RFP Document Request for Proposal for Selection of Facilitator for Poultry Estate established at Dhar under RKVY by the Department of Animal Husbandry, Govt. of Madhya Pradesh JULY 2013 Issued By Dr. R K Rokde, Director (Animal Husbandry) Kamdhenu Bhawan, Vaishali Nagar, Kotra Sultanabad, Bhopal – 462 003 Tele-: 0755-2772262 Fax -: 0755-2772263 Email: dvsmp2007@yahoo.com 1 of 52 RFP for selection of Facilitator for POULTRY ESTATE Table of Contents PART-A 1. Letter of Invitation ....................................................................................................................................03 2. Data Sheet ...............................................................................................................................................04 3. Introduction and Background ..................................................................................................................07 3.1. Project Description..................................................................................................................................07 3.2. Project Objective .....................................................................................................................................09 4. Scope of Work ..........................................................................................................................................11 5. Duration of Services ................................................................................................................................12 6 Terms and Conditions ..............................................................................................................................12 7. Submission of Proposal ...........................................................................................................................14 8. Evaluation and Selection Process ...........................................................................................................14 Technical Proposal- Standard Forms ...............................................................................................................19 FORM TECH 1: Letter of proposal submission ................................................................................................20 FORM TECH 2: Bidders organization and experience ....................................................................................21 FORM TECH 3: Comments and suggestions on the terms of reference and on counterpart staff and facilities to be provided by the employer ..............................................................................23 FORM TECH 4: Description of approach, methodology and work plan for performing the assignment/job ..24 FORM TECH 5: Team composition and task assignment/jobs .........................................................................25 FORM TECH 6: Curriculum vitae (cv) for proposed professional staff ...........................................................26 FORM TECH 7: Information regarding any conflicting activities and declaration thereof.............................28 Financial Proposal - Standard Forms ..............................................................................................................29 FORM FIN 1: Financial proposal submission form .........................................................................................30 FORM FIN 2: Format for financial proposal ...................................................................................................31 PART-B Form of Contract ..............................................................................................................................................32 2 of 52 RFP for Selection of Facilitator for POULTRY ESTATE PART - A 1. LETTER OF INVITATION Letter No. 10484 / Poultry/RKVY-Poultry Estate / 2013-14 / Bhopal Dated: 27th JULY 2013 To Dear Sir/Madam: Director, Department of Animal Husbandry, Government of Madhya Pradesh, (the Authority) invites proposals for working as a Facilitator for Poultry Estate established at Dhar (Madhya Pradesh) under Rashtriya Krishi Vikas Yojana from Indian NGO's, Companies / Joint ventures / Consortium, Integrators having experience of planning, implementing and running Poultry / similar projects. Further detail of the services requested are provided in the enclosed Scope of Services. All information contained in this RFP should be treated as commercially confidential and you are requested to limit dissemination on a need to know basis. Please note that while all the information and data regarding this RFP is to the best of Authority’s knowledge accurate within the considerations of scoping the proposed project, the Authority holds no responsibility for the accuracy of this information and it is the responsibility of the Facilitator to check the validity of data included in the document. Yours sincerely, Dr. R K Rokde, Director (Animal Husbandry) Kamdhenu Bhawan, Vaishali Nagar, Kotra Sultanabad, Bhopal – 462 003 Tele-: 0755-2772262 Fax -: 0755-2772263 Email: dvsmp2007@yahoo.com 3 of 52 RFP for selection of Facilitator for POULTRY ESTATE 2. DATA SHEET 1 Name of the Authority: Director, Department of Animal Husbandry, GoMP 2 Method of Selection: Highest Financial Proposal (Premium). 3 Financial proposal to be submitted along with the Technical Proposal: Yes A pre bid conference will be held: Yes Date: 13th August 2013 Time: 1400hrs Venue: Directorate of Animal Husbandry Kamdhenu Bhawan, Vaishali Nagar, Kotra Sultanabad, Bhopal – 462 003 4 A maximum of two representatives of each bidder shall be allowed to participate on production of an authority letter from the bidder. During the course of Pre-Proposal Conference, the bidders will be free to seek clarifications and make suggestions for consideration of the Authority. The Authority shall endeavor to provide clarifications and such further information as it may, in its sole discretion, consider appropriate for facilitating a fair, transparent and competitive Selection Process. Bidders requiring any clarification on the RFP may send their queries to the Authority in writing. All written queries should reach the Authority Representative by E-mail with an attachment in MS-Word two days prior to the pre-bid conference date. All queries should be directed to the Authority’s Representative details provided below. The Authority shall endeavor to respond to the queries within the period specified therein but not later than 7 days prior to the Proposal Due Date. The Authority reserves the right not to respond to any questions or provide any clarifications. Authority Representative/ Point of contact for any queries related to the RFP 5 6 Director (Animal Husbandry) Kamdhenu Bhawan, Vaishali Nagar, Kotra Sultanabad, Bhopal – 462 003 Fax -: 0755-2772263 Email: dvsmp2007@yahoo.com Proposal should remain valid for 120 days from the proposal due date 4 of 52 RFP for selection of Facilitator for POULTRY ESTATE 7 The bidder is required to include with its Proposal written confirmation of authorization to sign on behalf of the Facilitator: Yes 8 Consortia: Facilitator is allowed to strengthen their team by including consortium partners. The contract will however be signed with the Lead Facilitator and the Lead Facilitator will be liable for all activities and conditions under the Contract. 9 The Facilitator must submit the original proposals i.e. one copy of the Technical Proposal and one of the Financial Proposal The Facilitator is required to submit sealed Technical Proposal and separately sealed Financial proposal. E-mail submissions are not allowed. 10 Two separately sealed envelopes containing ‘Technical Proposal’ and ‘Financial Proposal’ shall be kept in a third envelope. This envelope will be sealed and should be marked properly indicating the contents, "Proposal for Selection of Facilitator" - Do not open except in presence of the Evaluation Committee”. The name of the firm submitting the proposal must also be clearly indicated on the envelope. Each proposal (Technical and Financial separately) shall be hard bound and serially numbered. Financial figures shall be laminated/covered with transparent adhesive tape. 11 A bid Security must be submitted: Yes 12 Amount of bid Security is Rs. 25,000/- (Rupees Twenty Five Thousand Only). 13 Format for Bid Security: Bank Demand Draft drawn in favor of “ Director, Animal Husbandry, payable at Bhopal 14 The Bid Security shall be returned not later than 120 days from Proposal Due Date (PDD) except in case of the two highest ranked bidders. Bid Security of second ranked bidder shall be returned on signing of the agreement with the selected Facilitator. The Selected bidder’s Bid Security shall be returned, upon the bidder signing the Agreement. Any Bid not accompanied by the Bid Security shall be rejected by the Authority. 15 Proposals must be submitted no later than the following date and time: 29 August 2013 at 1400 hours. Bid received after this time will neither be entertained nor considered. Address for submission of the Proposal 16. Director (Animal Husbandry) Kamdhenu Bhawan, Vaishali Nagar, Kotra Sultanabad, Bhopal – 462 003 5 of 52 RFP for selection of Facilitator for POULTRY ESTATE 17 Expected date for public opening of Technical Proposal: On dated 29 August 2013 at 1500 hours 18. Expected date for opening of Financial Proposal of eligible bidders: (to be notified).- 19 Expected date for development activities: 15th September 2013 20 Expected date for commencement of commercial services: November 2013 Latest by 15th 6 of 52 RFP for selection of Facilitator for POULTRY ESTATE 3. INTRODUCTION AND BACKGROUND The Director, Animal Husbandry, Govt. of M.P. (herein after referred to as" Authority") invites Request for proposal (RFP) from reputed and technically competent NGO’s / Integrators / Companies. (herein after referred to as" Bidder") for working as a facilitator for Poultry Estate (Broiler) established at the vacant land of Goat Breeding Farm Department of Animal Husbandry M. P. at village Jaitpura, in District Dhar under Rashtriya Krishi Vikas Yojana. The background of the assignment, TOR, eligibility and evaluation criteria and detailed procedure for submission of RFP can also be collected from Directorate of Animal Husbandry, Govt. of M.P. during office hours. A two stage procedure will be used in evaluating the proposals 1) Evaluation of technical proposals (Minimum eligibility criteria) and 2) Evaluation of financial proposals.(Maximum premium paid) Agencies would be selected based on " Highest Financial Proposal “The RFP must be submitted along with a refundable Bid Security of Rs.25,000/- (Twenty Five thousand only) in the form of DD drawn in favor of Director, Animal Husbandry, payable at Bhopal. The RFP proposal may please be addressed to - Director (Animal Husbandry) Kamdhenu Bhawan, Vaishali Nagar, Kotra Sultanabad, Bhopal – 462 003 The last date for receipt of Bid Document is 29th August 2013 at. 2.00 PM The technical proposal will be opened on 29th August 2013 at. 3.00 PM 3.1 PROJECT DESCRIPTION The Department of Animal Husbandry, Government of MP is implementing innumerable schemes relating to Animal Husbandry, viz. Livestock, Poultry, and Dairy Development in the state. These are focused to provide a constant and continuous source of food, nutrition and income to the rural masses. 7 of 52 RFP for selection of Facilitator for POULTRY ESTATE The Directorate of Animal Husbandry, MP State Livestock & Poultry Development Corporation and MP State Cooperative Dairy Federation Ltd., are the main state implementing agencies in coordinating and converging the various Veterinary and allied Services / Government Schemes. A brief outline of poultry activities of the department is discussed here under: A. DIRECTORATE OF ANIMAL HUSBANDRY At present, Department has 9 Govt. Poultry Farms situated at different locations viz. Bhopal, Indore, Gwalior, Guna, Chhindwara, Rewa, Shahdol, Jhabua and Sagar. The main objective of the Government Poultry Farms is to promote poultry business and distribute improved breed (Low input technology) chicks to the beneficiaries under different Govt. sponsored schemes, thus providing food, nutrition and additional income of the beneficiaries. Kadaknath bird is conserved and propagated at Kadaknath Poultry farm Jhabua which is natural habitat of the bird, by maintaining pure Kadaknath birds and supplying 4 wk old chicks to the tribals under Kadaknath supply scheme. Currently, these 9 poultry farms have a total of approximately 123 acres of land having total Parent strength of around 30,000 birds (all inclusive). All the farms have been strengthened under GOI's Centrally Sponsored SchemeAssistance to Poultry Farms. Besides, total 7 Mother Unit Demonstration Centers, viz. two at Bhopal, two at Shahdol, one at Indore, one at Chhindwara and one at Jhabua are operational under Centrally Sponsored Scheme - Rural Backyard Poultry Development. These farms are supposed to supply day old chicks and trained the mother units' entrepreneurs and mother units supply 4 week old 45 unsexed chicks to the BPL beneficiaries. 159 such mother unit entrepreneurs and 49800 BPL beneficiaries are given benefit under the scheme. These farms also supply feed to the mother unit entrepreneurs on their requisition. Besides, department is running two poultry schemes for the SC / ST beneficiaries namely Backyard poultry & Kadaknath supply scheme, where 28 day old unsexed 40 chicks of low-input technology / Kadaknath are supplied from these poultry farms. There is a provision of Feed, Medicines and transportation also in these schemes. Department is also imparting training to their Vets and Para vets staff at Poultry Training School, Rewa. Beneficiaries of the backyard poultry are also being trained under different schemes. Poultry Estate under Rashtriya Krishi Vikas Yojna (RKVY) with a total financial outlay of Rs. 313.00 lakhs, is established at village Jaitpura in Dhar District near Indore in the Malwa tract. 50-100 broiler units of 2000 bird capacity are proposed to be established at Poultry Estate. Land will be alloted to the selected beneficiaries on lease basis who form society and run the estate. Poultry Estate will be managed and supervised by the Facilitator considering full bio-security measures and providing all forward and backward linkages to the enterpreneurs. 8 of 52 RFP for selection of Facilitator for POULTRY ESTATE 3.2 PROJECT OBJECTIVE The scheme envisages establishment of a maximum of 100 broiler units of 2000 birds capacity each per batch. The details of the poultry estates are given below- Salient features of Poultry Estate under the scheme Poultry Estate will have an establishment of small farmers who will organize and form societies- thus accruing both, benefits of economies of scale and achieve better market opportunities with promotion of quality products, instilling confidence in consumers. Creation of Poultry Estate is primarily envisaged on the line of other industrial estates where majority of facilities will be made available within an area to facilitate both backward and forward linkages. As far as Poultry Estate is concerned, Department will provide facilities in terms of land on lease, development of estate area, electricity and water supply, training and common facilities like feed mixing, storage, etc. Entrepreneurs who will set up broiler units in this estate will be assisted with free training and technical services provided they adopt scientific production methods. Objectives of the Scheme: To encourage small & marginal farmers, educated & unemployed youth, women, socially & economically backward section of the society to take up activities of poultry sector in a compact area by providing required infrastructure and related facilities. To achieve economies of scale by adopting cluster approach, better resource sharing etc. To put technical-backstopping, training and operation procedures in place in these units to prevent risk of loss from breach of bio-security and disease. To restore consumer confidence in products from this estate and encourage brand recognition and therefore ensure a steady market. Farmers may exploit opportunity provided by this estate to become exporters of poultry products. Eventually, this model poultry estate should have a snowball effect and propel private sector to pay attention to bio-security issues, hygienic, pollution-free production and most important of all, welfare of primary farmer etc. 9 of 52 RFP for selection of Facilitator for POULTRY ESTATE Allotment of Land: Animal Husbandry Deptt. has already selected the land at village Jaitpura in Dhar District and State Level Sanction and Monitoring Committee (SLSMC) constituted under CSS-Poultry Development has approved the suitability of the land keeping in view factors like distance from water bodies, existing farms, connectivity, migratory birds flying route, etc. and found it suitable for establishing the Broiler Poultry Estate. Land development and construction of other necessary structures in the estate has been done by the constructing agency on the basis of plan prepared by the NABCONS Pvt. Ltd. After the development of estate, the estate will be handed over to the facilitator for its smooth functioning as per the terms of contract. Eligibility Criteria for the Bidder- 1. All Companies / NGO / Integrators involved in the poultry business and having a minimum turnover of not be less than 5 crores can bid for working as a facilitator. 2. The bidder must have an experience of providing complete technical knowhow in the smooth functioning of similar / poultry projects as mentioned in the scope of works. The bidder must submit year wise copies of similar / poultry works with documentary evidence. 3. The bidder should have a team of following experienced qualified technical experts and must be in the business of rearing at least 50,000 breeders with own hatchery and transport facility commensurate with the work load or willing to invest in the same. S.No. Technical Experts 1 Veterinarian 2 Nutritionist 3 Marketing 4 Civil Engineer Qualification MVSc (Poultry) MVSc (Nutrition) BVSc &AH Experience Minimum 7 years in similar job work. Minimum 5 years in poultry feed production. Mini. 5 yrs experience in the Marketing of Chicks/Broiler/Layers/Feed.Peferably Degree or Diploma in Marketing Management. B.E / Diploma in Minimum 5 years experience in the Civil designing / Construction and site execution Engineering. preferably for poultry sheds etc. 4. The bidder should submit its all legal documents inclusive of registration, IT returns, service tax returns including audited tax accounts of their firm for the last 3 years. NGO's should submit all the related documents like registration number, specialized area of work, team of experts etc. 5. The bidder should have an experience of running at least one successful poultry project especially of BROILERS. 10 of 52 RFP for selection of Facilitator for POULTRY ESTATE 4. SCOPE OF WORK 4.1- The facilitator who are applying have to submit a Detailed Action Plan (DPR) for smooth functioning of the proposed Poultry Estate like(a) Proposed plan for supply of chicks, feed, medicines and other requirements, needed for smooth running of the estate. (b) Proposed plan for marketing of finished product. (c) Requirement of services and materials. (d) Process flows. (e) Supervision / technical guidance during construction of buildings / sheds. (f) Provide technical support for rearing of broilers. (g) Proposals should clearly outline the implementation schedules with time lines project, according to the market scenario. (h) The bidder should submit the proposals for the entire work and proposals in services in part will be rejected. 4.2- The facilitator will have to provide Technical knowhow including backward and forward linkages and other required services for smooth functioning of estate. 4.3- The facilitator will be responsible for supervision and maintenance of common infrastructure like supply of electricity and water, internal roads, fencing, foot bath, foot dip and other bio-security measures like water disposal system outside the individual units, but within the estate. 4.4- The facilitator will also assist in the selection of beneficiaries for Poultry Estate keeping in view the social and financial status of the candidates and giving preference to the women, SC/ST, educated unemployed youth and economically backward section of the society. 4.5- Training of identified beneficiaries shall be organized by the facilitator, under the guidance of local AHD, for which funds will be provided as per provision in the scheme. 4.6 - The facilitator shall help the farmers in applying for loan from a bank in the vicinity and will co-ordinate with the local banks for sanction of loans to identified beneficiaries under the scheme. 4.7- The facilitator will mobilize the beneficiaries to form co-operative societies and facilitate them for its registration. This co-operative will work under the overall supervision of facilitator so as to fulfill the aims of the project. 4.8- The facilitator will be responsible for handling and operating feed mill, Disease Investigation cum Nutrition Lab., and other structures like canteen, retail outlet etc. within the estate. 11 of 52 RFP for selection of Facilitator for POULTRY ESTATE 4.9- The facilitator will be the member of the Project Monitoring Committee and can monitor the land development and construction work done by the constructing agency. He can suggest any change if required for the smooth functioning of the Estate with the consent of the committee members. 4.10- Every activity taken by facilitator should be demand driven and should be in accordance with the provisions of the guidelines and fulfill the aims and objectives by achieving designed output and outcome. 4.11- The facilitator will be responsible for providing assured health coverage, supply of inputs and marketing of outputs including transport to the beneficiaries. 4.12- The facilitator will also have to mention the tentative action plan during the outbreak of deadly poultry diseases like Avian influenza, New Castle disease etc. 4.13- Facilitator shall not be given any funds for the assigned work. He will have to generate funds from the estate operations viz. selling chicks, preparing feed, marketing of finished goods etc. 4.14- The facilitator is bound to produce periodical monitory reports as desired / decided by PMC. 4.15- The facilitator would work under the overall supervision of the PMC as per the conditions laid by them. PMC has the right to remove any facilitator, if they deviate from the guidelines or act against the interest of the beneficiaries 5. DURATION OF SERVICES Bidder will be awarded the work for minimum 5 years from the date of selection as a facilitator. However, on satisfactory completion of work, the period may be extended on the recommendation of PMC, if the bidder agrees to pay 15% higher premium than the last paid premium. Other terms and conditions remaining unchanged provided the facilitator has never been in breach of contract throughout the contract period. 6. TERMS AND CONDITIONS 6.1. The Applicant(s) shall bear all costs associated with the preparation and submission of its proposal and contract negotiation. 6.2. All documents submitted by the Applicant(s) will be treated as confidential, and will not be returned to Applicant(s). 12 of 52 RFP for selection of Facilitator for POULTRY ESTATE 6.3. Authority reserves the right to accept or reject any or all applications, without thereby incurring any liability to the affected Applicant(s) or any obligation to inform the Applicant(s). Authority also reserves the right not to award or enter into any contract or agreement with any Applicant(s), and may terminate the procurement process at any time without thereby incurring any liability to any Applicant. 6.4. Failure by any Applicant(s) to provide all of the information required in the proposal or any additional information requested by Authority may lead to rejection of the Applicant’s proposal in its entirety. 6.5. Facilitator has an obligation to disclose any actual or potential conflict of interest. Failure to do so may lead to disqualification of the Facilitator or termination of its contract at any stage. 6.6. A recommendation for award of contract will be rejected, if it is determined that the recommended Facilitator has directly, or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the contract in question; in such cases the Authority will declare the Facilitator and/or members of the consortium ineligible, either indefinitely or for a stated period of time and Facilitator will be blacklisted. 6.7. The authority shall not be responsible for the late receipt of the application for any reason whatsoever. The application received late will not be considered and will be returned un-opened to the bidder. The authority reserves the following right- a) b) Rejects any / all applications without assigning any reason thereof. To relax, alter or waive of any of the conditions stipulated in this document as deemed necessary in the best interest of Department and the objectives of assignment without assigning any reason thereof. To include any other item in the scope of work at any time before the submission date of RFP. The additional scope of work shall be issued as a corrigendum / addendum. c) 6.8. Wherever required by applicable laws, Authority shall deduct taxes at source, from the amounts payable, and shall provide to the Facilitator the appropriate tax deduction certificate evidencing payment of such taxes. 6.9. Facilitator shall not sub-contract the awarded work without the consent of Project Monitoring Committee (PMC). Consortia: Facilitator is allowed to strengthen their team by including consortium partners. The contract will however be signed with the lead facilitator and the lead facilitator will be liable for all activities and conditions under the contract. 13 of 52 RFP for selection of Facilitator for POULTRY ESTATE 7. SUBMISSION OF PROPOSAL 7.1 The bidders are required to submit separately Technical Proposal and Financial Proposal .Two separately sealed envelope containing “ Technical proposal “ and “ Financial Proposal “ shall be kept in a third envelope. This envelope will be sealed and should be marked properly indicating the contents. The envelope shall be super scribed as “Proposal for Selection of Facilitator for Poultry Estate at Dhar-Do not open except in the presence of Evaluation committee” both in Technical and Financial bid. The name of the bidding firm submitting the proposal must also be clearly indicated on the envelope. 7.2 Proposal shall be hard bound and serially numbered. Financial figures shall be laminated / covered with transparent adhesive tape. 7.3 The bid security should be enclosed in a separate cover along with the covering letter and should not be enclosed within the Technical / Financial bid covers. The same will be checked at the time of submission. 7.4 The Technical Proposal must not contain any pricing information. If the technical proposal contains any commercial information, the proposal is liable to be rejected. In submitting additional information, please mark it as “Supplementary“ to the required response. If the bidder wishes to propose additional services (or enhance level of services) beyond the scope of this RFP, the proposal must include a description of such services as a separate and distinct attachment to the proposal. 7.5 Once submitted, the proposal, including the composition of the consulting team, cannot be altered without prior written consent of Authority. Standard Formats for submission of the Proposal are enclosed with this RFP. 8. EVALUATION AND SELECTION PROCESS Evaluation of Technical Proposal Technical Evaluation will be done by the Technical Committee constituted for the purpose and the facilitator who will provide backward and forward linkages and other required services (as per the scope of work) technically best suited for the smooth functioning of estate will be awarded the contract. The technical proposal of the bidder will be evaluated based on the eligibility criteria detailed in page 10. The evaluation of technical proposal will be made on the basis of qualification and experience of the bidder as well as project team proposed by the bidder for this assignment. The bidder who does not possess the required qualification and experience will not be considered for opening of financial bid. Authority reserves the right to judge, appraise and reject any or all proposals. Each bidder will have to meet minimum eligibility criteria to qualify the technical evaluation phase. 14 of 52 RFP for selection of Facilitator for POULTRY ESTATE Evaluation of Financial Proposal The Financial bids of only the technically qualified bidder will be opened for evaluation. For financial evaluation; the bidder quoting the highest figure (premium payable to the Deptt.) will be awarded the contract. This however, does not include service tax, which is reimbursable. The Authority will determine whether the financial proposals are complete, correct and free from any computational errors and indicate correct prices in local currency (Indian Rupee). The Authority will notify the Facilitator in writing by registered letter, e-mail or facsimile. After finalization of detailed scope of work, terms & conditions, schedule, and other services, the firm selected will be required to enter into a contract agreement with Authority to provide the envisaged services described in the scope of work. Selection / Bid Criteria 1. The bidder quoting the maximum amount (Premium) to be given to the Dep’t of Animal Husbandry on yearly basis OR the bidder quoting the maximum percentage of revenue share annually to the Dep’t will be awarded the contract for the project. 2. The amount quoted by the selected bidder will be paid as DD in favor of Director, Animal Husbandry payable at Bhopal on the first anniversary of signing contract OR commencement of Commercial operation whichever is earlier and on every subsequent anniversary thereafter. 3. Performance security of Rs.10,00,000 (Ten lakhs only) shall be payable by selected bidder to the authority within one week of signing contract in the form of FD in favour of Director, Animal Husbandry payable at Bhopal. Failure to do so may result in termination of contract with the selected bidder. 4. The performance security will be refunded after 2 years of commencement of commercial operations, if the services are provided satisfactorily as per the terms of scope of work. 5. If the services are not found satisfactory as per the scope of work, the performance security may be appropriated by the authority, if the selected bidder does not rectify / improve the performance with in a period of one month of issue of notice to the effect by the authority. In case of forfeiture of performance security, the selected bidder is obligated to furnish a fresh performance security of same amount in the same format as provided earlier. TENTATIVE CALENDER OF EVENTS The following table enlists important milestones and timelines for completion of bidding activities. The milestones and timelines mentioned in the table below are suggestive in nature and may vary. 15 of 52 RFP for selection of Facilitator for POULTRY ESTATE S.No Milestone Time for completion 1 Release of Request of proposal ( RFP) 2 Last date for submission of written T + 12 days questions by bidders 3 Pre-Bid conference (Explanation of RFP) T+ 17 days 4 Last date for submission of Bid 29/08/2013 5 Opening of Technical bid 29/08/2013 T (date of release of the RFP) a. RFP Document Fees The RFP Document may be obtained from the office of Dep’t of Animal Husbandry against the payment of Rs.1000/- (One thousand only) by non refundable DD drawn in favor of of Dy.Director (Adminisration), Directorate of Animal Husbandry payable at Bhopal. Alternatively, the form may be requested by e-mail. However, for e-mail request and download forms, payment of Rs.1000/- is to be made in the above specified format at the time of submission of form / proposal. Tenders received without or with inadequate RFP document fees, shall be liable to get rejected. b. The bidders are expected to examine all instructions, forms, terms, project requirements and other information in RFP documents. Failure to furnish all information required as mentioned in the RFP document or submission of a proposal not substantially responsive to the RFP documents in every respect will be at the bidder risk and may result in rejection of the proposal and forfeiture of bid security. c. Pre-Bid Conference Dep’t of Animal Husbandry will host a pre-bid conference, tentatively scheduled as mentioned above in this page. The representatives of the interested organizations may attend the pre-bid conference at their own cost. The purpose of the conference is to provide bidders with information regarding the RFP and the proposed solution requirements in reference to the particulars of the RFP. Pre-bid conference will also provide each bidder with an opportunity to seek clarifications regarding any aspect of the RFP and the project. d. Response to Bidder’s Enquiries All enquiries from the bidders relating to this RFP must be submitted in writihg exclusively to the contact person. Contact details for the RFP are as follows- Director (Animal Husbandry) Kamdhenu Bhawan, Vaishali Nagar, Kotra Sultanabad, 16 of 52 RFP for selection of Facilitator for POULTRY ESTATE Bhopal – 462 003 Fax -: 0755-2772263 Email: dvsmp2007@yahoo.com All enquiries should be sent either through e-mail or fax. Dep’t of Animal Husbandry shall not be responsible for ensuring that bidders enquiries have been received by them. However, the Dep’t neither makes any representation or warranty as to the completeness or accuracy of the responses nor does it undertakes to answer all the enquiries that have been posed by the bidders. All responses given by Dep’t of Animal Husbandry will be distributed to all the bidders. e. Supplementary Information / Corrigendum / Amendment to the RFP 1. If Dep’t of Animal Husbandry deems it appropriate to revise any part of this RFP or to issue additional data to clarify an interpretation of the provisions of this RFP, it may issue supplements / corrigendum to this RFP. Such supplemental information will be communicated to all the bidders by e-mail or fax. Any such supplement shall be deemed to be incorporated by this reference into this RFP. 2. At any time prior to the dead line (or as extended by Dep’t of Animal Husbandry) for submission of bids, for any reason, whether at its own initiative or in response to clarifications requested by prospective bidder may modify the RFP document by issuing amendments. All bidders will be notified of such amendment(s) by publishing ,and these will be binding on all the bidders. 3. In order to allow bidders a reasonable time to take the amendment(s) into account in preparing their bids, Dep’t of Animal Husbandry, at its discretion, may extend the dead line for the submission of bids. f. Proposal Preparation Costs The bidder shall be responsible for all costs incurred in connection with participation in the RFP process, including, but not limited to costs incurred in conduct of informative and diligence activities, participation in meetings / discussions / presentations, preparation of proposal, in providing any additional information required by , Dep’t of Animal Husbandry to facilitate the evaluation process. This RFP does not commit, Dep’t of Animal Husbandry to award a contract of to engage in negotiations further, no reimbursable cost may be incurred in anticipation of award of the contract for implementation of the project. g. Dep’t of Animal Husbandry‘s Right to terminate the Process Dep’t of Animal Husbandry makes no commitment, explicit or implicit, that this process will result in a business transaction with anyone. Further, this RFP does not constitute an offer by, Dep’t of Animal Husbandry. The bidder’s participation in this process may result in Deptt., selecting the bidder to engage in further discussions and negotiations towards execution of a contract. The commencement of such negotiations does not however, signify a commitment by, Dep’t of Animal Husbandry to execute a contract or to continue negotiations. 17 of 52 RFP for selection of Facilitator for POULTRY ESTATE h. Bid Security Bidder shall submit, their RFP proposal along with a demand draft of Rs. 25,000/(Rupees Twenty Five Thousand Only) in favor of Director, Dep’t of Animal Husbandry payable at Bhopal, as refundable Bid security / Earnest Money Deposits (EMD). 1. The bid security of all unsuccessful bidders would be returned by Dep’t of Animal Husbandry within 45 days of the bidder being notified as being unsuccessful. The bid security, for the amount mentioned above of successful bidder would be returned upon submission of Performance Security. 2. The bid security amount is interest free and will be refundable to the unsuccessful bidders without any accrued interest on it. 3. The bid submitted without bid security, mentioned above, will be summarily rejected. 4. The bid security may be forfeited, if a) a bidder withdraws its bid during the period of bid validity. b) the bidder fails to sign the contract in accordance with terms and conditions (only in case of successful bidders) c) fails to furnish performance security. i. Authentication of Bids The original and all copies of the bid shall be typed or written in indelible ink and signed by the Bidder or a person duly authorized to bind the bidder to the contract..All pages of the bid, except for unamended printed literature shall be initialed and stamped by the person or persons signing the bid. j. Venue and Deadline for Submission of Proposals Proposals, in its complete from in all respects as specified in the RFP, must be submitted by /on 29th August 2013 at 1400hrs to , Dep’t of Animal Husbandry at the address specified below- Director (Animal Husbandry) Kamdhenu Bhawan, Vaishali Nagar, Kotra Sultanabad, Bhopal – 462 003 Fax -: 0755-2772263 Email: dvsmp2007@yahoo.com 18 of 52 RFP for selection of Facilitator for POULTRY ESTATE Technical Proposal- Standard Forms 19 of 52 RFP for selection of Facilitator for POULTRY ESTATE FORM TECH 1: LETTER OF PROPOSAL SUBMISSION [Location, Date] Dr. R K Rokde, Director (Veterinary Services) Kamdhenu Bhawan, Vaishali Nagar, Kotra Sultanabad, Bhopal – 462 003 Subject: Selection of Facilitator for Poultry Estate at Dhar. Dear Sir, We, the undersigned, offer to work as a facilitator for Poultry Estate at Dhar in accordance with your Request for Proposal dated [Insert Date]. We are hereby submitting our Proposal, which includes Technical Proposal, and a Financial Proposal sealed under a separate envelope. We hereby declare that all the information and statements made in this Proposal are true and accept that any misinterpretation contained in it may lead to our disqualification. Our Proposal is binding upon us and subject to the modifications resulting from Contract negotiations. We understand you are not bound to accept any Proposal you receive. We remain, Yours sincerely, Authorized Signatory [In full and initials]: Name and Title of Signatory: Name of Firm: Address: 20 of 52 RFP for selection of Facilitator for POULTRY ESTATE FORM TECH 2: BIDDERS ORGANIZATION AND EXPERIENCE A – Bidders Organization [Provide here a brief description of the background and organization of your firm / entity and each associate for this Assignment / job. The brief description should include ownership details, date and place of incorporation of the firm, objectives of the firm etc. Also if the bidder has formed a consortium, details of each of the member of the consortium, name of lead members etc. shall be provided] B – Bidders Experience [Using the format below, provide information on each Assignment / job for which your firm, and each partner in the case of consortium or joint venture, was legally contracted either individually as a corporate entity or as one of the major partners within an association, for carrying out consulting Assignment / job similar to the ones requested under this Assignment / job (If possible, the employer shall specify exact assignment / job for which experience details may be submitted). In case of consortium, association of Facilitator, the Facilitator must furnish the following information for each of the consortium member separately] 21 of 52 RFP for selection of Facilitator for POULTRY ESTATE Firm Name: 1 Assignment/job name: 1.1 Description of Project 1.2 Approx. value of the contract (in Rupees): 1.3 Country: 1.4 Location within country: 1.5 Duration of Assignment/job (months) : 1.6 Name of Employer: 1.7 Address: 1.8 Total No of staff-months of the Assignment/job: 1.9 Approx. value of the Assignment/job provided by your firm under the contract (in Rupees): 1.10 Start date (month/year): 1.11 Completion date (month/year): 1.12 Name of associated Consultant, if any: 1.13 No. of professional staff-months provided by associated Consultants: 1.14 Name of senior professional staff of your firm involved and functions performed. 1.15 Description of actual Assignment/job provided by your staff within the Assignment/job: Note: Please provide documentary evidence from the client i.e., copy of work order, contract for each of above-mentioned assignment. The experience shall not be considered for evaluation if such requisite support documents are not provided with the proposal. 22 of 52 RFP for selection of Facilitator for POULTRY ESTATE FORM TECH 3: COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE AND ON COUNTERPART STAFF AND FACILITIES TO BE PROVIDED BY THE EMPLOYER A - On the Terms of Reference/Scope of work [Suggest and justify here any modifications or improvement to the Terms of Reference you are proposing to improve performance in carrying out the Assignment/job. Such suggestions should be concise and to the point, and incorporated in your Proposal. The Authority is not bound to accept the comments/modifications suggested] B - On Inputs and Facilities to be provided by the employer [Comment here on Inputs and facilities to be provided by the Employer to Bidder] 23 of 52 RFP for selection of Facilitator for POULTRY ESTATE FORM TECH 4: DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR PERFORMING THE ASSIGNMENT/JOB Technical approach, methodology and work plan are key components of the Technical Proposal. You are suggested to present your Technical Proposal divided into the following three chapters: a) Technical Approach and Methodology, b) Work Plan, and c) Organization and Staffing, a) Technical Approach and Methodology (max 4 pages). In this chapter you should explain your understanding of the objectives of the Assignment/job, approach to the Assignment/job, methodology for carrying out the activities and obtaining the expected output, and the degree of detail of such output. You should highlight the problems being addressed and their importance, and explain the technical approach you would adopt to address them. You should also explain the methodologies you propose to adopt and highlight the compatibility of those methodologies with the proposed approach. b) Work Plan (max 3 pages). The Facilitator should propose and justify the main activities of the Assignment/job, their content and duration, phasing and interrelations, milestones (including interim approvals by the Employer), and delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing understanding of the TOR and ability to translate them into a feasible working plan. A list of the final documents, including reports, drawings, and tables to be delivered as final output, should be included here. c) Organization and Staffing. The Facilitator should propose and justify the structure and composition of its team. You should list the main disciplines of the Assignment/job, the key expert responsible, and proposed technical and support staff.] 24 of 52 RFP for selection of Facilitator for POULTRY ESTATE FORM TECH 5: TEAM COMPOSITION AND TASK ASSIGNMENT/JOBS Name Area of Position Expertise Assigned Task Assigned Employment Education/ Status (full- Degree time/ other) (Year / Institution) No. of years of relevant project experience CV signature by (expert/ other) 25 of 52 RFP for selection of Facilitator for POULTRY ESTATE FORM TECH 6: CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF (Max 3 pages per CV) 1. Proposed Position: [For each position of key professional separate form Tech-6 will be prepared]: 2. Name of Firm: [Insert name of firm proposing the staff]: 3. Name of Staff: [Insert full name]: 4. Date of Birth: 5. Nationality: 6. Education: [Indicate college/university and other specialized education of staff member, giving names of institutions, degrees obtained, and dates of obtainment]: 7. Membership of Professional Associations: 8. Other Training: 9. Countries of Work Experience: [List countries where staff has worked in the last ten years]: 10. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing]: 11. Employment Record: [Starting with present position, list in reverse order every employment held by staff member since graduation, giving for each employment (see format here below): dates of employment, name of employing organization, positions held.]: From [Year]: To [Year]: Employer: Positions held: 12. Detailed Tasks Assigned [List all tasks to be performed under this Assignment/job] 26 of 52 RFP for selection of Facilitator for POULTRY ESTATE 13. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned [Among the Assignment/jobs in which the staff has been involved, indicate the following information for those Assignment/jobs that best illustrate staff capability to handle the tasks listed under point 12.] Name of Assignment/job or project: Year: Location: Employer: Main project features: Positions held: Activities performed: 14. Certification: I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my qualifications, and my experience. I understand that any willful misstatement described herein may lead to my disqualification or dismissal, if engaged. Date: Place: [Signature of staff member or authorized representative of the staff] [Full name of authorized representative]: 27 of 52 RFP for selection of Facilitator for POULTRY ESTATE FORM TECH 7: INFORMATION REGARDING ANY CONFLICTING ACTIVITIES AND DECLARATION THEREOF We hereby declare that our firm, our associate / group firm or any of the members of the consortium are not indulged in any such activities which can be termed as the conflicting activities. We also acknowledge that in case of mis-representation of the information, our proposals / contract shall be rejected / terminated by the Employer which shall be binding on us. The determination of what construes conflicting activities, if any, shall be the prerogative of the Employer. Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm: Address: 28 of 52 RFP for selection of Facilitator for POULTRY ESTATE Financial Proposal - Standard Forms 29 of 52 RFP for selection of Facilitator for POULTRY ESTATE FORM FIN 1: FINANCIAL PROPOSAL SUBMISSION FORM [Location, Date] Dr. R K Rokde, Director (Veterinary Services) Kamdhenu Bhawan, Vaishali Nagar, Kotra Sultanabad, Bhopal – 462 003 Subject: Selection of Facilitator for Poultry Estate at Dhar. Dear Sir/Madam, We, the undersigned, offer to work as a Facilitator for poultry estate in accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal. Our attached Financial Proposal is for the sum of [Insert amount(s) in words and figures]. This amount is Exclusive of the Service Tax. We hereby confirm that the financial proposal is unconditional and we acknowledge that any condition attached to financial proposal shall result in rejection of our financial proposal. Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, upto expiration of the validity period of the Proposal. We understand you are not bound to accept any Proposal you receive. We remain, Yours sincerely, Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm: Address: 30 of 52 RFP for selection of Facilitator for POULTRY ESTATE FORM FIN 2: FORMAT FOR FINANCIAL PROPOSAL S No. Total fee (In Rs.) Project / Name 1. Fees (Premium payable to the Deptt.) [Indicate fee] total 2. Taxes Incl. Service Taxes, if any [________] 3. Total [________] [ ] to be filled in by the Applicant Authorized Signature:…………..... Name: …………………………….. Designation ………………………. Name of firm:……………………… Address:…………………………… Please Note: 1. Fee structure and payment terms shall remain strictly as indicated above. Fee shall be quoted as a fixed amount in Indian Rupees. Conditional proposal shall be summarily rejected 2. The above quoted fee shall include all expenses such as legal fees and out of pocket expenses, etc. to be incurred by the Facilitator to complete the assignment. 3. Service Taxes as applicable shall be indicated by the Facilitator on total fee separately. 4. The bids shall be evaluated on maximum premium payable to the Deptt.. 5. Terms of Payment will be as indicated in the RFP document on page no. 15 31 of 52 RFP for selection of Facilitator for POULTRY ESTATE PART - B Form of Contract 32 of 52 RFP for selection of Facilitator for POULTRY ESTATE Contents I. Contract 35 II. General Conditions of Contract 37 1. General Provisions 37 2. Commencement, Completion, Modification and Termination of Contract 39 3. Obligations of the Facilitator 43 4. Facilitator's Personnel 45 5. Obligations of the Employer 45 6. Fairness and Good Faith 46 7. Settlement of Disputes 47 8. Liquidated Damages 47 9. Miscellaneous Provisions 48 III Special Conditions of Contract 49 IV Appendices 51 Appendix A – Description of Services 52 Appendix B – Reporting Requirements 52 Appendix C – Staffing Schedule 52 Appendix D – Premium payable to Employer 52 Appendix E – Duties of the Employer 52 Appendix F – Duties of the Facilitator 52 Appendix G – Copy of RFP issued with Addendum,if any 52 Appendix H – Copy of Technical Proposal submitted by Facilitator. 52 33 of 52 RFP for selection of Facilitator for POULTRY ESTATE CONTRACT FOR FACILITATOR’S SERVICES Between --------------------------------------------------------------------------------------------------------------------------------_________________ ________________ and [Name of the Facilitator] Dated: 34 of 52 RFP for selection of Facilitator for POULTRY ESTATE I. Contract This CONTRACT (hereinafter called the “Contract”) is made the [day] day of the month of [month], [year], between the President of India acting through the Director, Animal Husbandry Madhya Pradesh Bhopal – 462 003 (hereinafter called the “Employer”), of the First Part and, [name of Facilitator] (hereinafter called the “Facilitator”) of the Second Part. WHEREAS (a) the Facilitator,having represented to the “Employer” that he has the required professional skills, personnel and technical resources, has offered to provide in response to the Notice inviting proposal dated ___________ issued by the Employer; (b) the “Employer” has accepted the offer of the Facilitator to provide the services on the terms and conditions set forth in this Contract. NOW, THEREFORE, IT IS HEREBY AGREED between the parties as follows: 1. The following documents attached hereto shall be deemed to form an integral part of this Contract: (a) The General Conditions of Contract; (b) The Special Conditions of Contract; (c) The following Appendices: Appendix A: Description of Services Appendix B: Reporting Requirements Appendix C: Staffing Schedule Appendix D: Premium payable to Employer Appendix E: Duties of the “Employer" Appendix F: Duties of the "Facilitator" Appendix G: Copy of RFP issued with addendum. Appendix H: Copy of Technical Proposal submitted by Facilitator. 2. The mutual rights and obligations of the “Employer” and the Facilitator shall be as set forth in the Contract, in particular: (a) the Facilitator shall carry out and complete the Services in accordance with the provisions of the Contract; and (b) the Facilitator shall make payments to the “Employer” in accordance with the provisions of the Contract. IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written. Signed by --------------------------For and on behalf of the [Name of Employer] _____________________________________ 35 of 52 RFP for selection of Facilitator for POULTRY ESTATE _____________________________________ _____________________________________ _____________________________________ In presence of (Witnesses) (i) (ii) 2. For and on behalf of [Name of Facilitator] [Authorized Representative] In presence of (Witnesses) (i) (ii) 36 of 52 RFP for selection of Facilitator for POULTRY ESTATE II. General Conditions of Contract 1. GENERAL PROVISIONS 1.1 Definitions: Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings: (a) “Applicable Law” means the laws and any other instruments having the force of law in India for the time being. (b) “Facilitator” means any private or public entity that will provide the Services to the “Employer” under the Contract. (c) “Contract” means the Contract signed by the Parties and all the attached documents listed in its Clause 1 that is this General Conditions (GC), the Special Conditions (SC), and the Appendices. (d) “Day” means calendar day. (e) “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GC 2.1. (f) “GC” means these General Conditions of Contract. (g) “Local Currency” means Indian Rupees. (h) “Third Party” means any person or entity other than the “Employer”, or the "Facilitator" (i) “In writing” means communicated in written form with proof of receipt. (j) “Party” means the “Employer” or the Facilitator, as the case may be, and “Parties” means both of them. (k) “Personnel” means professionals and support staff provided by the Facilitator and assigned to perform the Services or any part thereof. (l) “Fees” means all assignment-related to costs [such as remuneration, travel, translation, report printing, secretarial expenses, taxes subject to specified maximum limits in the Contract]. (m) “SC” means the Special Conditions of Contract by which the GC may be amended or supplemented. (n) “Services” means the work to be performed by the Facilitator in pursuant to this Contract, as described in Appendix A hereto. 1.2 Relationship between the Parties Nothing contained herein shall be construed as establishing a relationship of master and servant or of principal and agent as between the “Employer” and the "Facilitator". The Facilitator, subject to this Contract, has complete charge of Personnel, if any, performing the 37 of 52 RFP for selection of Facilitator for POULTRY ESTATE Services and shall be fully responsible for the Services performed by them or on their behalf hereunder. 1.3 Law Governing Contract: This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the applicable laws of India and state. 1.4 Headings: The headings shall not limit, alter or affect the meaning of this Contract. 1.5 Notices 1.5.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered post to such Party at the address specified in the SC. 1.5.2 A Party may change its address for notice hereunder by giving the other Party notice in writing of such change to the address specified in the SC. 1.6 Location: The Services shall be performed at such locations as are specified in Appendix A hereto and, where the location of a particular task is not so specified, at such locations, as the “Employer” may approve. 1.7 Authorized Representatives: Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by the “Employer” or the Facilitator may be taken or executed by the officials specified in the SC. 1.8 Taxes and Duties: The Facilitator and Personnel shall be liable to pay such direct and indirect taxes, duties, fees and other impositions levied under the applicable laws of India and State. Tax deductions, where ever applicable, shall be undertaken by the employer as per extant laws. 1.9 Fraud and Corruption 1.9.1 Definitions: It is the Employer’s policy to require that Employers as well as Facilitator observe the highest standard of ethics during the execution of the Contract. In pursuance of this policy, the Employer defines, for the purpose of this provision, the terms set forth below as follows: (i) “Corrupt practice” means the offering, receiving, or soliciting, directly or indirectly, of any thing of value to influence the action of a public official in the selection process or in contract execution; (ii) “Fraudulent practice” means a mis-representation or omission of facts in order to influence a selection process or the execution of a contract; (iii) “Collusive practices” means a scheme or arrangement between two or more Facilitator, with or without the knowledge of the Employer, designed to establish prices at artificial, noncompetitive levels; 38 of 52 RFP for selection of Facilitator for POULTRY ESTATE (iv) “Coercive practices” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in a procurement process, or affect the execution of a contract; 1.9.2 Measures to be taken by the Employer (a) The Employer may terminate the contract if it determines at any time that representatives of the Facilitator were engaged in corrupt, fraudulent, collusive or coercive practices during the selection process or the execution of that contract, without the Facilitator having taken timely and appropriate action satisfactory to the Employer to remedy the situation; (b) The Employer may also sanction against the Facilitator, including declaring the Facilitator ineligible, either indefinitely or for a stated period of time, to be awarded a contract if it at any time determines that the Facilitator has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a Employerfinanced contract; 2. COMMENCEMENT, COMPLETION, MODIFICATION & TERMINATION OF CONTRACT 2.1 Effectiveness of Contract: This Contract shall come into force and effect on the date (the “Effective Date”) of the Employer's notice to the Facilitator, instructing the Facilitator to begin carrying out the Services. This notice shall confirm that the conditions precedent and effectiveness conditions, if any, listed in the SC have been met. 2.2 Termination of Contract for Failure to Become Effective: If this Contract has not become effective within such time period after the date of the Contract signed by the Parties as specified in the SC, either Party may, by not less than twenty one (21) days written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with respect hereto. 2.3 Commencement of Services: The Facilitator shall begin carrying out the Services not later than the number of days after the Effective Date specified in the SC. 2.4 Expiration of Contract: Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall expire at the end of such time period after the Effective Date as specified in the SC. 2.5 Entire Agreement: This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any other statement, representation, promise or agreement not set forth herein. 2.6 Modifications or Variations: (a) Any modification or variation of the terms and conditions of this Contract, including any modification or variation of the Scope of the Services, may only be made by written agreement between the Parties. Pursuant to Clause GC 7.2 here of, however, each Party shall give due consideration to any proposals for modification or variation made by the other Party. (b) In cases of substantial modifications or variations, the prior written consent of the Employer is required. 39 of 52 RFP for selection of Facilitator for POULTRY ESTATE 2.7 Force Majeure 2.7.1 Definition (a) For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party, is not foreseeable, is unavoidable and not brought about by or at the instance of the Party claiming to be affected by such events and which has caused the non-performance or delay in performance, and which makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other extreme adverse weather conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by Government agencies. (b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or by or of such Party’s or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected both to take into account at the time of the conclusion of this Contract, and avoid or overcome in the carrying out of its obligations hereunder. (c) Subject to clause 2.7.2, Force Majeure shall not include insufficiency of funds or inability to make any payment required hereunder. 2.7.2 No Breach of Contract: The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract. 2.7.3 Measures to be taken: (a) A Party affected by an event of Force Majeure shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall take all reasonable measures to minimize the consequences of any event of Force Majeure. (b) A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any case not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give written notice of the restoration of normal conditions as soon as possible. (c) Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure. (d) During the period of their inability to perform the Services as a result of an event of Force Majeure, the Facilitator, upon instructions by the “Employer”, shall either: (i) Demobilize; or (ii) shall continue to pay to the employer proportionately and on pro-rata basis, under the terms of this Contract. 40 of 52 RFP for selection of Facilitator for POULTRY ESTATE (e) In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled according to Clause GC 8. 2.8 Suspension: The “Employer” may, by written notice suspends the Facilitator, if the Facilitator fails to perform any of its obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall allow the Facilitator to remedy such failure, if capable of being remedied, within a period not exceeding thirty (30) days after receipt by the Facilitator of such notice of suspension. 2.9 Termination 2.9.1 By the “Employer”: The “Employer” may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (i) of this Clause GC 2.9.1. (a) If the Facilitator fails to remedy a failure in the performance of its obligations hereunder, as specified in a notice of suspension pursuant to Clause GC 2.8 hereinabove, within thirty (30) days of receipt of such notice of suspension or within such further period as the “Employer” may have subsequently approved in writing. (b) If the Facilitator becomes (or, if the Facilitator consists of more than one entity, if any of its Members becomes and which has substantial bearing on providing Services under this contract) insolvent or go into liquidation or receivership whether compulsory or voluntary. (c) If the Facilitator fails to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GC 8 hereof. (d) If the Facilitator, in the judgment of the “Employer”, has engaged in corrupt or fraudulent practices in competing for or in executing this Contract. (e) If the Facilitator submits to the “Employer” a false statement which has a material effect on the rights, obligations or interests of the “Employer”. (f) If the Facilitator places itself in position of conflict of interest or fails to disclose promptly any conflict of interest to the Employer. (g) If the Facilitator fails to provide the quality services as envisaged under this Contract. The Project Monitoring Committee (PMC) formulated to monitor the progress of the assignment may make judgment regarding the poor quality of services, the reasons for which shall be recorded in writing. The PMC may decide to give one chance to the Facilitator to improve the quality of the services. (h) If, as the result of Force Majeure, the Facilitator is unable to perform a material portion of the Services for a period of not less than sixty (60) days. (i) If the “Employer”, in its sole discretion and for any reason whatsoever, decides to terminate this Contract. 41 of 52 RFP for selection of Facilitator for POULTRY ESTATE 2.9.2 In such an occurrence the “Employer” shall give a not less than thirty (30) days’ written notice of termination to the Facilitator, and sixty (60) days’ in case of the event referred to in (i). 2.9.3 By the Facilitator: The Facilitator may terminate this Contract, by not less than thirty (30) days’ written notice to the “Employer”, in case of the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause GC 2.9.3. (a) If the “Facilitator” fails to pay any money due to the Employer pursuant to this Contract and not subject to dispute pursuant to Clause GC 8 hereof within forty-five (45) days after receiving written notice from the “Employer” that such payment is overdue. (b) If, as the result of Force Majeure, the Facilitator is unable to perform a material portion of the Services for a period of not less than sixty (60) days. (c) If the “Employer” fails to comply with any final decision reached as a result of arbitration pursuant to Clause GC 8 hereof. (d) If the “Employer” is in material breach of its obligations pursuant to this Contract and has not remedied the same within forty-five (45) days (or such longer period as the Facilitator may have subsequently approved in writing) following the receipt by the “Employer” of the Facilitator's notice specifying such breach. 2.9.4 Cessation of Rights and Obligations: Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof, or upon expiration of this Contract pursuant to Clause GC 2.4 hereof, all rights and obligations of the Parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, (ii) the obligation of confidentiality set forth in Clause GC 3.3 hereof, (iii) the Facilitator’s obligation to permit inspection, copying and auditing of their accounts and records set forth in Clause GC 3.6 hereof, and (iv) any right which a Party may have under the Law. 2.9.5 Cessation of Services: Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the Facilitator shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Facilitator and equipment and materials furnished by the “Employer”, the Facilitator shall proceed as provided, respectively, by Clauses GC 3.8 hereof. 2.9.6 Payment upon Termination: If the termination occurs on account of facilitator default or non-performance in pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the “Employer” shall forfiet the performance security. 2.9.7 Disputes about Events of Termination: If either Party disputes whether an event specified in paragraphs (a) through (g) of Clause GC 2.9.1 or in Clause GC 2.9.2 hereof has occurred, such Party may, within forty-five (45) days after receipt of notice of termination from the other Party, refer the matter to Clause GC 8 hereof, and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award. 42 of 52 RFP for selection of Facilitator for POULTRY ESTATE 3. OBLIGATIONS OF THE FACILITATOR 3.1 General 3.1.1 Standard of Performance: The Facilitator shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The Facilitator shall always act, in respect of any matter relating to this Contract or to the Services, as faithful adviser to the “Employer”, and shall at all times support and safeguard the Employer's legitimate interests in any dealings with Sub- Facilitator or Third Parties. 3.2 Conflict of Interests: The Facilitator shall hold the Employer's interests paramount, without any consideration for future work, and strictly avoid conflict of interest with other assignments or their own corporate interests. If during the period of this contract, a conflict of interest arises for any reasons, the Facilitator shall promptly disclose the same to the Employer and seek its instructions. 3.2.1 Facilitator not to benefit from Commissions, Discounts, etc.: (a)The payment of the Facilitator pursuant to Clause GC 6 hereof shall constitute the Facilitator’s only payment in connection with this Contract and, subject to Clause GC 3.2.2 hereof, the Facilitator shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or in the discharge of its obligations hereunder, and the Facilitator shall use its best efforts to ensure that any Sub- Facilitator, as well as the Personnel and agents of either of them, similarly shall not receive any such additional payment. (b) Furthermore, if the Facilitator, as part of the Services, has the responsibility of advising the “Employer” on the procurement of goods, works or services, the Facilitator shall comply with the Employer’s applicable procurement guidelines, and shall at all times exercise such responsibility in the best interest of the “Employer”. Any discounts or commissions obtained by the Facilitator in the exercise of such procurement responsibility shall be for the account of the “Employer”. 3.2.2 Facilitator and Affiliates Not to Engage in Certain Activities: The Facilitator agrees that, during the term of this Contract and after its termination, the Facilitator and any entity affiliated with the Facilitator, shall be disqualified from providing goods, works or services (other than consulting services) resulting from or directly related to the Facilitator’s Services for the preparation or implementation of the project. 3.2.3 Prohibition of Conflicting Activities: The Facilitator shall not engage, and shall cause their Personnel as well as their Personnel not to engage, either directly or indirectly, in any business or professional activities that would conflict with the activities assigned to them under this Contract. 3.3 Confidentiality: Except with the prior written consent of the “Employer”, the Facilitator and the Personnel shall not at any time communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the Facilitator and its Personnel make public the recommendations formulated in the course of, or as a result of, the Services. The Facilitator shall adhere to strict standards of data protection, maintenance of 43 of 52 RFP for selection of Facilitator for POULTRY ESTATE intellectual property rights and protection of confidentiality of the various documents, records and reports relating to the projects. 3.4 Insurance to be Taken out by the Facilitator: The Facilitator (i) shall take out and maintain, insurance, at their own cost but on terms and conditions approved by the “Employer”, insurance against the risks, and for the coverage specified in the SC, and (ii) at the Employer's request, shall provide evidence to the “Employer” showing that such insurance has been taken out and maintained and that the current premiums therefore have been paid. 3.5 Accounting, Inspection and Auditing: The Facilitator (i) shall keep accurate and systematic accounts and records in respect of the Services hereunder, in accordance with nationally accepted accounting principles and in such form and detail as will clearly identify all relevant time changes and costs, and the bases thereof, and (ii) shall periodically permit the “Employer” or its designated representative and/or the Employer, and up to five years from expiration or termination of this Contract, to inspect the same and make copies thereof as well as to have them audited by auditors appointed by the “Employer” or the Employer, if so required by the “Employer” or the Employer as the case may be. 3.6 Facilitator’s Actions Requiring Employer's Prior Approval: The Facilitator shall obtain the Employer's prior approval in writing before making any change or addition to the Personnel listed in Appendix C. 3.7 Reporting Obligations: The Facilitator shall submit to the “Employer” the reports and documents specified in Appendix B hereto, in the form, in the numbers and within the time periods set forth in the said Appendix. Final reports shall be delivered in CD ROM in addition to the hard copies specified in said Appendix. 3.8 Equipment, Vehicles and Materials Furnished by the “Employer”: Equipment, vehicles and materials made available to the Facilitator by the “Employer”, or purchased by the Facilitator wholly or partly with funds provided by the “Employer”, shall be the property of the “Employer” and shall be marked accordingly. Upon termination or expiration of this Contract, the Facilitator shall make available to the “Employer” an inventory of such equipment, vehicles and materials and shall dispose of such equipment and materials in accordance with the Employer's instructions. While in possession of such equipment, vehicles and materials, the Facilitator, unless otherwise instructed by the “Employer” in writing, shall insure them at the expense of the “Employer” in an amount equal to their full replacement value. Equipment and Materials provided by the Facilitator: Equipment or materials brought into the Government’s country by the Facilitator and the Personnel and used either for the Project or personal use shall remain the property of the Facilitator or the Personnel concerned, as applicable. 4. FACILITATOR' PERSONNEL 4.1 General: The Facilitator shall employ and provide such qualified and experienced Personnel as are required to carry out the Services. 44 of 52 RFP for selection of Facilitator for POULTRY ESTATE 4.2 Description of Personnel: The title, agreed job description, minimum qualification and estimated period of engagement in the carrying out of the Services of each of the Facilitator’s Key Personnel are as per the Facilitator’s proposal and are described in Appendix C. If any of the Key Personnel has already been approved by the “Employer”, his/her name is listed as well. 4.3 Approval of Personnel: The Key Personnel listed by title as well as by name in Appendix C are hereby approved by the “Employer”. In respect of other Personnel which the Facilitator proposes to use in the carrying out of the Services, the Facilitator shall submit to the “Employer” for review and approval, a copy of their Curricula Vitae (CVs). If the “Employer” does not object in writing (stating the reasons for the objection) within twenty-one (21) days from the date of receipt of such CVs, such Personnel shall be deemed to have been approved by the “Employer”. 4.4 Removal and/or Replacement of Personnel: (a) except as the “Employer” may otherwise agree, no changes shall be made in the Personnel. If, for any reason beyond the reasonable control of the Facilitator, such as retirement, death, medical incapacity, among others, it becomes necessary to replace any of the Personnel, the Facilitator shall forthwith provide as a replacement a person of equivalent or better qualifications. (b) If the “Employer” (i) finds that any of the Personnel has committed serious misconduct or has been charged with having committed a criminal action, or (ii) has reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Facilitator shall, at the Employer's written request specifying the grounds therefore, forthwith provide as a replacement a person with qualifications and experience acceptable to the “Employer”. 4.5 Resident Project Manager: If required by the SC, the Facilitator shall ensure that at all times during the Facilitator performance of the Services, a Resident Project Manager, acceptable to the “Employer”, shall take charge of the performance of such Services. 5. OBLIGATIONS OF THE “EMPLOYER” 5.1 Assistance and Exemptions: Unless otherwise specified in the SC, the “Employer” shall use its best efforts to ensure that the Government shall: (a) Provide the Facilitator and Personnel with work permits and such other documents as shall be necessary to enable the Facilitator or Personnel to perform the Services. (b) Issue to officials, agents and representatives of the Government all such instructions as may be necessary or appropriate for the prompt and effective implementation of the Services. 5.2 Change in the Applicable Law Related to Taxes and Duties: If, after the date of this Contract, there is any change in the Applicable Laws of India or state with respect to taxes and duties, which are directly payable by the Facilitator for providing the services i.e. service tax or any such applicable tax from time to time, which increases or decreases the cost incurred by the Facilitator in performing the Services, shall be borne by the facilitator and Govt. shall not be liable in any way for change in the financial viability. 45 of 52 RFP for selection of Facilitator for POULTRY ESTATE 5.3 Services, Facilities and Property of the “Employer”: (a) The “Employer” shall make available to the Facilitator and its Personnel, for the purposes of the Services and free of any charge, the services, facilities and property described in Appendix E at the times and in the manner specified in said Appendix E. (b) In case that such services, facilities and property shall not be made available to the Facilitator as and when specified in Appendix E, the Parties shall agree on any time extension that it may be appropriate to grant to the Facilitator for the performance of the Services. 5.4 Payment: In consideration of the Services performed by the Facilitator under this Contract, the “Facilitator” shall make to the Employer such payments (premium) and in such manner as is provided by Clause GC 6 of this Contract. 5.5 Counterpart Personnel: (a) If necessary, the “Employer” shall make available to the Facilitator free of charge such professional and support counterpart personnel, to be nominated by the “Employer” with the Facilitator’s advice, if specified in Appendix E. (b) Professional and support counterpart personnel, excluding “Employer’s” liaison personnel, shall work under the exclusive direction of the Facilitator. If any member of the counterpart personnel fails to perform adequately any work assigned to such member by the Facilitator that is consistent with the position occupied by such member, the Facilitator may request the replacement of such member, and the “Employer” shall not unreasonably refuse to act upon such request. 6. PAYMENTS TO THE EMPLOYER 6.1 Total Cost of the Services (a) The total cost of the Services payable is set forth in Appendix D as per the Facilitator’s proposal to the Employer. (b) Except as may be otherwise agreed under Clause GC 2.6 and subject to Clause GC 6.2 Currency of Payment: All payments shall be made in Indian Rupees. 6.3 Terms of Payment The payments as premium in respect of the contract shall be made in due time. 7. FAIRNESS AND GOOD FAITH 7.1 Good Faith: The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract. 7.2 Operation of the Contract: The Parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of 46 of 52 RFP for selection of Facilitator for POULTRY ESTATE such unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with Clause GC 8 hereof. 8. SETTLEMENT OF DISPUTES 8.1 Amicable Settlement: Performance of the contract is governed by the terms & conditions of the contract, in case of dispute arises between the parties regarding any matter under the contract, either Party of the contract may send a written Notice of Dispute to the other party. The Party receiving the Notice of Dispute will consider the Notice and respond to it in writing within 30 days after receipt. If that party fails to respond within 30 days, or the dispute cannot be amicably settled within 60 days following the response of that party, clause GC 8.2 shall become applicable. 8.2 Arbitration: In the case of dispute arising upon or in relation to or in connection with the contract between the Employer and the Facilitator, which has not been settled amicably, any party can refer the dispute for Arbitration under (Indian) Arbitration and Conciliation Act, 1996. Such disputes shall be referred to an Arbitral Tribunal consisting of 3 (three) arbitrators, one each to be appointed by the Employer and the Facilitator, the third arbitrator shall be chosen by the two arbitrators so appointed by the parties and shall act as Presiding Arbitrator. In case of failure of the two arbitrators, appointed by the parties to reach a consensus regarding the appointment of the third arbitrator within a period of 30 days from the date of appointment of the two arbitrators, the Presiding arbitrator shall be appointed by the Principal Secretary, Department of Animal Husbandry, Government of MP. The Arbitration and Conciliation Act, 1996 and any statutory modification or re-enactment thereof, shall apply to these arbitration proceedings. 8.3. Arbitration proceedings shall be held in India at the place indicated in SC and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English. 8.4 The decision of the majority of arbitrators shall be final and binding upon both parties. The expenses of the arbitrators as determined by the arbitrators shall be shared equally by the Employer and the Facilitator. However, the expenses incurred by each party in connection with the preparation, presentation shall be borne by the party itself. All arbitration awards shall be in writing and shall state the reasons for the award. 9. Liquidated Damages 9.1 The parties hereby agree that due to negligence of act of any party, if the other party suffers losses, damages the quantification of which may be difficult, and hence the amount specified hereunder shall be construed as reasonable estimate of the damages and both the parties agree to pay such liquidated damages, as defined hereunder as per the provisions of this Contract. 9.2 The amount of liquidated damages under this Contract shall not exceed 10% of the total value of the contract as specified in Appendix D. 9.3 The liquidated damages shall be applicable under following circumstances: 47 of 52 RFP for selection of Facilitator for POULTRY ESTATE (a) If the services are not started as per schedule, the Facilitator shall be liable to pay 1% of the total cost of the performance security for delay of each week or part thereof. (b) If the deliverables are not acceptable to the Employer, and defects are not rectified to the satisfaction of the Employer within 30 days of the receipt of the notice, the Facilitator shall be liable for Liquidated Damages for an amount equal to 1% of performance security for every week or part thereof for the delay. 10. Miscellaneous provisions: (i) “Nothing contained in this Contract shall be construed as establishing or creating between the Parities, a relationship of master and servant or principal and agent. (ii) Any failure or delay on the part of any Party to exercise right or power under this Contract shall not operate as waiver thereof. (iii) The Contractor/ Facilitator shall notify the Employer/ the Government of MP of any material change in their status, in particular, where such change would impact on performance of obligations under this Contract. (iv) Each member/constituent of the Contractor/ Facilitator, in case of a consortium, shall be jointly and severally liable to and responsible for all obligations towards the Employer/Government for performance of works/services including that of its Associates/Sub Contractors under the Contract. (v) The Contractor/ Facilitator shall at all times indemnify and keep indemnified the Employer/Government of MP against all claims/damages etc. for any infringement of any Intellectual Property Rights (IPR) while providing its services under the Project. (vi) The Contractor/ Facilitator shall at all times indemnify and keep indemnified the Employer/Government of MP against any claims in respect of any damages or compensation payable in consequences of any accident or injury sustained or suffered by its (the Contractor’s/ Facilitator’s) employees or agents or by any other third Party resulting from or by any action, omission or operation conducted by or on behalf of the Contractor/ Facilitator. (vii) The Contractor/ Facilitator shall at all times indemnify and keep indemnified the Employer/Government of MP against any and all claims by Employees, Workman, Contractors, sub-contractors, suppliers, agent(s), employed engaged or otherwise working for the Contractor, in respect of wages, salaries, remuneration, compensation or the like. (viii) It is acknowledged and agreed by all Parties that there is no representation of any type, implied or otherwise, of any absorption, regularization, continued engagement or concession or preference for employment of persons engaged by the (Contractor/ Facilitator) for any engagement, service or employment in any capacity in any office or establishment of the Government of MP or the Employer. 48 of 52 RFP for selection of Facilitator for POULTRY ESTATE III. Special Conditions of Contract: (Clauses in brackets { } are optional; all notes should be deleted in final text) SC Ref. of Amendments of, and Supplements to, Clauses in the General Clause GC Conditions of Contract Clause 1. 1.5 The addresses are: 1. “Employer” : Attention: Facsimile : 2. Facilitator: Attention : Facsimile : 2. 1.7 The Authorized Representatives are: For the “Employer”: For the Facilitator: 3. 4. 5. 6. 7. 2.1 2.2 2.3 2.4 3.4 Effectiveness of the Contract: From the date of signing of the Contract The time period shall be 21 days The time period shall be 15 days The time period shall be 9 months The risks and the insurance coverage shall be as follows: (a) Third Party motor vehicle liability insurance in respect of motor vehicles operated in the Government’s country by the Facilitator or its Personnel, with an adequate coverage (b) Third Party liability insurance, with an adequate coverage (c) Professional liability insurance to cover the employer against any loss suffered by the employer due to the professional service provided by the Facilitator, with a adequate coverage (d) Workers’ compensation insurance in respect of the Personnel of the Facilitator, in accordance with the relevant provisions of the Applicable Laws of India, as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be appropriate; and (e) Insurance against loss of or damage to (i) equipment purchased in whole or in part with funds provided under this Contract, (ii) the Facilitator’s property used in the performance of the Services, and (iii) any documents prepared by the Facilitator in the performance of the Services, by theft, fire or any natural calamity. 49 of 52 RFP for selection of Facilitator for POULTRY ESTATE 8. 4.5 9. 10. 6.1 8.3 {The person designated as resident project manager in Appendix C shall serve in that capacity, as specified in Clause GC 4.5.} (b) The ceiling in local currency is: [insert amount and currency] The Arbitration proceedings shall take place in Bhopal in India. Binding signature of Employer Signed by _______________________________ (for and on behalf of the Authority_________) Binding signature of Contractor/ Facilitator Signed by ______________________________ (for and on behalf of __________________ duly authorized vide Resolution No____________ dated ___________ of the Board of Directors of ___________) In the presence of (Witnesses) 1. 2. 50 of 52 RFP for selection of Facilitator for POULTRY ESTATE IV. Appendices 51 of 52 RFP for selection of Facilitator for POULTRY ESTATE APPENDIX A – DESCRIPTION OF SERVICES Note: This Appendix will include the final Scope of Work worked out by the “Employer” and the Facilitator during technical negotiations, dates for completion of various tasks, place of performance for different tasks/activities, specific tasks/activities/outcome to be reviewed, tested and approved by “Employer”, etc. APPENDIX B - REPORTING REQUIREMENTS Will be communicated in due course of time. Note: List format, frequency, and contents of reports; persons to receive them; dates of submission; etc. APPENDIX C – STAFFING SCHEDULE (as specified in page No.10 and 45) APPENDIX D – PREMIUM PAYABLE TO EMPLOYER (Include here the rates quoted in the financial proposal) APPENDIX E – DUTIES OF THE “EMPLOYER” (Include here the list of Services, facilities and property to be made available to the Facilitator by the “Employer”). 1. Will monitor the execution of work by facilitator. 2. Will provide necessary support like permissions, tax concessions, etc. as and when required 3. Will allow to use the existing infrastructure with due permission. 4. Will authorise one officer to assist in imlementing the project. 5. Will provide funds for training of beneficiaries as per project norms. 6. Will arrange more funds for smooth functioning of project from time to time. 7. Will convene PMC and act on decisions taken thereof. 8. Will select the beneficiaries for the project and link them with PVCF and banks for loan. 9. Will frame rules for selection of beneficiaries and allotment of land on lease basis. 10. Will take strong decisions for the general goodness of beneficiaries and poultry as whole. APPENDIX F – DUTIES OF THE “Facilitator” (Include here the list of Services to be made available by the Facilitator to the “Employer” as specified in the scope of work). APPENDIX G – COPY OF RFP ISSUED WITH ADDENDUM, if any APPENDIX H – COPY OF TECHNICAL PROPOSAL SUBMITTED BY “FACILITATOR” 52 of 52