No: A2J/POCSO Film/07/14 Ministry of Law and Justice
Department of Justice Government of India
REQUEST FOR PROPOSAL FOR
Development of two short films on the Protection of Children against Sexual Offences Act, 2012 – one for the purpose of training on the law and the other
for the purpose of spreading awareness about the law.
Date of Issue
September 8, 2016
Closing Date
September 23, 2016
No: A2J/POCSO Film/07/14 Ministry of Law and Justice
Department of Justice Government of India
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Dated: September 8, 2016
Subject: Request for Proposal (hereinafter RFP) for “Development of two short
films on the Protection of Children against Sexual Offences Act, 2012 – one for the purpose of training on the law and the other for the purpose of spreading awareness about the law”.
You are requested to submit a proposal for undertaking the “Development of
two short films on the Protection of Children against Sexual Offences Act, 2012 – one for the purpose of training on the law and the other for the purpose of spreading awareness about the law”, as per the terms of this RFP.
Both technical and financial proposals should be sealed in a separate envelope and then further sealed in an outer envelope along with a cover letter. Kindly mention the title of the proposal on the outer envelope and well as separate envelops of the technical and financial proposals as “Development of two short films on the Protection of Children against Sexual Offences Act, 2012 – one for the purpose of training on the law and the other for the purpose of spreading awareness about the law”. Please also clearly indicate ‘TECHNICAL PROPOSAL and ‘FINANCIAL PROPOSAL’ on the respective envelops.
Your proposal should reach the following address on or before September 23,
2016, 15:00hrs
The Director (LAP) GoI and UNDP Project on Access to Justice for Marginalised People Department of Justice Ministry of Law and Justice Room No. 12 E Jaisalmer House 26, Mansingh Road, New Delhi-110011
If you request for additional information, the same shall be provided
expeditiously, but any delay in providing such information will not be considered a reason for extending the submission date of your proposal. For any queries you may write to: [email protected] or [email protected]. Terms of this RFP are attached herewith.
Request for Proposal for “Development of two short films on the Protection of Children against Sexual Offences Act, 2012
I. Background and Context: The Department of Justice, Ministry of Law and Justice, Government of India is implementing a Project with UNDP support on “Access to Justice for Marginalized People” in the States of Bihar, Chhattisgarh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Uttar Pradesh. The Project focuses, on the one hand, on improving institutional capacities of key justice service providers to enable them to effectively serve the poor and disadvantaged and on the other hand, directly empowering the poor and disadvantaged men and women to seek and demand justice services. In the previous phase (2009-12) the Project reached out to approximately 2 million people in the 7 Project States. 7000 paralegal workers were created and 300 lawyers were trained and sensitised. Many knowledge products were created including booklets containing simplified legal information, short films, community radio programmes, training modules etc. The second phase of the Project has started w.e.f. 2013 for a period of 5 years. The geographical coverage under this phase of the Project will be in all eight States. The Project proposes to develop two short films on the Protection of Children against Sexual Offences Act, 2012 (hereinafter POCSO). POSCO is a ground breaking law which for the first time has addressed child sexual abuse specifically and sensitively. POSCSO defines a child as any person below eighteen years of age. It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography. The Act also prescribes code of conduct for the police, CWC, medical practitioners who come in contact with the child victim so as to minimise further victimization of the child. In other words, the above agencies/persons have been placed in the role of child protectors during the investigation process. “Being a victim of child sexual abuse is a traumatic experience. POCSO Act 2012 takes care of the fact that in course of seeking justice, victim is not traumatized further by secondary victimization. And to ensure this, a special provision of child friendly courtroom trial has been made. The Act provides for the establishment of Special Courts for trial of offences under the Act, keeping the best interest of the child as of paramount importance at every stage of the judicial process. The Act incorporates child friendly procedures for reporting, recording of evidence, investigation and trial of offences. These include: • Frequent breaks for the child during trial • Child not to be called repeatedly to testify • No aggressive questioning or character assassination of the child • In-camera trial of cases As mentioned above, POCSO Act outlines many procedural safeguards designed to enable a less traumatic experience for the child victim without compromising on the quality of the investigative process. But how often are these applied and why do they fail? For the Act to translate into better justice, there is need for special training for police officials who are allocated such cases and also regular sensitization for Judicial Officers who are trying such cases in the Courts and Special Prosecutors who appear in such cases.
In addition, there are many safeguards which through are not part of the POCSO Act but nonetheless to be considered by the law enforcement agencies and judges to minimise victimization of the child such as, no child to be detained in the police station in the night for any reason, police officer to not be in uniform while recording the statement of the child. Several studies have pointed out that the implementation of POCSO in its true letter and spirit is a challenge. There is a need for training of judicial officers, law enforcement agencies and all other persons/ agencies involved in the various stages of investigation and trial so that they are able to perform their role efficiently and promptly.1 Secondly, it is also important that general masses are aware of the provisions of POCSO and legal safeguards provided therein so that such crimes can be prevented, reported in a timely manner. Awareness of the law gives rise to confidence on the legal process, therefore, it is important that people especially the marginalised communities are better informed of their rights as well as the roles and responsibilities of various agencies as mandated by POCSO.
a. Request for Proposal The Department of Justice, Ministry of Law and Justice, Government of India, hereby invites proposals in accordance with GFR Guidelines Rule 171 from highly competent agencies/individuals (hereinafter ‘Bidder(s)’) to develop two short films on POCSO 2012. The first film will be a training film for the training and sensitisation of judicial officers and law enforcement agencies on the provisions of POCSO. The duration of the film will be 15-17 minutes. The second short film will be an awareness film to inform general masses about the provisions of POSCO. This film will be of 5-7 minutes duration. In the course of preparing your Proposal, it shall remain your responsibility to ensure that it reaches the address above on or before the deadline. Proposals that are received by Department of Justice after the deadline indicated above, for whatever reason, shall not be considered for evaluation. Services proposed shall be reviewed and evaluated based on completeness and compliance of the Proposal and responsiveness to the requirements of the RFP. The Proposal that complies with all of the requirements, meets all the evaluation criteria, and offers the best value for money shall be selected and awarded the contract. Any offer that does not meet the requirements shall be rejected.
II. Validity of Proposal The proposal shall be valid for a period of ninety (90) days from the due date for receiving the proposal.
III. Objectives of the Short Films:
Training and sensitisation of judicial officers and law enforcement agencies on the provisions of POCSO.
Spreading awareness about the provisions of the Act amongst the general masses.
1 Report of Study on the working of Special Courts under the POCSO Act, 2012 in Delhi. https://www.nls.ac.in/ccl/jjdocuments/specialcourtPOSCOAct2012.pdf; 2. Child Sexual Abuse: Issues and Concerns http://icmr.nic.in/ijmr/2015/july/editorial.pdf
IV. Key Deliverables
Short film for training purposes on POCSO – 15-17 minutes
Awareness film on POCSO – 5-7 minutes
V. Methodology:
a. In this section, please propose a methodology for completing the present assignment in a time bound manner.
b. Your understanding of the issues related to implementation of POCSO c. Research on the issue of child sexual abuse which may include desk
research as well as interviews of victims, social workers, special police unit, judges, medical officers, CWC members among others, visits to CWC, child protection homes, court rooms among others.
d. Focus of the film e. Brief outline of the idea/ story for the short films. f. Key milestone and timelines g. Team composition and expertise of team members h. Any other information
VI. Reporting and Monitoring Arrangements:
a. After signing of the contract the selected agency/individual will submit a work plan to DoJ within ten days.
b. Agency/Individual will inform DoJ well in advance before travelling to project locations for the purpose of the film.
c. The script of both the films will be submitted for approval of DoJ before beginning the shooting.
d. The agency/individual will present the first cut of the training film and awareness film within three months of the signing of the contract.
e. The agency/individual may be required to attend meetings at DoJ to review the progress of the assignment. The expenses for the same shall be borne by the agency/individual.
VII. Key Qualification and Experience:
a. The agency/individual shall have a minimum 5 years of experience in making documentary films on socio legal issues.
b. As the short films will focus on demystifying the provisions of the law for general masses as well as for training of judicial officers, police among others, the agency/individual must demonstrate a sound understanding of legal issues.
c. Ability to deliver required outputs and planned results in a time bound manner. d. Please specify experience of team members as well e. Please provide dvds of the short films/documentary on socio legal issues that
have been produced/directed/scripted by you or any other work that demonstrates your understanding of child rights and child protection laws.
VIII. Duration of the Project: 4 months
IX. Submission of Proposal Kindly submit your proposal sealed in an outer big envelope containing cover letter, technical proposal and financial proposal in separate sealed envelopes therein, quoting as the subject or as RFP for “Development of two short films on the Protection of Children against Sexual Offences Act, 2012 – one for the purpose of training on the law and the other for the purpose of spreading awareness about the law”. Please also clearly indicate ‘TECHNICAL PROPOSAL and ‘FINANCIAL PROPOSAL’ on the respective envelops.
X. Deadline for submission of proposals
Your proposal should reach the following address on or before 3:00pm on or before September 23, 2016
The Director (LAP) GoI and UNDP Project on Access to Justice for Marginalised People Department of Justice, Ministry of Law and Justice Room No. 12 E, Jaisalmer House 26, Mansingh Road, New Delhi-110011
XI. Late Proposals
Any Proposal received by the DoJ after the deadline for submission of proposals, pursuant to clause X Deadline for the submission of proposals, will be rejected.
XII. Opening and Evaluation of Proposals
a. Opening of proposals: DoJ will open the Proposals in the presence of an Expert Committee formed by the DoJ. Technical Proposal will be opened at 10 am on September 26, 2016. The bidders are welcome to be present.
b. Clarification of proposals: To assist in the examination, evaluation and
comparison of Proposals, DoJ may at its discretion, ask the Bidder for clarification of its Proposal. The request for clarification and the response shall be in writing and no change in the budget or substance of the Proposal shall be sought, offered or permitted.
XIII. Evaluation and comparison of proposals
A two-stage procedure is followed in evaluating the proposals. First the technical
proposals are evaluated for their compliance with the terms of the RFP. Those
technical bids which score 70% or above become eligible for stage 2. In the
second stage, the financial proposals of select bidders are opened by an expert
committee at a specified date and time. The bidder which has the lowest financial
proposal is selected and awarded the contract.
Technical evaluation criteria
Sl No
Evaluation Criteria Total Score
1 Expertise and experience on making films on socio legal issues 20
2 Experience of working with Government Agencies 10
3 Relevant experience & qualifications of the proposed team members 25
4 Quality of the proposal submitted & alignment of the proposal with the RFP, project objectives and deliverables
20
5 Methodology 25
Total 100
NOTE: DoJ reserves the right to do a reference check on the organisation’s
background and work
The scores noted in the evaluation sheet are tentative and can be changed
depending on the need or major attributes of technical proposal.
XIV. Award criteria and Award of Contract
DoJ reserves the right to accept or reject any Proposal, and to annul the solicitation
process and reject all Proposals at any time prior to award of contract, without
thereby incurring any liability to the affected Bidder or any obligation to inform the
affected Bidder or Bidders of the grounds for the Purchaser’s action
Prior to expiration of the period of proposal validity, DoJ will award the contract to
the qualified Bidder whose Proposal after being evaluated is considered to be the
most responsive to the needs of the organisation and activity concerned.
XV. DoJ’s right to vary requirements at the time of award
DoJ reserves the right at the time of award of contract to vary the quantity of services specified in the RFP without any change in price or other terms and conditions.
XVI. Deliverables and Payment
Billing and payments in respect of the Services shall be made as follows:
Instal-ments
Deliverables Stage Payment
(Percent of Total)
1st Submission and approval of Work Plan / Methodology 30 %
2nd Submission and approval of the script 40 %
3rd Submission and approval of the first cut of the training film and awareness film
20 %
4th Submission and approval of the final version of th training film and awareness film
10 %
Total 100 %
i) The Department of Justice will retain from the first instalment, by way of
Performance Security, 5% [five per cent] of the total amount of the contract to be appropriated against breach of the agreement or for recovery of liquidated damages. The balance remaining out of the Performance Security shall be returned [without any interest] to the agency at the end of four months after the successful completion of the project.
ii) In case of delay in the completion of services, liquidated damages not exceeding an amount equal to 0.2% (zero point two percent) of the Contract Value per day, subject to a maximum of 5 % (five percent) of the Contract Value will be imposed and shall be recovered by appropriation from the Performance Security or otherwise. However, in case of delay due to reasons beyond the control of the agency, suitable extension of time shall be granted.
iii) The DOJ shall have the right to appropriate the Performance Security, in whole or in part, without notice to the agency in the event of breach of Agreement or for recovery of liquidated damages.
XVII. Information to agencies regarding the procedure for submission of
Financial Proposal
Applicants should submit the financial proposal as stated below, clearly indicating the total cost of the study in both figures and words, in Indian Rupees, and with initials on each page and full signatures on the last page by the Bidder/ Team Leader. In the event of any difference between figures and words, the amount indicated in words shall be taken considered as final. In the event of a difference between the arithmetic total and the total shown in the Financial Proposal, the lower of the two shall be taken as final.
While submitting the Financial Proposal, the agency should ensure the following:
a. Grand Total cost (including all taxes, costs for deliverables by Agency must also be indicated)
b. All the costs associated with the assignment shall be included in the Financial Proposal. These shall normally cover remuneration of the team members, accommodation, travel/fare, boarding, lodging, data collection, review, data entry, shooting, editing and finalising the short films. The total amount indicated in the Financial Proposal shall be without any condition attached or subject to any assumption, and shall be final and binding. In case any assumption or condition is indicated in the Financial Proposal, it shall be considered nonresponsive and liable to be rejected.
c. The Financial Proposal shall take into account all expenses and tax liabilities. For the avoidance of doubt, it is clarified that all taxes shall be deemed to be included in the costs shown under different items of the Financial Proposal. Further, all payments shall be subject to deduction of taxes at source as per applicable laws.
d. Costs (including break down of costs) shall be expressed in INR.
e. Statement on behalf of the applying agency and its collaborating partners, if any expressing unconditional acceptance of the terms of the RFP and that the cost indicated in the Financial Proposal is final and reflecting the total cost of services. Omissions, if any, in costing any item shall not entitle the agency to
be compensated and the liability to fulfil its obligations as per the RFP within the total quoted price shall be that of the agency.
FORMAT FOR TECHNICAL PROPOSAL
1. Project Title
2. Name of the Organisation
3. Head of the organisation
4. Contact Details including email
5. Please introduce your organization indicating past experience in the subject area.
a. Please provide description of team (team leader, team members) with brief backgrounds of team members.
b. Name, Designation, Qualifications & Experience (No. of years)
c. Relevant experience of the agency/individual. Please provide dvds of the short films/documentary on socio legal issues that have been produced/directed/scripted by you or any other work that demonstrates your understanding of child rights and child protection laws.
6. Please provide a methodology for developing the two short films.
9. Please provide time schedule with milestones / performance targets
10. Please provide information pertaining to the registration of the organization and please attach a copy of the of the organization’s Registration Certificate
11. Please provide names and contact details of 2 funding agencies that have supported the work of the organization in the last 5 years.
12. Please provide information on whether the project will be co-funded by another source.
13. Please provide annual reports if any for the last three years.
14. Please attach audited Balance Sheet with Statements of Accounts for last 3 years.
15. Any other information that the Bidder wishes to provide.
16. Please provide answers to following questions:
a. Has the agency submitting proposal or any of its collaborating partners been penalized by any organization for poor quality of work or breach of contract in the last five years? Yes/No
b. Has the agency submitting proposal or any of its collaborating partners ever failed to complete any work awarded to it by any public entity/ Planning Commission in last five years? Yes/No
c. Has the agency submitting proposal or any of its collaborating partners been blacklisted by any Government department/Public Sector Undertaking in the last five years? Yes/No
GENERAL TERMS OF CONTRACT
1. Legal status
The agency/Bidder shall be considered as having the legal status of an independent Bidder vis-à-vis DOJ. The agency's personnel, collaborating partners and sub-Bidders shall not be considered in any respect as being the employees or agents of DOJ or Ministry of Law and Justice.
2. Source of instructions
The agency shall neither seek nor accept instructions from any authority external to DOJ in connection with the performance of its services under this contract. The agency shall refrain from any action which may adversely affect DOJ and shall fulfil its commitments with the fullest regard to the interests of DOJ.
3. Agency's responsibility for employees
The agency shall be responsible for the professional and technical competence of its employees and will select, for work under this contract, reliable individuals who will perform effectively, respect the local customs, and conform to a high standard of moral and ethical conduct.
4. Assignment The agency shall not assign, transfer, pledge or make other disposition of this contract or any part thereof, or any of the Bidder's rights, claims or obligations under this contract except with the prior written consent of DOJ.
5. Sub-contracting
In the event the agency requires the services of sub-Bidders, the agency shall obtain the prior written approval and clearance of DOJ for all sub-Bidders. The approval of DOJ of a sub-Bidder shall not relieve the agency of any of its obligations under this contract. The terms of any sub-contract shall be subject to and conform with the provisions of this RFP.
6. Officials not to benefit
The agency warrants that no official of DOJ has received or will be offered by the agency any direct or indirect benefit arising from this contract or the award thereof. The agency agrees that breach of this provision is a breach of an essential term of this contract.
7. Indemnification
The agency shall indemnify, hold and save harmless, and defend, at its own expense, DOJ, its officials, agents, servants and employees from and against all suits, claims, demands, and liability of any nature or kind, including their costs and expenses, arising out of acts or omissions of the agency, or the agency's employees, officers, agents or sub-Bidders, in the performance of this contract. This provision shall extend, inter alia, to claims and liability in the nature of workmen's compensation, products liability and liability arising out of the use of patented inventions or devices, copyrighted material or other intellectual property by the agency, its employees, officers, agents, servants or sub-Bidders. The obligations under this article do not lapse upon termination of this contract.
8. Encumbrances/liens
The agency shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on file or to remain on file in any public office or on file with DOJ against any money due or to become due for any work done or materials furnished under this contract, or by reason of any other claim or demand against the agency.
9. Title to equipment
Title to any equipment and supplies that may be furnished by DOJ shall rest with DOJ and any such equipment shall be returned to DOJ at the conclusion of this contract or when no longer needed by the agency. Such equipment, when returned to DOJ, shall be in the same condition as when delivered to the agency, subject to normal wear and tear. The agency shall be liable to compensate DOJ for equipment determined to be damaged or degraded beyond normal wear and tear.
10. Use of name, emblem or official seal of DOJ, GOI
The agency shall not in any manner whatsoever use the name, emblem or official seal of DOJ in connection with its business or otherwise, without written approval from the concerned party.
11. Confidential nature of documents and information
All maps, drawings, photographs, mosaics, plans, reports, recommendations, estimates, documents and all other data compiled by or received by the agency under this contract shall be the property of DOJ, shall be treated as confidential and shall be delivered only to DOJ authorized officials on completion of work under this contract. The agency may not communicate at any time to any other person, government or authority external to DOJ, any information known to it by reason of its association with DOJ which has not been made public except with the authorization of DOJ; nor shall the agency at any time use such information to private advantage. These obligations do not lapse upon termination of this contract.
12. Termination
Either party may terminate this contract for cause, in whole or in part, upon thirty days notice, in writing, to the other party. The initiation of arbitral proceedings in accordance with "settlement of disputes" stated below shall not be deemed a termination of this contract. DOJ reserves the right to terminate without cause this contract at any time upon 15 days prior written notice to the agency. In the event of any termination by DOJ, no payment shall be due to the agency except for work and services satisfactorily performed in conformity with the express terms of this contract. The agency shall take immediate steps to terminate the work and services in a prompt and orderly manner and to minimize losses and further expenditures. Should the agency be adjudged bankrupt, or be liquidated or become insolvent, or should the agency make an assignment for the benefit of its creditors, or should a receiver be appointed on account of the insolvency of the agency, DOJ may, without prejudice to any other right or remedy it may have, terminate this contract forthwith. The agency shall immediately inform DOJ of the occurrence of any of the above events.
13. Settlement of disputes
Amicable settlement:
The parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of, or relating to this contract or the breach, termination or invalidity thereof.
Arbitration:
i) In the event of any dispute or difference between the parties hereto, such disputes or differences shall be resolved amicably by mutual consultation. If such resolution is not possible, then the unresolved dispute or difference shall be referred to arbitration of the sole arbitrator to be appointed by the Secretary, Department of Justice, on the recommendation of the Secretary, Department of Legal Affairs (“Law Secretary”), Government of India. The provisions of Arbitration and Conciliation Act, 1996 (No. 26 of 1996) shall be applicable to the arbitration.
The venue of such arbitration shall be at New Delhi or any other place, as may be decided by the arbitrator.
The language of arbitration proceedings shall be English. The arbitrator shall make a reasoned award (the “Award”), which shall be final and binding on the parties.
The cost of the arbitration shall be shared equally by the parties to the agreement. However, expenses incurred by each party in connection with the preparation, presentation shall be borne by the party itself.
ii) Pending the submission of and/or decision on a dispute, difference or claim or until the arbitral award is published; the Parties shall continue to perform all of their obligations under this Draft Agreement without prejudice to a final adjustment in accordance with such award.
14. Privileges and immunities
Nothing in or relating to this contract shall be deemed a waiver, express or implied, of any of the privileges and immunities of the DOJ.
15. Copyright
Intellectual Property Rights including all Intellectual Property Rights on any subject matter part of the training programs including copyright on any of the creations thereunder shall vest with the Department of Justice. Appropriate logos will be used and copyright will also be accordingly asserted stating that the material may be used after acknowledgement.
16. Adherence to timelines
The agency understands and agrees that the proposed assignment is to be conducted in a time bound manner and any delay on its part may impact the funding for the assignment. Funding will not be released beyond 30th March 2017, except the performance security amount, unless mutually agreed between DoJ and the agency.
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