicant”) shall be
called for negotiation, if necessary, while the second ranked Applicant will be kept
in reserve.

1.7 Payment to Consultant

All payments to the Consultant shall be made in INR in accordance with the
provisions of this RFP.

1.8 Schedule of Selection Process

MoPSW would endeavour to adhere to the following schedule:
Particulars Details
1 RFP/ TenderAvailability AS per GeM
2 Last date for receiving queries AS per GeM
3 Response to queries AS per GeM
5 Proposal Due Date AS per GeM
6 Technical proposal Opening AS per GeM
7 Technical Presentation 15/03/2024
8 Interview of key personnel To be notified to the successful
bidder
9 Financial Bid Opening To be notified
Letter of Award To be intimated
11 Date of start of work To be intimated to Selected Bidder

12 Cost of Tender in the form of INR 10000/-

Demand Draft,
13 Earnest Money Deposit (EMD) in the INR 5,00,000/-
form of DD/FDR / BG
14 Performance Bank Guarantee 3% of the total professional fee.
15 Method of Selection CQCBS 80:20
17 Contact Details
To be nominated

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 1.9 Communications and Details of Payments
Details for making payment of bid document and EMD through DD in favour of
PA(Sect SRTH) follows:
All communications including the submission of Proposal should be addressed to:

Under Secretary(IWT)
Ministry of Ports, Shipping & Waterways
Transport Bhawan, 1, Parliament Street,
New Delhi-110001
All communications should contain the following information at the top in bid
letters:

REQUEST FOR PROPOSAL (RFP) for engagement of Consultant for setting up

a dedicated Development & Transformation Unit for Inland Waterway
Transport within Ministry of Ports, Shipping and Waterways

2 Instructions to Applicants

2.1 Scope of Proposal

i. Detailed description of the objectives, scope of services, Deliverables and other
requirements relating to this consultancy services are specified in this RFP. In case an
applicant firm(s) possesses the requisite experience and capabilities required for
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 undertaking the Services, it may participate in the Selection. The manner in which the
Proposal is required to be submitted, evaluated, and accepted is explained in this RFP.

ii. Applicants are advised that the selection of consultant shall be on the basis of
evaluation by MoPSW through the Selection Process specified in this RFP. Applicants
shall be deemed to have understood and agreed that no explanation or justification for
any aspect of the Selection Process will be given and that MoPSW’s decisions are
without any right of appeal whatsoever.

iii. The Applicant shall submit its Proposal in the form and manner specified in
this Section of the RFP. The Technical proposal shall be submitted in the form at
Appendix-I and the Financial Proposal shall be submitted in the form at Appendix-II.

2.2 Conditions of Eligibility of Applicants

2.2.1 Applicants must read carefully the minimum conditions of eligibility (the
“Conditions of Eligibility”) provided in this document Proposals of only those
Applicants who satisfy the Conditions of Minimum Eligibility will be considered
for evaluation.

2.2.2 The Applicant should submit a Power of Attorney as per the format at Form - 4
of Appendix- I; provided, however, that such Power of Attorney would not be required
if the Application is signed by a Director (on the Board of Directors) of the Applicant.

2.2.3 The Applicants may format the specified forms making due provision for
incorporation of the requested information.

2.3 Conflict of Interest

2.3.1 An Applicant shall not have a conflict of interest that may affect the Selection
Process or consultancy Services (the “Conflict of Interest”). Any Applicant found
to have a Conflict of Interest shall be disqualified. In the event of
disqualification, MoPSWshall forfeit and appropriate the Performance Security,
as available, as mutually agreed genuine pre-estimated compensation and
damages payable to MoPSWfor, inter alia, the time, cost and effort of
MoPSWincluding consideration of such Applicant’s Proposal, without prejudice to
any other right or remedy that may be available to MoPSWhereunder or
otherwise.

2.3.2 MoPSW requires that the consultant provides professional, objective, and
impartial advice and at all times hold MoPSW’s interest paramount, avoid
conflicts with other assignments or its own interests, and act without any
consideration for future work. The consultant shall not accept or engage in any
assignment or task/activity that would be in conflict with its prior or current
obligations to other clients, or that may place it in a position of not being able
to carry out the assignment in the best interests of MoPSW and bring it to the
notice of the JS (MoPSW) at the earliest instance

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 2.3.3 An Applicant shall be deemed to have a Conflict of Interest affecting the
Selection Process, if:

a) the Applicant or Associates (or any constituent thereof) and any other Applicant
or Associate (or any constituent thereof) have common controlling shareholders or
other ownership interest; provided that this disqualification shall not apply in cases
where the direct or indirect shareholding or ownership interest of an Applicant or
Associate (or any shareholder thereof having a shareholding of more than 5 per cent
of the paid up and subscribed share capital of such Applicant or Associate, as the case
may be) in the other Applicant or Associate is less than 5% (five per cent) of the
subscribed and paid up equity share capital thereof. For the purposes of this Clause (a),
indirect shareholding held through one or more intermediate persons shall be
computed as follows:

(aa) where any intermediary is controlled by a person through management control

or otherwise, the entire shareholding held by such controlled intermediary in any other
person (the “Subject Person”) shall be taken into account for computing the
shareholding of such controlling person in the Subject Person; and (bb) subject
always to Sub-clause (aa) above, where a person does not exercise control over an
intermediary, which has shareholding in the Subject Person, the computation of
indirect shareholding of such person in the Subject Person shall be undertaken on a
proportionate basis; provided, however, that no such shareholding shall be reckoned
under this Sub-clause (bb) if the shareholding of such person in the intermediary is
less than 26% (twenty six per cent) of the subscribed and paid up equity shareholding
of such intermediary; or

b) a constituent of such Applicant is also a constituent of another Applicant;

c) such Applicant or its Associate receives or has received any direct or indirect
subsidy or grant from any other Applicant or its Associate; or

d) such Applicant has the same legal representative for purposes of this Application as
any other Applicant; or

e) such Applicant has a relationship with another Applicant, directly or through

common third parties, that puts them in a position to have access to each others
information about, or to influence the Application of either or each of the other
Applicant; or

f) there is a conflict among this and other consulting or Consultancy assignments of

the Applicant (including its personnel and other members, if any) and any subsidiaries
or entities controlled by such Applicant or having common controlling shareholders.
The duties of the will depend on the circumstances of each case. While providing
consultancy Services to MoPSWfor this particular assignment, the Consultant shall not
take up any assignment that by its nature will result in conflict with the present
assignment; or

g) a firm which has been engaged by MoPSWto provide goods or works or services
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for a project, and its Associates, will be disqualified from providing consulting services
for the same project save and except as provided in Clause 2.3.4; conversely, a firm
hired to provide consulting services for the preparation or implementation of a project,
and its or Associates, will be disqualified from subsequently providing goods or works or
services related to the same project; or

h) the Applicant or Associate (or any constituent thereof), and the Applicant or
concessionaire if any, for the Project, its contractor(s)or sub-contractor(s) (or any
constituent thereof) have common controlling shareholders or other ownership
interest; provided that this disqualification shall not apply in cases where the direct or
indirect shareholding or ownership interest of an Applicant or Associate (or any
shareholder thereof having a shareholding of more than 5% (five per cent) of the paid
up and subscribed share capital of such Applicant or Associate, as the case may be,) in
the Applicant or concessionaire, if any, or its contractor(s) or sub-contractor(s) is less
than 5% (five per cent) of the paid up and subscribed share capital of such
concessionaire or its contractor(s) or sub- contractor(s); provided further that this
disqualification shall not apply to ownership by a bank, insurance company, pension
fund or a Public Financial Institution referred to in section 2 (72) of the Companies Act
2013. For the purposes of this Sub-clause (h), indirect shareholding shall be computed
in accordance with the provisions ofSub-clause (a) above.

For purposes of this RFP, Associate means, in relation to the Applicant, a person who
controls, is controlled by, or is under the common control with such Applicant, or is
deemed or published as an “Associate Office”; or has a formal arrangement such as tie
up for client referral or technology sharing, with the Applicant (the “Associate”); As
used in this definition, the expression “control” means, with respect to a person which
is a company or corporation, the ownership, directly or indirectly, of more than 50%
(fifty per cent) of the voting shares of such person, and with respect to a person which
is not a company or corporation, the power to direct the management and policies of
such person by operation of law or by contract.

2.3.4 An Applicant eventually appointed to provide Consultancy Services for this

Project, its Associates, affiliates and the Consultants, shall be disqualified from
subsequently providing goods or works or services related to the construction and
operation of the same Project and any breach of this obligation shall be construed as
Conflict of Interest; provided that the restriction herein shall not apply after a period
of 3 (three) years from the completion of this assignment or to any consulting
assignments granted by banks/ lenders at any time; provided further that this
restriction shall not apply to consultancy/ advisory services performed for MoPSWin
continuation of this Consultancy Services or to any subsequent consultancy/ advisory
services performed for MoPSWin accordance with the rules of MoPSW. For the
avoidance of doubt, an entity affiliated with the Consultant shall include a partner in
the firm or a person who holds more than 5% (five per cent) of the subscribed and
paid up share capital of the firm (to which Consultant belongs), as the case may be,
and any Associate thereof. Forthe avoidance of doubt, in the event that:

a) any member of an Applicant was a partner or an employee of another firm,

which attracts the provisions relating to Conflict of Interest hereunder; and

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 b) was directly or indirectly associated with any assignment that causes a Conflict
of Interest hereunder, then such Consultant shall be deemed to suffer from Conflict of
Interest for the purpose hereof.

2.3.5 In the event that the Consultant, its Associates or affiliates are auditors or
financial advisers to any of the Applicants for the Project, they shall make a disclosure
to MoPSWas soon as any potential conflict comes to their notice but in no case later
than 7 (seven) days from the opening of the RFP applications for the Project and any
breach of this obligation of disclosure shall be construed as Conflict of Interest. IMoPSW
shall, upon being notified by the Consultant under this Clause, decide whether it wishes
to terminate this assignment or otherwise, and convey its decision to the firm within a
period not exceeding 15 (fifteen) days.

2.4 Number of Proposals

No Applicant shall submit more than one Application for the Consultancy Services.

2.5 Cost of Proposal

The Applicants shall be responsible for all of the costs associated with the preparation
of their Proposals and their participation in the Selection Process including subsequent
negotiation, visits to MoPSW, Ministry, Project site or any other location for the
purpose of this project. MoPSW will not be responsible or in any way liable for such
costs, regardless of the conduct or outcome of the Selection Process.

2.6 Acknowledgement by Applicant

2.6.1 It shall be deemed that by submitting the Proposal, the Applicant has:

a) made a complete and careful examination of the RFP;

b) received all relevant information requested from MoPSW;
c) accepted the risk of inadequacy, error or mistake in the information
provided in the RFP or furnished by or on behalf of MoPSW or relating to
any of the matters referred to in Clause 2.2 above;
d) satisfied itself about all matters, things and information, including
matters referred to in Clause 2.2 herein above, necessary and required for
submitting an informed Application and performance of all of its obligations
thereunder;
e) acknowledged that it does not have a Conflict of Interest; and
f) agreed to be bound by the undertaking provided by it under and in
terms hereof.

2.6.2 MoPSW shall not be liable for any omission, mistake or error 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 MoPSW.

2.7 Right to reject any or all Proposals

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 2.7.1 Notwithstanding anything contained in this RFP, MoPSW 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.

2.7.2 Without prejudice to the generality of Clause 2.8.1, the MoPSW reserves
the right to reject any Proposal if:
a) at any time, a material misrepresentation is made or discovered, or
b) the Applicant does not provide, within the time specified by MoPSW,
the supplemental information sought by MoPSW for evaluation of the
Proposal.

Misrepresentation/ improper response by the Applicant may lead to the

disqualification of the Applicant. If such disqualification / rejection occurs after the
Proposals have been opened and the highest-ranking Applicant gets disqualified /
rejected, then MoPSW reserves the right to consider the next best Applicant, or take
any other measure as may be deemed fit in the sole discretion of the MoPSW,
including annulment of the Selection Process.

B. DOCUMENTS

2.8 Contents of the RFP

2.8.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as
listed below and will additionally include any Addendum / Amendment issued in
accordance with Clause 2.11:

Request for Proposal

1) Introduction
2) Instructions to Applicants
3) Criteria for Evaluation
4) Fraud and corrupt practices
5) Pre-Bid Meeting
6) Miscellaneous

Appendix – I: Technical Proposal

Form 1 : Letter of Proposal
Form 2 : Particulars of the Applicant
Form 3 : Statement of Legal Capacity
Form 4 : Power of Attorney
Form 5 : Particulars of Key Personnel
Form 6 : Abstract of Eligible Assignments of the Applicant
Form 7 : Abstract of Eligible Assignments of Key Personnel
Form 8 : Eligible Assignments of Applicant
Form 9 : Eligible Assignments of Key Personnel
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Form 10 : CVs of Professional Personnel
Form 11 : Pre-bid Queries Form

Appendix – II: Financial Proposal

Form 1 : Covering Letter
Form 2 : Financial Proposal

Appendix – III :
Bank Guarantee (Performance Security)
2.9 Clarifications
2.9.1 Applicants requiring any clarification on the RFP may email their queries to
MoPSWbefore the date mentioned in the Schedule of Selection Process at Clause
1.8. MoPSWwill reply to all such queries at its own discretion.

2.9.2 MoPSWreserves the right not to respond to any queries or provide any
clarifications, in its sole discretion, and nothing in this Clause 2.10 shall be construed
as obliging MoPSWto respond to any questionor to provide any clarification.

2.10 Amendment of RFP

2.10.1 At any time prior to the deadline for submission of Proposal, MoPSWmay, for
any reason, whether at its own initiative or in response to clarifications requested by
an Applicant, modify the RFP document by the issuance of Addendum/ Amendment
and posting it on the Website/portal.

2.10.2 All such amendments will be notified in writing through e-mail to all
Applicants who have purchased the RFP document. The amendments will also be
posted on the Website along with the revised RFP containing the amendments and
will be binding on all Applicants.

2.10.3 In order to afford the Applicants a reasonable time for taking an amendment
into account, or for any other reason, MoPSW may, in its sole discretion, extend the
PDD.

C. PREPARATION AND SUBMISSION OF PROPOSAL

2.11 Language

The Proposal with all accompanying documents (the “Documents”) and all
communications in relation to or concerning the Selection Process shall be in English
language and strictly on the forms provided in this RFP. No supporting document or
printed literature shall be submitted with the Proposal unless specifically asked for
and in case any of these Documents is in another language, it must be accompanied
by an accurate translation of all the relevant passages in English, in which case, for
all purposes of interpretation of the Proposal, the translation in English shall prevail.

2.12 Format and signing of Proposal

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2.12.1 The Applicant shall provide all the information sought under this RFP.
MoPSW would evaluate only those Proposals that are received in the specified forms
and complete in all respects.

2.12.2 The Proposal shall be typed or written in indelible ink and signed by the
authorised signatory of the Applicant who shall initial each page. All the alterations,
omissions, additions, or any other amendments made to the Proposal shall be
initialled by the person(s) signing the Proposal. The Proposals must be properly
signed by the authorised representative (the “Authorised Representative”) as detailed
below:

a) by a partner, in case of a partnership firm and/ or a limited liabilitypartnership; or

b) by a duly authorised person holding the Power of Attorney, in case of a Company
or a corporation; or

A copy of the Power of Attorney certified by a notary public in the form

specified in Appendix-I (Form-4) shall accompany theProposal.

2.12.3 Applicants should note the PDD, as specified in Clause 1.8, for submission of
Proposals. Except as specifically provided in this RFP, no supplementary material will
be entertained by MoPSW, and that evaluation will be carried out only on the basis of
Documents received by the closing time of PDD as specified in Clause 1.8. Applicants
will ordinarily not be asked to provide additional material information or documents
subsequent to the date of submission, and unsolicited material if submitted will be
summarily rejected.

2.13 Technical Proposal

2.13.1 Applicants shall submit the technical proposal in the formats at Appendix-I
(the “Technical Proposal”).

2.13.2 While submitting the Technical Proposal, the Applicant shall, in particular,
ensure that:

a) all forms are submitted in the prescribed formats and signed by the
prescribed signatories;

b) power of attorney, if applicable, is executed as per Applicable Laws;

c) CVs of all Key Personnel have been included;

d) Key Personnel have been proposed only if they meet the Conditions of
Eligibility.

e) Only one CV for each position has been furnished;

f) the CVs have been recently signed and dated by the respective key personnel

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 g) the CVs shall contain an undertaking from the respective Key Personnel
about his/her availability for the duration specified in the RFP;

h) Key Personnel proposed have good working knowledge of English language

i) Key Personnel would be available for the entire period of the assignment

j) no Key Personnel should have attained the age of 7 0 years at the time of
submitting the proposal; and the proposal is responsive in terms of Clause
2.21.3.

k) The RFP document duly signed on all pages is submitted.

2.13.3 Failure to comply with the requirements spelt out in this Clause 2.14 shall
make the Proposal liable to be rejected.

2.13.4 If an individual Key Personnel makes a false averment regarding his

qualification, experience or other particulars, he shall be liable to be debarred for any
future assignment of MoPSW for a period of 3 (three) years. The award of this
consultancy Services to the Applicant may also be liable to cancellation in such an
event.

2.13.5 The Technical Proposal shall not include any financial information relating to
the Financial Proposal.

2.13.6 The proposed team shall include experts and specialists (the “Key Personnel”)
in their respective areas of expertise.

2.13.7 MoPSW reserves the right to verify all statements, information and documents,
submitted by the Applicant in response to the RFP. Any such verification or the lack
of such verification by MoPSW to undertake such verification shall not relieve the
Applicant of its obligations or liabilities hereunder nor will it affect any rights of
MoPSW there under.

2.13.8 In case it is found during the evaluation or at any time before signing of the
Agreement or after its execution and during the period of subsistence thereof, that
one or more of the eligibility conditions have not been met by the Applicant or the
Applicant has made material misrepresentation or has given any materially incorrect
or false information, the Applicant shall be disqualified forthwith if not yet appointed
either by issue of the LOA or entering into of the Agreement, and if the Selected
Applicant has already been issued the LOA or has entered into the Agreement, as the
case may be, the same shall, notwithstanding anything to the contrary contained
therein or in this RFP, be liable to be terminated, by a communication in writing by
MoPSW without the MoPSW being liable in any manner whatsoever to the Selected
Applicant .

In such an event, MoPSW shall forfeit and appropriate the Performance Security, as
available, as mutually agreed pre-estimated compensation and damages payable to the
18
MoPSWfor, inter alia, time, cost and effort of MoPSW, without prejudice to any other
right or remedy that may be available to MoPSW.

2.14 Financial Proposal

2.14.1 Applicants shall submit the financial proposal in the formats at Appendix-II
(the “Financial Proposal”) clearly indicating its quote for the assignment (Item F of
Form- 2 of Appendix II) in both figures and words, in Indian Rupees, and signed by
the Applicant’s Authorised Representative. In the event of any difference between
figures and words, the amount indicated in words shall prevail. In the event of a
difference between the arithmetic total and the total shown in the Financial Proposal,
the lower of the two shall prevail.

2.14.2 While submitting the Financial Proposal, the Applicant shall ensure the
following:

a) All the costs associated with the assignment shall be included in the Financial
Proposal. These shall normally cover remuneration for all the Personnel (in the field,
office etc.), accommodation, air fare, equipment, printing of documents, 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.

b) The Financial Proposal shall take into account all expenses and tax liabilities
excluding GST. For the avoidance of doubt, it is clarified that all taxes shall be
deemed to be included in the costs shown under different items of the Financial
Proposal. Further, all payments shall be subject to deduction of taxes at source as per
Applicable Laws. GST will be paid only after submission Tax Invoice and proof of filing
returns (GSTR-1 & GSTR-3B) and appearing of same in GSTR-2A.

c) Costs (including break down of costs) shall be expressed in INR.

2.15 Submission of Proposal

2.15.1 The Applicants shall submit hard copy of the Proposal online with all pages
numbered serially and by giving an index of submissions.

2.15.2 The file named “Technical Proposal” shall contain the Application in the
prescribed format (Form 1 of Appendix-I) along with Forms 2 to 11 of Appendix-I
and supporting documents.

2.15.3 The “Financial Proposal” file shall contain the financial proposal in the
prescribed format (Forms 1, 2 & 3 of Appendix-II).

2.15.4 The Technical Proposal and Financial Proposal shall be typed and signed by the
Authorised Representative of the Applicant. All pages of the original Technical
Proposal and Financial Proposal must be numbered and initialled by the person or
19
persons signing the Proposal.

2.15.5 The completed Proposal must be submitted on or before the specified time
on PDD. Proposals submitted by fax, or e-mail shall not be entertained.

2.15.6 The Proposal shall be made in the Forms specified in this RFP. Any
attachment to such Forms must be provided on separate sheets of paper and only
information that is directly relevant should be provided. This may include photocopies
of the relevant pages of printed documents. No separate documents like printed
annual statements, firm profiles, copy of contracts etc. will be entertained.

2.15.7 The rates quoted shall be firm throughout the period of performance of the
assignment up to and including discharge of all obligations of the Consultant under
the Agreement.

2.16 Proposal Due Date

2.16.1 Proposal should be submitted by PDD specified at Clause 1.8 at the address
provided in Clause 1.9 in the manner and form as detailed in this RFP.

2.16.2 MoPSW may, in its sole discretion, extend the PDD by issuing an Addendum in
accordance with Clause 2.11 uniformly for all Applicants.

2.17 Late Proposals

Proposals received by MoPSWafter the specified time on PDD shall not be eligible for
consideration and shall be summarily rejected.

2.18 Modification/ substitution/ withdrawal of Proposals

2.18.1 The Applicant may modify, substitute, or withdraw its Proposal after
submission, provided that written notice of the modification, substitution, or
withdrawal is received by the MoPSWprior to PDD. No Proposal shall be modified,
substituted, or withdrawn by the Applicant on or after the PDD.

2.18.2 The modification, substitution, or withdrawal notice shall be prepared and

submitted in accordance with Clause 2.16, with the files being additionally named
“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.

2.18.3 Any alteration/ modification in the Proposal or additional information or

material supplied subsequent to the PDD, unless the same has been expressly
sought for by MoPSW, shall be disregarded.

2.19 Bid and Performance Security

The Applicant, shall submit EMD in the form of DD/FDR/ Bank
Guarantee/NEFT of INR 5,00,000 (Five Lakhs), pledged in favour of
Ministry of Ports, Shipping & Waterways, New Delhi. The Applicant, by

20
submitting its Application pursuant to this RFP, shall be deemed to have
acknowledged that without prejudice to MoPSW’s any other right or remedy
hereunder or in law or otherwise, the Bid Security, as available, shall be forfeited and
appropriated by MoPSWin lieu of compensation and damage payable to MoPSWfor,
inter alia, the time, cost and effort of MoPSWin regard to the RFP including the
consideration and evaluation of the Proposal under the following conditions:
a) If an Applicant engages in any of the Prohibited Practices specified in
Section 4 of this RFP;

b) if the Applicant is found to have a Conflict of Interest as specified in Clause 2.3;

and

The Selected bidder shall submit performance security, which shall be as specified in
clause 1.8 of the agreement value and shall be in form of irrevocable an irreversible
bank guarantee or Demand Draft. The performance security shall be submitted by the
selected bidder within 15 working days from receipt of Letter of Award, pursuant to
which the Agreement shall be signed within 30 working days from issuance of
letter of award. The performance bank guarantee shall be provided for duration
equivalent to actual / scheduled completion of the agreement, and shall have a claim
period of 3 months after the actual/schedule completion of the assignment
whichever is later.

The Bank Guarantee shall be submitted as per format provided in Appendix III- A for
performance security.

D. SUBMISSION AND EVALUATION PROCESS

2.20 Submission and Evaluation of Proposals

2.20.1 The proposal shall be submitted in two covers. The Technical proposal shall
be submitted in Cover No.1. The Demand Drafts containing the Tender document
fee and EMD shall be included in this cover. In case the tender document fee and
EMD is paid through NEFT, evidence of making such payments shall be included in
this cover. Cover No.2 shall contain only the Financial bid. Both the covers should be
labelled appropriately for identification.

2.20.1 MoPSW shall open the Proposals on the due date and time. Cover No.1 containing
the “Technical Proposal” shall be opened first. Cover No.2 containing the “Financial
Proposal” shall be kept unopened for opening at a later date.

2.20.2 Proposals for which a notice of withdrawal has been submitted in accordance
with Clause 2.19 shall not be opened.

2.20.3 Prior to evaluation of Proposals, MoPSW will determine whether each

Proposal is responsive to the requirements of the RFP. A Proposal shall be considered
responsive only if:

a) the Technical Proposal is received in the form specified at Appendix-I;

21
b) it is received by the PDD including any extension thereof pursuant to Clause 2.17;
c) it is signed and named as stipulated in Clauses 2.13 and 2.16;
d) it is accompanied by the Power of Attorney as specified in Clause 2.2.4;
e) it contains all the information (complete in all respects) as requested in the RFP;
f) it does not contain any condition or qualification; and
g) it is not non-responsive in terms hereof.
h) The Bid document fee and EMD has been provided

2.20.4 MoPSW reserves the right to reject any Proposal which is non- responsive and
no request for alteration, modification, substitution or withdrawal shall be
entertained by MoPSWin respect of such Proposals.

2.20.5 MoPSW shall subsequently examine and evaluate Proposals in accordance

with the Selection Process specified at Clause 1.6 and the criteria set out in Clause 3
of this RFP.

2.20.6 After the technical evaluation, MoPSW shall prepare a list of pre- qualified
Applicants for opening of their Financial Proposals. A date, time and venue will be
notified to all Applicants for announcing the result of evaluation and opening of
Financial Proposals. Before opening of the Financial Proposals, the list of pre-
qualified Applicants along with their Technical Scores will be read out. The opening
of Financial Proposals shall be done in presence of respective representatives of
Applicants who choose to be present. MoPSW will not entertain any query or
clarification from Applicants who fail to qualify at any stage of the Selection Process.
The financial evaluation and final ranking of the Proposals shall then be carried out.

2.20.7 Applicants are advised that Selection shall be entirely at the discretion of
MoPSW. Applicants shall be deemed to have understood and agreed that MoPSW
shall not be required to provide any explanation or justification in respect of any
aspect of the Selection Process or Selection.

2.20.8 Any information contained in the Proposal shall not in any way be construed
as binding on MoPSW, its agents, successors or assigns, but shall be binding against
the Applicant if the assignment is subsequently awarded to it.

2.21 Confidentiality

Information relating to the examination, clarification, evaluation, and

recommendation for the selection of Applicants shall not be disclosed to any person
who is not officially concerned with the process or is not a retained professional
adviser advising MoPSW in relation to matters arising out of, or concerning the
Selection Process. MoPSWshall treat all information, submitted as part of the
Proposal, in confidence and shall require all those who have access to such material to
treat the same in confidence. MoPSWmay not divulge any such information unless it
is directed to do so by any statutory entity that has the power under law to require
its disclosure or to enforce or assert any right or privilege of the statutory entity
and/or MoPSWor as may be required by law or in connection with any legal process.

22
2.22 Clarifications

20.2.1 To facilitate evaluation of Proposals, MoPSWmay, at its sole discretion, seek

clarifications from any Applicant regarding its Proposal. Such clarification(s) shall be
provided within the time specified by MoPSWfor this purpose. Any request for
clarification(s) and all clarification(s) in response thereto shall be in writing.

20.2.2 If an Applicant does not provide clarifications sought under Clause

above within the specified time, its Proposal shall be liable to be rejected. In case the
Proposal is not rejected, MoPSWmay proceed to evaluate the Proposal by construing
the particulars requiring clarification to the best of its understanding, and the
Applicant shall be barred from subsequently questioning such interpretation of
MoPSW.

E. SELECTION OF CONSULTANT

2.23 Negotiations

2.23.1 The Selected Applicant may, if necessary, be invited for negotiations. The
negotiations shall generally not be for reducing the price of the Proposal, but will be
for re-confirming the obligations of the Consultant under this RFP. Issues such as
deployment of Key Personnel, understanding of the RFP, methodology and quality of
the work plan shall be discussed during negotiations. If deemed necessary, MoPSW
may invite the proposed Key Personnel (including Project Associates) for interactions
for its satisfaction of their suitability. A Key Personnel who did not score 75%
(seventy five per cent) marks shall be replaced by the Applicant with a better
candidate to the satisfaction of MOPSW. In case the Selected Applicant fails to
reconfirm its commitment, MoPSW reserves the right to designate the next ranked
Applicant as the Selected Applicant and invite it for negotiations.

2.23.2 MoPSW will examine the CVs of all other Key Personnel and those not found
suitable shall be replaced by the Applicant to the satisfaction of MoPSW. MoPSW
agreeing to the replacement will be subject to interactions with the new key
personnel by MoPSW before agreeing to the replacement.

2.24 Substitution of Key Personnel

2.24.1 MoPSW expects the Key Personnel to be available during implementation of

the Agreement. MoPSW will not consider substitution of the Key Personnel except
for reasons of any incapacity or due to health, resignation from the firm or any such
reason which is beyond the control of the firm. Such substitutions during the course of
assignment shall ordinarily be limited to three substitutions for all the Key Personnel
position subject to equally or better qualified and experienced personnel being
provided to the satisfaction of MoPSW. Without prejudice to the foregoing, substitution
of Core team personnel shall only be permitted subject to reduction of remuneration
equal to upto 3 months’ fee for the specific role for which substitution is being done.

23
2.24.2 Applicants are expected to propose only such key team personnel who will
be in a position to commit the time required for and be available for delivering the
Services in accordance with the Agreement

2.25 Indemnity

The selected Applicant shall, subject to the provisions of the Agreement, indemnify
MoPSW, for an amount not exceeding the value of the Agreement, for any direct loss
or damage that is caused due to any deficiency in Services. An indemnity bond has
to be signed by the selected Applicant for this purpose.

2.26 Award of Consultancy

After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by

MoPSWto the Selected Applicant and the Selected Applicant shall, within
14(Fourteen) days of the receipt of the LOA, sign and return the duplicate copy ofthe
LOA in acknowledgement thereof. In the event the duplicate copy of the LOA duly
signed by the Selected Applicant is not received by the stipulated date, MoPSWmay,
unless it consents to extension of time for submission thereof, cancel the LOA and
the next highest ranking Applicant may beconsidered.

2.27 Execution of Agreement

After acknowledgement of the LOA as aforesaid by the Selected Applicant, it shall

execute the Agreement within a period of 30 days from the date of issuance of LoA.
The Selected Applicant shall not be entitled to seek any deviation in the Agreement.

2.28 Commencement of Assignment

The selected Applicant shall commence the Services within seven days of the date of the
Agreement, or such other date as may be mutually agreed. If the Selected Applicant
fails to either sign the Agreement as specified in Clause 2.28 or commence the
assignment as specified herein, MoPSWmay invite the second ranked Applicant for
negotiations. In such an event, the LOA or the Agreement, as the case may be, may
be cancelled / terminated.

2.29 Proprietary data

Subject to the provisions of Clause 2.22, all documents and other information
provided by MoPSWor submitted by an Applicant to MoPSWshall remain or become
the property of MoPSW. Applicants/Consultant, as the case may be, are to treat all
information as strictly confidential. MoPSWwill not return any Proposal or any
information related thereto. All information collected, analyzed, processed or in
whatever manner provided by the Applicant to MoPSWin relation to the Services
shall be the property of MoPSW.

2.30 Terms and Conditions: Applicable Post Award of Contract

2.30.1 Termination Clause

24
a. MoPSW may, without prejudice to any other remedy for breach of contract, by a
written notice of default of at least 30 days sent to the selected bidder, terminate the
contract in whole or in part (provided a cure period of not less than 30 days is given
to the selected bidderto rectify the breach):

b. If the selected bidder fails to deliver any or all quantities of the service within the
time period specified in the contract, or any extension thereof granted MoPSW; or

c. If the selected bidder fails to perform any other obligation under the contract
within the specified period of delivery of service or any extension granted thereof; or

d. If the selected bidder, in the judgment of MoPSW, is found to be engaged in

corrupt, fraudulent, collusive, or coercive practices in competing for or in executing
the contract.

e. If the selected bidder commits breach of any condition of the contract

f. If MoPSWterminates the contract in whole or in part, amount of Performance

Guarantee shall be forfeited only if termination is due to Consultant default.

2.30.2 Termination for Default

a. MoPSW may, without prejudice to any other remedy for breach of contract, by a
written notice of default of at least 30 days sent to the selected bidder, terminate the
contract in whole or in part (provided a cure period of not less than 30 days is given
to the selected bidder to rectify the breach):

b. If the selected bidder fails to deliver any or all quantities of the service within the
time period specified in the contract, or any extension thereof granted by MoPSW; or

c. If the selected bidder fails to perform any other obligation under the contract
within the specified period of delivery of service or any extension granted thereof; or

d. If the selected bidder, in the judgment of MOPSW, is found to be engaged in

corrupt, fraudulent, collusive, or coercive practices in competing for or in executing
the contract.

e. If the selected bidder commits breach of any condition of the contract

f. If MoPSW terminates the contract in whole or in part, amount of Performance

Guarantee shall be forfeited.

2.30.3 Termination for Insolvency

MOPSW may at any time terminate the Contract by giving a written notice of at least
30 days to the selected bidder, if the selected bidder becomes bankrupt or otherwise
insolvent. In such event, termination will be without compensation to the selected
bidder, provided that such termination will not prejudice or affect any right of action
25
or remedy that has accrued or will accrue thereafter to MOPSW.

2.30.4 Termination for Convenience

a. MOPSW, by a written notice of at least 30 days sent to the selected bidder, may
terminate the Contract, in whole or in part, at any time for its convenience. The
Notice of termination shall specify that termination is for MoPSW‘s convenience, the
extent to which performance of the selected bidder under the Contract is
terminated and the date upon which such termination becomes effective.

b. In such case, MoPSW will pay for all the pending invoices as well as the work done
till that date.

c. Depending on merits of the case the selected bidder may be appropriately

compensated on mutually agreed terms for the loss incurred by the contract if any
due to such termination.

d. Limitation of Liability- In no event shall either party be liable for consequential,

incidental, indirect, or punitive loss, damage or expenses (including lost profits). The
selected bidder shall not be liable to the other hereunder or in relation hereto
(whether in contract, tort, strict liability or otherwise) for more than the value of the
fees to be paid (including any amounts invoiced but not yet paid) under this
Agreement.

2.30.5 Termination by MoPSW

a. MOPSW may, by not less than 30 day’s written notice of termination to the
Consultant, such notice to be given after the occurrence of any of the events,
terminate this Agreement if:

i. The Consultant fails to remedy any breach hereof or any failure in the
performance of its obligations hereunder, as specified in a notice of suspension, within
thirty (30) days of receipt of such notice of suspension or within such further period as
MoPSW may have subsequently granted in writing;

ii. The Consultant becomes insolvent or bankrupt or enters into any agreement with
its creditors for relief of debt or take advantage of any law for the benefit of debtors
or goes into liquidation or receivership whether compulsory or voluntary;

The Consultant fails to comply with any final decision reached as a result of
iii.
arbitration proceedings.

iv.The Consultant submits to MoPSW a statement which has a material effect on the
rights, obligations or interests of MoPSW and which the Consultant knows to be
false;

b. Any document, information, data or statement submitted by the in its Proposals,

26
based on which the Consultant was considered eligible or successful, is found to be
false, incorrect or misleading; or As the result of Force Majeure, the Consultant is
unable to perform a material portion of the Services for a period of not less than sixty
(60)days

c. If MoPSW would like to terminate the contract for reasons not attributable to the
Consultant performance, they will need to clear all invoices for the services up to the
date of their notice.

d. If MoPSW would like to terminate the contract for reasons attributable related to
the Consultant’s performance, MoPSW will give a rectification notice for 3 months to
consultant in writing with specific observations and instructions.

2.30.6 Termination by the Consultant

a. The Consultant may, by not less than 30 days written notice to MOPSW, such
notice to be given after the occurrence of any of the events, terminate this
Agreement if:

i. MOPSW is in material breach of its obligations pursuant to this Agreement and has
not remedied the same within forty- five (45) days (or such longer period as the
Consultant may have subsequently agreed in writing) following the receipt by MoPSW
of the Consultant‘s notice specifying such breach;

As the result of Force Majeure, the Consultant is unable to perform a material

ii.
portion of the Services for a period of not lessthan sixty (60) days; or

2.30.7 Consequences of Termination

a. In the event of termination of the Contract due to any cause whatsoever,
[whether consequent to the stipulated term of the Contract or otherwise], MoPSW
shall be entitled to impose any such obligations and conditions and issue any
clarifications as may be necessary to ensure an efficient transition and effective
business continuity of the Service(s) which the Consultant shall be obliged to comply
with and take all available steps to minimize loss resulting from that
termination/breach, and further allow the next successor Consultant to take over the
obligations of the erstwhile Consultant in relation to the execution/continued
execution of the scope of the Contract.

b. Nothing herein shall restrict the right of MoPSW to invoke Guarantee and other
guarantees, securities furnished, enforce the Deed of Indemnity and pursue such
other rights and/or remedies that may beavailable to MoPSW under law or otherwise.

c. The termination hereof shall not affect any accrued right or liability of either Party
nor affect the operation of the provisions of the Contract that are expressly or by
implication intended to come into or continuein force on or after such termination.

2.30.8 Dispute Resolution Mechanism

27
MOPSW & the Consultant shall endeavor their best to amicably settle all disputes
arising out of or in connection with the Contract in the following manner:

a. The Party raising a dispute shall address to the other Party a notice requesting an
amicable settlement of the dispute within seven (7) days of receipt of the notice.

Matter will be referred for negotiation between Officer nominated by MoPSW and the
Authorized Official of the Consultant. The matter shall then be resolved between
them and the agreed course of action documented within a further period of 15
days.

2.30.9 Arbitration

The Consultant may apply to the Under Secretary(IWT), MoPSW for the appointment
of the Arbitrator in the event of any dispute/difference. On receipt of such request, it
shall be lawful for MoPSW to appoint an Arbitrator to adjudicate upon the
dispute/differences. The Arbitrator so appointed shall enter upon reference and
decide the dispute in accordance with The Arbitration & Conciliation Act, 2015
including amendments. Place of arbitration shall be New Delhi.

2.30.10 Force Majeure

Force Majeure is herein defined as any cause, which is beyond the control of the
selected bidder or MoPSW as the case may be which they could not foresee or with a
reasonable amount of diligence could not have foreseen and which substantially
affect the performance of the contract, such as:

a. Natural phenomenon, including but not limited to floods, droughts, earthquakes

and epidemics.

b. Acts of any government, including but not limited to war, declared orundeclared
priorities, quarantines and embargos.
c. Terrorist attack, public unrest in work area provided either party shall within 10
days from occurrence of such a cause, notifies the other in writing of such causes.

The bidder or MoPSW shall not be liable for delay in performing his/her obligations
resulting from any force majeure cause as referred to and/ordefined above. Any delay
beyond 30 days shall lead to termination of contract by parties and all obligations
expressed quantitatively shall be calculated as on date of termination.
Notwithstanding this, provisions relating to indemnity, confidentiality survive
termination of the contract.

2.30.11 Jurisdiction of Courts

All disputes relating to this contract shall be subject to the jurisdiction of Courts of
New Delhi only.

2.30.12 Right of Monitoring and Periodic Review

MOPSW reserves the right to monitor/ assess the progress/ performance at any time
during the course of the Contract, after providing due notice to the Selected Bidder.
28
MoPSW may demand, and upon such demand being made, the selected Bidder shall
provide with any document, data, material or any other information required to
assess the progress of the project. Any deviations or contravention identified as a
result of such review assessment would need to be rectified by the Selected
Bidder failing which MoPSW may, without prejudice to any other rights that it may
have, issue a notice of default.

2.30.13 Information Security

The Consultant shall not carry and/or transmit any material, information, layouts,
diagrams, storage media or any other goods/material in physical or electronic form,
which are proprietary to or owned by MOPSW, out of premises, without prior written
permission from MOPSW. The Consultant shall, upon termination of this agreement
for any reason, or upon demand by MOPSW, whichever is earliest, return any and all
information provided to the Consultant by MOPSW, including any copies or
reproductions.

2.30.14 Prices
Prices quoted must be firm and shall not be subject to any upward revision on any
account what-so-ever throughout the period of the engagement. MoPSW however
reserves the right to review and negotiate the charges payable. In case the contract
is extended beyond one year, the rates quoted will be increased by 5% of the
prevailing rate for the successive year.

29
3. SCOPE OF WORK AND CRITERIA FOR EVALUATION
The dedicated IWT Development & Transformation Unit (ITU) shall augment the resources and
capacity of existing IWT Wing in MoPSW by bringing in their strategic view, financing
expertise, sector knowledge and program management capabilities. It is proposed that the
dedicated Development & Transformation Unit may comprise the following team components:
I. Core Program Management Cell (PMC) team: Dedicated team members with pre-defined
deployment levels who shall be responsible for day-to-day activities of the Development &
Transformation Unit. This shall include the following:
a. Team Leader/ Project Director
b. India IWT/ Business Solutions & Traffic Expert
c. International IWT/Multimodal expert
d. Project Manager
e. 3 Project Associates
II. Advisory panel of experts: Group of experts from different fields such as infrastructure
development, strategic planning, infrastructure financing, PPP, regional co-operation, legal
affairs, and human resources. Such experts may be deployed to support the mandate on a
need-to-need basis.
The core PMC and Advisory Panel may be suitably enhanced/modified from time to time as the
case may be in response to the requirements of MoPSW, IWT Wing and the sector with
corresponding payments as per financial proposal. The ITU shall work under the supervision,
instructions and guidance of the IWT Wing, MoPSW.
The proposed team structure along with expected deployment of core team members and
advisory panel of experts is presented below:
Table A: Core PMC team

S Role Minimum No. Expected

No of years of deployment
professional (in person-
experience days per
month)*
1 Team Leader 15 2
2 India IWT/Business Solutions & 15 4
Traffic Expert
3 International IWT/Multimodal 15 2
Expert
4 Project Manager 7 11
5 Project Associate 1 (Project 4 22
monitoring)
6 Project Associate 2 4 22
(IWT/Shipping Strategy and
Financing)
7 Project Associate 3 4 22
(IWT/Logistics/ Business
30
 Solutions)
*Assuming 1 month = 22 days

Table B: Advisory panel of experts

Expected
Minimum No. of
deployment
S years of
Role (in person-
No professional
days per
experience
month)*
1 PPP Expert 15 1
2 HR Expert 15 1
Infrastructure Finance
3 15 1
Expert
4 Legal Expert 15 1
Regional cooperation &
5 15 1
Trade facilitation expert
Infrastructure Development
6 and Strategic Planning 15 1
Expert
7 Procurement Expert 15 1
*Assuming 1 month = 22 days
Note: Expected deployment mentioned in the table B shall not be mandatory and may vary from
month to month; it is only indicative for the purpose of uniformity in financial bidding.

Scope of Work
The specific functions of the ITU shall be to assist and provide inputs to the IWT Wing (at MoPSW)
and include the following:
The specific functions of the core PMC team (and advisory panel) shall be to assist and provide inputs
related to transformation initiatives for the IWT sector to the IWT Wing (at MoPSW) and include the
following:

Strategic initiatives for IWT sector

1. Preparing a 20-year roadmap (both in-brief and in-detail) for IWT in India in line with India’s Vision
2047 plan being conceived across ministries.
2. Preparing a strategy for sector development along with the underlying financial and economic
frameworks for presenting the need for government intervention and investments
3. Identifying new top 10 priority projects to be taken up on pilot basis across National Waterways,
geographical segments, commodities, and end-user industries, for boosting IWT sector in India
4. Preparing knowledge artefacts for boosting IWT awareness and driving collaborations across
different stakeholders for sector growth
5. Developing financing options and execution models and documents, policies, frameworks to
facilitate execution of projects and initiatives
31
 6. Suggesting institutional arrangements and mechanisms to support the growth of IWT sector and
regulatory /policy interventions to enable these
7. Assisting in obtaining approvals and publicity of these frameworks for use by stakeholders
8. Assisting MoPSW in developing internal notes for approvals to facilitate the execution of the
strategy identified above

Execution and monitoring activities for growth of IWT sector

9. Acquainting with work done and recent reports/documents prepared by MoPSW for IWT sector
and document the same for ready reckoning and future recourse

10. Preparing and maintaining a framework for scheduling milestones under different IWT initiatives

11. Monitoring progress of different IWT initiatives and taking course correction actions in consultation
with MoPSW. Raise issues/ risks in foreseeable future with the execution of these initiatives and
provide risk mitigation suggestions as well as options to address the challenges in implementation
of initiatives

12. Maintaining communication with key stakeholders including but not limited to IWAI, State
Governments and Major Ports Trusts

13. Engaging stakeholders and line-ministries for potential commodities and users of IWT for
developing value propositions for IWT adoption

14. Assisting MoPSW in providing suggestions for project proposals (received by MoPSW from
different stakeholders)

15. Engaging with various Multilateral institutions, Infra Funds, Green Funds and financing agencies to
enhance their role in the IWT sector

16. Conducting meetings/workshops with key stakeholders for ideation and closure of interventions
for boosting IWT sector

17. Incorporating recommendations/comments/feedback received from various stakeholders on

different proposed initiatives including policy/regulatory changes, asset addition/augmentation and
documenting the same

Minimum Eligibility Criteria: The Consultant should have:

1. Prior experience of handling at least 2 assignments in last 5 years for implementation of a national
project or program for Central Government Agency in India related to Transport/Logistics. Both
completed and ongoing assignments (more than 75% deliverables completed) are eligible. Each
Assignment should be of fee value of INR 3 Cr and above.
2. The proposed Team Leader should have led as a full time project leader or team leader for at least
one Program/Project Management Unit assignment for a Central Government Agency in India
related to Transport/Logistics for a period of minimum 12 months.
3. Consultant should have undertaken at least one assignment on PMU/feasibility studies/ strategy
formulation for development/ operationalization/ management/transaction advisory for PPP
projects (for cargo handling) over a National Waterway in India in the last 5 years.

32
4. The average minimum turnover for the consulting firm should be INR 100 cr in each of the last 3
years.
5. Bidding as a consortium is not allowed under this RFP.

33
Technical scoring

S No Parameter Maximum
marks
1 Past experience of the Consultant in the last five years 30
2 Presentation on Approach and Methodology 20
3 Qualification and Experience of Team Proposed for the 50
assignment
Total 100

34
Firm’s experience

S Maximum
Parameter Project size
No marks
Case Study 1 – Assignment on
assistance for implementation of a
National Waterway in India including Overall assignment of fee
1a transaction advisory for PPP value of INR 1.5 Cr and 6
projects. above in last 5 years
Must have at least completed
75% of deliverables.
Case Study 2 – Assignment on
conducting feasibility study(for cargo
Overall assignment of fee
handling) of developing an inland
1b value of INR 1.5 Cr and 6
waterway system outside India
above in last 5 years
Must have at least completed
75% of deliverables.
Case Study 3 - Assignment for
strategy development and
implementation of a National Project
Overall assignment of fee
or Program in Transport/Logistics
1c value of INR 1.5 Cr and 6
sector for Central Govt. agency in
above in last 5 years
India.
Must have at least completed
75% of deliverables.
Case Study 4 - Assignment on
development of a national level
strategy or vision for multimodal
movement/ integrated Overall assignment of fee
1d transportation/ multi-sector (for value of INR 1.5 Cr and 6
transport sectors) strategy for a above in last 5 years
Govt agency (including infrastructure
financing). Must have at least
completed 75% of deliverables.
Undertaken assignments for Each Assignment to be of fee
implementation of a national project value of INR 1.5 Cr and
or program for Central Government above in last 5 years
1e Agency in India related to 6
Transport/Logistics. 3 marks per assignment
Must have at least completed subject to a maximum of 6
75% of deliverables. marks
Total 30
Note: For items 1a to 1d, the same case study shall not be repeated

Presentation on Approach and Methodology

S No Parameter Maximum marks

2 Presentation. 20
35
 The presentation is to be made by the Team
Leader and Project Manager with active
participation/involvement by the Project Associates
who will be deployed for the assignment and shall
be evaluated based on knowledge levels of
envisaged Project Manager and Project Associates.
Presentation shall include:

a. Understanding of inland waterways

sector in India
b. Approach and methodology to be
adopted for the assignment and team
structure
Total 20

Team Proposed for the assignment

S No Expert Maximum
marks
3a Team Leader 12
3b India IWT/Business Solutions & Traffic Expert 7
3c International IWT/Multimodal Expert 6
3d Project Manager 10
3e Project Associate 1 (Project monitoring) 5
3f Project Associate 2 (IWT/Shipping Strategy and Financing) 5
3g Project Associate 3 (IWT/Logistics/ Business Solutions) 5
Total 50

36
37
Detailed Qualification and Experience of Team Proposed for the assignment

S
Role Requirements and scoring criteria
No
Team Leader Maximum marks: 12

S No Item Marks
i. Educational Background - Engineer + MBA/Post graduate Essential Qualifying
or equivalent in management from reputed institute.
ii. Total work experience – Minimum 15 years Maximum marks: 2.0

15-20 years: 0.5 mark

20+ years: 2.0 marks
iii.(a) Should have experience in the below for IWT sector: 3.0
 Experience of working for at least 3 unique National
Waterways in India (1 mark)
 Experience of at least one assignment of working on
inland waterways’ project outside India (1 mark)
3a  Experience of at least one assignment of working on
integration of IWT with other modes of transportation
in Indian subcontinent (1 mark)
iii.(b) Should have led at least one assignment of INR 3 Cr on Maximum marks: 2.0
implementation of a national project or program for
Central Government Agency in India related to 1 assignment: 0.5 mark
Transport/Logistics in last 5 years 2 or more assignments: 2.0
marks
iii.(c) Experience of working on preparing long term Maximum marks: 2.0
strategy/vision plans for a Central government
organization in India in Transport and Logistics sector 1 -2 assignment: 0.5mark
3 or more assignments: 2
marks
iii.(d) Must have led at least one PMU in Maritime for Central 2.0
Government agency/Major Port(s) for at least 12 months
S
Role Requirements and scoring criteria
No
as a full-time team leader/ project leader in last 5 years.
iv. Permanent employee of the firm for more than 10 years 1.0
India Maximum marks: 7
IWT/Business S No Item Marks
Solutions & i. Educational Background - Engineer + MBA/Post graduate or Minimum Qualifying
Traffic Expert equivalent in Management
ii. Total work experience – Minimum 15 years Maximum marks: 1.5

15-20 years: 0.5 mark

20+ years: 1.5 marks
iii.(a) Minimum 5 years’ industry experience of working in the 1.0
transport sector including new project development and
transformation projects
3b
iii.(b) Minimum experience of 3 years in IWT sector Maximum marks: 2.0

3-5 years: 0.5 mark

5 or more years: 2.0
marks
iii.(c) Relevant experience of working on at least 1 NW including but Maximum marks: 1.5
not limited to feasibilities studies and/or project structuring
and/or transaction advisory etc. 1 -2 NW: 0.5 mark

3 or more NWs: 1.5

iv. Permanent employee of the firm 1
International Maximum marks: 6
IWT/Multimodal S Item Marks
Expert No
i. Educational Background - Bachelors Essential Qualifying
3c
ii. Total work experience – Minimum 15 years Maximum mark: 1.0

15-16 years: 0.5 mark

16+ years: 1.0 marks
S
Role Requirements and scoring criteria
No
iii.(a) Minimum 15 years’ experience of working in strategy and Maximum marks: 1.5
consulting assignments related to policy/
regulatory/feasibility/strategy in inland waterways sector 15-20 years: 0.5 mark
globally 20+ years: 1.5 marks
iii.(b) Experience of working in inland waterways sector in at Maximum marks: 1.5
least 5 different countries globally in consulting
assignments related to 5-10 countries: 0.5 mark
policy/regulatory/feasibility/strategy 11 or more countries: 1.5
marks
iii.(c) Experience of working in inland waterways sector in at 1.0
least 3 different European countries in consulting
assignments related to
policy/regulatory/feasibility/strategy
iii.(d) Experience of working in inland waterways sector in at 1.0
least 3 developing countries including India in consulting
assignments related to
policy/regulatory/feasibility/strategy
Project Maximum marks: 10
Manager S No Item Marks
i. Educational Background - Engineer + MBA/Post Essential Qualifying
graduate or equivalent in management
ii. Total work experience – Minimum 7 years Maximum marks: 1.5
7-10 years:0.5 mark
10+ years: 1.5 marks
3d iii.(a) Should have worked with at least one central govt. Maximum marks: 1.5
agency in program implementation or strategy
formulation and its implementation in transport and 1 project: 1.0 mark
logistics sector with assignment value greater than 2 or more projects: 1.5 marks
INR 1.5 Cr
iii.(b) Experience of working on feasibility studies/traffic Maximum marks: 1.0
assessment/strategy development/business plan 2 NWs: 0.5 mark
development at least 2 unique National Waterways in 3 or more NWs: 1.0 mark
S
Role Requirements and scoring criteria
No
India

iii.(c) Experience of project structuring/financial Maximum marks: 2.0

analysis/PPP transaction(s) in IWT sector in India 1 Project: 0.5 mark
2 Projects: 1.0 mark
3 or more Projects: 2.0
marks
iii.(d) At least one international project (including market Maximum marks: 1.5
study) in ports/shipping/IWT outside India
1 project: 0.5 mark
2 or more projects: 1.5 marks
iii.(e) Should have experience in each of the following Maximum marks: 1.5
criteria:
1. At least one assignment in Shipping sector in 2 criteria: 0.5 mark
India 3 criteria: 1.0 mark
2. At least one assignment in Logistic sector in 4 criteria: 1.5 mark
India
3. At least one assignment on integration of IWT
with other modes of transportation in India
4. At least one assignment related to
development/operationalization/management
of a multimodal transport asset
iv. Permanent employee of the firm 1.0
S
Role Requirements and scoring criteria
No
Project Maximum marks: 5
Associate 1 S Item Marks
(IWT/ Project No
monitoring) i. Educational Background – Engineer + MBA/Post graduate Qualifying
in or equivalent in Construction Management or similar
field from a reputed institute (such as NICMAR)
ii. Total work experience – Minimum 4 years Qualifying

iii. Certification in project management or similar 0.5

iii.(a) Experience of project execution and contract managing Maximum mark: 1.5
EPC/PPP projects (each project should be of minimum size
of INR 500 crore) in the transport infrastructure sector in 1-2 projects: 0.5 mark
India 3 or more projects: 1.5
3e
mark
iii.(b) Minimum 2 years’ experience in shipping/ Maximum mark: 1.5
IWT/ports/transport & logistics sector
Upto 3 years: 0.5 mark
3 or more years: 1.5 mark
iii.(c) Experience of working for a project monitoring/program 0.5
management assignment for a Central Government agency
in Transport & logistics sector in India
iv. Experience of at least one project in IWT sector in India 0.5
v. Permanent employee of the firm for more than 1 year 0.5
Expected skill set and expertise: project management/monitoring, stakeholder management, MIS
management for infrastructure EPC/PPP projects and other initiatives, contract management,
procurement management, qualitative/quantitative analytical skills, MS Office tools proficiency
S
Role Requirements and scoring criteria
No
Project Maximum marks: 5
Associate 2 S Item Marks
(IWT/Shipping) No
i. Educational Background Qualifying
Engineering in Marine/ Mechanical or Graduation in
Nautical studies + MBA/Post graduate in or equivalent
management or Post Graduation Nautical studies
ii. Total work experience – Minimum 4 years Qualifying

iii.(a) Experience of working on at least one IWT related project 1.0

3f
iii.(b) Minimum 2 years in shipping/ IWT/coastal shipping sectors 1.0
iii.(c) Minimum 2 years experience of business 1.5
development/sales in managerial role in transport/logistics
sectors
iii.(d) Minimum 1 year of experience of working in Central 1.0
Government Agency in India in shipping/IWT/coastal
shipping sectors
iv. Permanent employee of the firm for more than 1 year 0.5
Expected skill set and expertise: shipping charter structuring, familiarity with shipping operations,
qualitative/quantitative analytical skills, MS Office tools proficiency
S
Role Requirements and scoring criteria
No
Project Maximum marks: 5
Associate 3 S No Item Marks
(IWT/Business i. Educational Background - Engineering + MBA/Post Qualifying
Solutions and graduate in or equivalent management
PPP) ii. Total work experience – Minimum 4 years Qualifying

iii.(a) Experience of working on at least one IWT related Maximum mark: 1.0
assignment in India including feasibility assessment
1 assignment: 0.5 mark
2 or more assignments:
1.0 mark
iii.(b) Experience of working on at least one international project Maximum mark: 1.0
in shipping/ IWT/ports/coastal shipping sector
3g
1 project: 0.5 mark
2 or more projects: 1 mark
iii.(c) Minimum 2 years in shipping/ IWT/ports/coastal shipping 1.0
iii.(d) Experience of working on preparing strategy/vision 1.0
plans/business plan (including infrastructure financing) for
a Central government organization in India in transport
sector
iv. Experience of working on at least one PPP related project 0.5
in IWT sector in India
v. Permanent employee of the firm for more than 1 year 0.5
Expected skill set and expertise: business planning and roadmap preparation, strategic/ financial
options assessment and PPP project structuring and appraisal, qualitative/quantitative analytical
skills, MS Office tools proficiency
Total: 50

In addition to the core PMC team, Bidders shall also submit CVs for the following experts, which may be required to
supplement the core team as and when required:
 Minimum
S Minimum academic
Expert work Relevant work experience
No qualification
experience

1 PPP Expert 15 years Engineer + i. Should have worked on assignments related to

MBA/Postgraduate in PPP project structuring in transport sector in
Management or equivalent India
ii. Should have experience of PPP transaction
advisory in transport sector in India

2 HR Expert 15 years MBA/Postgraduate in i. Should have experience of assignments related

Management or equivalent to Human Capital Strategy, HR
in Human Resources Transformation, Talent Management process
discipline design & implementation
ii. Should have experience of assignments related
to Organization Design and Restructuring,
Workforce Planning, Workforce Modelling and
Optimization, Reskilling & Redeployment
iii. Experience of working in Central / State
Project with any Government organizations in
India

3 Infrastructure 15 years CA/ MBA/Postgraduate in i. Experience of working in infrastructure policy &

finance expert Management or equivalent financing, transaction advisory assignments
ii. Experience of working in assignments related
to asset monetization & private sector
development, ESG and green finance

4 Legal expert 15 years LLM or equivalent i. Experience of providing legal advisory services
in the IWT/ports/maritime sector especially in
relation to draft Bills and Draft tender
 documents
ii. Experience of working in Central / State
Project with any Government organizations in
India

5 Regional 15 years MBA/Postgraduate in i. Experience of working in regional cooperation

cooperation Management or equivalent and trade facilitation assignments for the Indian
& trade /Commerce/Economics subcontinent
facilitation
ii. Experience of working on regional integration of
expert
IWT in BBIN region

6 Infrastructure 15 years Engineer + Experience of working, transaction advisory

Development MBA/Postgraduate in assignments, and policy/regulatory related
and Strategic Management or equivalent assignments for Central / State agency with
Planning expert any Government organizations in India

7 Procurement 15 years CA OR Engineer + Experience of executing procurement processes

expert Postgraduate in for Central / State agency with any Government
Management or equivalent organizations in India in IWT/ports/maritime
sector

8 Sustainability 15 years Graduation in Commerce/ i. Should have undertaken atleast one project
expert Engineering/ related to IWT/shipping/ ports sector in area
Environmental Sciences/ of feasibility studies/ business planning/ due
Economics/CA AND MBA or diligence
equivalent ii. Must have undertaken alteast one project
demonstrating deep understanding of
sustainable practices and greening
opportunities in infrastructure sector
preferably in transitioning from conventional
fuels/energy in infrastructure sector
For avoidance of doubt, it is clarified that CVs of proposed experts for advisory panel shall need to meet minimum
criteria as laid out above, but shall not be evaluated from a technical scoring perspective.
CQCCBS (Combined Quality cum Cost Based Selection) method with weights
distributed between technical & financial bid shall be used to evaluate the Consultancy
proposals as mentioned under:

1. Technical Bid Score: 80% (The bidder who secures maximum marks shall
be given a Technical score of 100 and then pro-rata calculations for successive
bidders with respect to their technical score).

The technical scores of other Bidders for the project shall be computed as follows.

Ts (bidder) = 100 * (T (bidder)/ T (highest technical score amongst all bidders))

Only those Bidders who have secured Technical Score of 75 or above shall
be declared as qualified for evaluation of their ‘Financial Bid’. Bidders who
have secured less than 75 for Technical Score shall be rejected

2. Financial Bid Score: 20 % (with full marks to lowest financial bidder and
then pro-rata calculations for successive bidders with respect to their financial bids).

Financial Quote of any bidder = F

Fs (bidder) = 100 * (F(lowest financial quote amongst all bidders)/ F(bidder))

Any monetary figure in decimal shall be rounded off to the nearest INR. In
cases of discrepancy between the prices quoted in words and in figures,
lower of the two shall be considered. For any other calculation/ summation
error etc. the bid may be rejected.

Total Evaluated Score = 0.8 Ts + 0.2 Fs

48
4. FRAUD AND CORRUPT PRACTICES

4.1 The Applicants and their respective officers, employees, agents and advisers
shall observe the highest standard of ethics during the Selection Process.
Notwithstanding anything to the contrary contained in this RFP, the MoPSW shall
reject a Proposal without being liable in any manner whatsoever to the Applicant, if it
determines that the Applicant has, directly or indirectly or through an agent, engaged
in corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice (collectively the “Prohibited Practices”) in the Selection Process.
In such an event, the MoPSW shall, without prejudice to its any other rights or
remedies, forfeit and appropriate the Performance Security, if available, as mutually
agreed genuine pre-estimated compensation and damages payable to the MoPSW
for, inter alia, time, cost and effort of the MOPSW, in regard to the RFP, including
consideration and evaluation of such Applicant’s Proposal.

4.2 Without prejudice to the rights of the MoPSW under Clause 4.1 hereinabove
and the rights and remedies which the MoPSW may have under the LOA or the
Agreement, if an Applicant or Consultant, as the case may be, is found by the
MoPSW to have directly or indirectly or through an agent, engaged or indulged in
any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice during the Selection Process, or after the issue of the LOA or the
execution of the Agreement, such Applicant or Consultant shall not be eligible to
participate in any tender or RFP issued by the MoPSW during a period of 2 (two)
years from the date such Applicant or Consultant, as the case may be, is found by the
MoPSW to have directly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice, as the case may be.

4.3 For the purposes of this Clause, the following terms shall have the meaning
hereinafter respectively assigned to them:

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

directly or indirectly, of anything of value to influence the action of any person
connected with the Selection Process (for avoidance of doubt, offering of
employment to or employing or engaging in any manner whatsoever, directly or
indirectly, any official of the MoPSW who is or has been associated in any manner,
directly or indirectly with the Selection Process or the LOA or has dealt with matters
concerning the Agreement orarising therefrom, before or after the execution thereof,
at any time prior to the expiry of one year from the date such official resigns or
retires from or otherwise ceases to be in the service of the MOPSW, shall be deemed
to constitute influencing the actions of a person connected with the Selection
Process; or (ii) save as provided herein, engaging in any manner whatsoever,
whether during the Selection Process or after the issue of the LOA or after the
execution of the Agreement, as the case may be, any person in respect of any
matter relating to the Project or the LOA or the Agreement, who at any time has
been or is a legal, financial or technical consultant/ adviser of the MoPSW in relation
to any matter concerning theProject;

49
b) “fraudulent practice” means a misrepresentation or omission of facts or
disclosure of incomplete facts, in order to influence the Selection Process;

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

harm, directly or indirectly, any persons or property to influence any person’s
participation or action in the Selection Process;

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

connected with or employed or engaged by the MoPSW with the objective of
canvassing, lobbying or in any manner influencing or attempting to influence the
Selection Process; or (ii) having a Conflict of Interest; and

e) “restrictive practice” means forming a cartel or arriving at any

understanding or arrangement among Applicants with the objective of restricting or
manipulating a full and fair competition in the Selection Process.

50
 1. Pre-Bid Meeting

5.1 Pre-Bid Meeting of the Applicants shall be convened at the designated date,
time and place.

5.2 During the course of Pre-Bid Meeting, the Applicants will be free to seek
clarifications and make suggestions for consideration of the MOPSW. The MoPSW
shall endeavour to provide clarifications and such further information as it may, in its
sole discretion, consider appropriate for facilitating a fair, transparent and
competitive Selection Process.

51
2. MISCELLANEOUS

6.1 The Selection Process shall be governed by, and construed in accordance with,
the laws of India and the Courts at New Delhi shall have exclusive jurisdiction over
all disputes arising under, pursuant to and/or in connection with the Selection
Process.

6.2 The MOPSW, in its sole discretion and without incurring any obligation or
liability, reserves the right, at any time, to:

a) 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;
b) consult with any Applicant in order to receive clarification or further
information;

c) retain any information and/or evidence submitted to the MoPSW by, on behalf
of and/or in relation to any Applicant; and/or

d) independently verify, disqualify, reject and/or accept any and all submissions or
other information and/or evidence submitted by or on behalf of any Applicant.

6.3 It shall be deemed that by submitting the Proposal, the Applicant agrees and
releases the MOPSW, 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.

6.4 All documents and other information supplied by the MoPSW or submitted by
an Applicant shall remain or become, as the case may be, the property of the
MOPSW. The MoPSW will not return any submissions made hereunder. Applicants
are required to treat all such documents and information as strictly confidential.

6.5 The MoPSW reserves the right to make inquiries with any of the clients listed
by the Applicants in their previous experience record.

52
Appendices

53
 APPENDIX-I
(See Clause 2.1.iii)

TECHNICAL PROPOSAL
Form-1
Letter of Proposal
(On Applicant’s letter head)

(Date and Reference)

To,

The Under Secretary(IWT)

Ministry of Ports, Shipping & Waterways
Transport Bhawan, 1, Parliament Street,
New Delhi-110001

Sub: Engagement of consultant for Consultant for setting up a dedicated

Program Management Cell for Inland Waterway Transport within Ministry of
Ports, Shipping and Waterways

Dear Sir,

With reference to your RFP Document dated , I/We, having examined all
relevant documents and understood their contents, hereby submit our
Proposal for selection as Consultant for setting up a dedicated Program
Management Cell for Inland Waterway Transport within Ministry of Ports,
Shipping and Waterways

1. I/We acknowledge that the MoPSW will be relying on the information provided
in the Proposal and the documents accompanying the Proposal for selection of
the Consultant, and we certify that all information provided in the Proposal and
in the Appendices is true and correct, nothing has been omitted which renders
such information misleading; and all documents accompanying such Proposal
are truecopies of their respective originals.

2. This statement is made for the express purpose of selection as the Consultant
for the aforesaid Project.

3. I/We shall make available to the MoPSW any additional information it may deem
necessary or require for supplementing or authenticating the Proposal.

4. I/We acknowledge the right of the MoPSW to reject our application without
assigning any reason or otherwise and hereby waive our right to challenge the
same on any account whatsoever.

54
5. I/We certify that in the last three years, we or any of our Associates have neither
failed to perform on any contract, as evidenced by imposition of a penalty by an
arbitral or judicial Board or a judicial pronouncement or arbitration award against
the Applicant, nor been expelled from any project or contract by any public Board
nor have had any contract terminated by any public Board for breach on our part.

6. I/We declare that:

a. I/We have examined and have no reservations to the RFP Documents,

including any Addendum issued by the MoPSW;

b. I/We do not have any conflict of interest in accordance with Clause 2.3 of
the RFP Document;

c. I/We have not directly or indirectly or through an agent engaged or

indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice, as defined in Clause 4.3 of the
RFP document, in respect of any tender or request for proposal issued by or
any agreement entered into with the MoPSW or any other public sector
enterprise or any government, Central or State; and

d. I/We hereby certify that we have taken steps to ensure that in conformity
with the provisions of Section 4 of the RFP, no person acting for us or on our
behalf will engage in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice.

7. I/ We understand that you may cancel the Selection Process at any time and that
you are neither bound to accept any Proposal that you may receive nor to select
the consultant, without incurring any liability to the Applicants in accordance with
Clause 2.8 of the RFP document.

8. I/ We declare that we are not a Sub-Consultant in any other Proposal applying

for Selection as a Consultant under this RFP.

9. I/ We certify that in regard to matters other than security and integrity of the
country, we or any of our Associates have not been convicted by a Court of Law
or indicted or adverse orders passed by a regulatory Board which would cast a
doubt on our ability to undertake the Consultancy Services for the Project or
which relates to a grave offence that outrages the moral sense of the
community.

10. I/ We further certify that in regard to matters relating to security and integrity of
the country, we have not been charge-sheeted by any agency of the Government
or convicted by a Court of Law for any offence committed by us or by any of our
Associates.

11. I/ We further certify that no investigation by a regulatory Board is pending either

against us or against our Associates or against our CEO or any of our Directors/
Managers / employees.
55
12. I/ We hereby irrevocably waive any right or remedy which we may have at any
stage at law or howsoever otherwise arising to challenge or question any decision
taken by MoPSW [and/ or the Government of India] in connection with the
selection of consultant or in connection with the Selection Process itself in
respect of theabove mentioned Project.

13. I/ We agree and understand that the proposal is subject to the provisions of the
RFP document. In no case, shall I/we have any claim or right of whatsoever
nature if the Consultancy Services for the Project is not awarded to me/us or our
proposalis not opened or rejected.

14. I/ We agree to keep this offer valid for 90 (Ninety) days from the PDD specified
in the RFP.

15. A Power of Attorney in favour of the authorised signatory to sign and submit this
Proposal and documents is attached herewith in Form 4.

16. In the event of my/our firm being selected as the Consultant, I/ we agree to
enter into an Agreement with MOPSW. We agree not to seek any changes in the
form and agree to abide by the same.

17. In the event of my/ our firm being selected as the consultant, I/ we agree and
undertake to provide the services of the Team Leader in accordance with the
provisions of the RFP and that the Team Leader shall be responsible for
providing the agreed services himself and not through any other person or
Associate.

18. I/ We have studied RFP and all other documents carefully. We understand that
except to the extent as expressly set forth in the Agreement, we shall have no
claim, right or title arising out of any documents or information provided to us by
MoPSW or in respect of any matter arising out of or concerning or relating to
the Selection Process including the award of Consultancy Services.

19. The Financial Proposal is being submitted in a separate cover. This Technical
Proposal read with the Financial Proposal shall constitute the Application which
shall be binding on us.

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

In witness thereof, I/ we submit this Proposal under and in accordance with the
terms of the RFP Document.

Yours faithfully,

(Signature, name and designation of the authorised signatory)

(Name and seal/ stamp of the Applicant)

56
 Form 2

Particulars of Applicant

S Particulars Details
No
1) Title of Services Consultancy Services
2) Title of Project Engagement of Consultant for setting up
a dedicated Program Management Cell
for Inland Waterway Transport within
Ministry of Ports, Shipping and
Waterways
3) Applicant applying as
4) State the following:
i. Name of Firm:
ii. Country of incorporation:
iii. Registered address:
iv. Year of Incorporation:
v. Year of commencement of
business:
vi. Principal place of business:
vii. Name, designation, address
and phone
numbers of authorised
signatory of the Applicant:
viii. Name:
ix. Designation:
x. Company:
xi. Address:
xii. Phone No.:
xiii. Fax No.:
xiv. E-mail address:

(Signature, name and designation of the authorised

signatory) For and on behalf of
………………..................

57
 Form-3

Statement of Legal Capacity

(To be forwarded on the letter head of the Applicant)

(Date and Reference)

To,
The Under Secretary(IWT)
Ministry of Ports, Shipping & Waterways
Transport Bhawan, 1, Parliament Street,
New Delhi-110001

Sub: Engagement of Consultant for setting up a dedicated Program

Management Cell for Inland Waterway Transport within Ministry of Ports,
Shipping and Waterways

Dear Sir,

I/ We hereby confirm that we, the Applicant, satisfy the terms and conditions laid
down in the RFP document.

I/ We have agreed that.................... (insert individual’s name) will act as our

authorised Representative and has been duly authorized to submit our Proposal.
Further, the authorised signatory is vested with requisite powers to furnish such
proposal and all other documents, information or communication and authenticate
the same.

Yours faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of ....................

58
 Form-4

Power of Attorney

Know all men by these presents, We, .............................................. (name of Firm and
address of the registered office) do hereby constitute, nominate, appoint and
authorise Mr/Ms........................................ son/daughter/wife and presently
residing at .................................. , who is presently employed with/ retained by us and
holding the position of .................... as our true and lawful attorney (hereinafter
referred to as the “Authorised Representative”) to do in our name and on our behalf, all
such acts, deeds and things as are necessary or required in connection with or
incidental to submission of our Proposal for and selection, as the Consultant for setting
up a dedicated Program Management Cell for Inland Waterway Transport within
Ministry of Ports, Shipping and Waterways including but not limited to signing and
submission of all applications, proposals and other documents and writings,
participating in pre-bid and other conferences and providing information/ responses to
MOPSW, representing us in all matters before MOPSW, signing and execution of all
contracts and undertakings consequent to acceptance of our proposal and generally
dealing with MoPSW in all matters in connection with or relating to or arising out of
our Proposal for the said Project and/or upon award thereof to us till the entering into
of the Agreement with MOPSW.

AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully
done or caused to be done by our said Authorised Representative pursuant to and in
exercise of the powers conferred by this Power of Attorney and that all acts, deeds
and things done by our said Authorised Representative in exercise of the powers
hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, .................... THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ............ DAY OF ........................ ,
20**

For .......................................
(Signature, name, designation and
address)

Witnesses:
1
2
Notarised Accepted
......................................
(Signature, name, designation and address of the Attorney)

59
Note:

i. The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents
of the executant(s) and when it is so required the same should be under
common seal/ stamp affixed in accordance with the required procedure.

ii. Wherever required, the Applicant should submit for verification the extract ofthe
charter documents and other documents such as a resolution/power of
attorney in favour of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Applicant.

iii. For a Power of Attorney executed and issued overseas, the document will also
have to be legalised by the Indian Embassy and notarised in the jurisdiction
where the Power of Attorney is being issued. However, the Power of Attorney
provided by Applicants from countries that have signed the Hague Legislation
Convention, 1961 are not required to be legalised by the Indian Embassy if it
carries a conforming Apostille certificate.

60
 Form-5

Particulars of Key Personnel

S Designation Name Educational Length of Present No. of

No of Key Qualification Professional Employment Eligible
Personnel Experience Assignments

Name of Employed
Firm Since

(1) (2) (3) (4) (5) (6) (7) (8)

1.
2.

61
 Form-6

Abstract of Eligible Assignments of the Applicant#

S No Name of Project Name of Client Estimated capital Professional

cost of Project fees## received
(in Rs. crore) by the Applicant
(in Rs. crore)

(1)* (2) (3) (4) (5)

1
2
3
4
5

# The Applicant should provide details of only those assignments that have been
undertaken by it under its own name.

## Exchange rate should be taken as Rs.80 per US $ for conversion to Rupees.

Certificate from the Statutory Auditor

This is to certify that the information contained in Column 5 above is correct asper the
accounts of the Applicant and/ or the clients.

(Signature, name and designation of the authorised signatory)

Date: Name and seal of the audit firm:

62
 Form-7

Abstract of Eligible Assignments of Key Personnel

Name of Key Personnel: Designation:

S Name Name Estimatedcapital Name of Designation of Date of completion
No of of Client cost of Project firm the of assignment
Project (in Rs. crore) for which the Key Personnel
Key on the
Personnel assignment
worked
1 2 3 4 5 6 7
1
2
3
4
5

@ Use separate Form for each Key Personnel.

63
 Form-8

Eligible Assignments of Applicant

Assignment Name Country

Project Location within the Country Professional Staff

provided by your Firm/
Company
Name of Client No. of Staff

No. of Person Months

Start Date Completion Date Approx. Value of Services

Name of Associated Firms (s) if any No. of Professional Staff

Months provided by
Associated Firms(s)

Name of Senior Staff (Project Director/ Coordinator, Team Leader) involved and
functions
Performed

Detailed Narrative Description of Project

Detailed Description of Actual Services Provided by your Firm

Notes:
a. Use separate sheet for each Eligible Assignment.
b. Exchange rate should be taken as Rs.80 per US $ for converting to Rupees.

64
 Form-9
Eligible Assignments of Key Personnel
Assignment Name Country

Project Location within the Country Professional Staff

provided by your Firm/
Company
Name of Client No. of Staff

No. of Person Months

Start Date Completion Date Approx. Value of Services

Name of Associated Firms (s) if any No. of Professional Staff

Months provided by
Associated Firms(s)

Name of Senior Staff (Project Director/ Coordinator, Team Leader) involved and
functions Performed

Detailed Narrative Description of Project

Detailed Description of Actual Services Provided by your Firm

Notes:
1. Use separate sheet for each Eligible Assignment.
2. Exchange rate should be taken as Rs. 80 per US $ for converting in Indian
Rupees.

65
 Form-10

Curriculum Vitae (CV) of Professional Personnel

1. Name:
2. Position:
Photo 1. Date of
Birth:
2. Education:
3. Employment From To Company Position Held
Record

4. Brief Profile
5. Countries of
Work
Experience
6. Languages
7. Representative
Projects
Nature of Work:
Year:
Location:
Company:
Position Held:
Main Features:
Activities Performed:

Signature: Name:

Notes:
1) Use separate form for each Key Personnel / Professional Personnel.

66
 Form 11
Prebid Query Form
S. Page No/ Clause Query
No Clause no

67
 APPENDIX-II
Form 1
(FINANCIAL PROPOSAL
(On Applicant’s letter head)

(Date and Reference)

To,

The Under Secretary(IWT)

Ministry of Ports, Shipping & Waterways
Transport Bhawan, 1, Parliament Street,
New Delhi-110001

Sub: Engagement of Consultant for setting up a dedicated Program Management Cell

for Inland Waterway Transport within Ministry of Ports, Shipping and Waterways

Dear Sir,

I/ We, .......................... (Applicant’s name) herewith enclose the Financial Proposal

(inclusive of all expenses and taxes excluding GST) for selection of my/our firm as
Consultant for MOPSW.

I/ We agree that this offer shall remain valid for a period of 90 (Ninety) days from the
Proposal Due Date or such further period as may be mutually agreed upon.

The Financial Proposal is for Key personnel to be deployed as follows

S Role No. Expected Person- Unit

No deployment month amount
(in person- rate for 12
days per (INR months
month)* per (INR)
month)
1 Team Leader 2
2 India IWT/Business 4
Solutions & Traffic
Expert
3 International 2
IWT/Multimodal
Expert
4 Project Manager 11
5 Project Associate 1 22
(Project Monitoring)
6 Project Associate 2 22
 (Logistics/Business
Solutions)
7 Project Associate 3 22
(IWT/Shipping)
8 PPP Expert 1
9 HR Expert 1
10 Infrastructure Finance 1
Expert
11 Legal Expert 1
12 Regional cooperation 1
& trade facilitation
expert
13 Infrastructure 1
Development and
Strategic Planning
Expert
14 Procurement Expert 1
*Assuming 1 month = 22 days
Note: Expected deployment mentioned in the table shall not be mandatory and
may vary from month to month; it is only indicative for the purpose of uniformity
in financial bidding.

Total Financial Quote (Unit Amount) - Rs._____________________

(Rupees in words) ___________________________

Yours faithfully,

(Signature, name and designation of the authorised signatory)

Notes:
1. The Consultant shall quote the man-month rate as well as the unit amount payable
by considering the frequency of the key personnel to be deployed as indicated in the
Table above.
2. For arriving at the unit amount payable for each key personnel, the number of
working days shall be considered as 22 nos.
Therefore Unit Amount for key personnel = (Man-month Rate) ÷ 22 × Frequency
3. Keeping Manpower (7 personnel) as defined Appendix II fixed, Manpower
requirement beyond that can be increased or decreased according to the
requirement of MoPSW.
4. Project Associates will be allowed one day casual leave for every month worked
which can be accumulated.
5. In case of shortage of deployment of any key personnel for a particular month, pro
rata deduction based on unit amount will be done. Similarly is case any key
personnel is required to be deployed beyond the stipulated frequency, additional
payment will be done based on the unit amount quoted. MoPSW resrves the right to
reduce the frequency of deployment of key personnel depending on requirement
and in such case payments will be based on actuals.

6. The fee payable to the Consultant in accordance with the Financial Proposal, shall
cover the costs of telephone/ fax, photocopying, couriers and postage, collections
and deliveries, traveling expense, stationery, costs of support staff and counsel fee,
overheads, etc., including all taxes and duties except GST. No additional charges in
respect thereof shall be due or payable. The fees shall be limited to the amounts
indicated in the financial quote and no escalation on any account will be payable on
the above amounts during the agreement period.

7. In case the consultant is asked to continue the assignment beyond the

agreement period, 5 % increase in the unit amount for each key personnel
deployed will be paid for subsequent years over the amount paid during the
preceding year. The number of key personnel to be deployed by the Consultant will
be in accordance with the directions of MoPSW

8. All payments shall be made in Indian Rupees

The Consultant shall produce details of the key personnel deployed every month
duly countersigned by the Officer in Charge in MoPSW while submitting the
monthly invoices. Failure to deploy the Key personnel as stipulated will attract
penal charges of 20% of the unit amount of the relevant Key Personnel per
occasion. The consultant shall observe working days as per the calendar of the
Authority, however, in case of requirement it will be necessary to work during
weekends and Public Holidays.
 Appendix III

Format for Bank Guarantee (Performance Guarantee)

(As per the standard format of concerned bank)