Model Tender Document for Procurement of Consultancy Services issued by Ministry of Finance, Department of Expenditure

Model Tender Document for Procurement of Consultancy Services issued by Ministry of Finance, Department of Expenditure

Model Tender Document
for
Procurement of
Consultancy Services

(Includes Guidance Note for Procuring Entities)

Government of India
Ministry of Finance
Department of Expenditure

Dr. T. V. Somanathan, I.A.S.
Finance Secretary

Government of India
Ministry of Finance
Department of Expenditure
North Block, New Delhi-110001
Tel. : 23092929, 23092663
Fax : 23092546

FOREWORD

Procurement of Consultancy Services by Government Departments has, in recent times, grown in importance. Consultancies allow the procuring entity to reap the benefits of recent innovations in the field of technology and management. Special selection methods like Quality and Cost Basis Selection and Fixed Budget Selection add to the complexity in procurement of consultancy services.

2. Government of India has, in recent past, taken several significant policy initiatives in public procurement. The General Financial Rules were revised comprehensively in March 2017. Manuals for Procurement of Goods, Consultancy & Other Services and Works have been revised in June 2022 to include all procurement related instructions issued by the Central Vigilance Commission.

3. Standardisation of tender documents promotes uniformity of interpretation, ease of implementation and increasing competition. Towards this objective, Department of Expenditure had issued two Model Tender Documents for Procurement of Goods and for Procurement of Non Consultancy Services on 29.10.2021. Through issue of this Model Tender Document (MTD) for Procurement of Consultancy Services, a gap which existed in the procurement of consultancy services is sought to be plugged.

4. This MTD is a guiding template. Ministries/ Departments are advised to suitably customise this document to suit their needs. Government e-Marketplace, Central Public Procurement Portal and other e-procurement portals are expected to host this MTD on their portals. In preparation of this MTD, extensive consultations were done in two stages with Ministries/ Departments/ Central Public Sector Undertakings (CPSUs), other organisations and individuals. This being the first edition, suggestions for further improvement are welcome.

5. I would like to acknowledge the lead taken by Shri Sanjay Aggarwal, Advisor (PPD), Shri Kanwalpreet, Director (PPD) and Shri Girish Bhatnagar, Consultant (Public Procurement) in the development of this Model Tender Document. | would also like to thank Ministries, Departments, other organisations and individuals who reviewed the drafts and provided valuable inputs.

6. I hope this Model Document will help the procuring officials as a guiding template and improve the ease of doing business with the Government.

Date: 21st April, 2023

(Dr. T. V. Somanathan)
Finance Secretary

Contents of this Model Tender Document have been divided into three Parts

Part A	Model Tender Document for Request for Expression of Interest
Part B	Model Tender Document for Request for Proposal
Part C	Guidance Note for Procuring Entities

PART – A

Model Tender Document
for
Request for Expression of Interest (REOI)

Table of Contents

PART I: REOI PROCESS

SECTION I: REQUEST FOR EXPRESSION OF INTEREST (REOI)

1. INVITATION

2. INSTRUCTIONS FOR EOI

2.1. Governing Language and Law
2.2. Acronyms
2.3. The Contents of the REOI document
2.4. Corrigenda/ Addenda to REOI document

3. PROCURING ENTITY – RIGHT TO REJECT ANY OR ALL EOIS

4. PARTICIPATION IN REOI – ELIGIBILITY CRITERIA

4.1. Eligibility Criteria
4.2. Eligibility of Consultants from Restricted countries
4.3. Sub-consultants/ Sub-contracting
4.4. Joint Venture/ Consortium (JV/C)
4.5. Conflict of Interest

5. PURCHASE PREFERENCE POLICIES OF THE GOVERNMENT

5.1. Relaxation in Prior Turnover and Experience to Startups

6. DOWNLOADING THE REOI DOCUMENT, CLARIFICATIONS AND PRE-EOI CONFERENCE

6.1. Availability and Downloading of the REOI Document
6.2. Clarifications
6.3. Pre-EOI Conference

7. PREPARATION OF EOIS

7.1. EOI Submission Formats:
7.2. EOI Validity

8. SIGNING AND UPLOADING OF EOIS

8.1. Relationship between Consultant and eProcurement portal
8.2. Signing of EOI
8.3. Submission/ uploading of EOIs.
8.4. Modification, Resubmission and Withdrawal of EOIs

9. EOI OPENING

10. EVALUATION OF EOIS AND SHORTLISTING OF CONSULTANTS

10.1. General norms
10.2. Evaluation of EOIs and Shortlisting
10.3. Publication of RFP following this EOI

11. GRIEVANCE REDRESSAL/ COMPLAINT PROCEDURE

12. CODE OF INTEGRITY IN PUBLIC PROCUREMENT, MISDEMEANOURS AND PENALTIES:

SECTION II: APPENDIX 

SECTION III: QUALIFICATION CRITERIA

PART II: SCHEDULE OF REQUIREMENTS 

SECTION IV: TERMS OF REFERENCE (TOR) 

PART III: EOI SUBMISSION FORMATS 

FORM 1: EOI FORM (COVERING LETTER)

FORM 1.1: CONSULTANT INFORMATION
FORM 1.2: ELIGIBILITY DECLARATIONS

FORM 2: QUALIFICATION CRITERIA – COMPLIANCE

FORM 2.1: PERFORMANCE CAPABILITY STATEMENT
FORM 2.2 FINANCIAL CAPABILITY STATEMENTS

Form 2.2.1: Financial Statements
Form 2.2.2: Average Annual Turnover

FORM 3: CHECKLIST FOR CONSULTANTS

FORMAT 1: AUTHORISATION TO ATTEND PRE-EOI CONFERENCE

PART – B

Model Tender Document
for
Request for Proposal (REP)

Table of Contents

SECTION I: REQUEST FOR PROPOSAL LETTER (RFPL)

1. Request for Proposal Letter (RFPL)

2. The RFP Document

2.1. Consultants must read the complete ‘RFP Document’.
2.2. Availability of the RFP Document
2.3. Clarifications

3. Eligibility and Qualification Criteria for Participation in this RFP

4. Purchase Policies of the Government

4.1. Relaxation in Prior Turnover and Experience to Startups

5. Pre-Proposal Conference:

6. Submission of Proposals:

7. Proposal Opening

APPENDIX TO RFPL: TENDER INFORMATION SUMMARY (TIS) 

SECTION II: INSTRUCTIONS TO CONSULTANTS (ITC) 

1. The RFP Document

1.1. Basic Tender Details
1.2. Interpretations, Definitions, Abbreviations and Document Conventions
1.3. Overview of Contents
1.4. Sections of the RFP Document
1.5. Forms (To be filled, digitally signed, and uploaded by Consultants)
1.6. Other Formats

2. Procuring Entity – Rights and Disclaimers

2.1. The Procuring Entity
2.2. Right to Intellectual Property and confidentiality:
2.3. Right to Reject any or all Proposals
2.4. Disclaimers

3. Consultants – Participation in this RFP process

3.1. Eligibility to Participate
3.2. Conflict of Interest

4. The Terms of Reference (TOR) and Form of Contract

4.1. Facilities to be provided by the Procuring Entity
4.2. Forms of BOQ/ Contract and Selection Methods
4.3. Inputs of Key Experts

5. Proposal Prices, Taxes and Duties

5.1. Prices
5.2. Firm/ Variable Price
5.3. Taxes
5.4. Payments

6. Downloading the RFP Document; Corrigenda and Clarifications

6.1. Downloading the RFP Document
6.2. Corrigenda/ Addenda to RFP Document
6.3. Clarification of the RFP Document

7.  Pre-Proposal Conference

8. Preparation of Proposals

8.1. The Proposal
8.2. Documents comprising the Proposal:
8.3. Proposal Validity
8.4. Bid Security – Related Documents

9. Signing and Uploading Proposals

9.1. Relationship between Consultant and eProcurement Portal
9.2. Signing of Proposal
9.3. Submission/ uploading of Proposals
9.4. Modification, Resubmission and Withdrawal of Proposals

10. Proposal Opening

11. Evaluation of Proposals and Award of Contract

11.1. General norms
11.2. Evaluation of Proposals
11.3. Techno-commercial Evaluation
11.4. Financial Proposals Evaluation and Ranking of Proposals

12. Contract Negotiation

12.1. Invitation to Negotiate
12.2. Verification of Original Documents
12.3. Availability of Key Experts:
12.4. Technical Negotiations
12.5. Financial Negotiations
12.6. Conclusion of Negotiations

13. Award of Contract

13.1. Letter of Award (Acceptance – LoA) and Signing of Contract

14. Grievance Redressal/ Complaint Procedure
15. Code of Integrity in Public Procurement, Misdemeanours and Penalties:

SECTION III: APPENDIX TO INSTRUCTIONS TO CONSULTANTS (AITC)

SECTION IV: GENERAL CONDITIONS OF CONTRACT (GCC)

1. General

1.1. Tenets of Interpretation
1.2. Definitions
1.3. Document Conventions
1.4. Abbreviations:

2. The Contract

2.1. Language of Contract
2.2. The Entire Agreement
2.3. Severability
2.4. Relationship between Parties
2.5. Contract Documents and their Precedence
2.6. Modifications/ Amendments, Waivers and Forbearances

3. Governing Laws and Jurisdiction

3.1. Governing Laws and Jurisdiction
3.2. Changes in Laws and Regulations

4. Communications

4.1. Communications
4.2. Persons signing the Communications
4.3. Address of the parties for sending communications by the other party.

5. Consultant’s Obligations and restrictions on its Rights

5.1. Changes in Constitution/ financial stakes/ responsibilities of a Contract’s Business
5.2. Obligation to Maintain Eligibility and Qualifications
5.3. Restriction on Potential Conflict of Interests
5.4. Consequences of breach by Constituents of a Consultant
5.5. Assignment and Sub-contracting
5.6. Obligation to Indemnify Procuring Entity
5.7. Confidentiality, Secrecy and Property and IPR Rights
5.8. Performance Bond/ Security
5.9. Permits, Approvals and Licenses
5.10. Insurances
5.11. Accounting, Inspection and Auditing
5.12. Book Examination Clause
5.13. Legal Compliance
5.14. Custody and Return of the Procuring Entity’s Assets loaned to Consultant

6. Procuring Entity’s Obligations

6.1. Assistance by the Procuring Entity
6.2. Facilities to be provided by the Procuring Entity
6.3. Counterpart Personnel
6.4. Payment Obligation

7. Scope of Services and Performance Standards

7.1. Scope of Services
7.2. Eligible Services

8. Deployment of Resources

8.1. Site and Assets thereon
8.2. Key and Non-key Personnel
8.3. Equipment and Tools of Trade

9. Delivery of Services and delays

9.1. Works plan
9.2. Commencement of Services
9.3. Contract Management
9.4. Delivery of services, Time of Delivery and Extensions Thereof
9.5. Damages and Deductions Thereof
9.6. Force Majeure

10. Prices and Payments

10.1. Prices
10.2. Taxes and Duties
10.3. Terms and Mode of Payment
10.4. Withholding and lien in respect of sums claimed:
10.5. Payments to Consultant
10.6. Suspension of Payments
10.7. Payment Against Time-Barred Claims
10.8. Commissions and Fees

11. Resolution of Disputes

11.1. Disputes and Excepted Matters
11.2. Excepted Matters
11.3. Adjudication
11.4. Conciliation of disputes
11.5. Arbitration Agreement

12. Defaults, Breaches, Termination, and closure of Contract

12.1. Termination due to Breach, Default, and Insolvency
12.2. Termination for Default/ Convenience of Procuring Entity or Frustration of Contract
12.3. Closure of Contract

13. Code of Integrity in Public Procurement; Misdemeanours and Penalties

13.1. Code of Integrity
13.2. Obligations for Proactive Disclosures:
13.3. Misdemeanours
13.4. Penalties for Misdemeanours

SECTION V: SPECIAL CONDITIONS OF CONTRACT (SCC)

SECTION VI: TERMS OF REFERENCE

Section VI-A: List of Key Experts and Required Qualifications:

SECTION VII: EVALUATION/ SCORING CRITERIA

BIDDING FORMS

TECHNICAL PROPOSAL

FORM T-1: PROPOSAL FORM (COVERING LETTER)

FORM T-1A: CONSULTANT’S COMMERCIAL INFORMATION

FORM T-2: CONSULTANT’S ORGANISATION AND EXPERIENCE

FORM T-3: COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE, COUNTERPART STAFF, AND FACILITIES TO BE PROVIDED BY THE PROCURING ENTITY

FORM T-4: DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN IN RESPONDING TO THE TERMS OF REFERENCE

FORM T-5: WORK SCHEDULE AND PLANNING FOR DELIVERABLES

FORM T-6: TEAM COMPOSITION, ASSIGNMENT, AND KEY EXPERTS’ INPUTS

Annex to Form T-6: Key Expert Curriculum Vitae (CV)

FORM T-7: TERMS AND CONDITIONS – COMPLIANCE

FORM T-8: CHECKLIST FOR CONSULTANTS

FORM T-9A: BANK GUARANTEE FORMAT FOR EARNEST MONEY DEPOSIT

FORM T-9B: BID SECURING DECLARATION

FORM T-10: INTEGRITY PACT

FORMATS

FORMAT 1: CONTRACT FORM

APPENDIX A: DESCRIPTION OF SERVICES

1. Terms of Reference
2. Approach and Methodology
3. Work Schedule and Planning for Deliverables

APPENDIX B: KEY EXPERTS

APPENDIX C – REMUNERATION COST ESTIMATES

Annex to Appendix C: Breakdown of Agreed Fixed Rates in Consultant’s Contract

APPENDIX D – REIMBURSABLE EXPENSES COST ESTIMATES

APPENDIX E-1: BANK GUARANTEE FORMAT FOR PERFORMANCE SECURITY

APPENDIX E-2: BANK GUARANTEE FORMAT FOR ADVANCE PAYMENT

FORMAT 2: CERTIFICATION BY PROSPECTIVE ARBITRATORS

FORMAT 3: AUTHORIZATION TO ATTEND PRE-PROPOSAL CONFERENCE

PART – C

Guidance Note for Procuring Entities

Table of Contents

GUIDANCE NOTE FOR PROCURING ENTITY

PROCUREMENT OF CONSULTANCY SERVICES

1. Applicability
2. Nomenclature Conundrum
3. Conventions in the Model Tender Document
4. The process to modify Custom fields in the generic Model Tender Document to suit your Organisation and a specific procurement
5. Customise Model Tender Document to serve as a Model Tender Document for your Organisation.
6. Customise Model Tender Document for a specific type of Tender Process . iv
7. Modify Custom Fields in Model Tender Document (Both REOI and RFP separately) for a specific procurement
8. Filling data for a specific procurement
9. Disclaimer
10. Compliance with Government Policies/ Orders

SAMPLE 1: TIME-BASED (INPUT ADMEASUREMENT) BOQ

Form F-1 Summary of Costs
Form F-2 Remuneration Cost
Form F-3 Reimbursable Expenses Summary

SAMPLE 2 UNIT-RATE (OUTPUT ADMEASUREMENT) BOQ

SAMPLE 3 LUMP-SUM BOQ

SAMPLE 4 PERCENTAGE-BASED BOQ

Click to view/download full PDF

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