REQUEST FOR PROPOSAL (RFP)
Selection of Consultants for Assistance in
preparation of strategic roadmap and program
management for Rajasthan State Road Transport
Corporation (RSRTC)
Rajasthan State Road Transport Corporation
Head Office: Parivahan Marg,
Chomu House, Jaipur (Rajasthan) – 302001
Telephone Number: 0141-2373044, 9549456745
Fax: 0141-2374658,2374654,2360313
E-Mail: [email protected]
Website: www.rsrtc.rajasthan.gov.in
Selection of Consultants for Assistance in preparation of strategic roadmap and program management for Rajasthan
State Road Transport Corporation
Page 2
Contents
Disclaimer 3
Definitions 4
Section 1: Letter of Invitation 5
Section 2: Terms of reference 6
Section 3: Instructions to Applicants 14
Section 4: Bid Submission Formats 27
Selection of Consultants for Assistance in preparation of strategic roadmap and program management for Rajasthan
State Road Transport Corporation
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Disclaimer
The information contained in this Request for Proposal (hereinafter referred to as “RFP”)
provided to the Applicant(s), by Rajasthan State Road Transport Corporation (hereinafter
referred to as “RSRTC” or “the Corporation”) or any of its employees or advisors, on the
terms and conditions set out in this RFP and all other terms and conditions subject to which
such information is provided.
The purpose of this RFP is to provide the Applicant(s) with information to assist in the
formulation of their Applications. This RFP does not purport to contain all the information
each Applicant may require. This RFP may not be appropriate for all persons, and it is not
possible for RSRTC, their employees or advisors to consider the business/ investment
objectives, financial situation and particular needs of each Applicant who reads or uses this
RFP. Each Applicant should conduct its own investigations and analysis and should check
the accuracy, reliability and completeness of the information in this RFP and where
necessary obtain independent advice from appropriate sources. RSRTC, their employees
and advisors make no representation or warranty and shall incur no liability under any law,
statute, rules or regulations as to the accuracy, reliability or completeness of the RFP.
RSRTC may, in their absolute discretion, but without being under any obligation to do so,
update, amend or supplement the information in this RFP.
Selection of Consultants for Assistance in preparation of strategic roadmap and program management for Rajasthan
State Road Transport Corporation
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Definitions
Unless the context otherwise requires, the following terms whenever used in this RFP and
Agreement have the following meanings:
a) “Applicable Law” means the laws and any other instruments having the force of law
in India as they may be issued and in force from time to time.
b) “Applicant/s” means any private or public entity which expresses interest in this
RFP and submits a formal proposal to RSRTC as per the guidelines of this RFP.
c) “Competent Authority” means the Chairman, RSRTC or Chairman and Managing
Director, RSRTC ( as the case may be).
d) “Committee” means committee constituted by Competent Authority, RSRTC for
evaluation of Technical Proposals.
e) “Consultant” means any private or public entity, on the panel drawn up by RSRTC
in pursuance of this RFP, which will provide the services to the Corporation under the
Agreement.
f) “Agreement” means the Agreement signed by the parties for performing the
Services along with the entire documentation specified in the RFP.
g) “Day” means Calendar day.
h) “Effective Date” means the date on which the agreement comes into force and
effect.
i) “Corporation” means Rajasthan State Road Transport Corporation (RSRTC).
j) “Personnel” means professional and support staff provided by the Consultant and
assigned to perform services to execute an assignment and any part thereof.
k) “Proposal” or “Bid” means proposal (technical and financial) submitted by
Applicants in response to the RFP issued by RSRTC.
l) “Services” means the work to be performed by the Consultant pursuant to the
selection by the Corporation and to the Agreement to be signed by the parties in
pursuance of any specific assignment awarded to them by RSRTC.
m) “Expert” means an individual professional whose skills, qualifications, knowledge
and experience are critical to the performance of the services under the contract.
Selection of Consultants for Assistance in preparation of strategic roadmap and program management for Rajasthan
State Road Transport Corporation
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Section 1: Letter of Invitation
1.1 Rajasthan State Road Transport Corporation (RSRTC) invites proposals for “Assistance
in preparation of strategic roadmap and program management for RSRTC”.
1.2 The agreement period shall be for a period of 24 months from the date of signing of the
Agreement. During this period, the Consultant shall prepare strategic roadmap and
provide program management services.
1.3 Consultant deployed on job shall use their own infrastructure (e.g. laptops, data cards
etc.) when performing the services as defined in the RFP. RSRTC may provide its
premises for the consultant's official work related to the Agreement.
1.4 Accordingly, through this RFP, Technical and Financial proposals are invited for providing
Consultancy Services to RSRTC.
1.5 All bids must be valid for a period of 180 days from the last date of submission of tender.
No request shall be considered for price revision during agreement period. If necessary,
RSRTC shall seek extension in the bid validity period beyond 180 days. The Applicants,
not agreeing for such extensions will be allowed to withdraw their bids without forfeiture of
their EMD.
1.6 Amendment of RFP Document
At any time till 7 days before the deadline for submission of bids, RSRTC may, for any
reason, whether at own initiative or in response to a clarification requested by a
prospective Applicant, modify the bid document by amendment. All prospective
Applicants shall be intimated of the amendment in writing by e-mail or fax but RSRTC
would not be responsible if the Applicant do not get such intimation individually. All such
amendments shall be binding on all the Applicants. RSRTC also reserves the rights to
amend the dates mentioned in the Key Events and Date.
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State Road Transport Corporation
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Section 2: Terms of Reference
2.1 Introduction to RSRTC
RSRTC is a public sector passenger road transport corporation providing services in the
State of Rajasthan and other states in India such as Gujarat, Haryana, Uttar Pradesh, Delhi
and others. With a fleet size of 4,500 buses and 52 depots, it operates 17 lakh kilometres
and carries 10 lakh passengers daily.
At present RSRTC has ordinary, express, deluxe, semi deluxe, A.C. (Gandhi Rath and
sleeper), air condition, Volvo (also with LCD and/or pantry), sleeper and Mercedes buses in
its fleet.
RSRTC is desirous of formulating a comprehensive strategic roadmap with a view to
improve its overall performance in the areas of operations, finance, IT and human resource.
A special emphasis is intended towards IT implementation in the corporation. It is envisaged
to cover all functional and operational areas of the organization with a view to taking the
fullest benefit of modern ICT in improving its operational efficiencies. The need for a
comprehensive strategic roadmap is:
a) To provide a roadmap for complete modernization of the corporation with a well-
defined phased approach and milestones for achieving the desired objectives.
b) To pave a way for an integrated and focused implementation approach.
c) To assimilate information across the organization in the different segments/ divisions.
d) To optimize IT resources including manpower across the organization.
e) To have short-term, medium-term and long-term measurable objectives for
implementation of the strategies.
f) To budget, deploy and monitor its spending on various interventions identified.
A comprehensive strategic roadmap shall help it in meeting its objectives and adopt a
coherent approach to improve its operational efficiency, increase transparency, have better
managerial controls and decision taking capability, enhance its public image and provide
better services to citizens.
RSRTC hereby invites detailed proposals as mentioned herein, from interested Applicants
for participating in the proposed venture of RSRTC and intends to select the Consultant
through an open competitive bidding process in accordance with procedures setout herein.
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State Road Transport Corporation
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2.2 Scope of the Project
The scope of work of the Consultant would include the Services in two phases. These
phases would be:
Phase 1: Strategic Roadmap
Phase 2: Program Management
Phase 1: Strategic roadmap (4 months)
1. Identify key stakeholders (government bodies, private operators, users, financiers,
vendors, employees etc.)
2. Collect secondary data and details from relevant departments to conduct current
state assessment of RSRTC:
a) Operational performance
Routing services: Assess the route operated, route definition, route
number, average number of passengers carried per peak hour and per
day, earnings per day, bus-km operated, maximum peak hour load,
average peak hour load.
Fleet: Assess the fleet inventory comprising of model, age, fuel, seating
capacity, total capacity, pollution rating, repair record, average number of
buses under repair per day, number of buses not operated per day,
number of buses operated daily.
Commuter facilities: Determine the number of bus stops, terminals,
customer service centres. Condition of facilities to be assessed in terms
of handles existing passenger loads adequately, offers sun/weather
protection, provides sufficient lighting, is accessible to persons with
disabilities, provides customer information; has secure cycle parking; is in
a good state of repair, and has an adequate cleaning schedule.
Depots, maintenance facilities and procedures: Prepare inventory of
depot facilities including name, location, land area, number of buses
operated from the depot, overnight parking capacity, number/type of staff,
and maintenance capabilities at each depot. Also document existing
maintenance capabilities, including the bus towing capacity; average
duration for various types of repairs; and ability to handle maintenance of
technologies present on new buses, such as Euro 4 pollution control
technologies. Document interior and exterior bus cleaning procedures,
including the number of buses that are cleaned each night at each depot.
Customer information: Determine the existing capacity to disseminate
customer information through various media including, television, radio,
newspapers, web, telephone, and print and audio announcements on
buses/at stations.
Ticketing mechanism: Assess the state of digitisation of ticketing, linking
the ticket collection to a central database, daily ticket collection figures.
Marketing: Assess existing marketing and branding practices and the cost
spent on them.
b) Institutional aspects
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State Road Transport Corporation
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Governance: Determine the existing division of responsibilities between
RSRTC and other stakeholders on making process, transparency,
accountability at various levels, public/ community participation.
Human resources: Analyse the current organisation structure, identify
redundancies, work overload pattern in the staffing structure,
management structure and internal communications procedures.
c) IT systems: Assess the current state of computerisation and other IT
enablement procedures adopted. The various aspects to be considered
before formulating an IT Policy for RSRTC shall be user friendliness, focus on
data consolidation and integrity, most suitable and scalable system
architecture, security and audit, business continuity, technological innovations
and leading practices, focus on e-governance and citizen services and
integration with legacy systems.
Study of current state of IT implementation in terms of available
infrastructure, nature of bus transport operations, business requirements
in short, medium & long term, gap analysis, strategy for filling up of gaps,
etc.
Study of various business processes of RSRTC
Identification of areas where IT Implementation shall be required by
RSRTC in short, medium and long terms
d) Financial performance:
Assess the expenditure and revenue statements, current revenue model,
financial position, financial management aspects, sources and use of
funds including balance sheet analysis for the last 5 years.
Study list of existing capital and operating expenses, including
administration; operations; bus procurement; bus maintenance;
construction and maintenance of facilities; taxes and other government
fees; and interest payments.
Prepare a detailed accounting of operational and non-operational
revenues i.e. revenues from ticket sales, pass sales, advertisement, land
rent, government grants, scrapping of buses, and other sources. The
Financial Assessment will also include an inventory of RSRTC‟s fixed
assets records covering land, buildings, equipment, and vehicles.
Identify the external funding sources such as international donor
agencies, funds, etc.
3. Identify gaps and challenges in all the above mentioned areas and document them
for discussion with RSRTC.
4. Leading practice study: Conduct analysis of other state road transport corporations
(SRTCs) in India and other developing countries to identify leading practices in
respective areas to develop the strategic roadmap
5. Recommend an overall strategic roadmap comprising of:
a) Operational strategy: Shall cover the areas of fleet management, route
rationalisation, automated ticketing solutions, intelligent transport systems,
customer service and facilities, along with suggestion on preferred mode of
implementation
b) Advise RSRTC on Key Performance Indicators (KPIs) to appropriately
measure the benefits and associated costs
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State Road Transport Corporation
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c) Institutional strategy: Shall focus on aspects related to organisation
restructuring, capacity building, human resource management, and
stakeholder management including suggestion on IT setup
d) Financial strategy: Determine the capital investment required to implement
interventions proposed in phases, identify revenue augmentation and cost
reduction avenues including those on PPP basis, effective use/ sale of
property assets, consider outsourcing of select activities, corporate
sponsorships, etc.
e) Funding strategy: Identify the sources of funds to support the required
interventions for RSRTC such as international funding agencies, central, state
etc.
f) IT strategy: It shall focus on the following
Advise RSRTC on using Information Technology for optimizing revenue
and reducing losses
Provide a comprehensive change management plan for suggested IT
Roadmap
Preparation of conceptual plans for implementation of required IT
systems functional area wise in different phases - short, medium & long
term, along with funding requirements, comprehensive capacity building
strategies.
Broad level assessment of existing & required infrastructure, assessment
of net required infrastructure, from the point of view of optimal re-
deployment of existing resource.
g) Marketing strategy: Providing concessions, loyalty cards, schemes, etc., to
improve the ridership.
h) Suggest optimum implementation strategies in view of least fund deployment
& best service delivery controls
Phase 2: Program management (20 months)
In this phase, the implementation of the suggested roadmap shall be monitored to ensure
that the desired results are achieved in a time bound manner. The activities shall be as
follows:
1. Identify and select the vendors through bid process management
a) Prioritize activities and identify vendors
b) Assist in appointment and interaction with prospective vendors
c) Assist in project structuring whenever required
d) Assistance in bid management [Expression of Interest (EOI)/ Request for
Proposal (RFP) preparation]
e) Provide advice on terms of agreement
f) Participate in meetings and interactions with shortlisted agencies
g) Agreement management with all such agencies
h) Provide support in SPV formation wherever applicable
2. Standardize the bid process management process along with the agreements, in
order to reduce the entire procurement/ vendor identification process.
3. Create a monitoring and reporting framework
a) Monitoring framework
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State Road Transport Corporation
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Enlist all the key plans and activities to be undertaken for strategic plan
Prepare a monitoring framework including major projects/ activities,
routes, milestones, expected results and monitor the results as per each
factor
Each monitoring framework would be finalized post discussion with
RSRTC
b) Monitoring of vendors as per agreements
Monitor the work of each of the vendor/s as per the agreement
conditions.
Highlight any discrepancy in timelines or work undertaken
Provide regular updates on the same to concerned department of RSRTC
c) Year-on-year traffic monitoring and financial performance
Track all the activities for traffic performance. The tracking would be
project-wise and route-wise.
Undertake quarterly financial mapping and compare it with last year and
last quarter
Undertake trend analysis, growth rate analysis.
Identify any hurdles or growth areas and support RSRTC in addressing/
implementing the same.
Provide regular updates on the same to concerned department.
d) Work closely with relevant departments of RSRTC and provide:
Monthly status reports which would include minutes of meetings
attended, any presentations made and any other updates
Updated monitoring framework
Identify the gaps in terms of physical resources or manpower and give
recommendations on capacity building
e) Assist in accessing funds from funding agencies including coordination,
preparation of documents, notes and presentations.
2.3 Deliverables and Timeline
Consultant will provide following deliverables as per the given timelines to RSRTC:
S.
No.
Stages Time schedule (in
months)
Phase 1
1 Submission of Current State Assessment Report T0 + 2
2 Draft report on To-Be state T0 + 3
3 Discussions with the various stakeholders on the
recommendations
T0 + 3.5
4 Finalization and submission of Final Report T0 + 4
Phase 2
5 Project Monitoring and bid management services T1 + 20
T0 indicates date of commencement of phase 1, T1 Indicates date of commencement of
phase 2.
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State Road Transport Corporation
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2.4 Project Team
The Consultant should have following team members for this project:
S.
No.
Position proposed Qualification Experience Required in
phase
1 Project Leader
(Strategy and
Management)
Post graduate degree
in Urban Transport or
MBA
15 years working as a project
leader in relevant similar
projects with the government
departments
Phase 1 and
Phase 2
Subject Matter Experts
1 Urban Transport
Expert
Post graduate or
graduate degree in
Engineering/
Technology or
equivalent
15 years relevant experience
of working in transport sector
Phase 1 and on
requirement
basis in Phase 2
4 Financial Expert Chartered Accountant
or MBA (Finance)
10 years relevant experience
in managing project
financials, financial modelling
and similar services
Phase 1 and on
requirement
basis in Phase 2
2 ITES Expert Post graduate or
graduate degree in
Engineering/Technolo
gy
10 years MIS and/or ERP
implementation experience in
government department,
SRTUs
Phase 1 and on
requirement
basis in Phase 2
3 HR Expert Post graduate degree
in Human Resource
Management or
equivalent
15 years organisation
restructuring and/or capacity
building experience in
government departments
Phase 1 and on
requirement
basis in Phase 2
6 Procurement Expert MBA Finance or
equivalent
15 years PPP or vendor
management experience in
relevant or similar sectors
Phase 1 and on
requirement
basis in Phase 2
5 Marketing and
Strategy Expert
MBA Finance or
Marketing
10 years in market or
industry analysis, strategy
formulation and stakeholder
consultations for public
projects
Phase 1 and on
requirement
basis in Phase 2
PMU Staff
1 Project Manager Post graduate degree
in transport or MBA
5-7 years of project
management experience
Phase 2
2 Team Member Graduate degree in 3-5 years of financial or Phase 2
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State Road Transport Corporation
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S.
No.
Position proposed Qualification Experience Required in
phase
(Finance) finance or commerce accounting experience
3 Team Member (IT) Graduate degree in
Engineering/Technolo
gy
3-5 years of IT
implementation experience
Phase 2
4 Team Member
(Support Staff)
Graduate degree in
relevant area
1-2 years of relevant
experience in similar sectors
Phase 2
The PMU staff shall be desired for delivering Phase 2 of the proposed services. The details
of the team members need to be submitted in the Format 2d.
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State Road Transport Corporation
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2.5 Payment Schedule
The fee payment to the Consultant would be made as per following schedule:
Deliverables Timeline Payment
Phase 1
Submission of current
assessment report
End of 2 months from start 5%
Submission of To Be reported
before stakeholder
consultations
End of 3 months from start 7.5%
Strategic Roadmap End of 4 months from start 12.5%
Phase 2
Progress update reports,
including agreed deliverables,
tender documents during the
phase 2
Monthly reports Payment milestones shall be
decided on mutually agreeable
basis before the start of Phase
2)
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State Road Transport Corporation
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Section 3: Instructions to Applicants
3.1 Cost of Tender Document
The cost of this tender document is Rs. 1,000/- (Rs. One Thousand Only) inclusive of all
taxes. The tender document can be obtained from the office of the „Executive Director
(Traffic), RSRTC, Parivahan Marg, Chomu House, Jaipur during office hours by
depositing Rs. 1,000/- (Rs. One Thousand Only) in cash or in the form of Demand Draft
(DD) in favour of “Financial Adviser, Rajasthan State Road Transport Corporation” payable
at Jaipur. This amount will be Non-Refundable. RFP Document can be downloaded from E-
Tendering website i.e. https://eproc.rajasthan.gov.in. In any case, the DD of Rs. 1,000/-
(Rs. One Thousand Only) should reach to RSRTC before pre bid meeting.
3.2 Bid Documents
Applicant is expected to examine all instructions, forms, terms, and requirements in
the RFP. Failure to furnish all information as required in the bid document or to submit
a Bid not substantially responsive to the bid document in any respect may result in the
rejection of the Bid.
3.3 Period of Engagement
The agreement period shall be for a period of 4 months for strategic roadmap
preparation and 20 months for providing program management assistance from the date
of signing the Agreement.
3.4 Amendment of Bid Documents
The amendments in any of the terms and conditions including technical specifications of
this RFP document will be notified on the website or would be given in writing as
per the provisions defined in Clause 1.6.
3.4 Cost of Bidding
The Applicant shall bear all costs associated with the preparation and submission
of its Proposal, including the cost of presentation for the purposes of clarification of the
bid, if so desired by RSRTC. RSRTC will in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the bid process.
3.5 Bid Security/Earnest Money Deposit (EMD)
3.5.1 The Applicant shall furnish, as part of their bid, a bid security of INR 1,50,000/-
(Rupees One Lac Fifty Thousand only)
3.5.2 The EMD shall be denominated in Indian Rupees, and shall be in the form of a
DD/Bankers Cheque drawn on a nationalized bank in favour of “Financial Adviser,
Rajasthan State Road Transport Corporation” payable at Jaipur. The EMD should be
enclosed with the technical proposal. The EMD should be valid for at least six
months. No interest shall be payable on Bid Security under any circumstance.
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State Road Transport Corporation
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3.5.3 Unsuccessful Applicant‟s Bid security shall be discharged or returned within sixty
(60) days after the expiry of the period of Bid validity prescribed in the RFP. No
interest shall be payable on this amount.
3.5.4 Bid security of the successful Applicants shall be discharged upon the Applicant
signing the Agreement.
3.5.5 The Bid security shall be forfeited at the discretion of RSRTC on account of one or
more of the following reasons:
The Applicant withdraws their Bid during the period of Bid validity
Applicant fails to co-operate in the Bid evaluation process
In case of a successful Applicant, the said Applicant fails:
o To furnish Performance Guarantee; or
o To sign the Agreement in time
The Applicant does not respond to requests for the clarification of their bid.
3.6 Procedure for Submission of Proposals
3.6.1 The bidders will submit their bids/offers in two parts namely, “Technical Bid” and
“Financial Bid”.
3.6.2 Bidder shall submit the Technical bid along with the documents, as described in
„Technical Bid Evaluation‟ Section of RFP and „Financial Bid‟ as per Form 4 in electronic
mode as per e-Tendering guideline before the last date and time of bid submission as
mentioned in the RFP. Tenders are to be submitted online in electronic format on
website https://eproc.rajasthan.gov.in. RSRTC shall not be responsible for any delay.
3.6.3 RSRTC reserves the right to accept or reject any bid without assigning any reason.
3.6.4 Prices should not be indicated in the Technical Bids. All the columns of the quotation
form shall be duly, properly and exhaustively filled in. Financial Bid must be in the
electronic format.
3.6.5 The proposal submitted by the Applicant through telex/ telegrams/ fax/ Email will not
be considered. No further correspondence will be entertained on this matter.
3.7 Pre-bid Conference
RSRTC will conduct a pre-bid conference to clarify the objectives/scope of the
project as per the date & time and at the venue mentioned in “Key Events and Date”
clause.
The interested bidders should confirm their participation and submit their queries in
writing as per the date given in “Key Events and Date” clause prior to the Pre-Bid
Conference. Pre bid queries will be entertained only for those bidders who have
purchased the RFP.
3.8 Address for Bid Submission & Correspondence:
The Technical Bid proposal (Form 1, Form 2, and DDs) should be submitted as per the
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State Road Transport Corporation
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given time line at the following address:
Executive Director (Traffic)
Rajasthan State Road Transport Corporation (RSRTC)
Parivahan Marg, Chomu House, Jaipur (Rajasthan) – 302001
3.9 Key Events and Date:
Srl Event’s Name Date & Time
1 Issue of RFP for Sale 14/12/2015
2 Queries on RFP for Pre Bid Meeting (in writing & in soft copy)
20/12/2015
3 Pre Bid Meeting 21/12/2015 12:00
4 Issue of final RFP and clarifications 23/12/2015 15:00
5 Submission of Response of RFP 13/01/2016 13:00
6 Opening of Technical Proposal 13/01/2016 15:00
7 Proposal Presentation ( at RSRTC Head office)
18/01/2016 16:00
8 Opening of Financial Proposal of the Technically Qualified Bidder
To be intimated later
9 RFP Document Fee
Rs. 1,000/- in favour of “Financial Adviser,RSRTC” payable at
Jaipur
10 EMD
Rs.1, 50,000/- in favour of “Financial Adviser,RSRTC”
payable at Jaipur
11 Processing Fee RISL
Rs. 1,000/- in favour of “Managing Director, RISL”
payable at Jaipur
3.10 Language
The Bids and all correspondence and documents relating to the bids, shall be written in
the English language. Supporting documents and printed literature furnished by the
Applicant may be in another language provided they are accompanied by an accurate
translation of the relevant passages in English language.
3.11 Late Bids
Any bid received by the Tenderee (RSRTC) after the time and date for receipt of bids
prescribed in the RFP document will be summarily rejected
3.12 Authentication of Bid
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State Road Transport Corporation
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The proposal shall be signed by the Applicant or a person or persons duly authorized to
bind the Applicant to the Agreement. In case of authorized person, a letter of
authorization supported by a written power-of–attorney or Board resolution shall
accompany the bid. All pages of the bid, except for un-amended printed literature, shall
be initialed and stamped by the person or persons signing the bid.
3.13 Modification and withdrawal of Bids
3.13.1 The bidders are advised to carefully read the terms and conditions of the tender
and submit their bids. No modifications in the bids shall be allowed once the bid
is submitted online.
3.13.2 The Applicants cannot withdraw the bid in the interval between the last date for
receipt of bids and the expiry of the bid validity period specified in the Bid. Such
withdrawal shall result in the forfeiture of its EMD.
3.14 Bid Forms
Wherever a specific form is prescribed in the Bid document, the Applicant should use
the form to provide relevant information.
3.15 Local Conditions
3.15.1 Each Applicant is expected to fully get acquainted with the local conditions and
factors, such as historical, geographical, social, political, legal, administrative,
and/or infrastructure etc., which would have any effect on the performance of the
agreement and /or the cost.
3.15.2 The Applicant is expected to know all conditions and factors, which may have
any effect on the execution of the agreement after the issuance of Letter of
Award.
3.15.3 It is the Applicant‟s responsibility that such factors have properly been
investigated and considered while submitting the bid proposals and no claim
whatsoever including those for financial adjustment to the agreement awarded
under the bidding documents shall be entertained by RSRTC. Neither any
change in the time schedule of the agreement nor any financial adjustments
arising thereof shall be permitted by RSRTC on account of failure of the
Applicant to know the local laws / conditions.
3.16 Influencing RSRTC Officials
Any effort by an Applicant influencing the bid evaluation, bid comparison or
agreement award decisions may result in the rejection of the bid. Applicant shall not
approach officers after office hours and/ or outside office premises, from the time of
the bid opening till the time the Agreement is awarded.
3.17 Announcement of Bids
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State Road Transport Corporation
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The Applicants‟ names, bid withdrawals and the presence or absence of the requisite
EMD and such other details as considered appropriate shall be announced at the
time of Technical bid opening.
3.18 Evaluation of Bids
The evaluation process of the tender, proposed to be adopted by RSRTC is indicated
under the clauses as subsequently mentioned. The purpose of this clause is only to
provide the Applicants an idea of the evaluation process that RSRTC may adopt.
However, RSRTC reserves the right to modify the evaluation process at any time
during the Tender process, without assigning any reason, whatsoever and without
any requirement of intimating the Applicants of any such change.
3.19 Criteria for Evaluation of Bids
3.19.1 Selection of Consultant shall be based on Quality-cum-Cost Based Selection
(QCBS) criteria. This takes into account both the technical capability of the
Applicant (as per the evaluation criteria given in Clause 3.20) as well as the cost
of services. The Technical and Financial Proposal will be given 70:30
weightage respectively.
3.19.2 The Evaluation Committee will review the technical bids to determine whether
the technical bids are substantially responsive. Bids that are not substantially
responsive are liable to be disqualified.
3.19.3 The Evaluation Committee will assign marks to the technically qualified
Applicants based on the technical evaluation criterion approved by the
Committee.
3.19.4 The financial bids for the technically qualified Applicants (as per Clause 3.20.1)
will then be opened and reviewed to determine whether the financial bids are
substantially responsive.
3.20 Criteria for Technical evaluation of Bids
3.20.1 Eligibility for the project
The Applicant should be a company registered either under the Companies Act,
1956 (revised 2013) or under the Limited Liability Partnership Act, 2008. The
Applicant shall submit documentary evidence in the form of registration
certificate.
The Applicant should have an average turnover of minimum INR 50 crore in the
last 3 financial years (FY12-13, FY13-14 and FY 14-15). Please provide audited
financial statements to support the figures.
The Applicant should have been in existence for minimum of 10 years. Please
provide company registration details.
The Applicant should have worked on at least two similar projects including
strategy formulation, process improvement, IT strategy, project support/
implementation for SRTUs or transport & logistics in India in the last 10 years.
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3.20.2 Evaluation Criteria for Technical Proposal
The Eligible Applicants fulfilling the conditions mentioned in Clause 3.20.1 shall be
evaluated under Clause 3.20.2 for technical experience. The evaluation of the
Technical Proposals would be undertaken as per the following evaluation criteria.
S. No.
Criteria Maximum
Marks
1. Firms General Experience & Experience in Similar Assignments
50
A. Firm‟s experience in providing Project Management Consultant (PMC) services in last 10 years where total value is
10
i. Up to 10 Crores 5
ii. More than 10 Crores 10
B. Experience of providing services to government organizations in transport, urban mobility where scope of work included business plan/DPR, planning and bid process management in last 10 years
15
i. At least 3 projects 10
ii. More than 3 projects 15
C. Experience for working with SRTUs on strategy, IT, financial feasibility consultancy projects in India in last 10 years
25
i. Up to 5 projects 10
ii. For every additional project 2.5 marks extra (total 10 marks) 10
iii. Experience of working on IT Strategies 5
2. Approach & Methodology for proposed assignment 25
i. Understanding of objectives, Quality of methodology, Work plan
15
ii. Proposal presentation 10
3. Qualification and Experience of Team Leader & Other Key Professionals
25
i. Project Leader 7
ii. Urban Transport Expert 4
iii. Financial Expert 4
iv. ITES Expert 4
v. HR Expert 2
vi. Procurement Expert 2
vii. Marketing and Strategy Expert 2
The marks would be awarded on the basis of general experience such as academic qualification and the number of years and project related experience
Total 100
3.20.3 Each Technical Proposal will receive a technical score based on the abovementioned
evaluation criteria. A Proposal shall be qualified for financial opening only if it
achieves the minimum technical marks of 70 from the maximum of 100 points.
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3.20.4 The Applicants should submit Auditor‟s certificate certifying the turnover from
consulting services and provide documentary evidence for the experience
demonstrated.
3.20.5 The Applicant would be technically evaluated out of 100 marks. Technical score of all
Applicants will be calculated on the basis of following formula.
Technical Score (TS) = (Technical score of the Applicant) X 70%
3.21 Evaluation of Financial Bid
3.21.1 The Financial Bid should contain the total cost of all the services. Service Tax will be
extra and shall be paid at the applicable rates. All other taxes will be inclusive in the
total cost.
3.21.2 RSRTC‟s decision in this regard shall be final and binding and no further discussion
shall be held with the Applicants whose bid is disqualified/ rejected.
3.21.3 The Financial Proposals of the Applicant, who are technically qualified, shall be
opened. Formula to determine the scores for the Financial Proposals shall be as
follows:
SF= (FL / F) X 30%, where
SF is the Financial Score
FL is the value of lowest Commercial Bid
F is the price quoted in the bid under consideration
3.22 Ranking of Proposals (QCBS)
3.22.1 Following completion of evaluation of Technical and Financial Proposals, final
ranking of the Proposals will be determined.
3.22.2 The technical and financial scores shall be added (Total score= TS +SF) and the
agreement will be awarded to the agency which scores maximum points.
3.22.3 The Evaluation Committee may waive any informality or non-conformity or
irregularity in a bid which does not constitute a material deviation, provided such
waiver does not prejudice or affect the relative ranking of any Applicant.
3.22.4 In order to assist in the examination, evaluation and comparison of Bids, the
Evaluation Committee may at its discretion ask the Applicant for a clarification
regarding its Bid. The clarification shall be given in writing immediately, but no
change in the price shall be sought, offered or permitted.
3.23 Deciding Award of Agreement
3.23.1 On written communication from RSRTC for having qualified for appointment as
consultants, the successful Applicant will sign the agreement within 15 days of such
communication, failing which the offer shall be treated as withdrawn and EMD
forfeited.
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3.23.2 The selected Applicant shall give Performance Guarantee of 5% of the agreement
value in the form of Bank Guarantee (BG) from a scheduled commercial bank (From
Jaipur) for the duration of the agreement or extended period, if any, in favour of "The
Financial Adviser, RSRTC" within 15 days from written communication from RSRTC.
The Bank Guarantee will have to be executed on stamp paper of appropriate value.
RSRTC will not pay any interest on security deposit.
3.23.3 RSRTC will award work to the selected Applicant based on its discretion.
3.23.4 On receipt of BG and signing of agreement, EMD will be refunded after written
application and without any interest.
3.23.5 The incidental expenses of agreement and execution thereof, shall be borne by the
successful Applicant.
3.23.6 The conditions stipulated in RFP shall be adhered to and violation of any of these
conditions will entail termination of the agreement without prejudice to the rights of
RSRTC. In addition, RSRTC will be free to forfeit the EMD/ Security Deposit.
3.24 Confidentiality
3.24.1 The Applicant shall keep confidential any information related to this tender with the
same degree of care as it would treat its own confidential information. The Applicants
shall note that the confidential information will be used only for the purposes of this
tender and shall not be disclosed to any third party for any reason whatsoever.
3.24.2 At all times during the performance of the Services, the Applicant shall abide by all
applicable security rules, policies, standards, guidelines and procedures. The
Applicant should note that before any of its employees or assignees is given access
to the Confidential Information, each such employee and assignee shall agree to be
bound by the term of this tender and all rules, policies, standards, guidelines and
procedures.
3.24.3 Any lapse in adherence to the obligations of confidentiality shall lead to termination
of the Agreement and the decision of RSRTC shall be final in this regard.
3.25 Debarment from Bid Process
The Applicant can be debarred from the bidding process at the discretion of RSRTC on
account of one or more of the following reasons:
If the information furnished by the applicant is found to be materially inaccurate or
incomplete
If the firm or any of the director of the firm has been convicted by the court of law
If the firm breaches the code of integrity as mentioned in the bid document.
3.26 (A) Arbitration
In case of any disagreement or dispute, RSRTC and the selected Applicant shall
make every effort to resolve the same amicably by direct informal negotiation.
(B) Settlement of Disputes
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In case of failure of amicable settlement, the dispute shall be referred to the sole
arbitration of the Chairman or CMD, RSRTC who shall act as the sole
arbitrator for settlement of such dispute (s) between the Parties. The Arbitration
proceedings shall be governed by the Arbitration and Conciliation Act, 1996.
(C) Governing Law
The agreement shall be governed in accordance with the laws of India.
(D) Jurisdiction of Court
The court located at Jaipur shall only have jurisdiction to try and decide any matter/
dispute between the parties. No Applicant will have the right to approach court in any
case prior to decision of award of contract.
3.27 Termination of RFP
3.27.1 RSRTC may terminate/ cancel the RFP at any time or stage of Bid without giving any
reasons.
3.27.2 If the Applicant commits any breach of terms and conditions of the Agreement, the
Agreement will be terminated through 7 day notice and in that case Bank Guarantee
(BG) shall be forfeited.
3.28 Payment Terms
3.28.1 The payments to selected consultancy firm will be released against the bills
received. All efforts will be made for ensuring payment within 15 working days of
submission of completed documents. All payments will be made in Indian Rupees.
The fee quoted should be inclusive of all encumbrances and the consultancy firms
will need to manage all the expenses within this limit. All taxes as applicable would
be borne by the Consultant
3.28.2 Consultant would be paid as per the Payment Schedule mentioned in Section 2.5
during the project period. The payment would be as per the fee quoted by consultant
in their Financial Bid.
3.28.3 Consultant is required to travel to certain location for purpose of work or scope of
services of the work order. RSRTC shall not reimburse such expenses.
3.29 General Terms
3.29.1 RSRTC may, by written notice, send the selected consultant; terminate the work
order and/or the Agreement, in whole or in part at any time, if the performance of the
assigned work is not found satisfactory.
3.29.2 Selected consultancy firm shall automatically agree for honouring all aspects of fair
trade practices in executing the work order placed by RSRTC.
3.29.3 The selected consultancy firm will be responsible for any damage to equipments,
property and third party liabilities caused by acts on part of its deployed consultants,
employees, assignees at RSRTC premises. All equipment will be used only for
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purpose of carrying out legitimate business of RSRTC and will not be put into any
other use.
3.29.4 Intellectual property rights: The Consultant will indemnify RSRTC of any infringement
of third party rights under the patents act or the IPR.
3.29.5 The selected consultancy firm shall render the services strictly adhering to the time
schedules defined in the RFP under clause 2.3. Any un-excused delay by the firm,
for the reason solely attributable to the selected Consultancy Firm, in the timely
submission of the Phase 1 deliverables, shall attract penalty at the rate of 1.5% of
the total value of the work order per week of delay subject to a maximum of
7.5% of the work order value.
3.29.6 The selected consultancy firm shall be solely responsible for payment of all taxes or
fees relating to remuneration to be received by it from RSRTC. If there would be any
increase in the taxes, levies, and duties etc. whatsoever and other charges, the
financial burden of the same shall be borne by the consultant.
3.29.7 The consultant shall have no power or authority to act on behalf of RSRTC or in its
name either directly or indirectly. The status of the consultant shall be that of
independent contractor and not that of an agent or employee of RSRTC.
3.29.8 All the plans, reports, other documents and software prepared by the consultant shall
become and remain the property of RSRTC and consultant shall not later than upon
termination or expiration of the contract deliver all such documents to RSRTC
together with a detailed inventory thereof.
3.29.9 Notwithstanding anything contained in the contract, RSRTC agrees that the selected
Consultancy Firm shall not be liable to RSRTC, for any losses, claims, damages,
liabilities, cost or expenses (“Losses”) of any nature whatsoever, for an aggregate
amount in excess of the fee paid under the contract for the services provided under
the contract, except where such Losses are finally judicially determined to have
arisen primarily from fraud or bad faith of the selected Consultancy Firm. In no event
shall the selected Consultancy Firm, be liable for any consequential (including loss
of profit and loss of data), special, indirect, incidental, punitive, or exemplary loss,
damage, or expense relating to the services provided pursuant to this Contract.
3.30 Compliance with the Code of Integrity
Any person participating in a procurement process shall -
(a) not offer any bribe, reward or gift or any material benefit either directly or
indirectly in exchange for an unfair advantage in procurement process or to otherwise
influence the procurement process;
(b) not misrepresent or omit that misleads or attempts to mislead so as to obtain
a financial or other benefit or avoid an obligation;
(c) not indulge in any collusion, Bid rigging or anti-competitive behavior to impair
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the transparency, fairness and progress of the procurement process;
(d) not misuse any information shared between the procuring Entity and the
Bidders with an intent to gain unfair advantage in the procurement process;
(e) not indulge in any coercion including impairing or harming or threatening to do
the same, directly or indirectly, to any party or to its property to influence the
procurement process;
(f) not obstruct any investigation or audit of a procurement process;
(g) disclose conflict of interest, if any; and
(h) disclose any previous transgressions with any Entity in India or any other
country during the last three years or any debarment by any other procuring entity.
3.31 Conflict of Interest
The Bidder participating in a bidding process must not have a Conflict of Interest. A
Conflict of Interest is considered to be a situation in which a party has interests that
could improperly influence that party's performance of official duties or responsibilities,
contractual obligations, or compliance with applicable laws and regulations.
i. 'A Bidder may be considered to be in Conflict of Interest with one or more parties in
a bidding process if, including but not limited to:
a. have controlling partners/ shareholders in common; ,or
b. receive or have received any direct or indirect subsidy from any of them; or
c. have the same legal representative for purposes of the Bid; or
d. have a relationship with each other, directly or through common third parties, that
puts them in a position to have access to information about or influence on the Bid of
another Bidder, or influence the decisions of the Procuring Entity regarding the bidding
process; or
e. the Bidder participates in more than one Bid in a bidding process. Participation by
a Bidder in more than one Bid will result in the disqualification of all Bids in which the
Bidder is involved. However, this does not limit the inclusion of the same subcontractor,
not otherwise participating as a Bidder, in more than one Bid; or
f. the Bidder or any of its affiliates participated as a consultant in the preparation of
the design or technical specifications of the Goods, Works or Services that are the
subject of the Bid; or
g. Bidder or any of its affiliates has been hired (or is proposed to be hired) by the
Procuring Entity as engineer-in-charge/consultant for the contract.
3.32 Grievance Redressal during Procurement Process
The designation and address of the First Appellate Authority is Managing Director,
RSRTC Head Office, Parivahan Marg, Jaipur 302001
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The designation and address of the Second Appellate Authority is Chairman, RSRTC
Head Office, Parivahan Marg, Jaipur 302001
(1) Filing an appeal
If any Bidder or prospective bidder is aggrieved that any decision, action or omission
of the Procuring Entity is in contravention to the provisions of the Act or the Rules or the
Guidelines issued thereunder, he may file an appeal to First Appellate Authority, as
specified in the Bidding Document within a period of ten days from the date of such
decision or action, omission, as the case may be, clearly giving the specific ground or
grounds on which he feels aggrieved:
Provided that after the declaration of a Bidder as successful the appeal may be filed
only by a Bidder who has participated in procurement proceedings:
Provided further that in case a Procuring Entity evaluates the Technical Bids before the
opening of the Financial Bids, an appeal related to the matter of Financial Bids may be
filed only by a Bidder whose Technical Bid is found to be acceptable.
(2) The officer to whom an appeal is filed under para (1) shall deal with the appeal as
expeditiously as possible and shall endeavour to dispose it of within thirty days from the
date of the appeal.
(3) If the officer designated under para (1) fails to dispose of the appeal filed within the
period specified in para (2), or if the Bidder or prospective bidder or the Procuring Entity
is aggrieved by the order passed by the First Appellate Authority, the Bidder or
prospective bidder or the Procuring Entity, as the case may be, may tile a second
appeal to Second Appellate Authority specified in the Bidding Document in this behalf
within fifteen days from the expiry of the period specified in para (2) or of the date of
receipt of the order passed by the First Appellate Authority, as the case may be.
(4) Appeal not to lie in certain cases
No appeal shall lie against any decision of the Procuring Entity relating to the following
matters, namely:-
(a) determination of need of procurement;
(b) provisions limiting participation of Bidders in the Bid process;
(c) the decision of whether or not to enter into negotiations;
(d) cancellation of a procurement process;
(e) applicability of the provisions of confidentiality .
(5) Form of Appeal
(a) An appeal under para (l) or (3) above shall be in the annexed Form along with
as many copies as there are respondents in the appeal.
(b) Every appeal shall be accompanied by an order appealed against, if any,
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affidavit verifying the facts stated in the appeal and proof of payment of fee.
(c) Every appeal may be presented to First Appellate Authority or Second
Appellate Authority, as the case may be, in person or through registered post or
authorised representative.
(6) Fee for filing appeal
(a) Fee for first appeal shall be rupees two thousand five hundred and for second
appeal shall be rupees ten thousand, which shall be non-refundable.
(b) The fee shall be paid in the form of bank demand draft or banker‟s cheque of a
Scheduled Bank in India payable in the name of Appellate Authority concerned.
(7) Procedure for disposal of appeal
(a) First Appellate Authority or Second Appellate Authority, as the case may be,
upon filing of appeal, shall issue notice accompanied by copy of appeal, affidavit and
document, if any, to the respondents and fix date of hearing.
(b) On the date fixed for hearing the First Appellate Authority or Second
Appellate Authority, as the case may be, shall,-
(i) hear all the parties to appeal present before him; and
(ii) peruse or inspect document, relevant records or copies thereof
relating to the matter.
(c) After hearing the parties, perusal or inspection of documents and relevant
records or copies thereof relating to the matter, the Appellate Authority concerned shall
pass an order in writing and provide the copy of order to the parties to appeal free of
cost.
(d) The order passed under sub-clause (c) above shall also be placed on the
State Public Procurement Portal.
3.33 Signer’s Representation
The/This bid/contract has been duly authorized executed and delivered by the parties
and constitute a legal, valid and binding upon each of them. Each person placing
his/her signature below represents and warrants that he/she is signatory duly
authorized to submit/execute the bid/contact on behalf of …………or RSRTC as is
respectively applicable.
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Section 4: Bid Submission Formats
FORM 1: EMD SUBMISSION FORM
(to be given on the letterhead of the firm)
To,
Executive Director (Traffic)
Rajasthan State Road Transport Corporation (RSRTC)
Parivahan Marg, Chaumu House, Jaipur (Rajasthan) – 302001
Subject: Earnest money deposit
Ref: RFP dated………………
Dear Sir,
We, the undersigned, offer to provide Consultancy Services in accordance with your
Request for Proposal (“Assistance in preparation of strategic roadmap and program
management for RSRTC”) dated <mm-dd-yyyy>
As per clause 3.5 of the RFP document, we are submitting a herewith a DD/Bankers Cheque
issued by a (Name of the bank, branch, number and date), in favour of “Financial Adviser,
Rajasthan State Road Transport Corporation” payable at Jaipur and is valid for six months.
Yours Sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:
Date: Place:
COMPANY SEAL
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FORM 2: TECHNICAL PROPOSAL SUBMISSION FORM
(to be given on the letterhead of the firm)
To,
Executive Director (Traffic)
Rajasthan State Road Transport Corporation (RSRTC)
Parivahan Marg, Chaumu House, Jaipur (Rajasthan) – 302001
Dear Sir:
We, the undersigned, offer to provide Consultancy Services in accordance with your
Request for Proposal (“Assistance in preparation of strategic roadmap and program
management for RSRTC”) dated <mm-dd-yyyy> and our Proposal. We are hereby
submitting our technical proposal in prescribed format given in the RFP.
We hereby declare that all the information included in the proposal are true and accept that
any misinterpretation contained in it may lead to our disqualification. We also declare that
Government and Semi Government Undertakings hasn‟t blacklisted the firm previously for
any reason and there has been no litigation with any client on account of consultancy
services, which could limit our ability to deliver scope of consultancy services to RSRTC.
Yours Sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:
Date: Place:
COMPANY SEAL
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FORMAT 2a: Information about the firm
Name of the applicant :
Office Address :
Telephone Number :
Fax Number :
Date and location of establishment :
Legal entity :
Registration number
Number of years of experience in
Consulting business
FORMAT 2b: Financial Information of the Firm
Details Financial Year
2012-13 2013-14 2014-15
Turnover from
Consultancy
services (In Rs.)
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FORMAT 2c: Detailed Credentials
Client Name
Location of project
Nature of Project
Description of activities
Start Date
End Date
Fees (in INR)
Team size
Add proof of work i.e. work order/ completion certificate
from the client.
FORMAT 2d: Composition of proposed team
S.
No.
Consultant
Category/ Position
Consultant
Name
Educational
Qualification
Experience in
Years
(Including
previous
employment
experience)
Experience in
Years
(Present firm)
1
2
3
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FORMAT 2e: Approach & Methodology for the proposed assignment
a. Understanding of objectives
b. Methodology
c. Work Plan
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FORM 3: DECLARATION BY THE BIDDER REGARDING
QUALIFICATIONS
(to be given on the letterhead of the firm)
To,
Executive Director (Traffic)
Rajasthan State Road Transport Corporation (RSRTC)
Parivahan Marg, Chaumu House, Jaipur (Rajasthan) – 302001
Dear Sir:
In relation to my/our Bid submitted to ................................. for procurement of
........................... ,.. in response to their Notice Inviting Bids No ....................................
Dated .........................I/we hereby declare under Section 7 of Rajasthan
Transparency in Public Procurement Act, 2012, that:
1. l/we possess the necessary professional, technical, financial and managerial resources
and competence required by the Bidding Document issued by the Procuring Entity;
2. I/we have fulfilled my/our obligation to pay such of the taxes payable to the Union and the
State Government or any local authority as specified in the Bidding Document;
3. I/we are not insolvent, in receivership, bankrupt or being wound up , not have my/our
affairs administered by a court or a judicial officer, not have my/our business activities
suspended and not the subject of legal proceedings for any of the foregoing reasons;
4. I/we do not have, and our directors and the personnel involved in this assignment not
have, been convicted of any criminal offence related to my/our professional conduct or
the making of false statements or misrepresentations as to my/our qualifications 'to enter
into a procurement contract within a period of three years preceding the commencement
of this procurement process, or not have been otherwise disqualified pursuant to
debarment proceedings;
5. I/we do not have a conflict of interest as specified in the Act, Rules and the Bidding
Document, which materially affects fair competition;
Yours Sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:
Date: Place:
COMPANY SEAL
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FORM 4: FINANCIAL PROPOSAL SUBMISSION FORM
(To be submitted through E –Tendering only)
The bidders must quote the total project cost (inclusive of all taxes, cess etc.) in electronic
mode in BoQ ( Bill of Quantity) as per e-Tendering guideline.
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Draft Agreement
This agreement is made and executed on this__________day of__________2015
BETWEEN
Executive Director (Traffic), Rajasthan State Road Transport Corporation (RSRTC), Head Office, Parivahan Marg, Chomu House, Jaipur-302001 (hereinafter referred to as “RSRTC”, which expression shall, unless repugnant to the context hereof or excluded specifically, mean and include its successors, assigns and administrators) of the FIRST PART
AND
M/s <Name>., <Address>, Phone:<Phone Number>, <Fax No> (hereinafter referred to as <‟NAME‟> which expression shall, unless repugnant to the context hereof or excluded specifically, mean and include its successors, assigns and administrators) of the SECOND PART
Both the RSRTC and <‟NAME‟>), shall hereinafter be referred to individually as „Party‟ and collectively as „Parties‟ in this Contract.
WHEREAS
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a) The RSRTC, party to the FIRST PART invited RFP vide no…………Dated……2015 and subsequent corrigendum (hereinafter called as “RFP”).
b) The <NAME OF BIDDER>, party to the SECOND PART has submitted its offer for such services in accordance with all the terms and conditions stipulated in the RFP.
c) The FIRST PART has placed work order to SECOND PART vide order no. …………dated……..for the aforesaid works as per terms and conditions mentioned in the RFP and this Agreement and whereas the SECOND PART has deposited a sum of Rs. 1,50,000/- as Security Deposit as per Rajasthan Transparency in Public Procurement Act, 2012 and Rules, 2013.
d) The SECOND PART has agreed to provide services as per terms and condition of the RFP, including the terms of this Agreement, and subsequent corrigendum would be treated as a part of this Agreement.
e) The terms and conditions laid down in the NIB/RFP documents, work order of contract; Bid Submission Sheet and the Price Schedule submitted by the bidder; and all other relevant documents attached with NIB/RFP shall be deemed to form and be read and constructed as part of this Agreement.
f) In consideration of the foregoing and the mutual covenants and promises contained herein and other good and valuable consideration the receipt and adequacy of which is hereby acknowledged, the parties intending to be bound legally, agree as follows:
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. In this Agreement unless contest otherwise requires: 1.1 “Agreement” means this Agreement, the Schedules attached hereto and the
agreed terms as set out in the RFP including any amendments and modifications to the above from time to time.
1.2 “Confidential Information” means any information disclosed to or by any party to this Agreement and includes any information in relation to the Parties, including any such information that may come to the knowledge of the Parties hereto by virtue of this Agreement that is:
a. By its nature confidential or by the circumstances in which it is disclosed confidential; or
b. Designated by the disclosing Party as confidential or identified in terms connoting its confidentially;
But does not include information which is or becomes public knowledge other than by a breach of this Agreement;
1.3 “Document” means any embodiment in any text or image however recorded and includes any data, text, images, sound, codes or/and or microfilm or computer generated micro fiche‟
1.4 “Contract period” shall refer to 24 months from the date on which this agreement is signed.
1.5 “Services” means all such services that are set out in the Scope of work as per RFP and includes any amendment, modification, clarification and addition to such Scope of work, as the RSRTC may deem fit and mutually decide upon by both the parties during Term of the Agreement in order to enable the performance of the System, as set out in this Agreement;
1.6 Tendering Authority refers to Executive Director (Traffic), RSRTC, Jaipur.
2. INTERPRETATION:
In this Agreement unless a contrary intention is evident
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2.1 The Clause headings are for purposes of convenience of reference only and do not form part of this Agreement
2.2 Unless otherwise specified a reference to a clause number is a reference to all of its sub-clauses
2.3 Unless otherwise specified a reference to a clause, sub-clause or Schedule is a reference to a clause, sub-clause or Schedule of this Agreement including any amendments or modifications to the same from time to time.
2.4 A word in the singular includes the plural and a word in the plural includes the singular.
2.5 A word importing a gender includes any other gender, 2.6 A reference to a person includes a partnership and a body corporate; 2.7 A reference to legislation includes legislation repealing, replacing or amending
that legislation; 2.8 Where a word or phrase is given a particular meaning it includes the appropriate
grammatical forms of the word of phrase which have corresponding meanings. 2.9 In the event of an inconsistency between the terms of this Agreement and the
RFP, the terms hereof shall prevail.
IN WITNESS WHERE OF the Parties here to have hereunto set their hands and seal the day and year first above written.
________________________ _____________________
Executive Director (Traffic) Authorized Signatory.
Rajasthan State Road Transport SECOND PART Corporation, Head office, Jaipur ADDRESS Witness: Witness: 1._______________________ 1.______________________ _______________________ _______________________ 2._______________________ 2.______________________ ________________________ _______________________
Deloitte Consulting
S.No. Content of RFP
requiring
clarification
Points of clarification required RSRTC’s Reply
1 Phase 1: Strategic
Roadmap Page 7
The scope of work envisioned
under this phase requires the
consultant to review and
analyse the data on a wide
spectrum of aspects including
routes, fleet, commuter
facilities, depot facilities,
customer information, human
resources, information
technology, financial
performance, etc. Post this
current state assessment, the
consultant is required to
identify gaps and challenges in
the above mentioned areas.
Further, this phase involves
conducting an analysis of other
state road transport
corporations in India and other
developing countries and
documents best practices. A
strategic roadmap is then
required to be developed in
terms of operational,
institutional, financial,
funding, IT and marketing
strategy. Considering the huge
scope of work involved in this
phase, the timeline provided
for completing this phase may
not be sufficient. It is thus
requested to kindly consider
No Change in the
clause
extending the time allotted to
this phase to at least 9 months
2. Phase 1: Strategic
Roadmap, (Sl. No
2) Page 7
We understand that the
current state assessment i.e.
operational, institutional &
financial performance shall be
based only on secondary data
provided by RSRTC. We also
understand that all the
previous data is available with
RSRTC and the same will be
made available to the
consultant. Please confirm our
understanding.
Yes
3. Phase 2: Program
Management (Sl.
No. 1) Page 9
We understand that the
consultant’s responsibilities for
preparation of bid documents
and bid process management
shall be limited to the
expertise available with the
team during Phase 2 of the
services as envisaged in the
ToR. Please confirm our
understanding.
Responsibilities would
be as per the
requirement
specification mentioned
in the RFP document.
4. Phase 2: Program
Management (Sl.
No. 1) Page 9
We understand that the
responsibility for legal vetting
of the bid documents lies with
RSRTC. This would also
eventually facilitate in
standardise the bid process
management process in order
to reduce the entire
procurement/vendor
identification process. Please
confirm our understanding.
RSRTC would only vet the documents. Remaining activities would lie on the part of Consultant.
5. Phase 2: Program
Management (Sl.
No. 3) Page 9
We understand that project
monitoring does not include
direct supervision or
certification for the various
activities being carried out by
the vendors. Please confirm
our understanding.
It includes the
supervision of the
activities carried out by
vendors
6. Section 2.3, (Sl. No.
3) Page 10
We understand that
stakeholder consultations
could involve a variety of
methods such as workshops,
group consultations, focus
group discussions, etc. Kindly
clarify the method in which
stakeholder consultations shall
be undertaken. Also, please
clarify where the stakeholder
consultations shall be
organised and who would bear
the cost of the same. Also,
please provide an approximate
number of
stakeholders/participants to be
consulted/invited for the
workshop.
RSRTC would provide
suitable help.
7. Section 2.4 Page 11 As per the phase-wise
requirement of team members
mentioned in section 2.4, the
PMU Staff would be involved
only in Phase 2. Kindly
consider our request to allow a
Subject Matter Expert
proposed in Phase 1 to also
work in the capacity of PMU
Staff in Phase 2, provided
he/she meets the requirements
of the position.
Same member can be
considered if he meets
the requirement of the
position.
8. Section 2.4 Page 11 We understand that the Phase
2 would span over a period of
20 months. We further
understand that it would need
intermittent input of PMU
Staff. Please confirm our
understanding and also
confirm as to whether the
RSRTC would provide the
office space for the
consultants.
Office space would be
provided.
9. Section 3.6.2,
Section 3.8 Page 15
Please clarify if the Technical
Bid is required to be submitted
online in electronic format (as
specified in section 3.6.2) as
well as offline at the address
mentioned in Section 3.8.
Bid Submission would
be in Electronic Format.
10 Section 3.19.1 Page
18
It is suggested that the
weights assigned for the
Technical and Financial
Proposal be modified to either
70:30 or 80:20 from the current
65:35, in line with the usual
industry practice.
Changed to 70:30
11. Section 3.20.2 Page
19
It is suggested to reduce the
weightage of marks assigned
to S. No. 1. Firm’s General
Experience & Experience in
Similar Assignments
(currently 50%), and increase
the weightage assigned to S.
No. 3 Qualification and
Experience of Team Leader &
Other Key Professionals
(currently only 25%). Since the
proposed professionals are the
ones who would actually
No change in the clause
execute the assignment,
weightage assigned to this
criteria is suggested to be at
least 50% of the maximum
marks, in line with industry
practice
12. Section 3.20.2 (Sl.
No. 1. C) Page 19
According to section 3.20.2, 1
(c), experience of working with
SRTUs within India is being
considered for scoring. It is
requested that international
experiences of working with
transport agencies be also
considered for evaluation,
since it reflects understanding
of international best practices,
which could be applied in the
Indian context.
International
experience could be
mentioned, but it would
not be considered for
evaluation
13. Section 3.20.2 (Sl.
No. 1. C. ii) Page
19
For every additional project,
2.5 extra marks are assigned
with total 5 marks. At the
same time, a total of 10 marks
is mentioned. Please clarify.
Changed to “…2.5
marks extra(total 10
marks)”
14. Section 3.21.1,
Section 3.28.1 Page
20
We understand from Section
3.21.1 that service tax will be
extra and shall be paid at the
applicable rates. However, in
Section 3.28.1 it is specified
that all taxes as applicable
would be borne by the
Consultant. Please clarify.
All taxes will be borne
by the consultant only.
15. Section 3.27.2 Page
22
We note that there are no
contractual terms which allow
the Consultant to terminate
the contract. It is requested to
consider incorporating the
No change in the
clause.
following clause in the
contract: “The Consultant may
suspend or terminate the
Contract, in case Client does
not make the payment to the
Consultant within 30 days of
submission of invoice.
16. Section 3.28.3 Page
22
We understand that the travel
specified here shall be limited
to travel within India. Please
confirm. Also, kindly specify
how many cities/states would
need to be visited, and who
would bear the cost for the
same.
Certain location refers
to the location in
Rajasthan/Delhi.
17. Section 3.29.5 Page
23
We request to incorporate the
following change in this clause:
Any un-excused delay by the
firm for the reason solely
attributable to the selected
Consultancy Firm, in the
timely submission….
Changed to “Any un-
excused delay by the
firm, for the reason
solely attributable to
the selected
Consultancy Firm, in
the timely
submission…”
18. Format 2d Page 30 Format 2d provides only the
composition of proposed team.
Kindly clarify if the detailed
CVs of the proposed candidates
also need to be submitted. If
yes, please specify if any
particular CV format needs to
be followed.
Format as proposed by
World Bank.
19. Form 3: Para 4
Page 32
It is requested to limit this
declaration to not include all
officers but only the
engagement team members
Accepted
20. Budget of the
consultancy
assignment
Kindly specify if there is any
budget allocated for this
consultancy assignment.
Sufficient budget is
available for the
assignment
21. Limitation of
Liability
Since there is no clause on
limitation of liability which
caps the liability of the Firm to
fee paid or the contract value,
we request to incorporate the
following clause in the
contract: “Notwithstanding
anything contained in the
contract, RSRTC agrees that
the selected Consultancy Firm
shall not be liable to RSRTC,
for any losses, claims,
damages, liabilities, cost or
expenses (“Losses”) of any
nature whatsoever, for an
aggregate amount in excess of
the fee paid under the contract
for the services provided under
the contract, except where
such Losses are finally
judicially determined to have
arisen primarily from fraud or
bad faith of the selected
Consultancy Firm. In no event
shall the selected Consultancy
Firm, be liable for any
consequential (including loss of
profit and loss of data), special,
indirect, incidental, punitive,
or exemplary loss, damage, or
expense relating to the
services provided pursuant to
this Contract.”
Accepted
22. Taking into account the No change in the clause
number of queries pertaining
to this engagement, and
possible increase in scope of
work following clarifications, it
is requested to provide at least
3 weeks’ time to submit the
proposal after the issuance of
the clarifications.
EY
1 Clause 3.21.1 and
Clause 3.28.1 and
Clause 3.29.6 (Tax)
Please clarify whether the
increase in Service Tax over
the project period shall be
reimbursed by the Client or
not. In the Also clarify whether
the Financial Bid to be quoted
shall be inclusive of Service
Tax or not. ► We request the
RSRTC to consider the
payment of Service Tax as
applicable over and above the
fee quoted.
Financial Bid should be
inclusive of all the
taxes.
2 Clause 3.19.1 As per the industry practice,
the recommended weightage
for technical and financial
proposal is 70:30. Request the
weightage to be in line with
the industry practice.
Changed to 70:30
3 Clause 3.29.5
(Penalty)
► Request reduction of the
penalty to a lower percentage.
► Request you to add “Penalty
shall be applicable in case the
reasons of delay are directly
attributable to the
Consultants”.
Changed to “Any un-
excused delay by the
firm, for the reason
solely attributable to
the selected
Consultancy Firm, in
the timely
submission…”
4 Clause 3.20.2
(Evaluation
Criteria for
Technical Proposal)
Page 19
The Criteria is divided into 3
sub criteria for evaluation.
Please confirm if a single
experience/ credential can be
considered in more than one
sub criteria if in case it fits the
requirements
No
5 Section 2.2 (Scope
of the project),
Phase 1 (strategic
Roadmap), #4
(Leading Practice
Study) Page 8
Please clarify the minimum/
maximum number of leading
practices of other SRTCs to be
studied in India and other
developing countries.
As Required for the
successful
implementation of the
whole project.
6 Clause 3.24
(Confidentiality)
Page 21
It is requested to add the
following in the end of the
para, "Except as otherwise
permitted by this Agreement,
neither of the parties may
disclose to third parties the
contents of this Agreement or
any information/report/advice
provided by or on behalf of the
other that ought reasonably to
be treated as confidential
and/or proprietary, except to
its employees, vendors,
subcontractors or other
member firms/affiliates.
Parties may, however, disclose
such confidential information
to the extent that it: (a) is or
becomes public other than
through a breach of this
Agreement, (b) is subsequently
received by the receiving party
from a third party who, to the
receiving party’s knowledge,
Every Government
documents have to be
made available on
public domain as per
RTI.
Hence the change can’t
be included.
owes no obligation of
confidentiality to the disclosing
party with respect to that
information, (c) was known to
the receiving party at the time
of disclosure or is thereafter
created independently, (d) is
disclosed as necessary to
enforce the receiving party’s
rights under this Agreement,
or (e) must be disclosed under
applicable law, legal process or
professional regulations. These
obligations shall be valid for a
period of 3 years from the date
of termination of this
Agreement."
7 Clause 3.26 (B)
(Settlement of
disputes) Page 22
It is requested that the Sole
Arbitrator be appointed as per
mutual agreement between the
parties or in case the parties
fail to mutually agree in that
case the arbitrator should
beappointed in terms of
Arbitration and Conciliation
Act 1996
No change in the clause
8 General terms,
Clause 3.29.8, Page
23
General terms, Clause 3.29.8,
Page 23
-
Additional clauses are proposed to be added as advised by our legal counsel
9 Limitation of
Liability
Client (and any others for
whom Services are provided)
shall not recover from EY, in
contract or tort, under statute
or otherwise, any amount with
respect to loss of profit, data or
Mentioned above
goodwill, or any other
consequential, incidental,
indirect, punitive or special
damages in connection with
claims arising out of this
Agreement or otherwise
relating to the Services,
whether or not the likelihood
of such loss or damage was
contemplated. Client (and any
others for whom Services are
provided) shall not recover
from EY, in contract or tort,
including indemnification
obligations under this contract,
under statute or otherwise,
aggregate damages in excess of
the fees actually paid for the
Services that directly caused
the loss in connection with
claims arising out of this
Agreement or otherwise
relating to the Services.
10 Report Any information, advice,
recommendations or other
content of any reports,
presentations or other
communications we provide
under this Agreement
(“Reports”), other than Client
Information, are forClient's
internal use only (consistent
with the purpose of the
particular Services) including
Client's board of directors, its
audit committee, or its
statutory auditors and not for
disclosure externally outside
Every Government
documents have to be
made available on
public domain as per
RTI.
Hence the change can’t
be included.
your organization. Client may
not rely on any draft Report
and EY shall not be required
to update its Final Report.
11. Termination Either Party may terminate
this Agreement with
immediate effect by serving
prior written notice to the
other party if services are not
possible to be rendered as per
applicable laws or professional
obligations. Upon termination
EY shall be entitled to receive
payments of the Services
performed, work in progress
and expenses incurred by it,
till the date of such
termination.
Not included
12. Governing Law This Agreement shall be
governed as per the Laws of
India. Any unresolved disputes
under this Agreement shall be
subject to the exclusive
jurisdiction of Indian Courts.
Already present in
document
3i Infotech Limited
1. 3.20.2 Evaluation
Criteria for
Technical Proposal
Page 19
Please amend as:
Firm's experience in providing
Project Management
Consultant (PMC) services in
last 10 years where total value
is -
i. Up to 6 Crores - 5 marks
ii. More than 6 Crores - 10
marks
No change in the clause
2. 3.20.2 Evaluation
Criteria for
Technical Proposal
Page 19
Please amend as :
Experience of providing
services to government
organizations where scope of
work included business
plan/DPR, planning and bid
process management in last 10
years -
i. At least 3 projects - 10 marks
ii. More than 3 projects - 15
marks
No change in the clause
3. 3.20.2 Evaluation
Criteria for
Technical Proposal
Page 19
Please amend as :
Experience for working with
SRTUs/ Central/ State
Departments on strategy, IT,
financial feasibility
consultancy projects in India
in last 10 years
i. Up to 5 projects - 10 marks
ii. For every additional project
2.5 marks extra (total 5 marks)
- 10 marks
iii. Experience of working on
IT Strategies - 5 marks
No change in the clause
3.28.2 Payment
Terms
Page 22
Please clarify that
is there any compensation
provision if project time
duration extend (more than 24
months) during execution by
the department (RSRTC) as
Will be decided at that
time with mutual
understanding
per need basis.
4. 3.29.3 General
Terms
Page 22
Please clarify that department
(RSRTC) will provide the
sitting space in RSRTC
premises along with required
IT & Non IT infrastructure to
the deployed consultancy's
firm team for both phases.
Office space will be
provided
KPMG
1. 3.20.1
To include “Transport and
Logistics” in the eligibility
criteria.
Accepted