Edited by C. F (Aug 10, 2011) t For submission to HOPs ......6. Eligibility 6.1 The Client permits...

Edited by C. F (Aug 10, 2011) – For submission to HOPs (July 28, 2011)

STANDARD PROCUREMENT DOCUMENTS

Standard Request for Proposals

Empanelment of Consultants

National Skill Development Corporation

4th June 2019


ii | P a g e

1. EMPANELMENT OF CONSULTANT REQUEST

FOR PROPOSALS

Empanelment of Consultants for Desk Assessment and Physical Inspection of ‘Training Providers and Training Centres’ for Accreditation & Affiliation and Continuous Monitoring.

Department: Centre Accreditation, NSDC

Issued on: 4th June 2019


iii | P a g e

CLAUSES

National Skill Development Corporation .................................................................................... i

1. REQUEST FOR PROPOSALS .............................................................................................. ii

PART I ........................................................................................................................................ 1

Section 1. Letter of Invitation .................................................................................................. 1

Section 2. Instructions to Consultants and Data Sheet ............................................................ 3

A. General Provisions ............................................................................................................... 3

1. Definitions ..................................................................................................................... 3

2. Introduction .................................................................................................................. 4

3. Conflict of Interest ........................................................................................................ 5

4. Unfair Competitive Advantage ..................................................................................... 6

5. Corrupt and Fraudulent Practices ................................................................................. 6

6. Eligibility ........................................................................................................................ 6

B. Preparation of Proposals ..................................................................................................... 8

7. General Considerations........................................................................................ 8

8. Cost of Preparation of Proposal ........................................................................... 8

9. Language .............................................................................................................. 8

10. Documents Comprising the Proposal .................................................................. 8

11. Only One Proposal ............................................................................................... 9

12. Proposal Validity .................................................................................................. 9

13. Clarification and Amendment of RFP ................................................................. 10

14. Preparation of Proposals – Specific Considerations .......................................... 11

15. Technical Proposal Format and Content ........................................................... 11

16. Financial Proposal .............................................................................................. 11

C. Submission, Opening and Evaluation ................................................................................ 12

17. Submission, Sealing, and Marking of Proposals ................................................ 12

18. Confidentiality .................................................................................................... 13

19. Opening of Technical Proposals ......................................................................... 14

20. Proposals Evaluation .......................................................................................... 14

21. Evaluation of Technical Proposals ..................................................................... 14

22. Financial Proposals for QBS ............................................................................... 15

23. Public Opening of Financial Proposals (for QCBS, FBS, and LCS methods)........ 15

24. Correction of Errors ........................................................................................... 15

25. Taxes .................................................................................................................. 16

26. Conversion to Single Currency ........................................................................... 16

27. Combined Quality and Cost Evaluation ............................................................. 16

D. Negotiations and Award .................................................................................................... 17

Master Document for Empanelment of

Consultants

iv | P a g e

28. Negotiations ....................................................................................................... 17

29. Conclusion of Negotiations ................................................................................ 18

30. Award of Contract .............................................................................................. 18

E. Data Sheet .......................................................................................................................... 19

Section 3. Technical Proposal – Standard Forms ................................................................... 27

1. Checklist of Required Forms .....................................................................................

2. Form TECH-1 ......................................................................................................... 28

3. Form TECH-2 ......................................................................................................... 31

4. Form TECH-3 ......................................................................................................... 33

5. Form TECH-4 .............................................................................................................

6. Form TECH-5 ......................................................................................................... 34

7. Form TECH-6 .............................................................................................................

Section 4. Financial Proposal - Standard Forms ..................................................................... 37

Section 5 .................................................................................................................................. 42

Section 6. NSDC Policy – Corrupt and Fraudulent Practices .................................................. 44

Section 7. Terms of Reference ............................................................................................... 45

Section 8. Tentative Contract terms ……………………………………………………….52

1 | P a g e

PART I

Section 1. Letter of Invitation

To, All Prospective Bidders

Dear Mr. /Ms.:

1. National Skill Development Corporation (NSDC), the client, invites proposals to provide the

following consulting services (hereinafter called “Services”): “Empanelment of

Consultants for Desk Assessment and Physical Inspection of ‘Training Providers and Training Centres’ for Accreditation & Affiliation and Continuous Monitoring” More

details on the Services are provided in the Terms of Reference (Section 7).

2. It is not permissible to transfer this invitation to any other firm.

3. A firm will be selected under Least Cost Selection (LCS) procedures and in Full

Technical Proposal (FTP) format as described in this RFP, in accordance with NSDC

Procurement Guidelines.

4. The RFP includes the following documents:

Section 1 - Letter of Invitation

Section 2 - Instructions to Consultants and Data Sheet

Section 3 – Full Technical Proposal (FTP) - Standard Forms

Section 4 - Financial Proposal - Standard Forms

Section 5 – Proposal Securing Declaration

Section 6 – NSDC – Corrupt and Fraudulent Practices

Section 7 - Terms of Reference

Section 8 - Standard Forms of Contract

5. Details on the proposal’s submission date, time and address are provided in Clauses 17.7

and 17.9 of the ITC.

Yours sincerely,

Procurement, NSDC

Email:[email protected]

Website: www.nsdcindia.org

mailto:[email protected]

http://www.nsdcindia.org/

3 | P a g e

Section 2. Instructions to Consultants and Data Sheet

A. General Provisions

1. Definitions (a) “Affiliate(s)” means an individual or an entity that directly or indirectly controls, is controlled by, or is under common

control with the Consultant.

(b) “Applicable Guidelines” means the policies of NSDC

governing the empanelment and Contract award process

as set forth in this RFP.

(c) “Applicable Law” means the laws of India.

(d) “Client” means NSDC which shall sign the Contract for the

Services with the selected Consultant.

(e) “Consultant” means a legally-established professional

consulting firm or an entity that may provide or provides

the Services to the Client under the Contract.

(f) “Contract” means a legally binding written agreement signed between the Client and the Consultant and

includes all the attached documents listed in its Clauses.

(g) “Data Sheet” means an integral part of the Instructions to Consultants (ITC) Section 2 that is used to reflect specific

country and assignment conditions to supplement, but

not to over-write, the provisions of the ITC.

(h) “Day” means a calendar day.

(i) “Experts” means, collectively, Key Experts, Non-Key

Experts, or any other personnel of the Consultant, Sub-

consultant or Joint Venture member(s).

(j) “Joint Venture (JV)” means an association with or without a legal personality distinct from that of its members, of

more than one Consultant where one member has the

authority to conduct all business for and on behalf of any

and all the members of the JV, and where the members of

the JV are jointly and severally liable to the Client for the

performance of the Contract.

(k) “Key Expert(s)” means an individual professional whose skills, qualifications, knowledge and experience are critical

Section 2. Instructions to Consultants

4 | P a g e

to the performance of the Services under the Contract and

whose CV is taken into account in the technical evaluation

of the Consultant’s proposal.

(l) “ITC” (this Section 2 of the RFP) means the Instructions to

Consultants that provides the shortlisted Consultants with

all information needed to prepare their Proposals.

(m) “LOI” (this Section 1 of the RFP) means the Letter of

Invitation being sent by the Client to the shortlisted

Consultants.

(n) “Non-Key Expert(s)” means an individual professional provided by the Consultant or its Sub-consultant and who

is assigned to perform the Services or any part thereof

under the Contract and whose CVs are not evaluated

individually.

(o) “Proposal” means the Technical Proposal and the Financial Proposal of the Consultant.

(p) “RFP” means the Request for Proposals to be prepared by the Client for the empanelment of Consultants, based on

the SRFP.

(q) “SRFP” means the Standard Request for Proposals, which must be used by the Client as the basis for the preparation

of the RFP.

(r) “Services” means the work to be performed by the Consultant pursuant to the Contract.

(s) “Sub-consultant” means an entity to whom the Consultant

intends to subcontract any part of the Services while

remaining responsible to the Client during the

performance of the Contract.

(t) “TORs” (this Section 7 of the RFP) means the Terms of

Reference that explain the objectives, scope of work,

activities, and tasks to be performed, respective

responsibilities of the Client and the Consultant, and

expected results and deliverables of the assignment.

2. Introduction 2.1 The Client named in the Data Sheet intends to select a

Consultant in accordance with the method of empanelment

specified in the Data Sheet.


5 | P a g e

2.2 The shortlisted Consultants are invited to submit a

Technical Proposal and a Financial Proposal, or a Technical

Proposal only, as specified in the Data Sheet, for consulting

services required for the assignment named in the Data Sheet. The

Proposal will be the basis for negotiating and ultimately signing the

Contract with the selected Consultant.

2.3 The Consultants should familiarize themselves with the

local conditions and take them into account in preparing their

Proposals, including attending a pre-proposal conference if one is

specified in the Data Sheet. Attending any such pre-proposal

conference is optional and is at the Consultants’ expense.

2.4 The Client will timely provide, at no cost to the Consultants,

the inputs, relevant project data, and reports required for the

preparation of the Consultant’s Proposal as specified in the Data

Sheet.

3. Conflict of Interest

3.1 The Consultant is required to provide professional,

objective, and impartial advice, at all times holding the Client’s interests paramount, strictly avoiding conflicts with other

assignments or its own corporate interests, and acting without any

consideration for future work.

3.2 The Consultant has an obligation to disclose to the Client

any situation of actual or potential conflict that impacts its capacity

to serve the best interest of its Client. Failure to disclose such

situations may lead to the disqualification of the Consultant or the

termination of its Contract and/or sanctions by NSDC.

3.2.1 Without limitation on the generality of the

foregoing, the Consultant shall not be hired under the

circumstances set forth below:

a. Conflicting

activities

(i) Conflict between consulting activities and procurement

of goods, works or non-consulting services: a firm that

has been engaged by the Client to provide goods, works,

or non-consulting services for a project, or any of its

Affiliates, shall be disqualified from providing consulting

services resulting from or directly related to those

goods, works, or non-consulting services. Conversely, a

firm hired to provide consulting services for the

preparation or implementation of a project, or any of its

Affiliates, shall be disqualified from subsequently

providing goods or works or non-consulting services


6 | P a g e

resulting from or directly related to the consulting

services for such preparation or implementation.

b. Conflicting

assignments

(ii) Conflict among consulting assignments: a Consultant

(including its Experts and Sub-consultants) or any of its

Affiliates shall not be hired for any assignment that, by

its nature, may be in conflict with another assignment of

the Consultant for the same or for another Client.

c. Conflicting

relationships

(iii) Relationship with the Client’s staff: a Consultant

(including its Experts and Sub-consultants) that has a

close business or family relationship with a professional

staff of NSDC who are directly or indirectly involved in

any part of (i) the preparation of the Terms of Reference

for the assignment, (ii) the empanelment process for the

Contract, or (iii) the supervision of the Contract, may not

be awarded a Contract, unless the conflict stemming

from this relationship has been resolved in a manner

acceptable to NSDC throughout the empanelment

process and the execution of the Contract.

4. Unfair

Competitive

Advantage

4.1 Fairness and transparency in the empanelment process

require that the Consultants or their Affiliates competing for a

specific assignment do not derive a competitive advantage from

having provided consulting services related to the assignment in

question.

5. Corrupt and

Fraudulent

Practices

5.1 The Client requires compliance with its policy regarding corrupt

and fraudulent practices as set forth in Section 6.

5.2 In further pursuance of this policy, Consultants shall permit and

shall cause their agents, Experts, Sub-consultants, sub-contractors,

services providers, or suppliers to permit NSDC to inspect all

accounts, records, and other documents relating to the submission

of the Proposal and contract performance (in case of an award),

and to have them audited by auditors appointed by NSDC.

6. Eligibility 6.1 The Client permits consultants registered and operating in

India to offer consulting services for NSDC-financed projects. Joint

Ventures, Sub-consultants, agents (declared or not), sub-

contractors, are not allowed for this assignment.

6.2 Furthermore, it is the Consultant’s responsibility to ensure that its Experts meet the eligibility requirements as established by

NSDC in this RFP and the Applicable Guidelines.


7 | P a g e

6.3 Two or more Firms belonging to the same Group shall be

considered as one Firm. Two Firms shall be considered belonging

to the same Group if at least 50% of the right to take decision and

/ or right to share profit of one Firm vests directly or indirectly with

(whether immediate or ultimate):

other Firm; or

same person (natural or juridical); or

same group of persons (natural and / or juridical)

Further, in case of more than two Firms, the connection between

two Firms may also be determined based on their connection with

other Firms in the Group e.g. in case of three Firms – Firm A, Firm

B and Firm C; if it is established based on either of the criteria as

mentioned above in respect of the holding of at least 50% of the

right to take decision and / or right to share profit that:

Firm A and Firm B belong to the same Group; and

Firm B and Firm C belong to the same Group.

Based on above, Firm A and Firm C shall also be considered as

belonging to the same Group due to their respective connection

with Firm B, even though none of the criteria in respect of the

holding of at least 50% of the right to take decision and / or right

to share profit is fulfilled between Firm A and Firm C.

a. Sanctions 6.3.1 A firm or an individual sanctioned by NSDC in accordance

with the above Clause 5.1 shall be ineligible to be awarded a NSDC-

financed contract, or to benefit from a NSDC-financed contract,

financially or otherwise, during such period of time as NSDC shall

determine.

b. Prohibitions Not used

c. Restrictions for

Government-

owned Enterprises

6.3.3 Government-owned enterprises or institutions in the Client’s country shall be eligible only if they can establish that they (i) are

legally and financially autonomous, (ii) operate under commercial

law, and (iii) that they are not dependent agencies of the Client or

the Ministry of Skill Development and Entrepreneurship.

To establish eligibility, the government-owned enterprise or

institution should provide all relevant documents (including

its charter) sufficient to demonstrate that it is a legal entity

separate from the government; it does not currently receive

any substantial subsidies or budget support; it is not

obligated to pass on its surplus to the government; it can

acquire rights and liabilities, borrow funds, and can be liable


8 | P a g e

for repayment of debts and be declared bankrupt; and it is

not competing for a contract to be awarded by the

government department or agency which, under the

applicable laws or regulations, is its reporting or supervisory

authority or has the ability to exercise influence or control

over it.

d. Restrictions for

public employees

6.3.4 Government officials and civil servants of India are not

eligible to be included as Experts in the Consultant’s Proposal unless such engagement does not conflict with any employment

or other laws, regulations, or policies of the India, and they

(i) are on leave of absence without pay, or have resigned or

retired;

(ii) are not being hired by the same agency they were

working for before going on leave of absence without pay,

resigning, or retiring

(iii) their hiring would not create a conflict of interest.

B. Preparation of Proposals

7. General

Considerations

7.1 In preparing the Proposal, the Consultant is expected to

examine the RFP in detail. Material deficiencies in providing the

information requested in the RFP may result in rejection of the

Proposal.

8. Cost of

Preparation of

Proposal

8.1 The Consultant shall bear all costs associated with the

preparation and submission of its Proposal, and the Client shall not

be responsible or liable for those costs, regardless of the conduct

or outcome of the empanelment process. The Client is not bound

to accept any proposal, and reserves the right to annul the

empanelment process at any time prior to Contract award,

without thereby incurring any liability to the Consultant.

9. Language 9.1 The Proposal, as well as all correspondence and documents

relating to the Proposal exchanged between the Consultant and

the Client, shall be written in the language(s) specified in the Data

Sheet.

10. Documents

Comprising

the Proposal

10.1 The Proposal shall comprise the documents and forms

listed in the Data Sheet.

10.2 If specified in the Data Sheet, the Consultant shall include

a statement of an undertaking of the Consultant to observe, in


9 | P a g e

competing for and executing a contract, the Client country’s laws against fraud and corruption (including bribery).

11. Only One

Proposal

11.1 The Consultant (including the individual members of any

Joint Venture) shall submit only one Proposal, either in its own

name or as part of a Joint Venture in another Proposal. If a

Consultant, including any Joint Venture member, submits or

participates in more than one proposal, all such proposals shall be

disqualified and rejected. This does not, however, preclude a Sub-

consultant, or the Consultant’s staff from participating as Key

Experts and Non-Key Experts in more than one Proposal when

circumstances justify and if stated in the Data Sheet.

12. Proposal

Validity

12.1 The Data Sheet indicates the period during which the

Consultant’s Proposal must remain valid after the Proposal

submission deadline.

12.2 During this period, the Consultant shall maintain its

original Proposal without any change, including the availability of

the Key Experts, the proposed rates and the total price.

12.3 If it is established that any Key Expert nominated in the

Consultant’s Proposal was not available at the time of Proposal submission or was included in the Proposal without his/her

confirmation, such Proposal shall be disqualified and rejected for

further evaluation, and may be subject to sanctions in accordance

with Clause 5 of this ITC.

a. Extension of

Validity Period

12.4 The Client will make its best effort to complete the

negotiations within the proposal’s validity period. However,

should the need arise, the validity will automatically extend by 180

days more.

12.5 It shall be done without any change in the original Proposal

and with the confirmation of the availability of the Key Experts.

12.6 Not applicable

b. Substitution of

Key Experts at

Validity Extension

12.7 If any of the Key Experts become unavailable for the

extended validity period, the Consultant shall provide a written

adequate justification and evidence satisfactory to the Client

together with the substitution request. In such case, a

replacement Key Expert shall have equal or better qualifications

and experience than those of the originally proposed Key Expert.


10 | P a g e

The technical evaluation score, however, will remain to be based

on the evaluation of the CV of the original Key Expert.

12.8 If the Consultant fails to provide a replacement Key Expert

with equal or better qualifications, or if the provided reasons for

the replacement or justification are unacceptable to the Client,

such Proposal will be rejected.

c. Sub-Contracting 12.9 The Consultant shall not subcontract any part or the whole

of the Services.

12.10 A consultant is required to submit a Proposal Securing

Declaration as per the format provided in section 5 of the RFP. A

Proposal Securing Declaration be executed:

(i) if a consultant withdraws its proposal during the period of

proposal validity specified by the consultant in its

proposal. or any extension thereto provided by the

consultant; or

(ii) if the successful consultant fails to sign the Contract.

12.11 The Proposal-Securing Declaration of a JV must be in the

name of the JV that submits the Proposal. If the JV has not been

legally constituted into a legally enforceable JV at the time of

Bidding, the Proposal-Securing Declaration shall be in the names

of all future members as named in the Tech – 1 Form.

12.12 The Client may, if provided for in the Data Sheet, declare

the consultant ineligible to be awarded a contract by the Client for

a period of time as stated in the Data Sheet.

13. Clarification

and

Amendment

of RFP

13.1 The Consultant may request a clarification of any part of

the RFP during the period indicated in the Data Sheet before the

Proposals’ submission deadline. Any request for clarification must be sent in writing, by email, to the Client’s address indicated in the Data Sheet. The Client will respond in writing, by email, and will

send written copies of the response (including an explanation of

the query but without identifying its source) to all shortlisted

Consultants. Should the Client deem it necessary to amend the RFP

as a result of a clarification, it shall do so following the procedure

described below:

13.1.1 At any time before the proposal submission

deadline, the Client may amend the RFP by issuing an

amendment in writing or by standard electronic means. The

amendment shall be sent to all shortlisted Consultants and


11 | P a g e

will be binding on them. The shortlisted Consultants shall

acknowledge receipt of all amendments in writing.

13.1.2 If the amendment is substantial, the Client may

extend the proposal submission deadline to give the

shortlisted Consultants reasonable time to take an

amendment into account in their Proposals.

13.2 The Consultant may submit a modified Proposal or a

modification to any part of it at any time prior to the proposal

submission deadline. No modifications to the Technical or

Financial Proposal shall be accepted after the deadline.

14. Preparation of

Proposals –

Specific

Considerations

Not used

15. Technical

Proposal

Format and

Content

15.1 The Technical Proposal shall not include any financial

information. A Technical Proposal containing material financial

information shall be declared non-responsive.

15.1.1 Consultant shall not propose alternative Key

Experts. Only one CV shall be submitted for each Key Expert

position. Failure to comply with this requirement will make

the Proposal non-responsive.

15.2 Depending on the nature of the assignment, the Consultant

is required to submit as indicated in the Data Sheet and using the

Standard Forms provided in Section 3 of the RFP.

16. Financial

Proposal

16.1 The Financial Proposal shall be prepared using the

Standard Forms provided in Section 4 of the RFP. It shall list all

costs associated with the assignment, including (a)Costing for

deliverables, indicated in the Data Sheet.

a. Price

Adjustment

16.2 Not Applicable

b. Taxes 16.3 The Consultant and its Sub-consultants and Experts are

responsible for meeting all tax liabilities arising out of the Contract

unless stated otherwise in the Data Sheet. Information on taxes is

provided in the Data Sheet.

c. Currency of

Proposal

16.4 The Consultant may express the price for its Services in the

currency or currencies as stated in the Data Sheet. If indicated in

the Data Sheet, the portion of the price representing local cost

shall be stated in the national currency.


12 | P a g e

d. Currency of

Payment

16.5 Payment under the Contract shall be made in the currency

or currencies in which the payment is requested in the Proposal.

C. Submission, Opening and Evaluation

17. Submission,

Sealing, and

Marking of

Proposals

17.1 The Consultant shall submit a signed and complete

Proposal comprising the documents and forms in accordance

with Clause 10 (Documents Comprising Proposal). The

submission can be done by mail or by hand. If specified in the

Data Sheet, the Consultant has the option of submitting its

Proposals electronically.

17.2 An authorized representative of the Consultant shall

sign the original submission letters in the required format for

both the Technical Proposal and, if applicable, the Financial

Proposal and shall initial all pages of both. The authorization

shall be in the form of a written power of attorney attached to

the Technical Proposal.

17.2.1 A Proposal submitted by a Joint Venture shall be

signed by all members so as to be legally binding on all

members, or by an authorized representative who has a

written power of attorney signed by each member’s authorized representative.

17.3 Any modifications, revisions, interlineations, erasures,

or overwriting shall be valid only if they are signed or initialed

by the person signing the Proposal.

17.4 The signed Proposal shall be marked “ORIGINAL”, and its copies marked “COPY” as appropriate. The number of copies is

indicated in the Data Sheet. All copies shall be made from the

signed original. If there are discrepancies between the original

and the copies, the original shall prevail.

17.5 The original and all the copies of the Technical Proposal

shall be placed inside of a sealed envelope clearly marked

“TECHNICAL PROPOSAL”, “[Name of the Assignment]“, reference number, name and address of the Consultant, and with a

warning “DO NOT OPEN UNTIL [INSERT THE DATE AND THE TIME OF THE

TECHNICAL PROPOSAL SUBMISSION DEADLINE].”

17.6 Similarly, the original Financial Proposal (if required for

the applicable empanelment method) shall be placed inside of

a sealed envelope clearly marked “FINANCIAL PROPOSAL” followed


13 | P a g e

by the name of the assignment, reference number, name and

address of the Consultant, and with a warning “DO NOT OPEN

WITH THE TECHNICAL PROPOSAL.”

17.7 The sealed envelopes containing the Technical and

Financial Proposals shall be placed into one outer envelope and

sealed. This outer envelope shall bear the submission address,

RFP reference number, the name of the assignment,

Consultant’s name and the address, and shall be clearly marked

“DO NOT OPEN BEFORE [insert the time and date of the submission

deadline indicated in the Data Sheet]”.

17.8 If the envelopes and packages with the Proposal are not

sealed and marked as required, the Client will assume no

responsibility for the misplacement, loss, or premature opening

of the Proposal.

17.9 The Proposal or its modifications must be sent to the

address indicated in the Data Sheet and received by the Client

no later than the deadline indicated in the Data Sheet, or any

extension to this deadline. Any Proposal or its modification

received by the Client after the deadline shall be declared late

and rejected, and promptly returned unopened.

18. Confidentiality 18.1 From the time the Proposals are opened to the time the

Contract is awarded, the Consultant should not contact the

Client on any matter related to its Technical and/or Financial

Proposal. Information relating to the evaluation of Proposals

and award recommendations shall not be disclosed to the

Consultants who submitted the Proposals or to any other party

not officially concerned with the process, until the publication

of the Contract award information.

18.2 Any attempt by shortlisted Consultants or anyone on

behalf of the Consultant to influence improperly the Client in

the evaluation of the Proposals or Contract award decisions

may result in the rejection of its Proposal.

18.3 Notwithstanding the above provisions, from the time of

the Proposals’ opening to the time of Contract award

publication, if a Consultant wishes to contact the Client on any

matter related to the empanelment process, it should do so

only in writing.


14 | P a g e

19. Opening of

Technical

Proposals

19.1 The Client’s evaluation committee shall conduct the

opening of the Technical Proposals in the presence of the

shortlisted Consultants’ authorized representatives who choose to attend (in person, or online if this option is offered in the

Data Sheet). The opening date, time and the address are stated

in the Data Sheet. The envelopes with the Financial Proposal

shall remain sealed and shall be securely stored with a

reputable public auditor or independent authority until they are

opened in accordance with Clause 23 of the ITC.

19.2 At the opening of the Technical Proposals the following

shall be read out: (i) the name and the country of the Consultant

or, in case of a Joint Venture, the name of the Joint Venture, the

name of the lead member and the names and the countries of

all members; (ii) the presence or absence of a duly sealed

envelope with the Financial Proposal; (iii) any modifications to

the Proposal submitted prior to proposal submission deadline;

and (iv) any other information deemed appropriate or as

indicated in the Data Sheet.

20. Proposals

Evaluation

20.1 Subject to provision of Clause 15.1 of the ITC, the

evaluators of the Technical Proposals shall have no access to the

Financial Proposals until the technical evaluation is concluded

and necessary approvals have been obtained to open the

financial proposals.

20.2 The Consultant is not permitted to alter or modify its

Proposal in any way after the proposal submission deadline

except as permitted under Clause 12.7 of this ITC. While

evaluating the Proposals, the Client will conduct the evaluation

solely on the basis of the submitted Technical and Financial

Proposals.

21. Evaluation of

Technical

Proposals

21.1 The Client’s evaluation committee shall evaluate the Technical Proposals on the basis of their responsiveness to the

Terms of Reference and the RFP, applying the eligibility and

evaluation criteria, sub-criteria, and point system specified in

the Data Sheet. Each eligible and responsive Proposal will be

given a technical score. A Proposal shall be rejected at this stage

if it does not respond to important aspects of the RFP or if it fails

to achieve the minimum technical score indicated in the Data

Sheet.


15 | P a g e

22. Financial

Proposals for

QBS

22.1 Following the ranking of the Technical Proposals, when

the selection is based on quality only (QBS), the top-ranked

Consultant is invited to negotiate the Contract.

22.2 If Financial Proposals were invited together with the

Technical Proposals, only the Financial Proposal of the

technically top-ranked Consultant is opened by the Client’s evaluation committee. All other Financial Proposals are

returned unopened after the Contract negotiations are

successfully concluded and the Contract is signed.

23. Public Opening of

Financial

Proposals (for

QCBS, FBS, and

LCS methods)

23.1 After the technical evaluation is completed and

necessary approvals have been obtained to open the financial

proposals, the Client shall notify those Consultants whose

Proposals were considered non-responsive to the RFP and TOR

or did not meet the minimum qualifying technical score (and

shall provide information relating to the Consultant’s overall

technical score, as well as scores obtained for each criterion and

sub-criterion) that their Financial Proposals will be returned

unopened after completing the empanelment process and

Contract signing. The Client shall simultaneously notify in

writing those Consultants that have achieved the minimum

overall technical score and inform them of the date, time and

location for the opening of the Financial Proposals. The opening

date should allow the Consultants sufficient time to make

arrangements for attending the opening. The Consultant’s

attendance at the opening of the Financial Proposals (in person,

or online if such option is indicated in the Data Sheet) is optional

and is at the Consultant’s choice.

23.2 The Financial Proposals shall be opened by the Client’s evaluation committee in the presence of the representatives of

those Consultants whose proposals have passed the minimum

technical score. At the opening, the names of the Consultants,

and the overall technical scores, including the break-down by

criterion, shall be read aloud. The Financial Proposals will then

be inspected to confirm that they have remained sealed and

unopened. These Financial Proposals shall be then opened, and

the total prices read aloud and recorded. Copies of the record

shall be sent to all Consultants who submitted Proposals.

24. Correction of

Errors

24.1 Activities and items described in the Technical Proposal

but not priced in the Financial Proposal, shall be assumed to be


16 | P a g e

included in the prices of other activities or items, and no

corrections are made to the Financial Proposal.

25. Taxes 25.1 The Client’s evaluation of the Consultant’s Financial Proposal shall exclude taxes and duties in the Client’s country in accordance with the instructions in the Data Sheet.

26. Conversion to

Single Currency

26.1 For the evaluation purposes, prices shall be converted to

a single currency using the selling rates of exchange, source and

date indicated in the Data Sheet.

27. Combined Quality

and Cost Evaluation

a. Quality- and

Cost-Based Selection

(QCBS)

27.1 In the case of QCBS, the total score is calculated by

weighting the technical and financial scores and adding them as

per the formula and instructions in the Data Sheet. The

Consultant achieving the highest combined technical and

financial score will be invited for negotiations.

b. Fixed-Budget

Selection (FBS)

27.2 In the case of FBS, those Proposals that exceed the

budget indicated in Clause 14.1.4 of the Data Sheet shall be

rejected.

27.3 The Client will select the Consultant that submitted the

highest-ranked Technical Proposal that does not exceed the

budget indicated in the RFP, and invite such Consultant to

negotiate the Contract.


17 | P a g e

c. Least-Cost

Selection

27.4 In the case of Least-Cost Selection (LCS), the Client will

arrive at lowest evaluated total price and will empanel those

consultants that match the lowest price. Contract will be signed

with empaneled consultants.

D. Negotiations and Award

28. Negotiations 28.1 The negotiations will be held at the date and address

indicated in the Data Sheet with the Consultant’s representative(s) who must have written power of attorney to

negotiate and sign a Contract on behalf of the Consultant.

28.2 The Client shall prepare minutes of negotiations that are

signed by the Client and the Consultant’s authorized representative.

a. Availability of Key

Experts

28.3 The invited Consultant shall confirm the availability of all

Key Experts included in the Proposal as a pre-requisite to the

negotiations, or, if applicable, a replacement in accordance with

Clause 12 of the ITC. Failure to confirm the Key Experts’ availability may result in the rejection of the Consultant’s Proposal and the Client proceeding to negotiate the Contract

with the next-ranked Consultant.

28.4 Notwithstanding the above, the substitution of Key

Experts at the negotiations may be considered if due solely to

circumstances outside the reasonable control of and not

foreseeable by the Consultant, including but not limited to

death or medical incapacity. In such case, the Consultant shall

offer a substitute Key Expert within the period of time specified

in the letter of invitation to negotiate the Contract, who shall

have equivalent or better qualifications and experience than

the original candidate.

b. Technical

negotiations

28.5 The negotiations include discussions of the Terms of

Reference (TORs), the proposed methodology, the Client’s inputs, the special conditions of the Contract, and finalizing the

“Description of Services” part of the Contract. These discussions shall not substantially alter the original scope of services under

the TOR or the terms of the contract, lest the quality of the final

product, its price, or the relevance of the initial evaluation be

affected.

c. Financial

negotiations

28.6 Not Applicable.


18 | P a g e

28.7 Not Applicable.

28.8 In the case rates are much higher than the typically

charged rates by consultants in similar contracts. In such case,

the Client may ask for clarifications and, if the fees are very high,

ask to change the rates after due approvals from the concerned

authorities.

29. Conclusion of

Negotiations

29.1 The negotiations are concluded with a review of the

finalized draft Contract, which then shall be initialed by the

Client and the Consultant’s authorized representative.

29.2 If the negotiations fail, the Client shall inform the

Consultant in writing of all pending issues and disagreements

and provide a final opportunity to the Consultant to respond. If

disagreement persists, the Client shall terminate the

negotiations informing the Consultant of the reasons for doing

so. After having obtained due approvals, the Client will invite

the next-ranked Consultant to negotiate a Contract. Once the

Client commences negotiations with the next-ranked

Consultant, the Client shall not reopen the earlier negotiations.

30. Award of Contract 30.1 After completing the negotiations, the Client shall

obtain approvals from the procurement committee to the

negotiated draft Contract, if applicable; sign the Contract;

publish the award information as per the instructions in the

Data Sheet; and promptly notify the other shortlisted

Consultants.

30.2 The Consultant is expected to commence the

assignment on the date and at the location specified in the Data

Sheet.


19 | P a g e

Instructions to Consultants

E. Data Sheet

A. General

ITC Clause

Reference

1 (c) Law of India

2.1 Name of the Department: Centre Accreditation

Method of empanelment: LCS

Applicable Guidelines: NSDC Procurement Guidelines

NSDC may use Reverse Auction / eAuction process for commercial evaluation

for this RFP, if 3 or more consultants qualify in Eligibility and Technical

Evaluation Criteria. Such eligible and technically qualified consultants will get

one-time half an hour online training by NSDC / NSDC nominated agency on

the Revers Auction. Such eligible and technically qualified consultants will also

need to submit their financial proposal as pre-bid in Reverse Auction system

which shall be verified by NSDC with the financial proposal of bidder

submitted along with Technical Proposal in this RFP. Reverse Auction time slot

will be informed to the concerned bidders.

In case of less than 3 eligible and technically qualified consultant(s), Reverse

Auction / eAuction shall not be used, and financial proposal(s) of the eligible

and technically qualified consultant(s) submitted along with Technical

Proposal shall be opened.

Please note that in both Reverse Auction and without Reverse Auction

process LCS method shall be used.

2.2 Financial Proposal to be submitted together with Technical Proposal:

Yes

The name of the assignment is: Empanelment of Consultants for Desk

Assessment and Physical Inspection of ‘Training Providers and Training Centres’ for Accreditation & Affiliation and Continuous

Monitoring.

2.3 A pre-proposal conference will be held: Yes


20 | P a g e

Date of pre-proposal conference: 11th June 2019

Time: 11:30 Hrs (IST)

Address: National Skill Development Corporation

301, 3rd Floor, West Wing, Worldmark – 1 Aerocity,

New Delhi – 110037

T: +011-47451600-10 | F: +91-11-46560417

Email:[email protected]


2.4 The Client will provide details about project.

6. SL. Criteria Proof required

1. The Consultant shall be incorporated in

India as a legal entity

Company

Incorporation

Certificate

2. The Consultant should have been in

operation for a period of at least 5 years as

on date of issuance of this RFP

CA Certificate

3. The Consultant should have a minimum

annual turnover of Rs. 10 Crore in each of

the last three consecutive years (FY 2015-16,

2016-17, 2017-18).

CA Certificate

4. The Consultant should not have been

blacklisted by any Central/ State

Government (Central/State Government and

Public Sector) or under a declaration of

ineligibility for corrupt or fraudulent

practices.

undertaking from

Authorized

Signatory

5. The Consultant should submit undertaking

for their presence and willingness to work in

States and UT in India.

undertaking from

Authorized

Signatory

8. The consultant must have adequate

experience in similar projects, related to the

PO/Contract/Com




21 | P a g e

validation, verification and monitoring in last

3 years

pletion Certificate

from Client

B. Preparation of Proposals

9.1 This RFP has been issued in the English Language. Proposals shall be

submitted in English language.

All correspondence exchange shall be in English language.

10.1 The Proposal shall comprise the following:

TECHNICAL PROPOSAL

(1) Power of Attorney to sign the Proposal

(2) TECH-1

(3) TECH-2

(4) TECH-3

(5) TECH-4

(6) TECH-5

AND

Financial Proposal:

(1) FIN-1

(2) FIN-2

(3) Statement of Undertaking (if required under Data Sheet 10.2 below)

10.2 Statement of Undertaking is required

Yes- included as paragraph (e) in Form TECH-1

11.1 Participation of Sub-consultants, Key Experts and Non-Key Experts in more

than one Proposal is permissible

Yes

12.1

Proposals must remain valid for 180 days after the proposal submission

deadline.

12.12 3 months


22 | P a g e

13.1 Clarifications may be requested no later than 7 days prior to the

submission deadline.


301, 3rd Floor, West Wing, Worldmark – 1

Aerocity, New Delhi – 110037

T: +011-47451600-10 | F: +91-11-46560417

Email: [email protected]


15.2 The format of the Technical Proposal to be submitted is:

As per Technical Forms mentioned in Data Sheet 10.1

Submission of the Technical Proposal in a wrong format may lead to the

Proposal being deemed non-responsive to the RFP requirements.

16.1

(8) [insert relevant type of expenses, if/as applicable]

16.2 A price adjustment provision applies to rates:

No

16.3 GST will be paid as per applicable rates

TDS however will be deducted as applicable.

16.4 The Financial Proposal shall be stated in the following currencies:

INR

C. Submission, Opening and Evaluation

17.1 The Consultants shall submit their Proposals through eprocurement portal

of NSDC as below

DEFINITIONS:

a. C1 India Private Limited: Service provider to provide the e-Tendering

Software and facilitate the process of e-tendering on Application Service

Provider (ASP) model.

b. NSDC e-Procurement Portal: An e-tendering portal of National Skill

Development Corporation (“NSDC”) introduced for the process of e-

tendering which can be accessed on https://nsdc.eproc.in.

Pre-requisites:

(i) It is mandatory for all the bidders to have Class-III Digital

Signature Certificate (With Both DSC Components, i.e.

Signing & Encryption) from any of the licensed Certifying

Agency under CCA, Ministry of Electronics and Information

Technology, Government of India to participate in e-tendering



https://nsdc.eproc.in/


23 | P a g e

portal of NSDC. Bidders can see the list of licensed CA’s from the link www.cca.gov.in

C1 India Pvt. Ltd. also facilitate Class III Digital Signature

Certificate (With Both DSC Components, i.e. Signing &

Encryption) to the bidders. Bidder may contact C1 India Pvt.

Ltd. at mobile no. +91-7291981138 for DSC related queries or

can email at [email protected].

(ii) To participate in the online bidding, it is mandatory for the

Applicants to get themselves registered with the NSDC e-

Tendering Portal (https://nsdc.eproc.in)

(iii) System Requirement/ Registration Manuals/ Bid Submission

Manuals are available at the NSDC eTendering Portal

(https://nsdc.eproc.in)

(iv) For helpdesk please contact Help Desk Nos. +91-124-

4302033 / 36 / 37

(v) Participant are requested to email their issues to helpdesk at

[email protected] This will help serving the

participant better

(vi) The amendments/ clarifications to the tender, if any, will be

posted on the NSDC eTendering Portal

(https://nsdc.eproc.in)

(vii) The Bidder may modify or withdraw their bid after submission

prior to the Bid Due Date. No Bid shall be modified or

withdrawn by the Bidder after the Bid Due Date and Time.

(viii) It is highly recommended that the bidders should not to wait

till the last date of bid submission to avoid complications like

internet connectivity issue, network problems, system crash

down, power failure, browser compatibility issue, system

compatibility issue, improper digital signature certificate

problem etc. In view of this context, neither M/s National Skill

Development Corporation nor M/s. C1 India Pvt. Ltd will be

responsible for such eventualities.

17.4

The Consultant must submit:

(a) Technical Proposal, (b) Financial Proposal,

http://www.cca.gov.in/






24 | P a g e

17.7 and

17.9

The Proposals must be submitted no later than:

Date: 25th June 2019

Time: 15:00 hrs IST (Indian Standard Time)

19.1 An online option of the opening of the Technical Proposals is offered: Yes

The opening shall take place at:

“same as the Proposal submission address”

Bidders who choose to attend proposal opening may visit


301, 3rd Floor, West Wing, Worldmark

– 1 Aerocity, New Delhi – 110037

T: +011-47451600-10 | F: +91-11-46560417

Email: [email protected]


Date: same as the submission deadline indicated in 17.7.

Time: 16:30 hrs IST

19.2 In addition, the following information will be read aloud at the opening of

the Technical Proposals Name of the consultant firm.

21.1

(for FTP)

Criteria, sub-criteria, and point system for the evaluation of the Full

Technical Proposals:

Max Points

(i) The consultant must have adequate experience in similar projects,

related to the validation and verification in last 3 years 14

Minimum projects – 5

5-8 projects: 10 marks

9 or more projects: 14 marks

The consultant must have adequate experience in monitoring

related projects, in last 3 years 10

Minimum projects – 3

3- 5: 8 marks

6 or more 10

The consultant should have Presence in all states and UT: 36

1 mark for each




25 | P a g e

(ii) Adequacy and quality of the proposed methodology, and work plan

in responding to the Terms of Reference (TORs): 20

a) Technical Approach and Methodology including presentation

15 b) Work Plan and Time of Completion 5

(iii)Team Composition: 20

Total weight: 100%

Total points for the three criteria: 100

The minimum technical score (St) required to pass is: 70

23.1 An online option of the opening of the Financial Proposals is offered:

Yes

“The online opening procedure shall be: same as proposal submission and

proposal opening procedure.

Financial Proposals of only those consultants will be opened, who have

attained the required qualifying marks in the technical evaluation.

The results of the technical evaluation will be informed to the consultants

and those who wish to attend opening of financial proposals may visit

NSDC Office at a date and time to be informed later.

26.1

The single currency for the conversion of all prices expressed in various

currencies into a single one is: INR

D. Negotiations and Award

28.1 Expected date and address for contract negotiations:

Date: 31st July 2019

Address:


301, 3rd Floor, West Wing,

Worldmark – 1 Aerocity,

New Delhi – 110037

T: +011-47451600-10 | F: +91-11-46560417

27 | P a g e

Section 3. Technical Proposal – Standard Forms


28 | P a g e

FORM TECH-1

TECHNICAL PROPOSAL SUBMISSION FORM

{Location, Date}

To: [Name and address of Client]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of

assignment] in accordance with your Request for Proposals dated [Insert Date] and our

Proposal. [Select appropriate wording depending on the empanelment method stated in the

RFP: “We are hereby submitting our Proposal, which includes this Technical Proposal and a

Financial Proposal sealed in a separate envelope” or, if only a Technical Proposal is invited “We

hereby are submitting our Proposal, which includes this Technical Proposal only in a sealed

envelope.”].

{If the Consultant is a joint venture, insert the following: We are submitting our

Proposal a joint venture with: {Insert a list with full name and the legal address of each

member, and indicate the lead member}. We have attached a copy {insert: “of our letter of

intent to form a joint venture” or, if a JV is already formed, “of the JV agreement”} signed by

every participating member, which details the likely legal structure of and the confirmation of

joint and severable liability of the members of the said joint venture.

{OR

If the Consultant’s Proposal includes Sub-consultants, insert the following: We are submitting

our Proposal with the following firms as Sub-consultants: {Insert a list with full name and

address of each Sub-consultant.}

We hereby declare that:

(a) All the information and statements made in this Proposal are true and we

accept that any misinterpretation or misrepresentation contained in this

Proposal may lead to our disqualification by the Client and/or may be

sanctioned by the client.


29 | P a g e

(b) Our Proposal shall be valid and remain binding upon us for the period of time

specified in the Data Sheet, Clause 12.1.

(c) We have no conflict of interest in accordance with ITC 3.

(d) We meet the eligibility requirements as stated in ITC 6, and we confirm our

understanding of our obligation to abide by the NSDC’s policy in regard to

corrupt and fraudulent practices as per ITC 5.

(e) We, along with any of our sub-consultants, subcontractors, suppliers, or service

providers for any part of the contract, are not subject to, and not controlled by

any entity or individual that is subject to, a temporary suspension or a

debarment imposed by a central government/ministry and or any state/s of

India

(f) In competing for (and, if the award is made to us, in executing) the Contract, we

undertake to observe the laws against fraud and corruption, including bribery,

in force as per Prevention of Corruption Act, 1988

(g) Except as stated in the Data Sheet, Clause 12.1, we undertake to negotiate a

Contract on the basis of the proposed Key Experts. We accept that the

substitution of Key Experts for reasons other than those stated in ITC Clause 12

and ITC Clause 28.4 may lead to the termination of Contract negotiations.

(h) Our Proposal is binding upon us and subject to any modifications resulting from

the Contract negotiations.

We undertake, if our Proposal is accepted and the Contract is signed, to initiate the

Services related to the assignment no later than the date indicated in Clause 30.2 of the Data

Sheet.

We understand that the Client is not bound to accept any Proposal that the Client

receives.

We remain,

Yours sincerely,

Authorized Signature {In full and initials}:

Name and Title of Signatory:

Name of Consultant (company’s name or JV’s name): In the capacity of:


30 | P a g e

Address:

Contact information (phone and e-mail):

{For a joint venture, either all members shall sign or only the lead member, in which

case the power of attorney to sign on behalf of all members shall be attached}


31 | P a g e

FORM TECH-2

CONSULTANT’S ORGANIZATION AND EXPERIENCE

Form TECH-2: a brief description of the Consultant’s organization and an outline of the recent

experience of the Consultant that is most relevant to the assignment.

A - Consultant’s Organization

1. Provide here a brief description of the background and organization of your company.

2. Include organizational chart, a list of Board of Directors, and beneficial ownership


32 | P a g e

B - Consultant’s Experience

1. List only previous similar assignments successfully completed in the last 10 years.

2. List only those assignments for which the Consultant was legally contracted by the Client as

a company. Assignments completed by the Consultant’s individual experts working privately

or through other consulting firms cannot be claimed as the relevant experience of the

Consultant, or that of the Consultant’s partners or sub-consultants, but can be claimed by the

Experts themselves in their CVs. The Consultant should be prepared to substantiate the

claimed experience by presenting copies of relevant documents and references if so

requested by the Client.

Duration

Assignment name/&

brief description of

main

deliverables/outputs

Name of

Client

Approx.

Contract

value (in

INR

equivalent)/

Amount

paid to your

firm

Role on the

Assignment

Type of

organization:

Public/Pvt/

Govt/NGO/

PPP

{e.g.,

Jan.2010–

Apr.2013}

{e.g., “training of trainer in….etc}

{e.g., Ministry of

......, country}

{e.g., 5

million…. } {e.g., Lead

partner in a

JV A&B&C}

{e.g.,

Jan-

May

2015}

{e.g., design of

academic

framework….etc}

{e.g.,

department

of.........,

country}

{e.g., .5 million}

{e.g., sole

Consultant}


33 | P a g e

FORM TECH-3

DESCRIPTION OF APPROACH, METHODOLOGY, AND WORK PLAN IN RESPONDING TO THE TERMS OF

REFERENCE

a) Technical Approach and Methodology. {Please explain your understanding of the

objectives of the assignment as outlined in the Terms of Reference (TORs), the

technical approach, and the methodology you would adopt for implementing each of

the tasks in TORs, to deliver the expected output(s), and the degree of detail of such

output. Please do not repeat/copy the TORs in here.}


34 | P a g e

FORM TECH-4

NOT USED

35 | P a g e

FORM TECH-5

CURRICULUM VITAE (CV)

Position Title and No. {e.g., K-1, PROJECT LEADER}

Name of Expert: {Insert full name}

Date of Birth: {day/month/year}

Country of Citizenship/Residence

Education: {List college/university or other specialized education, giving names of

educational institutions, dates attended, degree(s)/diploma(s) obtained}

________________________________________________________________________

________________________________________________________________________

Employment record relevant to the assignment: {Starting with present position, list in

reverse order. Please provide dates, name of employing organization, titles of positions held,

types of activities performed and location of the assignment, and contact information of

previous clients and employing organization(s) who can be contacted for references. Past

employment that is not relevant to the assignment does not need to be included.}

Period Employing organization and

your title/position. Contact

info for references

Country Summary of

activities performed

relevant to the

Assignment

[e.g., May

2005-

present]

[e.g., Ministry of ……, advisor/consultant to…

For references: Tel…………/e-

mail……; Mr. Hbbbbb, deputy minister]

Membership in Professional Associations and Publications:

______________________________________________________________________

Language Skills (indicate only languages in which you can work): ______________

______________________________________________________________________

36 | P a g e

Adequacy for the Assignment:

Detailed Tasks Assigned on Consultant’s Team of Experts:

Reference to Prior Work/Assignments that

Best Illustrates Capability to Handle the

Assigned Tasks

{List all deliverables/tasks in which the

Expert will be involved)

Expert’s contact information: (e-mail …………………., phone……………)

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly

describes myself, my qualifications, and my experience, and I am available, as and when

necessary, to undertake the assignment in case of an award. I understand that any

misstatement or misrepresentation described herein may lead to my disqualification or

dismissal by the Client.

{day/month/year}

Name of Expert Signature

Date

{day/month/year}

Name of authorized Signature

Date

Representative of the Consultant

(the same who signs the Proposal)

Section 4 – Financial Proposal – Standard Forms

37 | P a g e

Section 4. Financial Proposal - Standard Forms

{Notes to Consultant shown in brackets { } provide guidance to the Consultant to prepare the

Financial Proposals; they should not appear on the Financial Proposals to be submitted.}

Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal

according to the instructions provided in Section 2.

FIN-1 Financial Proposal Submission Form

FIN-2 Summary of Costs

38 | P a g e

FORM FIN-1

FINANCIAL PROPOSAL SUBMISSION FORM

{Location, Date}

To: [Name and address of Client]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of

assignment] in accordance with your Request for Proposal dated [Insert Date] and our

Technical Proposal.

Our attached Financial Proposal is for the amount of {Indicate the corresponding to

the amount(s) currency(ies)} {Insert amount(s) in words and figures}, [Insert “including” or “excluding”] of all indirect local taxes in accordance with Clause 25.1 in the Data Sheet. The

estimated amount of local indirect taxes is {Insert currency} {Insert amount in words and

figures} which shall be confirmed or adjusted, if needed, during negotiations. {Please note that

all amounts shall be the same as in Form FIN-2}.

Our Financial Proposal shall be binding upon us subject to the modifications resulting

from Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before

the date indicated in Clause 12.1 of the Data Sheet.

Commissions and gratuities paid or to be paid by us to an agent or any third party

relating to preparation or submission of this Proposal and Contract execution, paid if we are

awarded the Contract, are listed below:

Name and Address Amount and Purpose of Commission

of Agents Currency or Gratuity

{If no payments are made or promised, add the following statement: “No commissions or gratuities have been or are to be paid by us to agents or any third party relating to this

Proposal and Contract execution.”}

We understand you are not bound to accept any Proposal you receive.

We remain,

Section 4 – Financial Proposal – Standard Forms

39 | P a g e

Yours sincerely,

Authorized Signature {In full and initials}:

Name and Title of Signatory:

In the capacity of:

Address:

E-mail: _________________________

{For a joint venture, either all members shall sign or only the lead member/consultant,

in which case the power of attorney to sign on behalf of all members shall be attached}

41 | P a g e

FORM FIN-2 SUMMARY OF COSTS

Cost of the Financial Proposal Cost in

INR

1 Desk Verification of TP

2 Desk Verification of TC

3 Field Verification for normal states and UT

4 Field Verification for those areas categorized as Special Areas1 as per Common

Norms for Skill Development Schemes of the Government of India

5 Continuous Monitoring – SAR Report (push notifications)

6 Continuous Monitoring - Surprise visits for normal states and UT

7 Continuous Monitoring - Surprise visits of Special Areas1 as per Common

Norms for Skill Development Schemes of the Government of India

Taxes extra

1 Special areas include North Eastern States, Jammu & Kashmir, Himachal Pradesh, Uttarakhand,

Andaman & Nicobar Islands, Lakshadweep and districts affected by Left Wing Extremism (LWE) as

identified by the M/O Home Affairs.

42 | P a g e

Section 5

Form of Proposal-Securing Declaration

[The Consultant shall fill in this Form in accordance with the instructions indicated.]

Date: [date (as day, month and year)]

To: [complete name of Client]

We, the undersigned, declare that:

We understand that, according to your conditions, proposals must be supported by a

Proposal- Securing Declaration.

We accept that we will automatically be suspended from being eligible for participating in

any contract with the client for the period of time of three months starting on [date of

Opening of Proposals], if we are in breach of our obligation(s) under the RFP conditions,

because we:

(a) have withdrawn our Proposal during the period of Proposal validity specified in

the Form Tech - 1; or

(b) having been notified of the acceptance of our proposal by the client during the

period of proposal validity, (i) fail or refuse to sign the Contract; in accordance

with the ITC.

We understand this Proposal Securing Declaration shall expire if we are not the

successful consultant, upon the earlier of (i) our receipt of your notification to us of

the name of the successful Bidder; or (ii) twenty-eight days after the expiration of our

proposal.

Name of the Consultant*

Name of the person duly authorized to sign the Proposal on behalf of the Consultant**

43 | P a g e

Title of the person signing the Proposal

Signature of the person named above

Date signed day of

,

*: In the case of the proposal submitted by joint venture specify the name of the Joint Venture

as Consultant

**: Person signing the Proposal shall have the power of attorney given by the consultant’s

firm attached to the Proposal

[Note: In case of a Joint Venture, the Proposal-Securing Declaration must be in the name

of all members to the Joint Venture that submits the Proposal.]

44 | P a g e

Section 6. NSDC Policy – Corrupt and Fraudulent Practices

(this Section 6 shall not be modified)

1.1 It should be kept in mind that all actions towards award of Contract and its

implementation on the ground have to be fair, consistent, transparent and based

on highest standard of ethics. Similarly,

bidders/suppliers/contractors/consultants

associated in the procurement of Goods, Works & Consultancy, are expected to

observe the highest standard of ethics during procurement and execution of

contracts. In pursuance to above:

a. Proposal for award may be rejected, if it determines that the bidder,

recommended for award, and/or its employees, sub-contractors, sub-

consultant, sub- vendors, agents have engaged in corrupt or fraudulent

practices in competing for the Contract in question;

b. Portion of the funds allocated to a contract may be cancelled, in full or in part, if

it is determined that corrupt or fraudulent practices were engaged by

contractor/consultant and/or its employees, subcontractors/sub-consultants,

sub-vendors, agents for getting the Contract or during the execution of a

Contract;

c. A firm may be declared as ineligible, either indefinitely or for a stated period of

time, to be awarded a Contract, if it, at any time, determines that the firm has

been engaged in corrupt or fraudulent practices in competing for or in executing

the Contract. For the purpose of above provision, the terms, "Corrupt Practice"

and

"Fraudulent Practice", mean following:

"corrupt practice" means offering, giving, receiving, or soliciting anything of value to

influence the action of NSDC’s official(s) in the procurement process or in the contract execution; and

"fraudulent practice" means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract and includes collusive practices among

bidders (prior to or after bid submission) designed to establish bid/proposal prices at

artificial, non- competitive levels.

45

Section 7. Terms of Reference

Terms of Reference (ToR) - Hiring Agencies for Desk Assessment and Physical Inspection of

‘Training Providers and Training Centres’ for Accreditation & Affiliation.

1. Introduction

National Skill Development Corporation (‘NSDC’), a Section 25 Company under Companies Act, 1956 (corresponding to Section 8 of the Companies Act, 2013), was initially set up under the Prime

Minister’s National Council on Skill Development with the primary mandate of enhancing and

supporting Private Sector initiatives for Skill Development in India. At present, NSDC functions under

the aegis of the Ministry of Skill Development & Entrepreneurship (‘MSDE’). In order to fulfil its objectives, NSDC solicits and funds proposals that have sustainable business models catering to

sectors with unmet needs serving high growth sectors, unorganized sectors or training to develop

the skill ecosystem. NSDC assistance (Equity/ Grant/ Loan) is sanctioned to any form of legal entity

including but not limited to Company/ Society / Trust as per the process and applicable laws and

guidelines.

Guidelines for Accreditation, Affiliation, and Continuous Monitoring of Training Centres were

launched in year 2016 .

2. Objective

NSDC is desirous of assuring the quality and continuously monitoring the Training Centres setup for

providing NSQF training courses through pre-determined standards and specifications. The process

includes internal (self-evaluation) and external physical assessment, to ensure quality benchmarks

in terms of infrastructure and delivery of trainings in the skilling ecosystem. The Validation (Desk

Assessment & Physical Inspection) will be used to accredit Training Centres before being affiliated.

Post accreditation and affiliation a continuous monitoring system would assess the quality and

effectiveness of Training Centre on an ongoing basis.

The agencies selected through this RFP will carry out the validation process explained above.

2.1 About SMART

SMART provides a single window IT application that focuses on the Accreditation, Affiliation and

Continuous Monitoring of the Training Centres (TC) in the Skill Ecosystem and intends to address

the following:

• To provide a unified platform for all the skilling activities being carried out within the

country by providing quality benchmarks in the concept, establishment and running of

the various skilling initiatives.

• To align various skill development programs to standardized norms and processes,

thereby reducing multiplicity of norms and parameters that result in avoidable

46 | P a g e

difficulties in implementation of the skilling initiatives

• To monitor compliance to standards and norms by all training centres in an objective

manner.

• To foster excellence in training centres through a rating/grading approach thereby

ensuring incentives for achieving higher quality standards.

• To enable trainees and other stakeholders to make informed choices with regard to

training centre selection

2.2 Accreditation and Affiliation through SMART covers various Central and State Government

Schemes, Private initiatives, CSR etc. thus making it a scheme agnostic platform.

1. Various features of SMART

• Single portal interface across multiple Sector Skill Councils (SSCs) and Schemes

• IT enabled paperless system for accreditation and affiliation of Training Centres

• Transparent and Time bound delivery of accreditation & affiliation services

• SSC guided standardized lab specifications

• SSC guided trainer qualification and experience

2. Services offered on SMART

• Extendable to all Skill Development Schemes

• Web based application for TC Accreditation/Affiliation

• Mobile App based TC CAAF submission, Inspection & Continuous Monitoring

• One Stop platform for SSC Affiliation across job roles

• Online repository for TC/TP details at pan India level

• Dashboards & MIS for various stakeholders such as SSCs, SSDMs and various other

schemes

• E-Payment of Accreditation& Affiliation fees

• Physical Inspection of each TC based on CAAF

2.3 With the above objectives in mind, the process of Training Centre Validation and Continuous

Monitoring has been initiated. The validation by Inspection Agency (IA) would be the basis for

Accreditation and Affiliation of the Centres.

Steps in Centre Accreditation and Affiliation through SMART

3.1 The Centre Accreditation and Affiliation comprise of following main activities:

• Training Provider (TP) Registration: Training Provider (TP) fills the Application form

and pays the registration fees. Inspection Agency (IA) conducts Desktop Assessment

(DA) and shares the status with TP. On being Deemed Ready (DR), the TP proceeds

with Training Centre creation. This registration will be valid for 3 years from the date

of getting DR status. For example, if a TP gets DR on 2nd October 2016 then this

registration will be valid till 1st October 2019

47

• Stage 1: Centre Accreditation Application Form (CAAF) registration and Training

Centre (TC) Accreditation: o Stage 1: Training Centre (TC) fills the CAAF and submits

the CAAF registration fees. IA conducts Desktop Assessment (DA) and shares the

status with TC, basis which a “Letter of Registration” is shared with the TC. Post Deemed Ready status if the TC is recommended/empaneled by any recommending

agency/scheme, the TC shall undergo physical inspection process as mentioned

below

• Stage 2: Post empanelment or recommendation the TC pays accreditation fees and

applies for physical inspection. If the TC is recommended for Accreditation or

Conditional Accreditation after physical inspection, the case is shared with SSC for a

final review and status update. In case a TC gets recommended for a job role other

than those mentioned in the letter of registration, then the TC needs to follow stage

1 and 2 with all requisite fees for the additional job role.

• Training Centre (TC) Accreditation: The respective SSC reviews the inspection report

of the Training Centre and accords the TC with Accreditation/ Conditional

Accreditation status and TC receives an accreditation certificate. If the SSC does not

agree with the IA recommendation, the case is forwarded to the Accreditation

Committee.

• Training Centre (TC) Affiliation: After getting accredited/conditionally accredited

status from SSC, the TC applies for Affiliation for accredited Job Roles and pays the

following fees: a) Continuous Monitoring Affiliation fees Affiliation is auto accorded

to the TC after payment of affiliation fees.

• Continuous Monitoring of Training Centres (TC): TC is continuously monitored on

SMART as per the process and metrics. The TC shall download the mobile application

from Google Play store. TC will receive quarterly push notification via the mobile

application to upload certain images of the TC. Failure to do so will lead to reduction

in Accreditation score of the TC. The TC will then have to re-apply for physical

inspection to increase the score.

• Renewal of Accreditation and Affiliation: Post 1 year from receiving the accreditation

status, the TC may re-apply for Accreditation and Affiliation. This process will be

available for the TC 3 months prior to expiry of accreditation status. The TP

registration will expire 3 years from receiving the DR status. Post 3 years, the TP may

apply for renewal of the registration on SMART.

• The Accreditation Standards are driven by a grading metrics and are related to the operations

and services offered by the TC to its trainees. These standards are a set of practices and

concepts, as laid down by the SSCs pertaining to each job role, that provide guidance to the

TCs on all relevant aspects of skilling.

• The Accreditation Standards applicable to a TC is a combination of Infrastructure, training,

health and safety related parameters categorized as Part-A and Part-B standards.

• The standards of the Part-A category are the mandatory indicators to be adhered to. It is

necessary that a TC complies with all the Accreditation Standards of Part-A category to

become an accredited TC.

• The standards of the Part-B category are the other indicators, on which the TC shall be

scored on the predefined points. It is mandatory that the TC achieves a minimum of 40%

score with respect to the Accreditation Standards Grading Metrics.

• The Accreditation Standards Grading Metrics is provided on SMART under Knowledge

48 | P a g e

Bank tab (https://smart.nsdcindia.org/knowledge_bank.aspx#grading).

• Turn Around Time for DA and Inspection

Days Indicative Timelines

Indicative Timelines for TP Registration

T TP submits the Application form

T+4 Desktop Assessment of the TP Application

Indicative Timelines for TC Registration (Stage-1)

T1 TC submits CAAF

T1+4 Desktop Assessment of CAAF

Indicative Timelines for Centre Accreditation (Stage-2)

T2 TC applies for physical inspection & pays the fees

T2+3 Scheduling of Physical Inspection by Inspection Agency

T2+15 Physical Inspection of the TC by Inspection Agency

T3*+7 Conducting Physical Inspection after rejection of the initial

inspection date

T3-Rejection of Inspection Date by TC

3. Scope of Work:

The scope of work will include the following:

• The agency must propose the most suitable approach and methodology for Desktop

Assessment of Training Providers and respective Training Centres, and Physical verification of

the Deemed Ready Training Centres. There should be a clear articulation of the strengths and

weaknesses of the approach and of the justification for selecting it. In addition, the agency

should highlight potential challenges in project execution and suggest ways to overcome them.

Evaluation of TP application form:

• Inspection Agency has to evaluate the application for according the status of 'Deemed Ready' or

'Deemed Not Ready' based on the information provided by TP as compared to the proofs

submitted by TP and checklist shared by NSDC. Evaluation has to be thorough, as TP will be able

to create TCs under its umbrella only once it gets Deemed Ready. If the status is ‘Deemed Not Ready’, the Training Provider can re-submit the revised CAAF, and the same needs to be

reviewed by the Inspection Agency within 4 days of receiving the revised CAAF.

Evaluation of CAAF:

• Inspection Agency has to evaluate CAAF for according the status of 'Deemed Ready' or 'Deemed

Not Ready' based on the accreditation standards for each job role. Evaluation has to be

thorough, as it is the basis for on-site inspection. The data upload activity by the Centre will be

facilitated through a mobile application based technology, whereby the Training Centre would

be able to upload geo-tagged and time stamped pictures. The data uploaded in the form (textual,

scanned documents and pictures and videos, etc.) would act as supporting evidences to show

compliance to the Accreditation Standards. All this data shall be reviewed by the Inspection

Agency. Once the CAAF is submitted to the Inspection Agency, the time taken by Inspection

Agency to evaluate and submit the Deemed status (Ready/Not-Ready) for the Centre cannot be

more than 4 days. Proper justification has to be given for according Deemed Ready/ Deemed

https://smart.nsdcindia.org/knowledge_bank.aspx#grading

49

Not Ready status.

• If the status is ‘Deemed Not Ready’, the Training Centre can re-submit the revised CAAF, and the

same needs to be reviewed by the Inspection Agency within 4 days of receiving the revised CAAF.

• If the status is ‘Deemed Ready’, the TC will seek recommendation and make the requisite fee payment. Post successful payment, Inspection Agency has to provide date for On-site visit and

communicate the same to the Training Centre. The notification for inspection would be sent to

the respective Centre and inspection date along with report must be available on TC dashboard

within 15 days.

On Site Centre Inspection (Physical Inspection): • • Inspection Agency has to visit the Centre as per the date proposed by them and conduct the

inspection. The inspection should be conducted as per the accreditation standards for the job

roles for which the Training Centre has applied for. Inspection Agency will check whether the

information provided in CAAF is correct and whether it matches with the actual Centre

infrastructure and other details. The inspector will submit the findings of the Centre Visit.

• The inspection is done via the mobile application technology (approved/ recommended by

NSDC), and the process shall include uploading of the geo-tagged and time stamped Centre

pictures. It is mandatory for the inspector deployed by Inspection Agency to carry an appropriate

equipment i.e. smart phone/ tablet with pre-installed Centre Accreditation Mobile Application

for taking time-stamped & geo-tagged photographs or, device for measuring carpet area of

usable are in the Training Centre etc.

Indicative parameters to be checked during Centre Validation Process:

• Verification of Centre’s Usable Area: Compliance check and qualitative evaluation of the Training Centre’s usable area i.e. classrooms, reception, lab, offices etc. to be carried out. In Training Centres where hostel facilities are also being offered to the students, usable area for

hostel shall also be verified.

• Type of building: The Centre inspector should check the type of building i.e. Industrial building,

standalone building, commercial building etc. The inspector shall qualitatively evaluate and

record the quality of construction etc.

• Trainers’ credentials: The qualification, SSC’s approved TOT certificationand experience of all the trainers in the training Centre shall be verified against required documents.

• Availability of Aadhaar Enabled Biometric Attendance System: The inspector shall verify whether

the Training Centre is equipped with Aadhaar enabled Biometric Attendance System.

• Verification of physical infrastructure, equipment: Compliance check and qualitative evaluation

of the Training Centre infrastructure i.e. classrooms, overhead projectors, power backup, air-

conditioning etc. shall be carried out. Presence of IT infrastructure and internet facility in the

training Centre shall also be verified. The mandatory requirements as per the Accreditation

Standards shall be verified.

• The Inspection Agency needs to interact with the trainers and other relevant staff of the

Centre. The Inspection Agency shall deploy only those personnel who have the adequate

qualifications, training, experience and knowledge of the requirements of the Centre

inspections to be carried out. Inspection Agency shall also ensure that the competent

personnel carrying out inspection have appropriate practical and theoretical knowledge and

experience of the various parameters to be inspected in an Training Centre i.e. equipment to

be thoroughly examined, square feet area of the Centre, capacity of the Centre etc.

• The Inspection Agency to also capture a video covering the entire Centre infrastructure and

related parameters as per the Accreditation Standards Grading Metrics and CAAF

• It is expected that the Inspection agency shall provide training to its personnel covering working

knowledge of the Training Centre, equipment and systems, training documentation, significance

50 | P a g e

of various parameters, typical problem areas etc. Inspection Agency has to check the

authenticity of the documents/ data during the processes carried out.

• The Inspection Agency shall prepare a Standard Operating Procedure (SOP) Document for

conducting the accreditation activities.

• The Inspection Agency will be allocated the Training Providers and Centres as per their

empanelment for the different States and will be provided login credentials for SMART portal

for conducting the accreditation related activities. Minimum 2 IAs will be selected per State, in

case of UT it will decided on the volume expected.

• Once the Training Provider/ Centre has been allocated to the Inspection Agency for the review

of CAAF, the Inspection Agency cannot change the assigned task/re-assign the task without

proper justification and approval from the Client.

Continuous Monitoring Process:

• Continuous Monitoring is a regular process to track quality benchmarks of affiliated training

centres with respect to the Accreditation & Affiliation

• Continuous Monitoring helps in offering a dynamic grade to the TC on a periodic basis, based

on its performance and compliance

• It helps in ensuring that TCs adhere to lab, classroom, trainer and equipment standards laid

down for a job role by respective SSCs and do not compromise with the quality of trainings

delivered

• The current continuous monitoring process involves remote monitoring through push

notifications (100% TC coverage) and surprise visits (minimum 10% TC coverage which were

conditionally accredited & affiliated or accredited & affiliated in previous quarter)

• Inspection Agencies would be required to conduct Desktop assessment of response of push

notifications received from TCs

• In case a TC responds to <60% parameters during quarterly push, its score will get reduced by

20% on the 10th day of that quarter; the new score will become the baseline score

• However, in case a TC responds to more than or equal to 60% parameters during quarterly push,

its score remains unchanged

• If TC wants to increase the score, it can do the same only by re-inspection process

• After successful re-inspection, the updated score will become the new baseline score

Other Conditions to be considered:

• In addition, monitoring dashboards are provided to States and SSCs to keep track of TC

empaneled with them

• Inspection Agencies working in the same State cannot exchange the allocated Training Centres

among each other. No sharing of resources would be allowed among selected/empaneled

Inspection Agencies.

• Inspection Agency must follow a code of conduct while conducting the onsite visits and must

have a robust policy in place for cases related to breach of code of conduct

• The content of the report and its format should be finalized in consultation with NSDC.

• Periodic progress reports to be submitted to NSDC for inputs / suggestions. The agency may be

called upon by NSDC to discuss progress in the project at regular intervals.

4. Duration of the Project

The project is of 2 years.

51

5. Requirements

• Credentials of the Organization/Consultant: Company background including experience in

similar projects, years in business will be considered in the evaluation criteria. Key projects and

assignment relevant to such assignments shall be included in the proposal.

• Approach and Methodology including Work Plan, Organization and Staffing: The technical

proposal should also clearly identify the strategy being adopted to address the various

challenges faced during the assignment. Evaluation marks will depend on, among other things,

how well these questions have been addressed in the technical proposal.

Additional Requirements after being on-boarded:

• Details of Team deployed for Desktop Assessment and Inspection to be shared with their

sectoral competency after getting on-boarded by the selected agency

Selected agency to share policy related to Blacklisting, Compliance, Code of conduct etc.

6. Team Structure

• The Inspection Agency (bidder’s) team would comprise of the following:

o Team Leader

o Quality Assurance team with demonstrated experience in service, agriculture,

manufacturing and engineering sectors and quality assurance work

o Operations team comprising of Desk Assessors and Inspectors for visiting the Centres

should be suitably qualified and experienced as per the job role to be validated at the

Centre. The number of inspectors to be deployed would be determined by the Inspection

Agency (bidder)

• The Team Leader would be the one point contact in the Inspection Agency with whom NSDC

would be interacting with. The QA team would ensure that quality is maintained in the

operations of the Inspection Agency. The QA team members would sign off the validation report

as recommended by its inspector for each Training Centre and only then the process of validation

by Inspection Agency would be deemed complete. The Operation Heads are expected to ensure

coordination amongst the operations of the Inspector to achieve cost efficiencies and higher

effectiveness through coordination. The Inspectors would inspect the Training Centre for

validation and for surprise visits.

• The resumes of the Team leader, QA team ( members of service, Healthcare, agriculture and

manufacturing sector) and lead inspectors would be evaluated for scoring in the technical

competency section. The requirements are given below.

Team Composition &Qualification Requirements for the Members are as below:

Nature of

Key

Personnel

Number

of

Persons

Qualification Experience Desired Profile for the Key

Personnel

Team

Lead

1 MBA/ Masters

from a reputed

Institution

Minimum of 10

years professional

Experience

including working

Overall responsibility of the

success of the program as

per the Terms of reference

and empanelment.

52 | P a g e

on projects on

validation,

ratings, skills,

vocational

education and

other relevant

field to this

assignment.

- Should have leadership,

business acumen,

teamwork, time

management, excellent

communication abilities

and analytical thinking.

- Liaise with NSDC on

project implementation

and periodically assess

project progress. Take

mid-course corrective

action as required.

- Serve as the point of

contact for internal and

external

communication,

providing a single

consistent interface and

regional operations

resource, Lead project

implementation and

oversee all technical and

managerial decisions

related to delivery

including M&E systems,

capacity building, and

stakeholder

management;

- Ensure quality oversight

of all products and

services provided by the

program.

- Evaluate the impact of

validation

methodologies in use,

on an on-going basis.

QA Team Required

as per the

number

of

Centres

available

for

validation

Minimum

Graduate,

preferably BE/

B.Tech in

manufacturing/

engineering/

services/

Healthcare/

Agriculture

sectors

Minimum of 5 to 7

years professional

experience in

the sector

including working

on

projects on

quality assurance,

validation,

Ratings, skills,

vocational

Coordinate and supervise

all the quality control

activities related to the

project.

- Should have leadership,

business acumen,

teamwork, time

management,

excellent

communication abilities

53

education and

other relevant

field to this

Assignment.

and analytical thinking

- Supervise, train,

monitor and assist

inspectors

- Perform quality control

on inspector’s work to ensure the client

receives quality service.

- Review inspection

reports and monitor the

effectiveness of the

inspections.

- Communicate with

clients and team, other

stakeholders involved

- Identify defects and

their causes, find ways

to improve, run tests.

- Identify and record

quality problems.

Initiate actions to

prevent occurrence of

conformance and verify

implementation

solutions.

- Conduct quality training

for inspectors

- Participate in

Inspections on a sample

basis including surprise

inspections. Carry out

quality audits

Desk

Assessors

and

Inspectors

Required

as per the

number

of

Centres

available

for

validation

Minimum

Graduate,

preferably BE/

B.Tech in

manufacturing/

engineering/

services/

Healthcare/

Agriculture

sectors

Minimum 3 to 5

years of

experience in the

respective sector

- Inspect the Centre as

per Accreditation

Standards Checklist laid

down by SSC for

concerned job roles at

the Training Centre.

- Knowledge of the

sector/ job role for

which he/she goes for

the inspection.

- Knowledge of the use of

IT tools including tablet/

smart phone to capture

the data points including

geo tagged and time

stamped pictures.

54 | P a g e

- Submit the report of

validation to the QA

team on time , so that

the Client / SSC / other

stakeholders receive

quality reports with in

the Timelines

4. Term of Payments

The service fee for Validation for Training Provider and Training Centre shall be paid on the

Terms of Payment Milestones as specified below:

S.No. Particulars Payment Milestone for TP and TC DA

1. Desktop Assessment of Training

Provider Registration form

Amount decided as per contract will

be paid once application is Deemed

Ready

2. Desktop Assessment of Training Centre

Accreditation Application form (CAAF)

Amount decided as per contract will

be paid once application is Deemed

Ready

S.No. Particulars Payment Milestone for Inspection

1 Completion of Physical Inspection and

Submission of Inspection Report

60% of the Field Verification amount

decided as per contract

2 (a) Inspection Agency recommends

Accreditation for the Training Centre

and SSC agrees with the

recommendations of the Inspection

Agency



2 (b) Inspection Agency recommends


and SSC does not agree with the

recommendations of the Inspection

Agency

a) The case is taken to Accreditation

Committee and the Committee takes a

decision in favour of the Inspection

Agency.

b) The case is taken to Accreditation

Committee and the committee takes a

decision in favour of SSC’s observations.

a) 35% of the Field Verification

amount decided as per

contract will be paid

b) 35% of the Field Verification


contract will not be paid

2 (c) Inspection Agency does not recommend


55

and Training Centres Appeals to

Accreditation Committee:

a) Committee takes a decision in favour

of the Inspection Agency.

b) Committee takes a decision in favour

of Training Center.

a) 35% of the Field Verification


contract will be paid

b) 35% of the Field Verification


contract will not be paid

2 (d) Inspection Agency does not recommend


and Training Centres does not appeal to

Accreditation Committee within 15 days

of receiving the result of accreditation

status



S.No. Particulars Payment Milestone for Continuous

Monitoring

1 (a) Desktop Assessment of response

received from TC for Continuous

Monitoring push notifications

Amount decided for SAR Report (push

notifications) as per the contract will

be paid per push notifications

2 (b) Surprise Inspections (10% of overall TCs) Amount decided for Continuous

Monitoring – Normal States, UTs,

Special Areas as per the contract

Payment Schedule and Service Level Agreement:

• Invoices may be raised on monthly basis for the number of Centers visited.

• For every payment due to the empaneled bidder in case of Center Validation and Surprise

Visit, 95% of the amount shall be paid, and the remaining 5% amount shall be made at the

end of the year from the date of awarding the contract, after reviewing the yearly

performance/services/deliverables/ timelines/ complaints and any other factor that may

need consideration. Performance of Inspection Agency shall be monitored by NSDC.

Service Level Agreement

Penal Clauses - Validation and Continuous Monitoring of Training Centres in the Skills

Ecosystem

Particulars of Delay & Faults Penalty to be imposed

Evaluation of CAAF:

Delay by the Inspection Agency to perform Desktop

Assessment of CAAF.

A penalty of 1% of fee fixed for

Desktop Assessment of CAAF per

day per centre for delay beyond

56 | P a g e

the maximum days’ timeline as

provided in Table Turn Around

Time for DA and Inspection.

On Site Centre Inspection (Physical Inspection is Mandatory):

Delay for on-site Field Visit for the Training Centres. A penalty of 1% of amount due for

Completion of on-site Field Visit

per day per center for delay

beyond the maximum days’ timeline as provided in Table Turn

Around Time for DA and Inspection

Delay by Inspection Agency to submit the Centre

Validation Report with recommendations of Accreditation

status to stakeholders

A penalty of 1% of amount due for

Submission of on-site Field Visit

report per day per center for delay

beyond the maximum days’ timeline as provided in Table Turn

Around Time for DA and Inspection

Note: The Amount of Penalty per Training Centre shall not cross the fee payable for the respective

payment milestone to which the particular delay pertains.

Particulars of Delay & Faults Penalty to be imposed

Review by the Accreditation/ Appellate/ Any other Committee:

Recommendation as provided by the Inspection Agency is

found inappropriate or incorrect as decided by the

Accreditation Committee.

Inspection Agency will not be paid

35% of the total amount due for

Inspection for the center (amount

decided as per contract). If the

Committee directs the Inspection

Agency for physically revisiting the

Training Centre, no extra payment

shall be made to the Inspection

Agency for such cases.

Continuous Monitoring

If it is found that the SAR report / document submitted by

the Inspection Agency was fabricated/ misrepresented/

forged by Inspection Agency.

At First Instance: Centre monitoring

fee for that report shall not be paid

by NSDC.

At Second Instance (not necessarily

related to that specific centre):

Centre monitoring fee for that report

57

shall not be paid by NSDC and, NSDC

may terminate the Agreement.

Delay by Inspection Agency to submit SAR to NSDC. A penalty of 1% of the monthly

monitoring fee per day submission of

that SAR.

Notwithstanding anything contained anywhere in the Agreement, all penal clauses as mentioned in

above table will be effective only from the date of signing of this Agreement between the Parties.

Also, in case if any activity is on hold due to specific request by NSDC or pending any clarification

from NSDC, Inspection Agency shall not be liable to pay any penalty. Also, in case of any

change/variation in the accreditation guidelines or the process (including any changes in portal or

software), Inspection Agency shall be provided mutually agreed time to stabilize the operation and

during such period, no penalties can be imposed for any delay.

5. Review and Reporting

The performance and deliverables of the service provider will be reviewed as per the ToR and

scope of work by NSDC on continuous basis.

6. Confidentiality

Except with the prior written consent of NSDC, the Service provider shall not at any time

communicate to any person or entity any confidential information acquired in the course of

the Services, nor shall the Service provider make public the recommendations formulated in

the course of, or as a result of, the Services.

7. NSDC reserves the right to cancel the RFP process at any point of time.

8. In case price discovered post RFP process is not feasible, NSDC reserves the right to cancel the

Procurement process.

58 | P a g e

Tentative format of agreement

THIS Framework Agreement (“Framework Agreement”) is entered into this 19th day of December

2017 by and between

1. National Skill Development Corporation, (CIN: U85300DL2008NPL181612) a company

registered under Companies Act, 1956 having its registered office at 301, 3rd Floor, West

Wing, Worldmark-1, Aero City, New Delhi – 110 037 (hereinafter referred to as “NSDC” or “the Purchaser”), and

2. [enter firm name] (CIN: [enter CIN], a company registered under [Enter statute name]

having its registered office at [enter registered office address] (hereinafter referred to as

“the Firm” OR “Service Provider”).

This Agreement is a binding contract but imposes no obligation on the Purchaser to purchase the

estimated or any quantity from the Firm. The Purchaser and Firm may hereinafter be referred singly

as “Party” and collectively as “Parties”.

WHEREAS, the Purchaser wishes to have the Firm supply the Goods or Services hereinafter referred

to, and

WHEREAS, the Firm is willing to supply these Goods or Services,

NOW THEREFORE THE PARTIES hereby agree as follows:

1. Scope

1.1. The Purchaser has entered into this Framework Agreements with the Firm in order to allow

Purchaser to award an order (“Order” or Purchase Order”) under the Framework Agreement.

1.2. The Firm shall supply the Goods or Services as and when the NSDC issues the Orders

specifying the details of Goods or Services to be delivered along with the delivery schedule and

consignee’s address. 1.3. If the Firm rejects/ does not provide quotation when such a request is sought to award an

order, over three times, the Purchaser shall be entitled to terminate this Framework agreement.

1.4. The indicative scope of the work/ goods and services to be provided by the Firm is provided

in Annexure-1

2. Term

This framework agreement shall be effective from []and shall be valid for a period of [] during

the period commencing from the date of empanelment.

3. Standards

59

The Goods or Services supplied under this Agreement shall conform to the standards mentioned

in the Technical Specifications/Scope of Work and, when no applicable standard is mentioned,

to the authoritative standards appropriate to the Goods’ country of origin.

4. Use of Documents and Information

The Service provider shall not, without the Purchaser’s prior written consent, disclose the Agreement, or any provision thereof, or any specification, plan, drawing, pattern, sample, or

information furnished by or on behalf of the Purchaser in connection therewith, to any person

other than a person employed by the Firm in the performance of the Agreement.

5. Fraud and Corruption

5.1. Under this Framework Agreement means: (a): "Corrupt Practice": means offering, giving, receiving, or soliciting anything of value to

influence the action of NSDC’s official)s(: in the procurement process or in the Framework

Agreement execution; and

(b) "Fraudulent Practice":means a misrepresentation of facts in order to influence a procurement

process or the execution of the Framework Agreement and includes collusive practices among

Firms )prior to or after bid submission(:designed to establish bid: proposal prices at artificial, non-:competitive levels:

5.2. It should be kept in mind that all actions towards award of Framework Agreement and its

implementation on the ground have to be fair, consistent, transparent and based on highest

standard of ethics: : Similarly, the Firm is expected to observe the highest standard of ethics

during procurement and execution of Framework Agreement: : 5.3. In pursuance to above: : 5.3.1. Framework Agreement may be immediately terminated, if NSDC determines that the Firm

and: or its employees, sub-contractors, sub-consultant, sub-:vendors, agents have engaged

in corrupt or fraudulent practices in competing for the Framework Agreement;

5.3.2. Portion of the funds allocated to a Framework Agreement may be cancelled, in full or in part,

if it is determined that corrupt or fraudulent practices were engaged by the Firm and: or its

employees, subcontractors: sub-consultants, sub-vendors, agents for getting the Framework

Agreement or during the execution of a Framework Agreement;

5.3.3. The Service Provider may be declared as ineligible, either indefinitely or for a stated period

of time, to be awarded the Framework Agreement or any contract, if NSDC, at any time,

determines that the Firm has been engaged in corrupt or fraudulent practices in competing

for or in executing the Framework Agreement: :

6. Conflict of Interest

The Service provider declares that it (or any affiliate that directly or indirectly controls, is

controlled by, or is under common control with Firm) has not been engaged by the Purchaser to

provide consulting services for the preparation of the design, specifications, and other

documents to be used for the procurement of the Goods described in this framework

agreement.

7. Registration of Goods

60 | P a g e

If required under the Applicable Law, Goods supplied under the Agreement shall be registered

for use in India.

8. Performance Security

Within twenty-one (21) days from date of signing of the Framework Agreement award, the Firm

shall furnish to the Purchaser the performance security of [Rs. 10 lakhs] The performance

security shall be denominated in Indian Rupees, and shall be in the form of an unconditional

bank guarantee issued by a nationalized/scheduled bank located in India acceptable to the

Purchaser, in the format provided by the Purchaser. The performance security will be returned

to the Firm not later than thirty (30) days following the date of expiry of the Framework

Agreement and Orders issued under this Framework Agreement, including any warranty

obligations.

9. Inspections and Tests

Pre-dispatch inspection (to check compliance to technical specifications/scope of work defined

in annexure - 1) may be carried out by the Purchaser or an Firm appointed and paid by Purchaser

for this purpose. Goods shall be dispatched only after receipt of satisfactory inspection report

and communication to this effect by NSDC/ Inspection Firm. These tests will be prior intimated

by NSDC to the Firm and will be done if required.

10. Packing

The Firm shall provide such packing of the Goods (if required) as is required to prevent their

damage or deterioration during transit to their final destination, as indicated in the Order.

11. Delivery and Documents

11.1. Delivery of the Goods/Services shall be made by the Firm in accordance with the terms

specified in the Orders/Scope of Work. The shipping and/or other documents to be

furnished by the Firm are (a) two originals and two copies of the Firm’s invoice, showing Purchaser, the Framework Agreement number, Order number; Goods’ description, quantity, unit price, and total amount. Invoices must be signed in original and stamped or sealed with

the company stamp/seal; (b) two copies of delivery note showing Purchaser’s name and delivery through to final destination as stated in the Order; (c) one original of the

manufacturer’s or Firm’s Warranty certificate covering all items supplied; and (d) copy of the Certificate of Inspection furnished to Firm by the nominated inspection Firm (where

inspection is required).

11.2. Documents or soft files will be sent to NSDC as per requirements of the assignment. Final

product should be in ready to print/work or high-resolution files as desired by the concerned

section/division. Firm will be responsible for taking precautionary measures against any

plagiarism, or copy righted material; that must not to be used for NSDC assignment.

12. Insurance

The Goods/Services supplied under the Orders to be issued under the Agreement shall be

adequately insured against loss or damage incidental to manufacture or acquisition,

transportation, storage, and delivery.

61

13. Transportation

The price indicated in Orders for Goods/Services shall include the cost of transportation.

14. Payment

Hundred (100) percent of the Price of Goods/Services received under each Order shall be paid

by NSDC within thirty (30) days of receipt of the Goods/Services upon submission of valid invoice

and other documents described in Clause 12 of this Framework Agreement.

15. Prices

NSDC shall issue the Order either through Email or post/courier or physical delivery. The details

about the price / rate, taxes and incidental expenses e.g. insurance, delivery charges, octroi,

loading and unloading charges etc., as determined by NSDC and agreed by Firm in accordance

with the Request for Quotation/Proposal (if any) process, shall be mentioned in each respective

Purchases Order. NSDC will ask for the quotation from Empaneled firms to obtain their financial

costs for the requirement. The Firm will be selected based on Substantive responsive and Lowest

Evaluated price.

16. Amendments

Any variation or modification to this Framework Agreement or the Orders shall be made only by

written amendment signed by the Parties.

17. Assignment

The Firm shall not assign, in whole or in part, its obligations to perform under this Framework

Agreement, except with the Purchaser’s prior written consent.

18. Delays in the Firm’s Performance Delivery of the Goods/Services and performance of related Services shall be made by the Firm

in accordance with the time schedule prescribed by the Purchaser in the Order. If at any time

during performance of the Order, the Firm should encounter conditions impeding timely delivery

of the Goods and performance of Services, the Firm shall promptly notify the Purchaser in writing

of the fact of the delay, it’s likely duration, and its cause(s). As soon as practicable after receipt

of the Firm’s notice, the Purchaser shall evaluate the situation and may at its discretion extend the Firm’s time for performance, with or without liquidated damages, in which case the extension shall be ratified by the parties by amendment of the Order.

19. Liquidated Damages

Subject to Clause 18, if the Firm fails to deliver any or all of the Goods or to perform the Services

within the period(s) specified in the Order, the Purchaser shall, without prejudice to its other

remedies under the Agreement, deduct from the Order Price, as liquidated damages, a sum

equivalent to 0.5% of price of the delayed Goods or unperformed Services for each week or part

thereof of delay until actual delivery or performance, up to a maximum deduction of the 10% of

the Order price. Once the maximum is reached, the Purchaser may consider termination of the

Framework Agreement or the Order pursuant to Clause 20.

20. Termination for Default

20.1 The Purchases may terminate this Agreement with immediate effect, with a written

notice, if the Firm, in the judgment of the Purchaser has engaged in fraud and corruption,

as defined in Clause 5, in competing for or in executing the Framework Agreement.

62 | P a g e

20.2 The Purchaser, without prejudice to any other remedy for breach of the Agreement, by

written notice of fifteen (15) days of default sent to the Firm, may terminate this

Agreement in whole or in part:

(a) if the Firm fails to deliver any or all of the Goods or services within the period(s) specified

in the Order, or within any extension thereof granted by the Purchaser; or

(b) if the Goods or services do not meet the Technical Specifications/Scope of Work or

registration requirement (if any) stated in the Framework Agreement and / Order; or

(c) if the Firm fails to perform any other obligation(s) under the Framework Agreement.

20.3 In the event the Purchaser terminates the Framework Agreement in whole or in part,

pursuant to this Clause, the Purchaser may procure, upon such terms and in such manner

as it deems appropriate, Goods or Services similar to those undelivered under Orders

issued prior to such termination, and the Firm shall be liable to the Purchaser for any

excess costs for such similar Goods or Services.

21. Termination for Insolvency

The Purchaser may at any time terminate the Agreement by giving written notice to the Firm if

the Service Provider becomes bankrupt or otherwise insolvent.

22. Termination for Convenience

The Purchaser, by written notice sent to the Firm, may terminate the Framework Agreement or

the Order, in whole or in part, at any time for its convenience. The notice of termination shall

specify that termination is for the Purchaser’s convenience, the extent to which performance of the Firm under the Agreement or Order is terminated, and the date upon which such termination

becomes effective. The Goods or Services that are already supplied before the Firm’s receipt of notice of termination shall be accepted by the Purchaser at the terms and prices described in

the Framework Agreement and the Order.

23. Dispute Resolution

Any dispute arising out of this Framework Agreement, which cannot be amicably settled

between the Parties, shall be referred to adjudication/arbitration in accordance with the

Arbitration and Conciliation Act of 1996 of India. The venue of adjudication/arbitration shall be

New Delhi.

24. Applicable Law

The Agreement shall be interpreted in accordance with the laws of Union of India.

25. Notices

Any notice given by one Party to the other pursuant to this Framework Agreement shall be sent

to the other Party in writing. The Purchaser’s addresses for notice purposes is: CEO and Managing Director, NSDC


301, West Wing, Worldmark-1,

Aero City, New Delhi – 110 037

Phone: +011-47451600-10

The Firm’s addresses for notice purposes is: []

63

26. Taxes and Duties

The Firm shall be entirely responsible for all taxes, duties, license fees, etc., incurred until

delivery of the contracted Goods or services to the Purchaser.

27. Intellectual Property

27.1 The Service Provider agrees not to use or misuse or register as the owner, licensee, or cause

to be registered, nor assist any other person or entity in misusing or in registering as the

owner or causing to be registered, in any part of the world, any trademark, trade name,

service mark, copyrights, insignias, symbols, know-how, trade dress, slogans and logos,

photographs and images currently used and to be used in the future (including emblems,

services and rights in the distinctive design and signs, or combinations thereof) and all

similar proprietary rights belonging to NSDC or associated with NSDC’s work / Services (“Intellectual Property”).

27.2 The Service Provider understands that the data and information are collected and compiled

for NSDC in order to meet its business requirements. The information collected for this

assignment as well as provided by Service Provider to NSDC are the sole and absolute

property of NSDC. Service Provider understands and appreciates that the formats prepared

and the data submitted by Service Provider to NSDC therefore constitute trade secrets.

Service Provider therefore understands and acknowledges that the property including

formats, data and information collected by its personnel in terms hereof are the sole and

absolute property of NSDC.

27.3 The Service Provider hereby agrees and undertakes that it has no interest whatsoever in the

information collected by it and the formats created and shall not use the same for any

purposes whatsoever other than as set out in this Framework Agreement.

27.4 The Service Provider hereby represents and warrants that none of its activity, software,

documentation etc. used under this Framework Agreement and / or provided to NSDC does

or will infringe any Intellectual Property Rights held by any third party and that it has all

necessary rights or at its sole expense shall have secured in writing all transfers of rights and

other consents necessary to make the assignments, licenses, and other transfers of

Intellectual Property Rights for NSDC to own or exercise all Intellectual Property Rights as

provided in this Framework Agreement. The Service Provider further represents and

warrants that it has secured / shall secure all necessary written agreements, consents, and

transfers of rights from its employees and other persons or entities whose services are used

for providing Services.

27.5 The Service Provider hereby represents and warrants that none of its activity, software,

documentation etc. used under this Framework Agreement and / or provided to NSDC does

or will infringe any Intellectual Property Rights held by any third party and that it has all

necessary rights or at its sole expense shall have secured in writing all transfers of rights and

other consents necessary to make the assignments, licenses, and other transfers of

Intellectual Property Rights for NSDC to own or exercise all Intellectual Property Rights as

provided in this Framework Agreement. The Service Provider further represents and

warrants that it has secured / shall secure all necessary written agreements, consents, and

transfers of rights from its employees and other persons or entities whose services are used

for providing Services.

27.6 The Service Provider, subject to any restrictions applicable to any third-party materials

embodied in the Deliverables, hereby grants to NSDC a perpetual and exclusive rights to

64 | P a g e

use, copy and prepare derivative works of the Deliverables, for purposes of publication and

/ or NSDC’s internal business (which includes any business associated with any Ministry of India) only. All other intellectual property rights in the Deliverables shall remain with and/or

are assigned to NSDC

The term, "Deliverables", means:materials that are originated and / or prepared for NSDC

by the Service Provider (either independently or jointly with NSDC or third parties) and

delivered / to be delivered to NSDC during the course of Service Provider’s performance under this Framework Agreement

27.7 NSDC shall have or obtain no rights in any Service Provider Knowledge Base other than (a)

to use the same on a non exclusive and non transferable basis and otherwise as authorized

by Service Provider, (b) to the extent the Service Provider Knowledge Base is incorporated

into a Deliverable, to use it on a non exclusive and non transferable basis as part of the

Deliverable for purposes of NSDC’s internal business objective (which includes any business associated with any Ministry of India), or (c) pursuant to Service Provider ’s standard licence for such Service Provider Knowledge Base or, in the case of Service Provider Knowledge Base

owned by third parties, pursuant to terms acceptable to the applicable third party and as

intimated to NSDC by Service Provider. If any Service Provider Knowledge Base is made

available to NSDC under (a) above, it will be made available in an “AS IS” condition and without express or implied warranties of any kind; and any Service Provider Knowledge Base

made available under (c) above shall be subject only to applicable terms of the applicable

licence.

The term, " Service Provider Knowledge Base ", means material existing prior to

commencement of the Framework Agreement, or developed outside the scope of the

services under this Framework Agreement, that are proprietary to Service Provider or to

third parties, including all intellectual property rights therein and together with any

enhancements and/or modifications thereto, provided that such enhancements and/ or

modifications are not developed as part of the Deliverables under this Framework

Agreement

27.8 The Parties shall cooperate with each other and execute such other documents as may be

necessary or appropriate to achieve the objectives of this Clause.

27.9 The Service Provider shall be free to use its general knowledge, skills and experience, and

any ideas, concepts, know-how, and techniques (which does not contain any information,

data, input etc. of the Services or any reference of this) that are acquired or used in the

course of providing the Services.

27.10 This Clause shall survive the termination or expiry of this Framework Agreement.

28. Confidentiality

28.1 During the course of performance of the obligations under this Framework Agreement, the

Service Provider may have access to information which could be confidential and

proprietary information of NSDC as well as of its associates, affiliates, partners or its clients,

including but not limited to business plans, financial information, mechanisms, business

related functions, activities and services, computer lists, knowledge of customer needs and

preferences, trade secrets, business strategies, marketing strategies, methods of

operation, tax records, markets, data or other proprietary information relating to products,

processes, know-how, designs, formulas, developmental or experimental work, computer

programs, data bases, other original works of authorship, other valuable information,

65

personally identifiable information, confidential information and trade related information

relating to the activities of NSDC or its associates and partners (collectively the

“Confidential Information”). Any Confidential Information shall be considered confidential

regardless of whether or not it is expressly marked as being confidential or proprietary and

regardless of the form in which such information is communicated to the Service Provider,

whether it be oral, in writing or by any other form or mode of communication (including,

but not limited to electronic or magnetic recordings and e-mail communications).

28.2 The Service Provider agrees and undertakes not to disclose or disseminate (or cause to be

disclosed or disseminated), whether directly or indirectly, Confidential Information to any

third party, without the express prior written authorization by NSDC. Without prejudice to

the generality of the foregoing, it is understood that Confidential Information may be

disclosed by the Service Provider only for the purpose of complying with its contractual

obligations under this Framework Agreement. In any event, the Service Provider shall

ensure that any person to whom Confidential Information is communicated by the Service

Provider, must abide by the terms of this Clause 28 as if they were themselves a party to it.

28.3 Notwithstanding the foregoing, the Service Provider may disclose Confidential Information,

while safeguarding to the greatest extent possible the confidential nature of the

Confidential Information, to its legal advisors, tax consultants and accountants or other

member firms of Service Provider or Service Provider’s information technology vendors for the purpose of performance of its obligations under this Framework Agreement only and

not for any other purpose or for carrying out internal, support, administrative, support,

financial purposes, risk management or other quality checks for the Service Provider after

obtaining prior written permission from NSDC.

28.4 The Service Provider undertakes not to use (and to take reasonable efforts to cause any

person to whom it has communicated Confidential Information not to use) Confidential

Information, except in accordance with this Framework Agreement. More generally,

nothing in this Framework Agreement related to the disclosure of Confidential Information

shall be interpreted as a licence, implicit or explicit, to use the Confidential Information in

any manner other than as contemplated herein or, more generally, for the purpose for

which it was disclosed.

28.5 The Service Provider shall, in particular, take all reasonable measures, which are

appropriate to safeguard the Confidential Information. The Service Provider shall

immediately inform NSDC in writing of any unauthorized use or disclosure of Confidential

Information of which it may become aware and it shall assist NSDC in ending such

unauthorized use or disclosure.

28.6 All Confidential Information (including, but not limited to, documents, drawings, sketches

and electronic or magnetic recordings and e-mail communications) on which Confidential

Information appears or is recorded shall remain the NSDC’s property. Accordingly, except for the purpose of sharing Confidential Information with persons to whom disclosure is

permitted, the Service Provider unequivocally undertakes not to make any copies of

Confidential Information without the NSDC’s prior written consent and it shall immediately, at NSDC’s first request (i) return to NSDC or destroy all copies of such Confidential Information it may be holding; and (ii) confirm in writing to NSDC that any such media

containing Confidential Information in any form has been returned to NSDC or completely

destroyed so that the Confidential Information is no longer readily recoverable. Provided

however, that the Service Provider may retain such copies of such Confidential Information

that may be required by it for its legal and regulatory purposes.

66 | P a g e

28.7 At NSDC’s request, the Service Provider shall provide NSDC with a detailed list of any person(s) to whom Confidential Information has been disclosed/ communicated by it.

28.8 It is understood that Confidential Information shall not include any information which:

(i) has entered the public domain prior to its disclosure or subsequently, provided in the latter

case that such entry was not due to the Service Provider’s action or inaction, or due to the action or inaction of any third party to whom it may have communicated Confidential

Information;

(ii) was received from a third party in a lawful and unrestricted manner without violation of

the terms hereof or of the terms of a similar agreement; and

(iii) was known to the Service Provider at the time of its disclosure, the burden of proof in such

case being placed on the Service Provider.

28.9 In the event the Service Provider is required, under any law or by a court order, to disclose

any Confidential Information, it may make only such disclosure while safeguarding to the

greatest extent possible the confidential nature of the Confidential Information that would

satisfy the requirement of such law or such court order, as the case may be, and nothing

more. It is further agreed that before making any such disclosure, the Service Provider shall

consult NSDC to the extent legally permissible and reasonably practicable in the

circumstances.

28.10 The Service Provider recognizes that the protection of Confidential Information is

essential to NSDC and that any unauthorized disclosure of Confidential Information is likely

to cause NSDC significant harm and prejudice. Accordingly, without prejudice to any other

recourse available to NSDC (including injunctive or interlocutory relief), the Service

Provider acknowledges, agrees and undertakes that in the event of a breach of any terms

of this Clause 29 caused by it or any third party to whom such Confidential Information has

been disclosed, the Service Provider shall hold NSDC harmless and fully indemnified which

NSDC may have suffered as a result of such disclosure.


29. Indemnity

29.1 Without limiting any other rights which NSDC may have under this Framework Agreement

and under law, the Service Provider shall indemnify, defend, hold harmless and keep

indemnified NSDC, its associates, partners or its directors or its employees from and against

any claim or loss including without limitation, fines, penalties, fees, damage, costs (including

legal fees and expenses) liability (whether criminal or civil) suffered and/or incurred by

NSDC, its affiliates or its directors or its employees arising from or in connection with the

supply of goods and / or performance of the services by the Service Provider under this

Framework Agreement or due to any breach of the terms and condition of this Framework

Agreement including any covenants, obligations and representations and warranties of the

Service Provider, or with any applicable laws and regulations governing the performance of

the Services by the Service Provider under this Framework Agreement.

29.2 The Firm shall indemnify the Purchaser against all third-party claims of infringement of

patent, trademark, or industrial design rights arising from use of the Goods or any part

thereof

29.3 The provisions of this Clause shall survive the termination or expiry of this Framework

Agreement.

67

30. Relationship

30.1 Nothing contained herein shall be construed as creating a partnership or a joint venture

or a principal - agent or an employer-employee relationship between the Parties. The

Service Provider shall always remain an independent Service Provider during the term of

this Framework Agreement and shall always solely remain liable to NSDC or any third

party for all its acts and omissions to act during the course of providing the Services under

this Framework Agreement. The Service Provider unequivocally, unambiguously,

irrevocably and explicitly acknowledges that this Framework Agreement is not subject to

any employment law(s) or related statute(s)


31. Waiver

The failure of either NSDC or the Service Provider to enforce, in any one or more instances,

performance of any of the terms, covenants or conditions of this Framework Agreement shall

not be construed as a waiver or a relinquishment of any right or claim granted or arising

hereunder or of the future performance of any such term, covenant, or condition, and such

failure shall in no way affect the validity of this Framework Agreement or the rights and

obligations of NSDC and the Service Provider hereto. NSDC and the Service Provider

acknowledge that a waiver of any term or provision hereof may only be given by a written

instrument executed by each of NSDC and the Service Provider, as the case may be, hereto.

32. Severability

Any provision of this Framework Agreement which is prohibited, unenforceable or is

declared or found to be illegal, unenforceable or void in any jurisdiction shall, as to such

jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without

invalidating the remainder of such provision or the remaining provisions of this Framework

Agreement or affecting the validity or enforceability of such provision in any other

jurisdiction. If any such invalidity substantially affects or alters the commercial basis of this

Framework Agreement, NSDC and the Service Provider shall negotiate in good faith to amend

and modify the provisions and terms of this Framework Agreement as may be necessary or

desirable in the circumstances to achieve, as closely as possible, the same economic or

commercial effect as the original provisions and terms of this Framework Agreement.

*********************execution page follows ************************

IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY AND

YEAR FIRST HERE IN ABOVE WRITTEN.

For and on behalf of National Skill

Development Corporation

For and on behalf of []

68 | P a g e

------------------------------------

Name: Manish Kumar

Designation: Managing Director & Chief

Executive Officer

--------------------------------

Name:

Designation:

In the presence of witnesses:

-------------------------------------

Name:

Address: 301, 3rd Floor, West Wing , World

Mark 1, Asset 11, Aerocity, New Delhi

110037

In the presence of witnesses:

---------------------------------

Name:

Address:

ANNEXURE -1- Scope of work and Specifications

Date post:	23-Jun-2020
Category:	Documents
Upload:	others
View:	0 times
Download:	0 times