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Request for Proposal (RFP) for Evaluation Study of Industrial Package of Incentives under North East Industrial Investment Promotion Policy (NEIIPP), 2007 for the States of NER (including Sikkim)

June 21, 2013

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MINISTRY OF COMMERCE AND INDUSTRY

DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION

GOVERNMENT OF INDIA

INVITES

REQUEST FOR PROPOSAL (RFP) DOCUMENT

FOR

Evaluation Study of Industrial Package of Incentives under North East Industrial Investment Promotion Policy (NEIIPP), 2007 for the States of NER (including Sikkim)

DBA-II/NERSection

Department of IPP

Ministry of Commerce and Industry

Government of India

New Delhi

JUNE, 2013

DISCLAIMER

Department of Industrial Policy & Promotion has prepared this document to give interested parties the background information on the proposed evaluation of the schemes under North East Industrial Investment Promotion Policy (NEIIPP), 2007. While Department of Industrial Policy & Promotion have taken due care in the preparation of the information contained herein and believe it to be accurate, neither Department of Industrial Policy & Promotion any of its authorities or agencies nor any of their respective officers, employees, agents or advisors give any warranty or make any representations, express or implied as to the completeness or accuracy of the information contained in this document or any information which may be provided in association with it. The information is not intended to be exhaustive. Interested parties are required to make their own inquiries and respondents will be required to confirm in writing that they have done so and they do not rely on the information given in this document in submitting RFP. The information is provided on the basis that it is non – binding on Department of Industrial Policy & Promotion, any of its authorities or agencies or any of their respective officers, employees, agents or advisors. Department of Industrial Policy & Promotion reserves the right not to proceed with the sub scheme or to change the configuration of the sub scheme, to alter the timetable reflected in this document or to change the process or procedure to be applied. It also reserves the right to decline to discuss the matter further with any party expressing interest. No reimbursement of cost of any type will be paid to persons or entities requesting for proposal.

SCHEDULE FOR THE SUBMISSION OF RFP

EVENT

DATE

Availability of RFP document at DIPP web site

20.06.2013 to 5.07.2013

Last date for submission of queries

1.07.2013

Last date for issue of addendum to RFP document

2.07.2013

Last date and time for submission of completed RFP document

8.07.2013 at 3.00 P.M.

Opening of RFP

8.07.2013 at 3.30 P.M.

 The RFP document containing the details regarding the scope of work, prescribed proforma and qualification criteria can be down loaded from the website of DIPP. The completed RFP documents have to be submitted before the date and time of submission along with the Earnest Money Deposit (EMD) at the following address:-

Arun Kumar,

Under Secretary,

Govt. of India,

Department of Industrial Policy & Promotion,

Ministry of Commerce and Industry,

Room No. 482, Udyog Bhawan,

New Delhi-110 011

REQUEST FOR PROPOSAL

FOR

Evaluation Study of Industrial Package of Incentives under North East Industrial Investment Promotion Policy (NEIIPP), 2007 for the States of NER (including Sikkim)

SECTION –I

INSTRUCTIONS TO APPLICANTS

1. Background

1.1 Government of India had announced a special package for the States of NER (including Sikkim) on 1st April, 2007 for promoting industrial development in the region and to boost investor confidence. A brief on the Industrial Policy Package of Incentives States of NER (including Sikkim) is at Appendix (containing notification and details of various incentives being provided under the scheme).

1.2 It has been decided to evaluate the implementation of the package so far and its impact on meeting the objectives. Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce & Industry, for and on behalf of the President of India, hereby invites proposals in the prescribed format (Forms I to IV) from reputed consultancy firms with proven experience in conducting such evaluation studies.

2. TERMS OF REFERENCE (TOR)

2.1 The consultancy firm selected for the assignment would be required to undertake the Evaluation Study with reference to the following Terms of Reference:

(i) To identify reasons/factors responsible for slow pace of industrial development compared to other parts of the country and to assess whether the objectives of NEIIPP, 2007 have been achieved. If not, the measures for improvement of effectiveness of the package.

(ii) To estimate and evaluate the benefits and impact (in case of each of the beneficiary States) of NEIIPP, 2007 in terms of achievement of its objectives and degree of industrialization (measure through materialization of investment and number of new units/expansion of capacities, employment generation, rise in manufacturing value added, increase in SDP ETC.) before and after implementation of NEIIPP, 2007.

(iii) To gauge the impact of inclusion of some of the service sector activities within NEIIPP by way of assessment of activity wise investments and employment generation in the beneficiary States.

(iv) To analyse spatial distribution of benefits (subsidies/ concessions / exemptions) and generation of outcome, identify reasons for skewed pattern, if any, and suggest remedial measures.

(v) To suggest any improvement, if required, in the present scheme and also on the present method of scrutiny & disbursement of subsidies under NEIIPP, 2007, including identification of misuse/leakages in the extant package.

(vi) To look into the compatibility of NEIIPP with National Manufacturing Policy (NMP) and to recommend measures for further streamlining NEIIPP, 2007

(vii) To analyse the impact on units under Micro, Small and Medium Enterprise sector.

(viii) To assess effectiveness of removal of thrust and non thrust distinction in NEIIPP 2007 in terms of expansion of earlier non thrust industries. The study should recommend on continuity of the uniformity or re-introduction of the distinction between the two.

(ix) Comparative analysis of the impact of NEIIPP, 2007 vis-à-vis packages implemented in Jammu & kashmir, Himachal Pradesh and Uttarakhand

3. COVERAGE

3.1 The evaluation study will cover “Select” field visits (at least 4 industrial Districts in each state and at least two units in each district) and all locations for desk review in the States of NER (including Sikkim) covered by the package of incentives referred to above on the basis of actual field visits and desk research.

4. SUBMISION OF BIDS

4.1 Consulting firms meeting the qualifying standards stipulated below may submit their proposals along with the technical and financial bids in the prescribed format to Shri Arun Kumar, Under Secretary, Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Udyog Bhavan, (Room No. 482) New Delhi- 110107 by 1500 hrs on 8th July, 2013

(a) Experience of at least five years in conducting such evaluation/ studies at various levels –national, state and district levels and had carried out evaluation studies of at least two schemes of Govt. of India on the request/order of the concerned Ministries/Departments of Govt. of India. ,

(b) An annual turnover of at least Rs. 1 crore per annum during the last three years, to be supported by audited Balance Sheets, Profit & Loss Account, Receipt and Payment Account, etc.

(c) Should have technically and managerially qualified and experienced in-house resource base

4.2 The applicants should submit their proposal along with a Demand Draft/Banker Cheque for Rs. 50,000/- drawn in favour of “DDO, DIPP, New Delhi, payable at New Delhi as Earnest Money Deposit (EMD). The bids shall be submitted in two sealed envelopes. The envelopes may be superscribed as “Evaluation of NEIIPP-Technical Bid” and “Evaluation of NEIIPP-Financial Bid” respectively. The Technical Bid shall contain all relevant papers/details. The financial bid should be inclusive of all expenses, excluding taxes and should clearly state the amount and taxes, etc. The draft/pay-order of EMD should not, under any circumstance, be put inside any of the envelopes containing the bids and should be sent/attached with the covering letter. The three documents should be placed in a big sealed envelope and superscribed “Tender for Evaluation Study of NEIIPP”.

4.3 The Proposal shall be typed or legibly written in ink and signed by the applicant who shall initial each page, in blue ink. The person(s) signing the Proposal shall initial all the alterations, omissions, additions, or any other amendments made to the Proposal in blue ink.

4.4 Authorized Signatory: The „Applicant‟ mentioned in the tender document shall mean the person who has signed the tender document forms. The applicant should be a duly authorized representative, for which a certificate of authority shall be submitted. All certificates and documents (including any clarifications sought and any subsequent correspondence) received hereby, shall, as far as possible, be furnished and signed by such authorized representative.

4.5 The bids received upto 8th July, 2013 at 3.00 P.M. would be opened in the presence of bidders who may wish to be present on the same day at 3.30 PM. Thereafter, the Technical bids shall be evaluated and financial bids of only those bidders will be opened whose technical bids are found acceptable/qualified by a Technical Evaluation Committee constituted for the purpose. After evaluation of the technical bids based on the criteria indicated below, all the bidders shortlisted on the basis of their technical bids would be requested to make a detailed presentation regarding their qualifications, experience and the proposed Concept and Plan before the Selection Committee.

Note:

1) Tenders received without earnest money shall be rejected.

2) Tenders received late, not in properly sealed cover, received by email, fax or any mode other than prescribed herein, conditional or not conforming with the above conditions or not complete in all respects will be rejected.

3) If there happens to be a holiday on any of the above mentioned dates, the transaction will be made on the next working day.

4) Issue of tender document does not mean that such manufacturers are considered qualified.

5) DIPP reserves the right to alter the qualifying requirements.

6) The Department shall not be held responsible for loss and non-receipt of tender by post.

7) DIPP reserves the sole right to accept or reject any or all proposals without assigning any reasons there for.

8) DIPP at its discretion, may extend the dead line for the submission of Applications, in which case all rites and obligations of DIP and the Applicants subject to the previous deadline shall thereafter be subject to the dead line as extended.

4.6 Candidates shall be excluded from participation in the procurement procedure if :

a) They are bankrupt or being wound up, are having their affairs administered by the courts,

have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matter, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

b) They have been convicted of an offence concerning their professional conduct by judgment which has the force of res judicata;

c) They have been guilty of grave professional misconduct proven by any means which the

contracting authority can justify;

d) They have not fulfilled obligations in respect of payment of social security contribution or

the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is performed;

e) They have been the subject of a judgment which has the force of res judicata for fraud,

corruption, involvement in a criminal organization or any other illegal activity detrimental to

the communities‟ financial interests;

f) Following another procurement procedure or grant award procedure financed by the

community budget, they have been declared to be in serious breach of contract for failure to

comply with their contractual obligations.

In pursuance of the above, the candidates are required to submit an „integrity certificate‟ as per format given in the bid documents.

5. Documents to accompany tender documents

5.1 The applications shall be sent with the following documents in the order given :

  • Tender Bid Covering Letter (Form –I) along with EMD
  • Technical bid, as per the format given in Form-II.
  • Financial bid, as per format given in Form-III
  • Integrity Certificate, as per format given in Form-IV
  • Certificate of no conflict of interest.
  • Annual Report, audited Balance Sheet & P/L Account for last 3 years.

5.2 The applicant, in addition to furnishing complete information in the Forms appended with the documents, shall furnish a detailed document on proposed approach, methodology & work plan for rendering the services asked for. The work plan shall include full justification for procedures to be adopted. A time schedule for carrying out the each component of the assignment is also to be indicated.

5.3 Every sheet and all forms complete in all respects shall be signed by the person/ persons duly authorized to sign on behalf of the applicant(s) with affixing the applicant‟s rubber stamp. The Power(s) of Attorney supporting/authorizing the signatory shall be enclosed with the offer. Any /all corrections made in the offer shall be duly authenticated by the signature of the Authorized Signatory.

6. CRITERION FOR EVALUATION

6.1 The evaluation would be based on Quality-cum-Cost Based Selection (QCBS) criteria. 70% of weightage shall be given to the technical bid (planning and implementation process) and 30% to financial bid. The technical bid will carry maximum marks of 100.

6.2 The maximum marks for each activity/ the scoring criteria to be used for evaluation of technical bid for evaluation shall be as follows:

Sl. No.

Parameters and weightage

Percentage

(a)

Past experience of the firm (40 points)

(i) No. of years in existence

 

(ii) Past experience of conducting studies of similar nature for Central Government Ministries/Departments

 

(iii) Past experience in carrying out studies in related sectors

 

5

25

10

(b)

Experience of key personnel dedicated to this assignment (15 points)

(i) Educational Qualifications of Core Team Members

 

(ii) Relevant experience

 

5

10

(c)

Methodology to be adopted for evaluation & No. of dedicated personnel to be engaged for the evaluation (25 points)

(i) Approach & Methodolgy

 

(ii) Work Plan

 

15

10

(d)

Financial status of the Applicant (20 points)

(i) Turnover (during the last three years)

 

(ii) Net profit in last three years- 50%

 

10

10

6.3 Only those applicants who score at least 60% marks both in total and in individual criteria shall qualify for further consideration and shall be ranked from the highest to the lowest on the basis of their technical score.

Note: DIPP will not reimburse any expenses incurred by the applicant towards preparation of the tender document, traveling cost, boarding and lodging incurred for attending any pre-bid/bid meeting or visiting DIPP‟s office for making the presentation. DIPP shall, in no case, be responsible or liable for any such costs whatsoever, regardless of the outcome of the tender process.

7. EVALUATION OF BIDS

7.1 Final selection of the consultant will be based on combined weightage for technical (70%) and financial (30%) bids. Each Technical and Financial Proposal will be assigned a technical score (ST) and financial score (SF) respectively. The DIPP will determine whether the Financial Proposals are complete, unqualified and unconditional.

The cost indicated in the Financial Proposal shall be deemed as final and reflecting the total cost of services. Omissions, if any, in costing any item shall not entitle the firm to be compensated and the liability to fulfill its obligations as per the TOR within the total quoted price shall be that of the Consultant.

(a) The lowest financial proposal (FM) will be given a financial score (SF) of 100 points.

The financial scores of other proposals will be computed as follows:

SF = 100 x FM/F

(F = amount of Financial Proposal)

(b) Combined Technical and Final Evaluation

Proposals will finally be ranked according to their combined technical (ST) and financial (SF) scores as follows:

S = ST x Tw + SF x Fw

(Where S is the combined score, and Tw and Fw are weights assigned to Technical Proposal and Financial Proposal that shall be 0.70 and 0.30 respectively.)

7.2 The Selected Applicant shall be the first ranked Applicant (having the highest combined score) who will enter into an agreement with the Government in the form of MOU before the commencement of evaluation study. Copy of MOU to be signed is at Form-V. Power to terminate the contract at any time will rest with the Government in case the work is not found worthwhile. The second and third ranked Applicants shall be kept in reserve for consideration in case the first ranked applicant withdraws, or fails to comply with the requirements, as the case may be.

8. VALIDITY OF PROPOSAL

Proposals shall remain valid for a period of not less than six months after the deadline date for submission of proposal. A proposal valid for a shorter period shall be rejected by the Department as non-responsive. The Department may request the Consultant to extend the period of validity for a specified additional period in exceptional circumstances. During this time/period, the Consultant will maintain without change, the personnel proposed for the assignment and the proposed price.

9. EARNEST MONEY DEPOSIT (EMD)/ Performance Security

9.1 Earnest Money Deposit (EMD): An application shall accompany a demand draft of Rs. 50000/- towards EMD of any scheduled bank in favour of the DDO, Department of Industrial Policy and Promotion payable at New Delhi. The EMD of the applicants not selected for the consultancy contract shall be returned/refunded in due course. The EMD will be forfeited if the firm/ bidder withdraws its bid during the validity period.

9.2 Performance Bank Guarantee: On being awarded the contract, the applicant shall furnish a performance bank guarantee to the tune of 10% of the value of the contract within 15 days from the date of award of contract expenses agreed to be paid to handle the assignment. The performance bank guarantee shall be made on a scheduled bank. The EMD of the selected applicant will be refunded only after necessary security for the due fulfillment of the contract has been received and necessary agreement for fulfillment of the contract executed. Performance bank guarantee will be discharged on submission of the final report complete in all respects.

10. TIME-FRAME FOR STUDY

The draft of the report will be submitted to the Secretary, DIPP within eight (8) weeks from the date of awarding the work. The final report, in thirty copies (hard as well as soft in the form of CD), will be submitted within ten (10) weeks from the date of awarding the work. No extension of time for submission of report would be granted unless in exceptional circumstances as deemed fit by DIPP. A penalty of 1% will be imposed on each week‟s delay in work.

11. PAYMENT TO THE CONSULTANT

The Consultant shall be paid for its services as per the Payment Schedule below:

(i) No advance payment shall be made.

(ii) 40% of the contract value on submission of draft Report & its acceptance by DIPP.

(iii) 60% of the contract value on submission of final report and its acceptance by DIPP.

The DIPP shall cause the payment due to the Consultant to be made within 60 (sixty) days after the receipt by the DIPP of duly completed bills with necessary particulars.

All payments under this Agreement shall be made to the account of the Consultant as may be notified to the DIPP by the Consultant. Disputes if any is to be referred to Secretary, DIPP.

12. CONFLICT OF INTEREST

The consultant shall not receive any remuneration in connection with the assignment except as provided in the contract. The consultant and its affiliates shall not engage in consulting activities that conflict with the interest of the client under the contract and shall be excluded from down steam supply of goods or construction of works or purchase of any asset or provision of any other service related to the assignment other than a continuation of the “Services” under the ongoing contract. It should be the requirement of the consultancy contract that the consultants should provide professional, objective and impartial advice and at all time hold the client‟s interests paramount, without any consideration for future work, and that in providing advice they avoid conflicts with other assignments and their own corporate interests. Consultants shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients, or that may place them in a position of being unable to carry out the assignment in the best interest of the Employer. Without limitation on the generality of the foregoing, consultants shall not be hired, under the circumstances set forth below

a) Conflict between consulting activities and procurement of goods, works or services: A firm has been engaged to provide goods, works, or services for a project, and each of its affiliates, shall be disqualified from providing consulting services related to those goods, works or services. Conversely, a firm hired to provide consulting services for the preparation or implementation of a project, and each of its affiliates, shall be disqualified from subsequently providing goods, works or services for such preparation or implementation.

b) Conflict among consulting assignments: Neither consultants (including their personnel and sub-consultants) nor any of their affiliates shall be hired for any assignment that, by its nature, may be in conflict with another assignment of the consultants. As an example, consultants hired to prepare engineering design for an infrastructure project shall not be engaged to prepare an independent environmental assessment for the same project, and consultants assisting a client in the privatization on public assets shall neither purchase nor advise purchasers of such assets. Similarly, consultants hired to prepare Terms of Reference (TOR) for an assignment shall not be hired for the assignment in question.

c) Relationship with Government Ministry/Department’s staff: Consultants (including their personnel and sub-consultants) that have a business or family relationship with such member(s ) of the Ministry or Department‟s staff or with the staff of the project implementing agency, who are directly or indirectly involved in any part of ; (i) the preparation of the TOR of the contract, (ii) the selection process for such contract, or (iii) supervision of such contract; may not be awarded a contract unless it is established to the complete satisfaction of the employing authority, for the reason to be recorded in writing, that such relationship would not affect the aspects of fairness and transparency in the selection process and monitoring of consultant‟s work.

*********************

 

 REQUEST FOR PROPOSAL

FOR

Evaluation Study of Industrial Package of Incentives under North East Industrial Investment Promotion Policy (NEIIPP), 2007 for the States of NER (including Sikkim)

SECTION –II

PROFORMA APPLICATION FORMS

 FORM – I

TENDER BID – COVERING LETTER PROFORMA

(On the Applicant’s Letter Head)

To,

Deptt of Industrial Policy & Promotion,

Udyog Bhavan,

New Delhi.

Sub: Proposal for Evaluation Study of North East Industrial and Investment Promotion Policy (NEIIPP),2007.

Sir,

The undersigned having read and examined in detail all the terms and conditions of documents pertaining to the proposals invited by DIPP for Evaluation Study mentioned above, do hereby express the interest to do the work as specified in the scope of work.

2. Correspondence details:

1

Name of the applicant/ applicant Company

 

2

Address

 

3

Name, designation & address of the person to whom all references shall be made in case of applicant is a company

 

4

Telephone (with STD code)

 

5

Mobile No. of the contact person

 

6

E-mail of the contact person

 

7

Fax No. (with STD code)

 

3. Documents forming part of the bid process.

We have enclosed the followings:

  • Draft/Pay order for the EMD amount.
  • Technical bid as per Form-II
  • Financial bid as per Form –III.
  • Integrity Certificate as per Form- IV.

4. I/ We hereby declare that my/ our bid is made in good faith and the information contained is true and correct to the best of my/ our knowledge and belief.

Thanking you,

Yours faithfully,

(Signature of the Applicant)

Name:

Designation:

Seal:

Date:

Place:

 Witness

Signature ___________________

Name ______________________

Address ____________________

Date _______________________

 

Form-II

FORMAT FOR SUBMISSION OF TECHNICAL BID

To,

Deptt of Industrial Policy & Promotion,

Udyog Bhavan,

New Delhi.

Sub: Technical Bid in support of our bid for Evaluation Study of North East Industrial and Investment Promotion Policy (NEIIPP),2007.

Sir,

The undersigned having read and examined in detail all the terms and conditions of documents pertaining to the proposals for Evaluation Study on the above subject, do hereby submit the technical details as under –

I. Profile of the Agency

1. Name of the Agency

2. Name and Designation of Head of the Firm responsible for the project

3. Establishment Details

a. Year Established

b. Type of Organisation (Tick One) Company/Registered Firm/NGO/Any Other

c. Regd. No, Name and Place of Registering Authority (Attach attested photocopy of registration certificate)

d. No. of full time employees

e. No. of part time employees.

 

II. Details of Key Professionals of the Agency proposed to be engaged for the Evaluation Study

S. No.

Name

Area of key

expertise

Highest

academic

professional

qualifications

Length of

experience (years)

in the area of key

expertise

Position

in the

Firm

No. of man

months

proposed to be

deployed for

this Study

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

III. Details of the office infrastructure setup of the Agency

S. No.

Details of Infrastructure

Quantity (Nos)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IV. Details of the experience in successfully conducting similar studies in past 5 years.

S. No

Type of

Activity

Title of the

Project/Job

Name &

Address of the

Client

Duration of Project

(in months) & Year

of Start &

Completion

Details of Study

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

V. Details of the experience of conducting similar studies for Central Government Ministries in past 5 years.

S. No

Type of

Activity

Title of the

Project/Job

Name &

Address of the

Client

Duration of Project

(in months) & Year

of Start &

Completion

Details of Study

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VI. Detailed Proposed Methodology for the Study including the sampling plan and time frame proposed by the Agency.

VII Financial status of the applicant

Fill in the blanks for each of the last three fiscal years, duly certified by Chartered Accountant-

2009-10 2010-11 2011-12

1. Share Capital

2. Total assets

3. Total liabilities

4. Total profit/loss after tax

5. Banker details :

CERTIFICATE

It is certified that:

1. The information given above is TRUE to the best of my knowledge. The organization shall stand liable for any information given above which is later found to be FALSE, including the forfeiture of any payment due to it.

2. The professionals, staff, equipment and all requisite infrastructural facilities mentioned in this bid shall be made available for this study in due time.

3. I am competent to sign this Certificate.

(Place & Date)                                                                                                                 

(Name & Signature)

Official Seal of the agency

 

Form III

FORMAT FOR SUBMISSION OF FINANCIAL BID

To,

Deptt of Industrial Policy & Promotion,

Udyog Bhavan,

New Delhi.

Sub: Financial Bid for Evaluation Study of North East Industrial and Investment Promotion Policy (NEIIPP),2007.

Sir,

The undersigned having read and examined in detail all the terms and conditions of documents pertaining to the proposals for Evaluation Study referred to above , do hereby quote the following rates, inclusive of all taxes, .

TOTAL ( INCLUSIVE OF ALL TAXES) ………………………………..

(Place & Date)

(Name & Signature)

Official Seal of the agency

 

Form-IV

INTEGRITY CERTIFICATE

To,

Deptt of Industrial Policy & Promotion,

Udyog Bhavan,

New Delhi.

Ref: Submission of proposals/ bids for Evaluation Study of North East Industrial and Investment Promotion Policy (NEIIPP),2007.

Sir,

In response to your call for submission of bids, I/we hereby declare that I/we (name of the consultant firm)…………………….………………are not bankrupt or being wound up, or are having our affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matter, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

Have not been convicted of an offence concerning our professional conduct by judgment which has the force of res judicata;

have never been guilty of grave professional misconduct proven by any means which the contracting authority can justify;

have not been the subject of the judgment which have the force res judicata for fraud, corruption, involvement in a criminal organization or any other illegal activity detrimental to the communities‟ financial interests;

Will inform DIPP immediately if there in any change in the above circumstances at any stage during the tender procedure or during the implementation of the project;

Fully recognize and accept that any inaccurate or incomplete information deliberately provided in this tender may result in my/our exclusion from this or other contracts funded by DIPP

(Place & Date)

(Name & Signature)

Official Seal of the agency

FORM-V

MEMORANDUM OF AGREEMENT

This Contract Agreement (hereinafter referred to as agreement) is made at Delhi on this date of ………

BETWEEN

Department of Industrial Policy and Promotion, Ministry of Commerce & Industry (DIPP), Government of India, New Delhi having its Office in Udyog Bhawan, New Delhi through its Director, Shri Premanshu Biswas, hereinafter, referred to as first party.

AND

M/s……….. (hereinafter referred as………), having its office at …………..through its authorized representative, Shri ………………….. (hereinafter, referred to as the Consultant) of the second party. Collectively referred to as the Parties.

Whereas Department of Industrial Policy and Promotion requires consultancy for the work known as “Evaluation Study in respect of Industrial Policy Package of Incentives for the States of North Eastern Region (including Sikkim), namely North East Industrial and Investment Promotion Policy (NEIIPP), 2007” Evaluation includes studying the entire array of issues related to the Scheme right from the idea behind its conception, procedure for implementation & monitoring, impact of the Scheme on industrialization, possible loopholes in the Scheme and how they are being used by unscrupulous elements, introduction of new rail heads etc. Department of Industrial Policy & Promotion (DIPP), Government of India introduced the Central Capital Investment Subsidy, Central Interest Subsidy and Central Comprehensive Insurance Subsidy for States of North Eastern Region (including Sikkim) on 01.04.2007. The Scheme aims to promote industrialization in the remote, hilly and inaccessible areas of the country by granting subsidy on the Central Capital Investment Subsidy, Central Interest Subsidy and Central Comprehensive Insurance Subsidy to the industrial units so that they could withstand competition from similar industries placed in geographically better areas.

Whereas the second party has agreed to render its services for Evaluation of Schemes under NEIIPP, 2007 viz., Central Capital Investment Subsidy, Central Interest Subsidy and Central Comprehensive Insurance Subsidy on the cost and payment mode described herein mentioned as Payment Terms.

NOW THIS AGREEMENT WITNESSETH AS UNDER

The second party has agreed to do Evaluation of Central Capital Investment Subsidy, Central Interest Subsidy and Central Comprehensive Insurance Subsidy for the States of North Eastern Region (including Sikkim)

1. Scope of Work

The evaluation study would cover the following and any other issues incidental thereto:-

(i) To identify reasons/factors responsible for slow pace of industrial development compared to other parts of the country and to assess whether the objectives of NEIIPP, 2007 have been achieved. If not, the measures for improvement of effectiveness of the package.

(ii) To estimate and evaluate the benefits and impact (in case of each of the beneficiary States) of NEIIPP, 2007 in terms of achievement of its objectives and degree of industrialization (measured through materialization of investment and number of new units/expansion of capacities, employment generation, rise in manufacturing value added, increase in SDP ETC.) before and after implementation of NEIIPP, 2007.

(iii) To gauge the impact of inclusion of some of the service sector activities within NEIIPP by way of assessment of activity wise investments and employment generation in the beneficiary States.

(iv) To analyse spatial distribution of benefits (subsidies/ concessions / exemptions) and generation of outcome, identify reasons for skewed pattern, if any, and suggest remedial measures.

(v) To suggest any improvement, if required, in the present scheme and also on the present method of scrutiny & disbursement of subsidies under NEIIPP, 2007.

(vi) To look into the compatibility of NEIIPP with National Manufacturing Policy (NMP) and to recommend measures for further streamlining NEIIPP, 2007

(vii) To analyse the impact on units under Micro, Small and Medium Enterprise sector.

(viii) To assess effectiveness of removal of thrust and non thrust distinction in NEIIPP 2007 in terms of expansion of earlier non thrust industries. The study should recommend on continuity of the uniformity or re-introduction of the distinction between the two.

(ix) Comparative analysis of the impact of NEIIPP, 2007 vis-à-vis packages implemented in Jammu & Kashmir, Himachal Pradesh and Uttarakhand.

2. Coverage of evaluation

The evaluation study shall cover the States of North Eastern Region (including Sikkim) and shall include study on impact of package of incentives under NEIIPP, 2007 through desk work and field work as envisaged in the RFP document and on the basis of both Primary data & Secondary data.

3. Payment Term to the Consultant

Total professional fees inclusive of all expenses and taxes is Rs……… (Rupees …….. …………) for the above mentioned work. The payment scheduled shall be as follows:

i) 30% (thirty Percent): of the contract value as advance on award of work.

ii) 50% (Fifty Percent): of the contract value on submission of draft Report.

iii) 20% (twenty Percent) of the contract value on submission of final report and its acceptance by DIPP.

The Department shall take all necessary action for releasing the due payment to the consultant (after deducting/adjusting the necessary TDS) without any delay after cause the payment due to the consultant to be made within 60(sixty) days after the receipt of the duly completed bills by the Department with necessary particulars.

4. Methodology

Evaluation work will be undertaken in two phases:

(i) In the first phase exhaustive desk research will be undertaken i.e. study of relevant background material on the rational of initiating the Scheme, rules and notification under the scheme, procedure for submission and approval of claims under the Scheme, release of funds under the Scheme and other such material under other Schemes, if any, being administered for the same purpose.

(ii) In the second phase, field study covering entire for the States of North Eastern Region (including Sikkim) will be carried out. The field study will involve in-depth interviews, interactions and discussions with State Government officials, nodal agency for disbursal of funds and the stakeholders.

(iii) Data analysis and interpretation will be done after data review and site assessment.

(iv) The Department of Industrial Policy & Promotion will provide access to all the related files and documents. DIPP will also ensure that all the related documents are provided by the other stakeholders.

5. Team of Professionals

The following team of professionals will undertake the evaluation work:

1. Consultant

2. Consultant

3. Consultant

4. Consultant

5. Consultant

6. Consultant

6. Timelines

The draft of the report will be submitted to the Secretary, DIPP within eight (8) weeks from the date of awarding of the work. The final report, in thirty copies (hard as well as soft in the form of CD), will be submitted within twelve (12) weeks from the date of awarding of the work. No extension of time for submission of the report would be granted unless in exceptional circumstances as deemed fit by DIPP. A penalty of 1% will be imposed on each week‟s delay in work.

7. Deliverables

The Consultant shall submit the Draft evaluation and Final Evaluation Reports alongwith Executive Summary and Final Recommendations on the ongoing Scheme as well as an appropriately modified Scheme with safeguards and foolproof implementation mechanism.

8. Force Majeure

The expression „Force Majeure‟ shall mean any circumstances beyond the control of any party which prevents or impedes the due performance of the agreement.

The following shall be considered Force Majeure events:

  • War, whether declared or not, hostilities
  • Riots or civil commotions
  • Natural physical disaster such as flood, fire, earthquake etc.
  • Strikes, lockout, or industrial actions
  • Lockout/Temporary disruptions of the existing office space as a result of Government notifications or any order/directive.

9. Confidentiality

The Consultants shall not during the term of this agreement or in future disclose any information relating to the services, this agreement or the DIPP activities or operations to any one without prior written consent of the DIPP.

10. Ownership of Material

Any studies, reports or other material, graphics, software or otherwise prepared by the Consultants for the DIPP under the Agreement shall belong to and remain the property of DIPP. The Consultant may retain a copy of such documents and software but shall not use them for purpose unrelated to this contract without prior written approval of the DIPP and shall maintain due confidentiality as outlined in the clause 9.

11. Taxes

may be levied on the fees/payments, received from the DIPP under the terms of this contract and shall keep the DIPP harmless against any claim/liabilities and outgoing in this behalf.

12. Arbitration

In the unlikely event of any dispute between the DIPP and the Consultant relating to this engagement, all matters will be referred to the sole Arbitrator, Secretary, Department of Industrial Policy & Promotion, Ministry of Commerce and Industry, Udyog Bhavan, New Delhi.

The parties hereto have executed this agreement on the day and place mentioned above.

(               )

For DIPP…………………………..                                      For ………….

Witness No. 1                                                                  Witness No. 2

Name :                                                                                Name :

Signature :                                                                          Signature :

Address :                                                                             Address :

Topics

Acts Income Tax