Request For Proposal: Department of Information Administration of UT of Ladakh

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 50

ANNEXURE “I”

Request for Proposal


For
Selection of an Agency for providing
Technical Solutions for Social Media Management

Issued by:
Department of Information
Administration of UT of Ladakh

Phone: 9419178644, 9622989344


Email: ddinformationladakh@gmail.com

July - 2021

1 RFP for providing technical solution for social media


management
TABLE OF CONTENTS

1. Background Information
2. Letter of Invitation
3. Instruction to Bidders
3.1. General
3.2. Compliant Proposals / Completeness of Response
3.3. Code of integrity
3.4.RFP Documents
3.5. Pre-bid Conference
3.6. Responses to Pre-Bid Queries and Issue of Corrigendum
3.7. Earnest Money Deposit (EMD)/ Bid Security
3.8. Performance Security
3.9. Submission of Proposals
3.10. Bidder’s authorized signatory
3.11. Proposal preparation costs
3.12. Language
3.13. Venue & Deadline for Submission of Proposals
3.14. Bid Prices
3.15. Proposal opening
3.16. Proposal validity
4. Terms of Reference (ToR)
4.1. Scope of Work
4.2. Approval process for deliverables
4.3. Team composition
4.4. Service, Support, technology
4.5. Mid-term review
5. Bid Evaluation
5.1. Pre-Qualification Criteria
5.2. Technical Bid Evaluation
5.3. Commercial Bid Evaluation
6. Appointment of Agency
7. Payment terms
8. Period of Contract
9. General Terms and Conditions
Annexure 1 Pre-Bid Queries format
Annexure 2 Covering letter
Annexure 3 Checklist for Eligibility / qualification Criteria compliance
Annexure 4 Technical Compliance – Curriculum Vitae of Key personnel
Annexure 5 Project Details Template
Annexure 6 Firm / Company Information
Annexure 7 Contract Details of officials for correspondence during bid process:
Annexure 8 Financial Bid Format
Annexure 9 Self-Declaration
Annexure 10 Master Service Agreement
Annexure 11 GCC&SC

2 RFP for providing technical solution for social media


management
1. Background Information
Advances in information technology has resulted in increase of number of media and
monitoring them and understanding them has become challenging. Department of
Information invites Request for Proposal (RFP) for selection of consultancy/agency to
work as an Agency through an open competitive selection process in accordance with
the procedure set out herein for providing Technical Solutions for Social Media
Management that helps Department to measure the impact of media and collect
direct feedback from the public at a regular interval and present to the Administration.

The Complexities and multiplicities of Media have increased over a period of years,
keeping pace with what appears in the media viz: print, TV, digital, social and others
has become a difficult task. Department of Information has felt a need to evolve a
system which helps in detailed understanding of UT Administration’s perception and
performance as seen by the media, including social media. This system should be
capable of collating, processing, interpreting, analyzing and presenting Administration
related news/issues in a form which can be used as a feedback mechanism that could
be used to improve governance.

This will also help other Departments and the Administration of Ladakh to take
corrective actions, address the grievances, and improve the service delivery of the
Government schemes in the future.

This agency will not only help Department of Information to obtain a comprehensive
and detailed view of the news in the media universe, but will also allow study of the
trends, which will help the Department devise better communication strategy for the
state. This Agency will assist in collecting, analyzing, and presenting regular feedback
from the field as directed by Department of Information on various Administration
initiatives and schemes to help the Department communicate effectively directly to
the public using social and digital media platforms about various initiatives of the
Administration.

The agency will provide dedicated product driven solutions, and qualified manpower
to implement the research projects. The reports will be designed as directed by the
Department and provide necessary support/tools to help Administration to make
informed decisions. The detailed scope of work is mentioned in this document.

4 RFP for providing technical solution for social media


management
3. Instruction to Bidders

3.1. General
a) While every effort has been made to provide comprehensive and accurate
background information and requirements and specifications, Bidders must
form their own conclusions about the solution needed to meet the
requirements. Bidders and recipients of this RFP may wish to consult their own
legal advisers in relation to this RFP.
b) All information supplied by Bidders may be treated as contractually binding on
the Bidders, on successful award of the assignment on the basis of this RFP.
c) No commitment of any kind, contractual or otherwise shall exist unless and
until a formal written contract has been executed by or on behalf of the
Department of Information. Any notification of preferred Bidder status bythe
Department shall not give rise to any enforceable rights by the Bidder. The
Department may cancel this public procurement at any time prior to a formal
written contract being executed by or on behalf of the Department.
d) This RFP supersedes and replaces any previous public documentation &
communications, and Bidders should place no reliance on such
communications.

3.2. Compliant Proposals / Completeness of Response


a) Bidders are advised to study all instructions, forms, terms, requirements and
other information in the RFP documents carefully. Submission of the bid shall
be deemed to have been done after careful study and examination of the RFP
document with full understanding of its implications.
b) Failure to comply with the requirements of this paragraph may render the
Proposal non-compliantand the Proposal may be rejected. Bidders must:
i. Include all documentation specified in this RFP;
ii. Follow the format of this RFP and respond to each element in the
order as set out in this RFP.
iii. Comply with all requirements as set out within this RFP.

3.3. Code of integrity


No official or procuring entity or a bidder shall act in contravention of the codes which
includes:
a) Prohibition of
i. Making offer, solicitation or acceptance of bribe, reward or gift or any
material benefit, either directly or indirectly, in exchange for an unfair
advantage in the procurement process or to otherwise influence the
procurement process.

6 RFP for providing technical solution for social media


management
ii. Any omission, or misrepresentation that may mislead or attempt to mislead
so that financial or other benefit may be obtained or an obligation avoided.
iii. Any collusion, bid rigging or anticompetitive behavior that may impair the
transparency, fairness and the progress of the procurement process.
iv. Improper use of information provided by the procuring entity to the bidder
with intent to gain unfair advantage in the procurement process or for
personal gain.
v. Any financial or business transactions between the bidder and any official of
the procuring entity related to tender or execution process of contract;
which can affect the decision of the procuring entity directly or indirectly.
vi. Any coercion or any threat to impair or harm, directly or indirectly, any party or
its property to influence the procurement process.
vii. Obstruction of any investigation or auditing of a procurement process.
viii. Making false declaration or providing false information for
participation in a tender process or to secure a contract;
b) Disclosure of conflict of interest.
c) Disclosure by the bidder of any previous transgressions made in respect of the
provisions of sub- clause (a) with any entity in any country during the last three
years or of being debarred by any other procuring entity.
In case of any reported violations, the procuring entity, after giving a reasonable
opportunity of being heard, comes to the conclusion that a bidder or prospective
bidder, as the case may be, has contravened the code of integrity, may take
appropriate measures.

3.4. RFP Documents


The Tender document is available and downloadable on following websites:
https://tenders.ladakh.gov.in
Non-transferable & non-refundable tender fees of the amount as mentioned in the
Fact Sheet must be paid offline Through DD/Cheque.

3.5. Pre-bid Conference


a) A pre-Proposals conference is scheduled as per the details mentioned in the Fact
Sheet of the RFP to clarify doubts of potential proposers in respect of the RFP.
b) The Bidders will have to ensure that their queries for pre-bid meeting should reach
the point of contact (Nodal Officer) as per Annexure-1 in Excel format & in writing
by email on or before the date and time mentioned in the fact sheet. Only
queries/clarifications submitted in written will be considered.
c) Department of Information shall not be responsible for ensuring that the Bidders’
queries have been received by them. Any requests for clarifications post the
indicated date and time may not be entertained by the Department of Information.

3.6. Responses to Pre-Bid Queries and Issue of Corrigendum


7 RFP for providing technical solution for social media
management
a) The Department of Information will endeavor to provide timely response to all
queries. However, Department of Information makes no representation or
warranty as to the completeness or accuracy of any response made in good faith,
nor does Department of Information undertake to answer all the queries that
have been posed by these Bidders.
b) At any time prior to the last date for receipt of bids, Department of Information
may, for any reason, whether at its own initiative or in response to a clarification
requested by a prospective Bidder, modify the RFP Document by a corrigendum.
c. The corrigendum (if any) & clarifications to the queries from all Bidders will be
posted on the (https://tenders.ladakh.gov.in ). All future correspondence/corrigendum
shall be published on same website.
d) Any such corrigendum shall be deemed to be incorporated into this RFP.
e) In order to provide prospective Bidders reasonable time for taking the
corrigendum into account, theDepartment of Information may, at its discretion,
extend the last date for the receipt of Proposals.

3.7. Earnest Money Deposit (EMD)/ Bid Security


a) The bidder shall submit Earnest Money Deposit (EMD) of the amount as
mentioned in the Fact Sheet,which shall be deposited offline Through DD/Cheque
in favor of Accounts Officer, Joint Director Office, DIPR UT-Ladakh.
b) Unsuccessful bidder’s EMD will be released as promptly as possible, but not later
than 120 days afterthe award of the contract to the successful bidder.
c) The successful bidder’s EMD will be released upon submission of Performance Bank
Guarantee.
d) The EMD amount is interest free and will be refundable to the unsuccessful
Bidders without any accrued interest on it.
e) Proposals not accompanied with the EMD or containing EMD with infirmity (ies)
(relating to the amount or validity period etc.), mentioned above, shall be
summarily rejected.
f) The EMD may be forfeited in the event of:
· A Bidder withdrawing its bid during the period of bid validity.
· A successful Bidder fails to sign the subsequent contract in accordance with this
RFP.
· The Bidder being found to have indulged in any suppression of facts, furnishing
of fraudulent statement, misconduct, or other dishonest or other ethically
improper activity, in relation to this RFP.
· A Proposal contains deviations (except when provided in conformity with the
RFP) conditional offers and partial offers.

3.8. Performance Security


a) On receipt of a letter of Intent (LOI) from the Department of Information, the
successful Bidder will furnish an unconditional and irrevocable Performance Bank
8 RFP for providing technical solution for social media
management
Guarantee or DD from scheduled bank, for the due performance and fulfilment of
the contract by the selected proposer, equivalent to 5 per cent of the annual
contract value, within 15 days from notification of award.
b) In case the successful Bidder fails to submit Performance Guarantee within the time
stipulated, the DEPARTMENT may at its sole discretion cancel the letter of intent
without giving any notice and encash the EMD furnished by the Bidder, in addition
to any other right available to it under this RFP.
c) The successful Bidder shall ensure, the Performance Guarantee is valid at all times
during the Term of the subsequent contract (including any renewal) and for a
period of 60 days beyond all contractual obligations, including warranty terms.
d) The Department of Information may invoke the Performance Guarantee in the
event of a material breach by the successful Bidder leading to termination for
material breach.

3.9. Submission of Proposals


Bidders should submit their responses as per the procedure specified in the e-
Procurement portal (https://tenders.ladakh.gov.in /) being used for this purpose. The
items to be uploaded on the portal would include all the related documents
mentioned in this RFP, such as:
· EMD
· Technical Proposal
· Financial proposal
· Additional certifications/supporting documents

However, each of the above documents must be uploaded in the format specified for
this purpose and as per the specified folder structure in the e-Procurement portal.

The bidder is responsible for registration on the e-procurement portal


(https://tenders.ladakh.gov.in/ ) at their own cost. The bidders are advised to go through the
e-procurement guidelines and instructions, as provided on the e-procurement website,
and in case of any difficulty related to e-procurement process, may contact NIC, Leh.

The bidder must ensure that the bid is digitally signed by the Authorized Signatory of
the bidding firm and has been duly submitted within the submission timelines. The
user Department will in no case be responsible if the bid is not submitted online within
the specified timelines.

All the pages of the Proposal document must be sequentially numbered and must
contain the list of contents with page numbers. Any deficiency in the documentation
may result in the rejection of the Bidder’s Proposal.

3.10. Bidder’s authorised signatory

9 RFP for providing technical solution for social media


management
A Proposal should be accompanied by an appropriate board resolution or power of
attorney in the name of an authorised signatory of the Bidder stating that he is
authorised to execute documents and to undertake any activity associated with the
Bidder’s Proposal. A copy of the same should be uploaded under the relevant
section/folder on the e-Procurement portal. Furthermore, the bid must also be
submitted online after being digitally signed by an authorized representative of the
bidding entity.

3.11. 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 other diligence activities, participation in meetings/ discussions/
presentations, preparation of proposal, in providing any additional information
required by Department of Information to facilitate the evaluation process, and in
negotiating a definitive contractor all such activities related to the bid process.
Department of Information will in no event be responsible or liable for those costs,
regardless of the conduct or outcome of the bidding process.

3.12. Language
The Proposal should be filled by the Bidder in English language only. If any supporting
documents submitted are in any language other than English, translation of the same
in English language is to be duly attested by the Bidders. For purposes of Proposal
evaluation, the English translation shall govern.

3.13. Venue & Deadline for Submission of Proposals


The response to RFPs must be submitted on the e-Procurement portal
(https://tenders.ladakh.gov.in/ ) by the date and time specified for the RFP. Any proposal
submitted on the portal after the above deadline will not be accepted and hence shall be
automatically rejected. Department of Information shall not be responsible for any delay
in the submission of the documents. Hard copy of the proposals will not be accepted.

3.14. Bid Prices


a) The bidder shall express their bid prices using the Commercial Bid Format provided
in the bidding documents. All costs and charges related to the bid shall be
expressed in Indian Rupees.
b) The Prices quoted by the bidder shall remain fixed during the entire period of
contract and shall not be subject to variation on any account. A bid submitted with
an adjustable price quotation will be treated as non-responsive and rejected.
c) The prices quoted by the bidder shall be in sufficient detail to enable the
Department of Information to arrive at the price of the services offered.
d) Discount, if any, should be merged with the quoted prices. Discount of any type,
indicated separately, will not be taken into account for evaluation purposes. The
10 RFP for providing technical solution for social media
management
Bidders should also take into account all levies, freight, insurance etc. The price
quoted should be inclusive of all levies, freight, insurance etc. Freight, levies, etc.
of any type, indicated separately, will not be taken into account for evaluation
purposes.
e) All the costs associated with the assignment shall be included in the Financial
Proposal. These shall cover remuneration for all the Personnel, equipment,
surveys, overhead charges viz. travelling, boarding and lodging and out of pocket
expenses in India. However, all project related travels and related expenses
outside of Leh, with the state, elsewhere in the country or international will be
paid to the bidder on actuals after taking prior approval from Department of
Information. The travels between Leh and the bidders’ home office shall not be
paid on actually, and should be included in the total Financial Proposal. The total
amount indicated in the Financial Proposal shall be without any condition and shall
be final and binding. In case any assumption or condition is indicated in the
Financial Proposal, it shall be considered non-responsive and liable to be rejected.
f) The Financial Proposal shall take into account all expenses and tax liabilities
excluding GST. For the avoidance of doubt, it is clarified that all taxes shall be
deemed to be included in the costs shownunder different items of the Financial
Proposal. Further, all payments shall be subject to deduction of taxes at source as
per applicable laws.
g) Costs shall be expressed in INR.

3.15. Proposal opening


The Proposals submitted up to the deadlines will be opened at the scheduled time &
date as specified in the RFP, by the Nodal Officer or any other officer authorized by
the Department of Information, in the presence of the Bidder’s representatives who
may be present at the time of opening.
The representatives of the Bidders are advised to carry an identity card or a letter of
authority from the Bidding entity to identify their bona-fides for attending the opening of
the Proposal.

3.16. Proposal validity


The offer submitted by the Bidders should be valid for minimum period of 180 days
from the date of submission of the Proposal.

4. Terms of Reference
4.1. Scope of Work
The Agency will provide dedicated product driven solutions, and qualified manpower to
help Department of Information to obtain comprehensive and detailed view of the news
in the media universe, study the trends, which will help the Department devise better

11 RFP for providing technical solution for social media


management
communication strategy for the Administration. This Agency will assist in collecting,
analyzing, and presenting regular feedback from the field and provide necessary
support/tools to help Administration to make informed decisions to enable the
Department communicate effectively directly to the public using social and digital media
platforms about various initiatives of the Administration. Accordingly, the Scope of Work
for the agency is not limited but would include the following:

I. Social Media Scanning & Listening: The successful bidder shall take care of the
social media listening across different platforms like Facebook, Twitter,
Instagram, YouTube, LinkedIn, Snapchat, Pinterest, Reddit, Web, etc. The bidder
will use the most effective tool for real-time listening and monitoring of social
media in Ladakh in particular and in India, in general. This will include:
a. Listening to conversations occurring about Government Programmes, Policies
and Projects in Ladakh and related topic; Generate text analytics based on
predefined criteria. Crawling capabilities for leading social media sites; A set
of 50 keywords will be provided to the agency. This may be revised quarterly.
b. Trend Monitoring: Spot emerging trends/discussions themes/topics; Tracking
of trends relevant to the Government related activities
c. Tracking: Track the reach and spread of press releases and announcements of
Administration of UT Ladakh
d. Detection: Analyse various activities happening on social media; Segregation
of activities into problematic; Generate instant alerts for topics of concern

II. Analytical reports


a. The agency shall monitor, collect, collate, process, analyze data and provide
the alerts regarding important news items related to Administration and
governance on a near to real time basis, to help Department of Information
/Administration to decide on a suitable course of action as they may feel so.
b. A daily consolidated media monitoring report, which includes detailed
insights about Administration’s perception on a daily basis along with
recommendations for corrective measures.
c. Monitor Social Media Sentiments; Prepare weekly and monthly reports on
Sentiment and Audience Analysis
d. Provide insights: Evaluate communication campaigns/Social
Campaigns/Events monitoring
e. Identify actionable data with date categorization and influencer
identification
f. Early Warning system where the system should monitor social media,
detect activities happening based on keywords added in the system and
highlight problematic areas (negative sentiments). The agency would be
responsible for trend tracking analysis and early warning system

12 RFP for providing technical solution for social media


management
III. Social Media Strategy: The successful bidder would have to operate in tandem
with DIPR, Administration of Ladakh and shall take the responsibility of
formulating Social Media Communication Strategy which shall include scanning,
listening, Insight and Evaluation.
a. The agency will prepare a comprehensive online media strategy within 30
days of date of signing of contract
b. The selected agency shall obtain approval from DIPR for the Strategy, plans,
campaign and materials produced
c. The agency should appoint a Senior Manger to attend the monthly Steering
Committee meetings conducted by DIPR and update DIPR about the status of
the project and campaign respectively. The meetings would be online with or
without Video

IV. Service & Support


a. Technology: This comprises the Technology platforms, tools and solution as defined
in the tender document, not limited to keywords.
b. Training: On-site training to staff members of DIPR handling the Social Media
Accounts shall be imparted on the technology. There shall be one onsite training in a
year, followed by a refreshers on-line training as per need.
c. Monitoring: The agency shall assign a dedicated team of two (02) members to work
(online-offsite) with DIPR team on a daily basis (including weekends and holidays).
d. Service: This shall include maintaining the technology, upgrading, troubleshooting
etc as and when required.

A project plan shall be submitted by the successful agency mentioning the strategy
and approach to achieve the scope of work within 15 days after signing of agreement.

Note: The scope of work mentioned above is based on current requirement which may
changes as perthe need of the Department which the agency shall comply with.

4.2. Approval Process for Deliverables


The teams need to follow the approval process for any deliverable (advertisement/
content/ reports/ media plan/ surveys etc.) submitted to DEPARTMENT from time to
time. The payment to the agency would be held if any deliverable has been published
without the approval of competent authority from Department of Information.

4.3. Team Composition


The Agency should have a strong technical background and technical Team to provide
back-end support for the project and for regular trouble shooting. The Technical Team
13 RFP for providing technical solution for social media
management
shall provide the Training to the Team of Information Department at the onset of the
project at Leh. Subsequent refreshers training shall be provided online on need basis.

A Project Head, who shall guide the team, shall attend the training and the monthly
review meetings with the Department of Information. S/He will work offsite and attend
meetings through VC/Online on a monthly basis and also as and when needed.

Besides, the agency shall assign a dedicated team of two (02) members to work with
DIPR for the complete duration of the contract. They shall work online during working
hours.

S. Role Qualifications Exp Job-Description No


No
1 Project Master degree in At least 7+ Project management abilities in 01
Head mass years of order to lead the project and
communication/ relevant and guide the team. Experience in
varying
journalism & leading research teams in
experience
similar field of media houses or national &
Strategic international research
Communication organizations of repute.
/Business Demonstrated social media
Administration expertise

2 Social Media Master degree in At least 5+ Experience in social media 01


Expert mass years' relevant marketing or as a Digital Media
communication or experience Specialist, Government sector
journalism/
experience would be preferred.
Business
Administration Should have handled at least 3
Social Media Management
projects.

14 RFP for providing technical solution for social media


management
3. Instruction to Bidders

3.1. General
a) While every effort has been made to provide comprehensive and accurate
background information and requirements and specifications, Bidders must
form their own conclusions about the solution needed to meet the
requirements. Bidders and recipients of this RFP may wish to consult their own
legal advisers in relation to this RFP.
b) All information supplied by Bidders may be treated as contractually binding on
the Bidders, on successful award of the assignment on the basis of this RFP.
c) No commitment of any kind, contractual or otherwise shall exist unless and
until a formal written contract has been executed by or on behalf of the
Department of Information. Any notification of preferred Bidder status bythe
Department shall not give rise to any enforceable rights by the Bidder. The
Department may cancel this public procurement at any time prior to a formal
written contract being executed by or on behalf of the Department.
d) This RFP supersedes and replaces any previous public documentation &
communications, and Bidders should place no reliance on such
communications.

3.2. Compliant Proposals / Completeness of Response


a) Bidders are advised to study all instructions, forms, terms, requirements and
other information in the RFP documents carefully. Submission of the bid shall
be deemed to have been done after careful study and examination of the RFP
document with full understanding of its implications.
b) Failure to comply with the requirements of this paragraph may render the
Proposal non-compliantand the Proposal may be rejected. Bidders must:
i. Include all documentation specified in this RFP;
ii. Follow the format of this RFP and respond to each element in the
order as set out in this RFP.
iii. Comply with all requirements as set out within this RFP.

3.3. Code of integrity


No official or procuring entity or a bidder shall act in contravention of the codes which
includes:
a) Prohibition of
i. Making offer, solicitation or acceptance of bribe, reward or gift or any
material benefit, either directly or indirectly, in exchange for an unfair
advantage in the procurement process or to otherwise influence the
procurement process.

6 RFP for providing technical solution for social media


management
9 Buzz Report As per the given timelines of assignment by
Department of Information.
10 Influencer Report As per the given timelines of assignment by
Department of Information.
11 Quality of the above A competent authority from Department of
deliverables/ reports Information will assess the quality of the
deliverables/ reports

Notes: Baseline (T) starts from the date of signing the contract between Bidder and
Department of Information.

4.6. Mid-term Review


The performance of the Agency shall be reviewed on a monthly basis and a review
meeting held with the project Head through VC/Online. If the performance on a key
person is not found satisfactory, the Agency shall be required to replace the same with
a key person of same or higher qualification.

5. Bid Evaluation
a) The Department of Information may constitute a committee of subject matter
experts to evaluate the responses of the Bidders (Bid Evaluation Committee).
b) Initial Proposal scrutiny will be conducted by committee to confirm that Proposals
do not suffer from the infirmities detailed below. Committee will treat the
proposals as non-responsive, if a Proposal is found to have been:
· submitted in manner not conforming with the manner specified in the RFP
document
· Submitted without appropriate EMD as prescribed herein
· received without the appropriate or valid power of attorney
· containing subjective/incomplete information
· submitted without the documents requested in the checklist
· non-compliant with any of the clauses stipulated in the RFP
· Having lesser than the prescribed validity period.
c) The Committee constituted by the Department of Information shall evaluate the
PQ cum Technical responses to the RFP and all supporting documents /
documentary evidence. Inability of a Bidder to submitrequisite supporting
documents / documentary evidence within a reasonable time provided to it,
may lead to the Bidder’s Proposal being declared non-responsive.
d) All eligible bids will be considered for further evaluation by a committee
according to the Evaluation process define in this RFP document.
e) The decision of the Committee in the evaluation of responses to the RFP shall be
final. No correspondence will be entertained outside the process of discussion
with the Committee.

16 RFP for providing technical solution for social media


management
f) Committee may ask for meetings with the Bidders to seek clarifications on their
proposals.
g) The Committee reserves the right to reject any or all Proposals on the basis of any
deviations contained in them.
h) Each of the responses shall be evaluated as per the criterions and requirements
specified in this RFP.
i) The committee reserves the right to reject proposal submitted by bidder in case it
is found that bidder is blacklisted by Central/ State / PSUs etc.

5.1. Pre-qualification (PQ) criteria


The bidder must possess the requisite experience, strength and capability necessary to
meet the requirements as described in the RFP documents.
The bidder must also possess the technical know-how sought by nodal agency, for the
entire period of thecontract. The bids must be complete in all respect and should cover
the entire scope of work as stipulated in the Tender document. The invitation to
proposal is open to all bidders who qualify the eligibility criteria as given below:

Sr. Basic Description Documents


No Requirements Required
1. Legal Entity The Agency must be registered entity in India Certificates of
as a proprietorship, private limited or a public incorporation /
limited company since last 5 years as on bid Registration
submission date. Certificates.
2. Turnover The bidder should have relevant minimum CA Certificate
annual average turnover of Rs. 3 Crores clearly
(Rupees Three Crores Only) in any of three indicating the
years during the past five financial years relevant
(2015-16 to 2019-20) in providing turnkey IT turnover.
solutions for State Govt./Central Govt /PSUs
/Corporate. In case the turnover certificate
for FY 20-21 is available, they may be used as
part of three-year average turnover
3 Team Strength The Bidder must have a minimum of 20 Self-attested
employees with a minimum of 8 experienced certificate on
professionals in the area of Social/Digital the agency’s
Media Communication, Media Monitoring, letterhead
Communication Impact Assessment, Public signed by an
Relation Strategy, Communication Strategy, authorized
Digital Marketing or such similar assignments representative
mentioned in the scope of work of this RFP. of the Bidder(s)

17 RFP for providing technical solution for social media


management
4. Technical The bidder must have prior experience in Related work
Capability/ providing turnkey IT solutions for State orders /
Experience Govt./Central Govt/PSUs/Corporate project contracts for
costing Rs 75 lakh or more. Agreement not ongoing or
directly with the Government but the work completed
done for central and state is also allowed. projects.

In case of
ongoing project,
it should be in
existence for
more than 12
months,
preceding the
submission
date.
5. Statutory The Applicant must have a valid GST Number Copy of valid
Registration and PAN Card in India. certificate
6. RegisteredOffice The agency should have necessary Documentary
infrastructure to service the requirements of proof
the project
7. Black listing / Should not have been blacklisted by any A signed
Terminations Central or State Government or Corporation undertaking to
or Board/PSU/ Semi-Govt organization as on this effect should
the date of submission of RFP. be submitted on
Any entity which has been barred by the bidder’s letter
Central Govt, any State Govt, a statutory head
authority or a public-sector undertaking, as
the case may be, from participating in any
project in last two years, and the bar subsists
as on the date of Proposal, would not be
eligible to submit a Proposal.
An Applicant during the last two financial
years, should neither have failed to perform
on any agreement, as evidenced by imposition
of a penalty by an arbitral or judicial authority
or a judicial pronouncement or arbitration
award against the Applicant or its Associate,
nor been expelled from any project or
agreement nor have had any agreement
terminated for breach by such Applicant or its
18 RFP for providing technical solution for social media
management
Associate

5.1.1. Consortium bids are allowed and Sub contracting is not allowed

5.2. Technical Bid Evaluation


Bidders who meet the pre-qualifications/eligibility requirements as on date of bid
submission would be considered as qualified to move to the next stage of Technical
evaluations. Based on technical evaluation framework mentioned, the Committee shall
evaluate each proposal and allot technical score as per the Technical criteria mentioned
below.

A Senior Team Lead will have to be appointed who will be the interface between the
Department and other resources. The agency must submit details of the key personnel
in a format suggested in this document and must fulfil the Conditions of Eligibility

S. No Criteria Max. Points

1 Professional Experience - Specific experience of the Consultant (as a 25


Firm) relevant to the assignment
2 Professional Staff - Key professional staff qualifications and 25
competence for the assignment
3 Approach and Methodology - Adequacy and quality of the 50
proposed methodology,and work plan corresponding to the Scope
of Work
Total 100

Technical Evaluation Criteria

Sr. No Description Max Supporting Document


Score
Experiences submitted by the
1 Professional Experience 25 bidder for any of the category
below cannotbe used in more than
one category

19 RFP for providing technical solution for social media


management
Bidder or Lead Bidder 25 Related work orders / contracts for
should have done at least ongoing or completed projects.
1 projects of similar In case of ongoing project, it should be
nature with Central or in existence for more than 12 months,
State Administration / preceding the submission date.
Administration In case the contracting authority is not
D a Govt agency but the work is being
epartment / delivered for a Govt agency, then in
Administration -Affiliated addition to the above documents, an
Organizations/ PSU- 15 undertaking by the bidder confirming
marks the arrangement must be submitted
2 – 4 Projects – 20 Marks
5 Projects or More – 25
Marks
2 Professional Staff 25
A Project Leader (Overall 7 Education Qualifications – 20%
Strategy) Professional Experiences on Relevant
B Account Lead 5 scope – 80%
C Senior Social Media Expert 5
D Back End Team Strength 8
Employees between 20-30
– 6 marks
Employees more than 30 –
8 marks
3 Approach & Methodology 50
The presentation should 50 Technical Presentation * (before RFP
broadly becovering technical committee)
following aspects:
· Appreciation for Scope
and local Context (5
Marks)
· Innovative Ideas &
Suggestions (10 Marks)
· Methodology (15)
· Tools & Assets Proposed
(15 Marks)
· Recommendations on
Measurable Outcomes
/KPIs (5 Marks)
Total 100

20 RFP for providing technical solution for social media


management
Bidders, whose bids are responsive, based on minimum qualification criteria /
documents as in Pre- Qualification Criteria and score at least 70 marks in the Technical
Evaluation Criteria, would be considered technically qualified. Price Bids of such
technically qualified Bidders alone shall further be opened.

*Schedule for technical presentation will be communicated to bidders who qualify Pre-
Qualification criteria. It is mandatory for bidders who qualify Pre-Qualification criteria
to appear for Technical Evaluation Round else the bid would not be considered for
further evaluation. Proposer need to submit the soft copy and hard copy of the
technical presentation at the time of technical presentation.

5.3. Commercial Bid Evaluation


a. The Financial Bids of technically qualified Bidders will be opened on the prescribed
date in the presence of Bidder representatives.
b. If a firm quotes NIL charges / consideration, the bid shall be treated as
unresponsive and will not be considered.
c. Only fixed price financial bids indicating total price for all the deliverables and
services specified in this bid document will be considered.
d. The bid price will include all taxes and levies as applicable on date except GST,
which shall be payableextra as per the prevailing rates
e. The bid prices shall be in Indian Rupees and mentioned separately.
f. Any conditional bid would be rejected
g. Errors & Rectification: Arithmetical errors will be rectified on the following basis:
“If there is a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity, the unit price shall prevail and
the total price shall be corrected. If there is a discrepancy between words and
figures, the amount in words will prevail”.
h. The Bids received will be evaluated using Lowest Cost Selection (LCS). The Bidder
with lowest qualifying financial bid (L1) will be will be adjudicated as the most
responsivebidder for award of the Project.
i. In the event the bid are ‘tied’, the Bidder securing the highest technical score will
be adjudicated as the Best Value Bidder for award of the Project.

6. Appointment of Agency

6.1. Award Criteria


The Department of Information will award the Contract to the successful Bidder.

6.2. Right to Accept Any Proposal and to Reject Any or All Proposal(s)

21 RFP for providing technical solution for social media


management
The Department of Information reserves the right to accept or reject any proposal, and
to annul the tendering process/ Public procurement process and reject all proposals at
any time prior to award of contract, without incurring any liabilityto the affected Bidder or
Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for
Department action. Department of Information also reserves the right to accept or
reject all proposals.

6.3. Notification of Award


Prior to the expiration of the validity period, Department of Information will notify
the successful Bidder in writing or by fax or email, that its proposal has been accepted
(Letter of Intent). The Bidder shall acknowledge in writing receipt of the notification
of award and will send his acceptance to enter into agreement within seven (7) days
of issuance of LOI. In case the tendering process / public procurement process has
not been completed within the stipulated period, the Department of Information,
may request the Bidders to extend the validity period of their Proposal. The decision
to extend the validity period of a Bidder’s Proposal shall be the Bidder’s sole
prerogative.

6.4. Contract finalization and award


The Department of Information shall invite the Bidder(s) whose Proposal has been
ranked best value bid. On this basis the draft contract agreement would be finalized
for award & signing.

6.5. Signing of contract


Subsequent to receipt of valid Performance Guarantee from the successful Bidder, the
parties shall enter into a contract within 15 days of issuance of LOI, incorporating all
clauses, pre-bid clarifications and the Proposal of the Bidder, between the Department
of Information and the successful Bidder.

6.6. Failure to Agree with the Terms and Conditions of the RFP
Failure of the successful Bidder to agree with the Draft Legal Agreement and Terms &
Conditions of the RFP shall constitute sufficient grounds for the annulment of the
award, in which event Department of Information may award the contract to the next
best value Bidder or call for new proposals from the interested Bidders. In such a case,
the Department of Information shall invoke the PBG of the most responsive Bidder.

22 RFP for providing technical solution for social media


management
7. Payment Terms
a. All payments to the Agency shall be made in INR in accordance with the provisions of
this RFP.
b. The payment will be based on rates finalized for the award of contract to the
successful Firm.
c. The rates quoted in financial bid are for 12 months, thus the payment to the
selected agency would be payable monthly by dividing the total amount in 12 equal
monthly installments.
d. Invoices will have to be raised to Department of Information on monthly basis with
the relevant document proofs on first weekof start of every month.
e. The GST would be paid at the prevalent rates on actual.
f. Payments shall be subject to deductions of any amount for which the agency is
liable as per the penalty clause of this tender document.
g. All payments shall be made subject to deduction of TDS (Tax deduction at Source)
as per the applicableActs & Laws.
h. No Interest shall be paid on delayed payments.
i. The above quoted fee includes all duties, levies, taxes except for GST, which shall
be payable extra as per the prevalent rates on actual.

8. Period of Contract
Contract will be signed with the successful bidder for a period of one year (12 months).
Contract period may be extended by further 12 months on mutual terms & conditions
based on performance of the agency and at the sole discretion of Department of
Information. The engagement may be extended by another 12 months basis the
performance and joint agreement between Department of Information and consultant.

The period of one year of agreement would start from the 15 th day of signing of
agreement (T+15). These 15 days would be considered as the deployment period to
execute the agreement.

23 RFP for providing technical solution for social media


management
9. General Terms and Conditions of Tender & Contract
As given in the GCC and SC (annexed)

Annexure
Annexure-1: Pre-Bid Queries format
{To be filled by the bidder in Excel only}

Name of the Company/Firm:

Name of Person(s) Representing the Company/ Firm:

Name of Person Designation Email-ID(s) Tel. Nos. & Fax Nos.

Company/Firm Contacts:
Contact Person(s) Address for Correspondence Email-ID(s) Tel. Nos. & Fax Nos.

Query / Clarification Sought:


Sr. No RFP Page RFP Clause No. Clause Details Query/ Suggestion/ Clarification
No.

Note: - Queries must be strictly submitted only in the prescribed format (.XLS/ .XLSX).
Queries not submitted in the prescribed format will not be considered/ responded at all
by Department of Information.

Pre-Proposals queries should be sent at the e-mail address mentioned in the RFP.

Authorized Signature {In full and initials with Seal}:


Name and Title of Signatory:
Name of Bidder (Firm/ Company’s name):

24 RFP for providing technical solution for social media


management
Address:
Contact information (phone and e-mail):
Date & Time: Place:

Annexure-2: Covering Letter

{To be submitted on the letter head of the bidder}


To,
The Deputy Director
Department of Information
Administration of Ladakh, Leh

Dear Sir/Madam,

We, the undersigned, offer for Selection of an agency for providing Technical Solutions
for Social Media Management in accordance with your RFP and our Proposal. “We are
hereby submitting our Proposal as per the requirements mentioned in the RFP.
We hereby declare that:

a) All the information and statements made in this Proposal are true and we
accept that any misinterpretation or misrepresentation contained in this
Proposal may lead to our disqualification by the Department of Information.
b) We meet the eligibility requirements as stated in this RFP, and we confirm our
understanding of our obligation to abide by the policy in regard to corrupt and
fraudulent practices.
c) Our Proposal is binding upon us and subject to any modifications/
amendments DEPARTMENT made beforethe date of submission.
d) Our Firm /Company do not face any sanction or any pending disciplinary action
from any authority against our Firm /Company.
e) We understand that the Department of Information is not bound to accept any
Proposal that the Department of Information receives.

Thanking you,

Authorized Signature {In full and initials with Seal}:


Name and Title of Signatory:
Name of Bidder (Firm/ Company’s name):

Address:
Contact information (phone and e-mail):
Date & Time: Place:

25 RFP for providing technical solution for social media


management
Annexure-3: Checklist for Eligibility / Qualification Criteria Compliance

Reference
S. No. Eligibility / Qualification Documents to be Compliance Document
Criteria Provided (Yes/No) Page
Number
1. <<PQ Criteria 1>> <<Documents as per PQ
Criteria 1>>
2. <<PQ Criteria 2>> <<Documents as per PQ
Criteria 2>>
3.
4.
5.

6.

Authorized Signature {In full and initials with Seal}:


Name and Title of Signatory:
Name of Bidder (Firm/ Company’s name):

Address:
Contact information (phone and e-mail):
Date & Time: Place:

26 RFP for providing technical solution for social media


management
Annexure-4: Technical Compliance - Curriculum Vitae of Key Personnel:

Format for providing CVs for the 2 Monitoring Team Members


1. Proposed Position:
2. Name of Staff:
3. Date of Birth:
4. Nationality:

A. Education:
Indicate college/university and other specialized education of staff member, giving
names of institutions, degrees obtained:
Degree University/Institution Year

B. Other Training:
C. Countries of Work Experience:
D. Languages: For each language indicate proficiency: good, fair, or poor in speaking,
reading, and writing

Language Speaking Reading Writing

E. 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 To
Employer Name

F. Work undertaken that best illustrates the experience as required for the Role

Name of assignment/job or project


Name of the client
Year
Location
Main Project Features
Position Held
Activities performed

27 RFP for providing technical solution for social media


management
The formats provided shall be signed by the proposed Key Personnel and by an
authorized official of the Firm.

We undertake that the professionals as mentioned above shall remain with the
assignment till the end of contract. Any change in the above composition of personnel
shall not be done without prior permission of Department of Information.

Authorized Signature {In full and initials with Seal}:


Name and Title of Signatory:
Name of Bidder (Firm/ Company’s name):

Address:
Contact information (phone and e-mail):
Date & Time: Place:

28 RFP for providing technical solution for social media


management
Annexure-5: Project Details Template

The technical proposal should contain the following information. Bidders can provide
additional information to support their bid.

1. Summary Table of the Citations


S. Subject Client Project Project Project
No Name Name Value Year
(in crores)
1 Projects providing turnkey IT
solutions for State Govt.
2
/Central Govt/PSUs/Corporate
3 project costing Rs 75 lakh or
4 more for each project

1 Social Media Management /


Digital Marketing / Digital
media buying Projects in the
2 government sector/PSU
project with a minimum value
of Rs. 75 Lakh or above

2. Experience (Please attach supporting documents in the form of contract


copy, client letter for the cited projects) for each of the projects in the given
format

Project name:
S.No Item Head Details
1 Approx. value of the contract (in Indian Rupees):
2 Approx. value of the project outlay (in Indian Rupees):
3 Location:
4 Duration of assignment (months):
5 Name of Client:
6 Address:
7 Start date(month/year):

Completion date(month/year):
8 Total No of staff-months of the assignment:
9 Name of senior professional staff proposed:
10 Narrative description of Project (200 words):

29 RFP for providing technical solution for social media


management
11 Description of factual services provided by your staff within the assignment (200
words):

Authorized Signature {In full and initials with Seal}:


Name and Title of Signatory:
Name of Bidder (Firm/ Company’s name):

Address:
Contact information (phone and e-mail):
Date & Time: Place:

30 RFP for providing technical solution for social media


management
Annexure-6: Firm/ Company Information

Following are the particulars of our organization:

Details
S. No. Description (To be filled by the
bidder)
1 Name of the bidder
2 Regional official address (in Leh, if any)

3 Phone No. and email ID


4 Registered Headquarters Address
5 Phone No. and email ID
6 Web Site Address
7 Details of Firm’s Registration (Please enclose
copyof the registration document)
8 Name of Registration Authority
9 Registration Number and Year of Registration
10 EFP/ESI registration Number
11 Goods and Service Tax (GST) Registration No.
12 Permanent Account Number (PAN)
13 Any other….

Note: Separate sheets may be attached wherever necessary

Authorized Signature {In full and initials with Seal}:


Name and Title of Signatory:
Name of Bidder (Firm/ Company’s name):

Address:
Contact information (phone and e-mail):
Date & Time: Place:

31 RFP for providing technical solution for social media


management
Annexure-7: Contact Details of officials for correspondence during bid process:

<<On letterhead of Company>>

Details Authorised Signatory Secondary Contact

Name
Title
Company
Address
Phone
Mobile
Fax
E-mail

Authorized Signature {In full and initials with Seal}:


Name and Title of Signatory:
Name of Bidder (Firm/ Company’s name):

Address:
Contact information (phone and e-mail):
Date & Time: Place:

32 RFP for providing technical solution for social media


management
Annexure-8: Financial Bid Format

{To be submitted by the proposer as per the format}


To, Date:

The Deputy Director,


Department of Information
Administration of Ladakh, Leh

Sub: Financial Bid for Selection of an agency for providing Technical Solutions for Social
Media Management
Ref: NIT dated:

Dear Sir,

We, the undersigned proposer, having read & examined in detail, the Bidding
Document, the receipt of which is hereby duly acknowledged, I/ we, the undersigned,
offer to work as mentioned in the Scope of the work, Service Level Standards & in
conformity with the said bidding document for the same.

We submit herewith the Financial Bid (fees) for the assignment proposed by Department
of Information:

Component A:
S. Role No Total Effort Man- Total Cost
No in Man- month Without
month Cost in INR GST
1 Project Head (part time) 01
2 Social Media Expert (Full 01
time-off site)
3 Social Media Analyst 01
(Full Time)
4 Requisite technology May include all costs for the backend support
including software and including software, troubleshooting etc.
technical support
Total
Terms & Conditions: -
1. The above quoted fee includes all duties, levies, taxes except for GST, which shall
be payable extra as per the prevailing rates.
2. The rates quoted would remain fixed for the entire contract period.
3. The Payment for the aforesaid quoted value shall be paid in accordance with
Payment Terms.

33 RFP for providing technical solution for social media


management
We agree to all the terms & conditions as mentioned above &in the bidding
document and submit that we have not submitted any deviations in this regard.

Authorized Signature {In full and initials with Seal}:

Name and Title of Signatory:

Name of Bidder (Firm/ Company’s name):

Address:

Contact information (phone and e-mail):Date &Time: Place:

34 RFP for providing technical solution for social media


management
Annexure-9: Self-Declaration

{To be submitted on the letter head of the bidder}

To, Date:

The Deputy Director,


Department of Information
Administration of Ladakh, Leh

In response to the RFP dated for Selection of an agency for Social Media
Management, as an Owner/ Partner/ Director/ Auth. Sign. of, I/ We hereby declare
that presently our Company/ firm , at the time of bidding,
a) Possess the necessary professional, technical, financial and managerial resources
and competence required by the Bidding Document issued by the Department of
Information.
b) have fulfilled my/ our obligation to pay such of the taxes payable to the Union
and the UT Administration or any local authority as specified in the Bidding
Document;
c) is having unblemished record and is not declared ineligible for corrupt &
fraudulent practices either indefinitely or for a particular period of time by any
State/ Central Administration / PSU/ UT.
d) is not insolvent in receivership, bankrupt or being wound up, not have its affairs
administered by a court or a judicial officer, not have its business activities
suspended and is not the subject of legal proceedings for any of the foregoing
reasons;
e) does not have, and our directors and officers not have been convicted of any
criminal offence relatedto their professional conduct or the making of false
statements or misrepresentations as to their qualifications to enter into a
procurement contract within a period of three years preceding the
commencement of the Tender Process, or not have been otherwise disqualified
pursuant to debarment proceedings;
f) Does not have a conflict of interest as mentioned in the bidding document which
materially affects the fair competition.
g) Will comply with the code of integrity as specified in the bidding document.

If this declaration is found to be incorrect then without prejudice to any other action that
may be taken as per the provisions of the applicable Act and Rules thereto prescribed by
Administration of Ladakh, my/ our security may be forfeited in full and our bid, to the
extent accepted, may be cancelled.
Thanking you,

59 RFP for providing technical solution for social media


management
Authorized Signature {In full and initials with Seal}:
Name and Title of Signatory:
Name of Bidder (Firm/ Company’s name):
Address:
Contact information (phone and e-mail):
Date &Time: Place:

60 RFP for providing technical solution for social media


management
Annexure-10: Master Service Agreement

THIS AGREEMENT (“Agreement”) is made on this the <***> day of <***> 2021 at Leh,
India.

BETWEEN

Department of Information having its office at Leh, Ladakh, India hereinafter referred to
as ‘DEPARTMENT OF INFORMATION’ which expression shall, unless the context otherwise
requires, include its permitted successors and assigns); of the FIRST PART;

AND

<***>, a Company incorporated under the Companies Act, 1956, having its registered
office at
<***> (hereinafter referred to as ‘the Implementation Agency/IA’ which expression shall,
unless thecontext otherwise requires, include its permitted successors and assigns) of the
SECOND PART.

Each of the parties mentioned above are collectively referred to as the ‘Parties’ and
individually as a ‘Party’

WHEREAS:

1. Department of Information is desirous to implement the project ‘Technical


Solutions for Social Media Management’
2. In furtherance of the same, DEPARTMENT OF INFORMATION undertook the
selection of a suitable Implementation Agency through a competitive bidding
process for implementing the Project and in this behalf issued Request for
Proposal (RFP) dated<***>.
3. The successful bidder has been selected as the Implementation Agency on the
basis of the bid responses to utas Annexure of this Agreement, to undertake
the Project of the development and implementation of the s solution, its rollout
and sustained operations.

NOW THEREFORE, in consideration of the mutual covenants, promises, assurances,


representations and provisions set forth herein, the Parties here to agree as follows:

1. In this Agreement words and expressions shall have same meanings as are
respectively assigned tothem in the Conditions of Tender referred to.
61 RFP for providing technical solution for social media
management
2. The following documents shall be deemed to form and be read and construed as
part of this Agreement, viz.:

S. No Document
1 RFP dated <<***>>> issued by Department of Information f o r Technical
Solutions for Social Media Management along with Schedules and Annexures
2 All the subsequently issued corrigendum/ addendum
3 Technical and financial proposal submitted by the successful bidder, to the
extent they along with subsequently issued clarifications furnished by the
Successful Agency in response to the RFP, to the extent they are not
inconsistent with any terms of the RFP.
4 Letter of Intent (LOI) issued by Purchaser on <<date>> to the Successful Bidder.

4. In consideration of the Payments to be made by Department of Information t o


Service Provider as per the terms of RFP, Service Provider hereby covenants with
Department of Information to provide the goods and services and to remedy
defects therein in conformity in all respects as per the provisions of the RFP
Document and subsequent corrigendum.

5. Department of Information hereby covenants to pay Service Provider in


consideration of the provisions of the goods and services and the remedying of
defects therein the Contract Price as may become payable under the provisions
of the Contract at the times and in the manner prescribed in the RFP Document.

IN WITNESS WHEREOF the parties hereto have signed this Agreement on the date
and year respectively mentioned against their signature.

Signature on behalf of the Department of Information

( )Name:
Designation:

Signature on behalf of <<Successful Bidder>>

( )Name:
Designation:
DATE:

62 RFP for providing technical solution for social media


management
WITNESSED BY: Name Address Signature
1.
2.

63 RFP for providing technical solution for social media


management
Annexure
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.

(b) "Contract" means the Contract signed by the Parties, to which these
General Conditions of Contract (GC) are attached, together with all the
documents listed in Clause 1 of such signed Contract;

(c) “Contract Price” means the price to be paid for the performance of the
Services, in accordance with Clause 6;

(d) "Member", in case the Consultants consist of a consortium of more than


one entity, means any of these entities, and "Members" means all of these
entities; “Member in Charge” means the entity specified to act on their
behalf in exercising all theConsultants’ rights and obligations towards the
Client under this Contract;

(e) "Party" means the Client or the Consultants, as the case may be, and Parties
means both of them;

(f) "Personnel" means persons hired by the Consultants as employees and


assigned to the performance of the Services or any part thereof;

(g) "SC" means the Special Conditions of Contract by which these General
Conditionsof Contract may be amended or supplemented;

(h) "Services" means the work to be performed by the Consultants pursuant to


thisContract

1.2 Law Governing the Contract

This Contract, its meaning and interpretation, and the relation between the
Parties shall be governed by the Law of contract, supplemented by general
conditions and special conditions annexed to this contract.

64 RFP for providing technical solution for social media


management
1.3 Language

This Contract has been executed in English, which shall be the binding and
controlling language for all matters relating to the meaning or interpretation of this
Contract.

1.4 Notices

Any notice, request or consent made pursuant to this Contract shall be in writing
and shall be deemed to have been made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or when sent
by registered mail or facsimile to such Party at the address specified in the SC.

1.5 Location

The Services shall be performed at such locations as are specified in Appendix A and,
where the location of a particular task is not so specified, at such locations, whether
in the Government’s country or elsewhere, as the Client may approve.

1.6 Authorized Representatives

Any action required or permitted to be taken, and any document required or


permitted to be executed, under this Contract by the Client or the Consultants may
be taken or executed bythe officials specified in the SC.

1.7 Taxes and Duties

Unless otherwise specified in the SC, the Consultants and their Personnel shall pay
such taxes, duties, fees and other impositions as may be levied under the Applicable
Law, the amount of which is deemed to have been included in the Contract Price.

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF


CONTRACT

2.1 Effectiveness of Contract

This Contract shall come into effect on the date the Contract is signed by both Parties.

2.2 Commencement of Services

The Consultants shall begin carrying out the Services after the date the Contract
becomes effective.

65 RFP for providing technical solution for social media


management
2.3 Expiration of Contract

Unless terminated earlier pursuant to Clause 2.6, this Contract shall terminate with
completion of the consultancy in terms of conditions of this agreement to the full
satisfaction of the Client.

2.3.1 Modification

Modification of the terms and conditions of this Contract, including any modification
of the scope of the Services or of the Contract Price, may only be made by written
agreement between the Parties.

2.4 Force Majeure

2.4.1 Definition

For the purpose of this contract "Force Majeure" means any event or circumstance
or combination of events or circumstances beyond the reasonable control of either
Party including:

i) Acts of God and nature including


· typhoon, flood, earthquake, fire, drought, landslide, unusually severe
weathercondition or other natural disaster; and
· plague or epidemic or quarantine conditions arising therefrom;
ii) Air crash, shipwreck, train wrecks or failures or delays of transportation;
iii) Strikes, lock-outs, work-to-rule actions, go-slows or similar labour
difficulties otherthan Governmental Force Majeure that in any way have an
effect on the project;

2.4.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations under the contract 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 (a) has taken all reasonable precautions, due care and reasonable alternative
measures in order to carry out the terms and conditions of this Contract, and (b) has
informed the other Party as soon as possible about the occurrence of such an event.

2.4.3 Extension of Time

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.

66 RFP for providing technical solution for social media


management
2.4.4 Payments

During the period of their inability to perform the Services as a result of an event of
Force Majeure, no additional payment will be given however a time extension in the
project may begiven.

2.5 Termination

2.5.1 By the Client

The Client may terminate this Contract, by not less than thirty (30) days’ written
notice of termination to the Consultants, to be given after the occurrence of any of
the events specified in paragraphs (a) through (d) of this Clause 2.6.1 and sixty (60)
days’ in the case of the event referred to in (e):

(a) if the Consultants do not perform their obligations under this Contract, within
thirty (30) days of receipt after being notified
(b) if the Consultants become insolvent or bankrupt;
(c) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days;
or
(d) if the Consultant, in the judgment of the Client has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract.

For the purpose of this clause:

“corrupt practice” means the offering, giving, receiving or soliciting of


anything of value to influence the action of a public official in the selection
process or in contract execution.

“fraudulent practice” means a misrepresentation of facts in order to


influence a selection process or the execution of a contract.

(e) if the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract.

2.5.2 By the Consultants

The Consultants may terminate this Contract, by not less than thirty (30) days'
written notice to the Client, such notice to be given after the occurrence of any of
the events specified in paragraphs (a) and (b) of this Clause 2.6.2:

(a) if the Client fails to pay any money due to the Consultants pursuant to this
Contract and not subject to dispute pursuant to Clause 7 hereof within
forty-five (45) days afterreceiving written notice from the Consultants that

67 RFP for providing technical solution for social media


management
such payment is overdue; or

(b) if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days.

2.5.3 Payment upon Termination

Upon termination of this Contract pursuant to Clauses 2.6.1 or 2.6.2, the Client
shall makethe following payments to the Consultants:

(a) remuneration pursuant to Clause 6 for Services satisfactorily performed


prior to the effective date of termination;

(b) except in the case of termination pursuant to paragraphs (a) and (b) of
Clause 2.6.1, reimbursement of any reasonable cost incident to the prompt
and orderly termination of the Contract.

2.5.4 Failure and Termination

In case of delay in the conduct of Consultancy services within the time fixed or in
the eventof repudiation of the contract, the Client reserves the right to recover
damage for Breach of contract as indicated below:
"To recover from the Consultant as agreed liquidated damages including
administration expenses and not by way of penalty, a sum equivalent to 0.5%
(half percent) of total contractual agreement, which the Consultant has
failed to deliver within the period fixed for delivery for each week or part
thereof during which delivery is in arrears subject to an overall ceiling of 10%
of the total contract price".

3. OBLIGATIONS OF THE CONSULTANTS

3.1 General

The Consultants shall perform the Services and carry out their obligations hereunder
with all due diligence, efficiency and economy, in accordance with generally
accepted professional techniques and practices, and shall observe sound
management practices, and employ appropriate advanced technology and safe
methods. The Consultants shall always act, in respect of any matter relating to this
Contract or to the Services, as faithful advisers to the Client, and shall at all times
support and safeguard the Client's legitimate interests in any dealings with third
parties.

3.2 Conflict of Interests

3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc.

68 RFP for providing technical solution for social media


management
The remuneration of the Consultants pursuant to Clause 6 shall constitute the
Consultants'sole remuneration in connection with this Contract or the Services, and
the Consultants shall not accept for their own benefit any trade commission,
discount or similar payment in connection with activities pursuant to this Contract
or to the Services or in the discharge of their obligations under the Contract, and the
Consultants shall use their best efforts to ensure that the Personnel and agents,
similarly shall not receive any such additional remuneration.

3.2.2 Consultants and Affiliates not to be Otherwise Interested in Project

The Consultants agree that, during the term of this Contract and after its
termination, the Consultants and their affiliates, shall bedisqualified from providing
goods, works or services (other than the Services and any continuation thereof) for
any project resulting from or closely related to the Services.

3.2.3 Prohibition of Conflicting Activities

Neither the Consultants nor their Sub-consultants nor the Personnel shall engage,
either directly or indirectly, in any of the following activities:

(a) during the term of this Contract, any business or professional activities
which wouldconflict with the activities assigned to them under this
Contract; or
(b) after the termination of this Contract, such other activities as may be
specified in the SC.

3.3 Confidentiality

The Consultants and the Personnel shall not, either during the term or within
two (2) years after the expiration of this Contract, disclose any proprietary or
confidential information relating to the Project, the Services, this Contract, or
the Client's business or operations without the prior written consent of the
Client.

3.4 Insurance to be taken out by the Consultants

The Consultants (a) shall take out and maintain, at their own cost but on terms
and conditions approved by the Client, insurance against the risks, and for the
coverage, as shall be specified in the SC; and (b) at the Client's request,
shall provide evidence to the Client showing that such insurance has been
taken out and maintained and that the current premiums have been paid.

3.5 Consultants’ Actions Requiring Client’s Prior Approval

69 RFP for providing technical solution for social media


management
The Consultants shall obtain the Client’s prior approval in writing before taking
any of the following actions:

(a) appointing such members of the Personnel not listed by


name in the proposal submitted by the Consultants
(b) any other action that may be specified in the SC.

3.6 Reporting Obligations

The Consultants shall submit to the Client the reports and documents
specified in the RFP in the form, in the numbers, and within the periods set
forth.

3.7 Transition Management

(a) Post the contract period, the Consultant shall provide a smooth handover of
all the knowledge material and assets to Client at no transfer cost
(b) Post the contract period, the Consultant is expected to provide adequate
knowledge transfer and training to the DIPR staff over a period of 30 days
from the date of expiry of contract

4. CONSULTANTS' PERSONNEL

4.1 Description of Personnel

The titles, agreed job descriptions, minimum qualifications and estimated


periods of engagement in the carrying out of the Services of the Consultants'
Key Personnel as described in proposal given by the Consultant.

4.2 Removal and/or Replacement of Personnel

(a) No changes shall be made in the Key Personnel. In case it becomes


incumbent to change any one of key personnel, the Consultants shall
forthwith provide as a replacement a person of equivalent or better
qualifications with approval of the Client.

(b) If the Client finds that any of the Personnel have (i) committed
serious misconduct or has been charged with having committed a criminal
action, or (ii) have reasonable cause to be dissatisfied with the performance
of any of the Personnel, then the Consultants shall, at the Client's written
request specifying the grounds thereof, forthwith provide as a replacement a
person with qualifications and experience acceptable to the Client.

(c) The Consultants shall have no claim for additional costs arising out of
or incidental to any removal and/or replacement of Personnel.
70 RFP for providing technical solution for social media
management
5. OBLIGATIONS OF THE CLIENT

5.1 Assistance and Exemptions

The Client shall use its best efforts to ensure that the Administration shall
provide the Consultants such assistance and data as specified in the SC.

5.2 Change in the Applicable Law

If, after the date of this Contract, there is any change in the Applicable Law
with respect to taxes and duties which increases or decreases the cost of
services rendered by the Consultants, then the remuneration and
reimbursable expenses otherwise payable to the Consultants under this
Contract shall be increased or decreased accordingly and corresponding
adjustments shall be made to the ceiling amounts referred to in Clause 6.2.

5.3 Services and Facilities

The Client shall make available to the Consultants the Services and Facilities
listed under Appendix E.

6. PAYMENTS TO THE CONSULTANTS

6.1 Lump Sum Remuneration

The Consultant’s total remuneration shall not exceed the Contract Price and
shall be a fixed lump sum including all staff costs, printing, communications,
travel, accommodation, and the like, and all other costs incurred by the
Consultant in carrying outthe Services described in Scope of Work. Except as
provided in Clause 5.2, the Contract Price may only be increased above the
amounts stated in clause 6.2 if the Parties have agreed to additional payments
in accordance with Clause 2.4.

6.2 Contract Price

The price payable in local currency is …………. ……..

6.3 Terms and Conditions of Payment

As given in the RFP.

7. SETTLEMENT OF DISPUTES

7.1 Amicable Settlement

71 RFP for providing technical solution for social media


management
The Parties shall use their best efforts to settle amicably all disputes arising
out of or in connection with this Contract or its interpretation.

7.2 Dispute Settlement

Any dispute between the Parties as to matters arising pursuant to this


Contract that cannot be settled amicably within thirty (30) days after receipt
by one Party of the other Party's request for such amicable settlement may be
submitted by either Party for settlement in accordance with the provisions
specified in the SC.

72 RFP for providing technical solution for social media


management
SPECIAL CONDITIONS OF CONTRACT

GC Clause Amendments of and Supplements to Clauses in the


General Conditions of Contract

1.6 The Authorized

Representatives are:

For the Client:

For the Consultant:

3.2.3 For a period of two years after the expiration of this Contract, the
Consultants shall not engage, and shall cause their Personnel not to
engage, in the activity of a purchaser (directly or indirectly) of the assets
on which they advised the Client under this Contract, nor shall they
engage in the activity of an adviser (directly or indirectly) of potential
purchasers of such assets. The Consultant also agree that their affiliates
shall be disqualified for the same period of time from engaging in the
said activities.

3.4 The Consultant shall ensure to cover the following risks and take the
necessary coverages in this regard:

(a) Third Party motor vehicle liability insurance as required under


Motor Vehicles Act, 1988, in respect of motor vehicles operated
in India by the Consultants or their Personnel deployed in
Ladakh for the period ofConsultancy;

(b) Professional liability insurance, with a minimum coverage equal


to total contract value for this consultancy

3.7 The Consultants shall not use these documents for purposes unrelated
to this Contract without the prior written approval of the Client.

7.2 Dispute Settlement

Any Dispute or differences whatsoever arising between the parties out


of or relating to the implementation, meaning and operation or effect
of this agreementor its execution or the breach thereof shall be
settled by arbitration in L e h . The parties agree that the sole
arbitrator shall be appointed by the Secretary Information Parties
hereto will raise no objection to the arbitration on the ground that the
Arbitrator is a Government servant that he had to deal with matters
to which the contract relates or that in the course of his duties as
73 RFP for providing technical solution for social media
management
Government servant he has expressed views on all or any of the matters
in dispute or difference. It is a term of this agreement that in the event
of any difficulty arising by reason of death, resignation, retirement,
inability or refusing to act as arbitrator or if the award is set aside by
any court for any such reason of procedure, it will be lawful for the
Secretary, Information to appoint another person as arbitrator in place
of the outgoing arbitrator. In every such case it shall be lawful for the
new arbitrator to act upon the record of the proceedings as existent at
that stage of the arbitration or to commence proceedings de-novo as
the arbitrator in his discretion may decide. The provisions of Indian
Arbitration and Conciliation Act, 1996 and any modification thereon
shall govern the proceedings. The contract and the arbitration shall be
governed by Indian Law only. The Award made in pursuance thereof
shall be binding on the parties.

The Civil Courts in Ladakh alone shall have jurisdiction to entertain any
suit or matter arising out of this Agreement.

74 RFP for providing technical solution for social media


management

You might also like