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
- Terms of Reference
- Approach and Methodology
- 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
- Applicability
- Nomenclature Conundrum
- Conventions in the Model Tender Document
- The process to modify Custom fields in the generic Model Tender Document to suit your Organisation and a specific procurement
- Customise Model Tender Document to serve as a Model Tender Document for your Organisation.
- Customise Model Tender Document for a specific type of Tender Process . iv
- Modify Custom Fields in Model Tender Document (Both REOI and RFP separately) for a specific procurement
- Filling data for a specific procurement
- Disclaimer
- 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
COMMENTS