ATAL INDORE CITY TRANSPORT SERVISES LIMITED, INDORE Request for Proposal
Title of Consulting Services:
Tender for Appointment of Consultancy Services for AICTSL (Public Transport System )
OCTOBER 2018
ATAL INDORE CITY TRANSPORT SERVICES LIMITED
Plot No. 30- Residency Area, A.B. Road, Opp. M.G.M. Medical College, INDORE - 452001 Ph.: +91-731-2499888
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Tender terms and conditions will be according to the department. Instructions regarding website are as follows:-
i) For participation in e-tendering module for any department, it is mandatory for prospective bidders to get registration on website www.mpeproc.gov.in . Therefore, it is advised to all prospective bidders to get registration by making on line registration fees payment at the earliest. ii) Tender documents can be purchased only online and downloaded from website www.mpeproc.gov.in by making online payment for the tender documents fee. iii) Service and gateway charges shall be borne by the bidders. iv) Since the bidders are required to sign their bids online using class – III Digital Signature Certificate, they are advised to obtain the same at the earliest. v) For further information regarding issue of Digital Signature Certificate, the bidders are requested to visit website www.mpeproc.gov.in . Please note that it may take upto 7 to 10 working days for issue of Digital Signature Certificate. Department will not be responsible for delay in issue of Digital Signature Certificate. vi) If bidder is going first time for e-tendering, then it is obligatory on the part of bidder to fulfil all formalities such as registration, obtaining Digital Signature Certificate etc. well in advance. vii) Bidders are requested to visit our e-tendering website regularly for any clarification and / or due date extension. viii) Bidder must positively complete online e-tendering procedure at www.mpeproc.gov.in ix) Department shall not be responsible in any way for delay /difficulties /inaccessibility of the downloading facility from the website for any reason whatever. x) For any type of clarification bidders can / visit www.mpeproc.gov.in and held desk contract no. 18002588684 Mail id : [email protected] Support timings: Monday to Saturday from 10:00 AM to 7:00 PM. xi) Interested bidders may attend the free training programme in Bhopal at their own cost. For further query please contact help desk. xii) The bidder who so ever is submitting the tender by his Digital Signature Certificate shall invariably upload the scanned copy of the authority letter as well as submit the copy of same in physical form with the offer of particular tender.
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GENERAL 1. Introduction 1.1 The Client named in the Data Sheet will select a consulting firm / organization (the Consultant) from those listed in the Letter of Invitation, in accordance with the method of selection specified in the Data Sheet. 1.2 The Consultants are invited to submit a Technical Proposal and a Financial Proposal, or a Technical Proposal only, as specified in the Data Sheet, for consulting services required for the assignment named in the Data Sheet. The Proposal will be the basis for contract negotiations and ultimately for a signed Contract with the selected Consultant.
1.3 Consultants should familiarize themselves with local conditions and take them into account in preparing their Proposals. To obtain first-hand information on the assignment and local conditions, Consultants are encouraged to visit the Client before submitting a proposal and to attend a pre-proposal conference if one is specified in the Data Sheet. Attending the pre-proposal conference is optional. Consultants should contact the Client’s representative named in the Data Sheet to arrange for their visit or to obtain additional information on the pre-proposal conference. Consultants should ensure that these officials are advised of the visit in adequate time to allow them to make appropriate arrangements. 1.4 The Client will timely provide at no cost to the Consultants the inputs and facilities specified in the Data Sheet, assist the firm in obtaining licenses and permits needed to carry out the services, and make available relevant project data and reports. 1.5 Consultants shall bear all costs associated with the preparation and submission of their proposals and contract negotiation. The Client is not bound to accept any proposal, and reserves the right to annul the selection process at any time prior to Contract award, without thereby incurring any liability to the Consultants. Conflict of 1.6 Consultants provide professional, objective, and impartial advice Interest and at all times hold the Client’s interests paramount, strictly avoid conflicts with other assignments or their own corporate interests and act without any consideration for future work. 1.6.1 Without limitation on the generality of the foregoing, Consultants, and any of their affiliates, shall be considered to have a conflict of interest and shall not be recruited, under any of the circumstances set forth below: Conflicting A Consultant (including its Personnel and Sub-Consultants) relationships that has a business or family relationship with a member of the Client’s staff who is directly or indirectly involved in
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any part of (i) the preparation of the Terms of Reference of the assignment, (ii) the selection process for such assignment, or (iii) supervision of the Contract, may not be awarded a Contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the AICTSL throughout the selection process and the execution of the Contract. 1.6.2 Consultants have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of their Client, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Consultant or the termination of its Contract. 1.6.3 No agency or current employees of the Client shall work as Consultants under their own ministries, departments or agencies. Recruiting former government employees of the Client to work for their former ministries, departments or agencies is acceptable provided no conflict of interest exists. When the Consultant nominates any government employee as Personnel in their technical proposal, such Personnel must have written certification from their government or employer confirming that they are on leave without pay from their official position and allowed to work full-time outside of their previous official position. Such certification shall be provided to the Client by the Consultant as part of his technical proposal. Unfair Advantage 1.6.4 If a Consultant could derive a competitive advantage from having provided consulting services related to the assignment in question, the Client shall make available to all shortlisted Consultants together with this RFP all information that would in that respect give such Consultant any competitive advantage over competing Consultants. Fraud and 1.7 of such contracts.1 In pursuance of this policy, Corruption (a) defines, for the purposes of this provision, the terms set forth below as follows: (i) “corrupt practice2” is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) “fraudulent practice3” is any act or omission, including misrepresentation, that knowingly or recklessly
1 In this context, any action taken by a consultant or a sub-consultant to influence the selection process or contract execution for undue advantage is improper. 2 “Another party” refers to a public official acting in relation to the selection process or contract execution. In this context “public official” includes World AICTSL staff and employees of other organizations taking or reviewing selection decisions. 3 A “party” refers to a public official; the terms “benefit” and “obligation” relate to the selection process or contract execution; and the “act or omission” is intended to influence the selection process or contract execution.
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misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation; (iii) “collusive practices4” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party; (iv) “coercive practices5”is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party; (v) “obstructive practice” (aa) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a AICTSL investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (bb) acts intended to materially impede the exercise of the AICTSL’s inspection and audit rights provided for under sub-clause (e) below. (b) will reject a proposal for award if it determines that the consultant recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question; (c) will have the right to require that, in contracts financed by a AICTSL loan, a provision be included requiring consultants to permit the AICTSL to inspect their accounts and records and other documents relating to the submission of proposals and contract performance and to have them audited by auditors appointed. 1.8 Consultants, their Sub-Consultants, and their associates shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued . Furthermore, the Consultants shall be aware of the provisions on fraud and corruption stated in the specific clauses in the General Conditions of Contract. 1.9 Consultants shall furnish information on commissions and gratuities, if any, paid or to be paid to agents relating to this proposal and during execution of the assignment if the Consultant is awarded the Contract, as requested in the Financial Proposal submission form (Section 4). Only one 1.13 Consultants may only submit one proposal. If a Consultant submits or proposal participates in more than one proposal, such proposals shall be
4 “Parties” refers to participants in the procurement or selection process (including public officials) attempting to establish contract prices at artificial, non competitive levels. 5 “Party” refers to a participant in the selection process or contract execution.
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disqualified. However, this does not limit the participation of the same Sub-Consultant, including individual experts, to more than one proposal. Proposal Validity 1.14 The Data Sheet indicates how long Consultants’ Proposals must remain valid after the submission date. During this period, Consultants shall maintain the availability of Professional staff nominated in the Proposal. The Client will make its best effort to complete negotiations within this period. Should the need arise, however, the Client may request Consultants to extend the validity period of their proposals. Consultants who agree to such extension shall confirm that they maintain the availability of the Professional staff nominated in the Proposal, or in their confirmation of extension of validity of the Proposal, Consultants could submit new staff in replacement, who would be considered in the final evaluation for contract award. Consultants who do not agree have the right to refuse to extend the validity of their Proposals. 2. Clarification 2.1 Consultants may request a clarification of any of the RFP documents and up to the number of days indicated in the Data Sheet before the Amendment proposal submission date. Any request for clarification must be sent in of RFP writing, or by standard electronic means to the Client’s address Documents indicated in the Data Sheet. The Client will respond in writing, or by standard electronic means and will send written copies of the response (including an explanation of the query but without identifying the source of inquiry) to all Consultants. Should the Client deem it necessary to amend the RFP as a result of a clarification, it shall do so following the procedure under para. 2.2. 2.2 At any time before the submission of Proposals, the Client may amend the RFP by issuing an addendum in writing or by standard electronic means. The addendum shall be sent to all Consultants and will be binding on them. Consultants shall acknowledge receipt of all amendments. To give Consultants reasonable time in which to take an amendment into account in their Proposals the Client may, if the amendment is substantial, extend the deadline for the submission of Proposals. 3. Preparation 3.1 The Proposal (see Para. 1.2), as well as all related correspondence of Proposals exchanged by the Consultants and the Client, shall be written in the language (s) specified in the Data Sheet. 3.2 In preparing their Proposal, Consultants are expected to examine in detail the documents comprising the RFP. Material deficiencies in providing the information requested may result in rejection of a Proposal. 3.3 While preparing the Technical Proposal, Consultants must give particular attention to the following: (a) Consultant considers that it may enhance its expertise for the assignment by associating with other Consultants in a joint venture or sub-consultancy, it may associate with either (a) non-short listed Consultant(s), or (b) short listed Consultants if so indicated in the Data Sheet. A short listed Consultant must first obtain the approval of the Client if it
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wishes to enter into a joint venture with non-short listed or short listed Consultant(s). In case of association with non- short listed Consultant(s), the short listed Consultant shall act as association leader. In case of a joint venture, all partners shall be jointly and severally liable and shall indicate who will act as the leader of the joint venture.
Technical 3.4 Depending on the nature of the assignment, Consultants are required Proposal Format to submit a Full Technical Proposal (FTP), or a Simplified Technical and Content Proposal (STP). The Data Sheet indicates the format of the Technical Proposal to be submitted. Submission of the wrong type of Technical
Proposal will result in the Proposal being deemed non-responsive. The Technical Proposal shall provide the information indicated in the following paras from (a) to (g) using the attached Standard Forms (Section 3). Paragraph (c) (ii) indicates the recommended number of pages for the description of the approach, methodology and work plan of the STP. A page is considered to be one printed side of A4 or letter size paper. 3.5 The Technical Proposal shall not include any financial information. A Technical Proposal containing financial information may be declared non responsive. Financial 3.6 The Financial Proposal shall be prepared using the attached Standard Proposals Forms (Section 4). It shall list all costs associated with the assignment, including (a) remuneration for staff (foreign and local, in the field and
at the Consultants’ home office), and (b) reimbursable expenses indicated in the Data Sheet. If appropriate, these costs should be broken down by activity and, if appropriate, into foreign and local expenditures. All activities and items described in the Technical Proposal must be priced separately; activities and items described in the Technical Proposal but not priced, shall be assumed to be included in the prices of other activities or items. Taxes 3.7 The Consultant may be subject to local taxes (such as: value added or sales tax, social charges or income taxes on non resident Foreign Personnel, duties, fees, levies) on amounts payable by the Client under the Contract. The Client will state in the Data Sheet if the Consultant is subject to payment of any local taxes. Any such amounts shall not be included in the Financial Proposal as they will not be evaluated, but they will be discussed at contract negotiations, and applicable amounts will be included in the Contract. 3.8 Consultants may express the price of their services in a maximum of three freely convertible currencies, singly or in combination. The Client may require Consultants to state the portion of their price representing local cost in the national currency if so indicated in the Data Sheet. 3.9 Commissions and gratuities, if any, paid or to be paid by Consultants and related to the assignment will be listed in the Financial Proposal Form FIN-1 of Section 4. 4. Submission, The proposals to be submitted via online media as mentioned in the RFP Receipt, and terms & conditions.
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Opening of Proposals a. The technical along with EMD & financial bid to be submitted online. Only the technical bid hardcopy to be submitted in the envelope along with the EMD to AICTSL till the submitting date & time.
5. Proposal AICTSL first evaluate the technical bid & then open the financial bid. If the Evaluation technical bid is found nonresponsive/ rejected then financial proposal; of that firm will not be opened.
Evaluation of 5.2 The evaluation committee shall evaluate the Technical Proposals on Technical the basis of their responsiveness to the Terms of Reference, applying Proposals the evaluation criteria, sub-criteria, and point system specified in the Data Sheet.
Financial 5.3 Deleted. Proposals for QBS
6. Confidentialit 8.1 Information relating to evaluation of Proposals and recommendations y concerning awards shall not be disclosed to the Consultants who submitted the Proposals or to other persons not officially concerned with the process, until the publication of the award of Contract. The undue use by any Consultant of confidential information related to the process may result in the rejection of its Proposal and may be subject to the provisions of AICTSL.
7. Technical Qualification Criteria:
a. EMD to be submitted. b. Firm should have Minimum 2 project experience in the public transportation consultancy/ work. c. Firm should submit the self-declaration of non-black listing certificate from any Govt./ Semi Govt/ Private firm. d. Details of staff & company profile to be provided along with the project planning & staffing per month. e. PF & ESIC registration certificate to be provided. f. Company/ firm registration certificate to be provided.
8. Financial Qualification Criteria:
a. ITR for last two financial years to be submitted. ( FY – 2015-2016,2016-2017). b. Net worth of last audited financial year should be positive c. PAN Card to be submitted.
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Detailing is mentioned below for technical evaluation:
Mandatory Document Proof Parameters in Qualifying Criteria detail
1. Legal Entity A company incorporated in India under the Copy of certificate of companies act, 1956 and subsequent incorporation or certified amendments thereto or a Limited Liability copy of partnership Partnership Firm under Limited Liability deed Partnership Firm Act 2008
Consultant should have been in existence in 2. Years of India for a period of not less than 3 years as Copy of certificate of Operation on 31.03.2018 incorporation or certified copy of partnership deed Consultant should have positive net worth for the Certificate from the 3. Financial last audited financial/calendar years. Chartered Accountant Strength for Net Worth The Consultant should not be under a 4. Black Listing declaration of ineligibility for corrupt or Self-declaration letter duly fraudulent practices or be black listed by any signed by authorized appropriate authority signatory on company letter head
5. GIS Mapping Completed bus stop and route mapping for 4 Documentary evidence or cities in India demonstration of data collected and made available on a map 6. Transport and Resume of at least one human resource who has Resume certified by a city planning 5 years of experience in transport and city Chartered Accountant planning in India 7. ITS Project Management/ deployment of at least 400 GPS Work order/ copy of Management devices and 100 ETIM machines agreement 8. Commuter Provision/ management of mobile application Work order/ copy of Engagement services for providing commuters service agreement related to city buses 9. Work With Confirmation of working with at least 2 private Work order/ copy of Private Bus bus operators having more than 100 buses agreement/ letter on Operators each letterhead of private bus operator
Parameters Qualifying Criteria Document Proof
10. Legal Entity A company incorporated in India under the Copy of certificate of companies act, 1956 and subsequent incorporation or certified amendments thereto or a Limited Liability copy of partnership Partnership Firm under Limited Liability deed Partnership Firm Act 2008
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Consultant should have been in existence in 11. Years of India for a period of not less than 3 years as Copy of certificate of Operation on 31.03.2018 incorporation or certified copy of partnership deed Consultant should have positive net worth for the Certificate from the 12. Financial last audited financial/calendar years. Chartered Accountant Strength for Net Worth The Consultant should not be under a 13. Black Listing declaration of ineligibility for corrupt or Self-declaration letter duly fraudulent practices or be black listed by any signed by authorized appropriate authority signatory on company letter head
14. GIS Mapping Completed bus stop and route mapping for 4 Documentary evidence or cities in India. demonstration of data collected and made available on a map 15. Transport and Resume of at least one human resource who Resume certified by a city planning has 5 years of experience in transport and Chartered Accountant city planning in India 16. ITS Project Management/ deployment of at least 400 GPS Work order/ copy of Management devices and 100 ETIM machines agreement 17. Commuter Provision/ management of mobile application Work order/ copy of Engagement services for providing commuters service agreement related to city buses 18. Work With Confirmation of working with at least 2 private Work order/ copy of Private Bus bus operators having more than 100 buses agreement/ letter on Operators each letterhead of private bus operator
Note:
Only after passing the qualification criteria the financial bid shall be opened online. Financial bid to be submitted only in the form of online and no hard copy of financial bid to be submitted.
Only the attested RFP document along with the mandatory documents to be submitted online and offline also.
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DATA SHEET
Paragraph Reference Description
1.1 Name of the Client: Atal Indore City Transport Services Limited, Indore
1.2 Financial Proposal to be submitted online together with Technical Proposal: Yes Name of the assignment TENDER FOR APPOINTMENT OF CONSULTANT FOR AICTSL.
1.3 A pre-proposal conference will be held: Yes Address Atal Indore City Transport Services Limited, Indore 30, Residency Area, A.B. Road Opposite MGM college, Indore, (M.P) 452001 Telephone number: 91-731-2499888 Facsimile number: 91-731-2499888 E-mail: [email protected] Website: www.citybusindore.com
1.4 The client will provide the following Inputs and facilities: NIL
1.6.1 The Client envisages the need for continuity for downstream work: No
1.14 Proposals must remain valid for 90 days after the submission date, i.e. until
2.1 Clarifications may be requested not later than 2(two) days after the date of pre- proposal conference. The address for requesting clarifications is: Mr. Sandeep Soni, CEO, AICTSL, 30, Residency Area, Opposite MGM Medical College, Indore, India - 452001 Telephone: 91-731-2499888 Facsimile: -91-7312499888, Email: [email protected] Website:www.citybusindore.com 3.1 Proposal shall be submitted in the following language: English
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3.3(a) Short-listed consultants may associate with other short listed consultants: No.
3.3(b) Contract is for 5 years tenure.
3.4 The formats of the Technical Proposal to be submitted is FTP (Full Technical Proposal)
3.4 (g) Training is a specific component of this Assignment: No.
4.5 The Proposal submission address is: Mr. Sandeep Soni, CEO, AICTSL, Atal Indore City Transport Services Limited, Indore. 30, Residency Area, A.B.Road, Opposite MGM Medical College, Indore 452001 Telephone number: 91-731-2499888 Facsimile number: 91-731-2499888 E-mail: [email protected] Website: www.citybusindore.com Proposal must be submitted in Hard copy only (electronic submission not acceptable) no later than the dates mentioned in the NIT.
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SECTION 1: TECHNICAL PROPOSAL – STANDARD FORMS
[Comments in brackets [ ] provide guidance to the shortlisted Consultants for the preparation of their Technical Proposals; they should not appear on the Technical Proposals to be submitted.] Refer to Reference Paragraph 3.4 of the Data Sheet for format of Technical Proposal to be submitted, and paragraph 3.4 of Section 2 of the RFP for Standard Forms required and number of pages recommended
TECH-! Technical Proposal Submission Form TECH-2 Consultant’s Organization and Experience A Consultant’s Organization B Consultant’s Experience TECH-3 Comments or Suggestions on the Terms of Reference and on Counterpart Staff and Facilities to be Provided by the Client A On the Terms of Reference B On the Counterpart Staff and Facilities Description of the Approach, Methodology and Work Plan for Performing the Assignment Team Composition and Task Assignments Curriculum Vitae (CV) for Proposed Professional Staff Staffing Schedule Work Schedule
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FORM TECH-1: TECHNICAL PROPOSAL SUBMISSION FORM Location, Date
To
Dear Sirs
We, the undersigned, offer to provide the consulting services for TENDER FOR APPOINTMENT OF CONSULTANT FOR AICTSL.in accordance with your Request for Proposal dated 19-08-2015 and our proposal. We are hereby submitting our proposal, which includes this Technical proposal and a Financial Proposal sealed under a separate envelope.
We are submitting our proposal in association with: [Insert a list will name and address of each associated Consultant].
We hereby declare that all the information and statements made in this proposal are true and accept that any misinterpretation contained in it may lead to our disqualification.
If negotiations are held during the period of validity of the proposal, i.e., before the date indicated in Paragraph Reference 6.1 of the Data Sheet, we undertake to negotiate on the basis of the proposed staff. Our proposal is binding upon us and subject to modifications resulting from contract negotiations.
We undertake, if our Proposal is accepted, to initiate the consulting services related to the assignment not later than the date indicated in Paragraph Reference 7.2 of the Data Sheet.
We understand you are not bound to accept any proposal you receive.
We remain,
Yours sincerely,
Authorized Signature: [In full and initials] ______[Initials] ______Name and Title of Signatory: ______Name of Firm: ______Address: ______
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FORM TECH-2: PROFILE OF CONSULTING STAFF WITH SUMMARY OF QUALIFICATIONS & EXPERIENCE CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF 1. Proposed Position [only one candidate shall be nominated for each position]: 2. Name of Firm [Insert name of firm proposing the staff]:
3. Name of Staff [Insert full name]: 4. Date of Birth: Nationality: 5. Education [Indicate college/university and other specialized education of staff member, giving names of institutions, degrees obtained, and dates of obtainment]: ______6. Membership of Professional Associations: 7. Other Training [Indicate significant training since degrees under 5 - Education were obtained]: 8. Countries of Work Experience: [List countries where staff has worked in the last ten years]: 9. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing]: 10. Employment Record [Starting with present position, list in reverse order every employment held by staff member since graduation, giving for each employment (see format here below): dates of employment, name of employing organization, positions held.]: From [Year]: To [Year]: Employer: Positions held:
11. Detailed Tasks Assigned 12. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned [Among the assignments in which the staff has been involved, [List all tasks to be performed indicate the following information for those assignments that under this assignment] best illustrate staff capability to handle the tasks listed under point 11.] Name of assignment or project: Year: Location: Client: Main project features: Positions held: Activities performed: 13. Certification: I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my qualifications, and my experience. I understand that any wilful misstatement described herein may lead to my disqualification or dismissal, if engaged. Date: [Signature of staff member or authorized representative of the staff] Day/Month/Year Full name of authorized representative:
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FORM FIN-1: PROPOSAL SUBMISSION FORM [Location, Date] To:[Name and address of Client]
Dear Sirs:
We, the undersigned, offer to provide the consulting services for ‘Consultancy services for AICTSL in accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal. Our attached Financial Proposal is for the sum of [Insert amount(s) in words and figures].1 This amount is exclusive of the, GST as per SCC Clause 1.8 and is shown in the summary separately.
Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before the date indicated in Paragraph Reference of the Data Sheet.
We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act, 1988”.
Commissions and gratuities paid or to be paid by us to agents relating to this Proposal and Contract execution, if we are awarded the Contract, are listed below2:
Name and Address Amount and Purpose of Commission of Agents Currency or Gratuity
We understand you are not bound to accept any Proposal you receive. We remain,
Yours sincerely, Authorized Signature In full and initials]: Name and Title of Signatory: Name of Firm: Address:
1 Amounts must coincide with the ones indicated under Total Cost of Financial proposal in Form FIN-2. 2 If applicable, replace this paragraph with: “No commissions or gratuities have been or are to paid by us to agents relating to this Proposal and Contract execution.”
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Annexure- 1
TERMS OF REFERENCE
CONSULTANCY SERVICES FOR PREPARING SERVICE AND BUSINESS PLAN FOR PUBLIC TRANSPORT BUS OPERATIONS FOR ATAL INDORE CITY TRANSPORT SERVICES LIMITED (AICTSL), INDORE
1. BACKGROUND: Indore is one of the pioneering cities of India introducing a city bus service through an innovative public-private-partnership (PPP) in 2006 followed by a Bus Rapid Transit System for its citizens. Introduction of the Bus Rapid Transit System (BRTS) is part of a larger effort of the city to provide good quality mobility by mass transportation of public in a socially equitable and environmentally sustainable manner. Integrate the public transportation through proper planning as per the demand and supply. A company “Atal Indore City Transport Services Ltd” was incorporated to operate and manage the public transport system on 1 December 2005. "Atal Indore City transport services Ltd" has been incorporated to operate and manage the public transport system. The new SPV is ideally constituted as a Public Limited Company incorporated under the Companies Act, 1956. The Registered Office of the company is situated at 30 Residency area, Indore. The authorized capital of the company is Rs 25 lacs divided into 2.50 lacs equity shares of Rs. 10/- each. The initial paid up capital of Rs. 25 lacs is being held by the Indore Municipal Corporation and Indore Development Authority in equal proportion. AICTSL is an ISO 9001:2008 certified company. ● Indore is commercial capital of the Madhya Pradesh. ● As per census 2011, ● Population has grown from 1.64 m in 2001 to 2.29 m in 2011. ● Avg Annual Growth @ 3.4% ● Decadal growth @ 39.76% ● Expected to reach 2.78 m in 2021. ● The developed area is expected to grow from 11,000 ha (2001) to 35,650 ha by 2021 (Master Plan). ● Registered vehicles have increased from 0.55 m in 2001 to 1.18 m in 2010 (10% per yr) ● Share of private vehicles more than 82% in total registered vehicles. ● Accidents have increased from 2617 in 2001 to 3473 in 2010 (3.2%) Brief description of current size of operations of AICTSL: Indore has a bus route network of approximately 1,000 km length which is covered through 26 designated bus routes. At present, nearly 30 bus routes are with more than 250 no. of buses in the city. The latest detailed information may be gathered The population growth in the city and introduction of new public transportation systems has resulted in to the following: 1. Changes in the movement patterns of the passengers in the city during last three years. 2. Gaps in Route Planning which are not serving the existing demand patterns 3. Mismatch in the passenger demand and allocation of buses to routes 4. Monetary losses on several AICTSL routes which are running parallel to the other routes. 5. Lack of planning to address different market segments; particularly that of a feeder system for the BRT system in Indore. In addition, the current size of operations does not fully cater to the travel needs of the city and AICTSL is keen to identify and better service the travel demand in the city. AICTSL also realises that in order to be able to effectively cater to the cities bus transport needs it will need to plan the system holistically including requirement for fleet enhancements, infrastructure improvements, operators and contracting
18 arrangements, systems to support operations and customer service, enhancements in AICTSLs organisational and staffing requirements, and finally financing, to support both capital investments as well as operations, for the expanded and improved service in the city. AICTSL therefore proposes a consultancy to develop the route rationalization plan and business plan for Atal Indore City Transport Services Limited (AICTSL), Indore. Under the GEF-UNDP-World Bank-India Sustainable Urban Transport Program (SUTP) ITMS project being implemented by the Ministry of Urban Development, Government of India, Details of Indore City Bus routes are provided in the Annexure No.2.
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Error! Reference source not found. Landuse-2021
More details regarding routes can be found on http://www.citybusindore.com/
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Niranjanpur
Vijay Nagar
Palasia
Naulakha
BRT Corridor Bhanwar Kuan Interface with City Buses Rajiv Gandhi
Details of Indore BRTS
Length of route ● 11.46 km
Road section ● 31.6 / 60 metres
System type ● Closed ● Median stations
BRTS Stations ● 21
Number of buses planned ● 50
Type of bus ● 12 m long with AC ● 900 mm Standard ● 245 hp, BS III engine Rear Engine ● 12 m Long AC buses 900 mm ● 180 Hp front engine
The scope of work includes two components 2. OBJECTIVES AND METHODOLOGY OF THIS CONSULTANCY: The objective of the study is to carry out a review of all bus service operations, routes and the route network operating in Indore and to suggest improvements in existing service operations, routes and the route network as well as for new bus services, routes and route network for the city. The study objective further includes development of an effective business plan for sustainable city bus services. Main objectives of AICTSL in implementing a sustainable bus transport project include two parts:
Part (I) 1. Increase public transport (PT) service in the city by expanding and integrating the city bus service operations, routes, and route network; along with the city traffic related with the public transportation.
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2. Improve PT service quality, in areas such as adequacy, accessibility, reliability, regularity, punctuality, and safety, 3. Consider and address needs, aspirations, and concerns of all PT stakeholders as part of the development of the service improvements. 4. Improve service and physical integration between the PT bus services and the BRT and other services/with those of the PT bus services. 5. Improve operational, institutional, organisational and regulatory performance of PT agencies. 6. Develop improvements that encourage higher usage of the PT services in the Indore
Part (II) 1. Develop an overall business strategy for AICTSL to support efficient and sustainable delivery of PT services for the whole city bus system including any BRT system. 2. Prepare a 5 and 10 year business plan for the company to implement the business strategy.
3. Scope of Work Part (I) will include verifying network selection with additional primary data, identifying demand and prepare route rationalisation plan. The proposal should be prepared with extensive consultations with all stakeholders to understand regional and local context. The route rationalization includes the following activities but not limited to: 1. Review of existing public transport passenger flow movement 2. Review of existing stage carriage route plan for the city of Indore. 3. Review of financial performance of the routes. 4. Identification of market segments. 5. Modification of existing routes according to market segmentation and passenger flow movement. 6. Identification of new routes as per market segments 7. Estimation of ridership on modified/new routes 8. Identification of minimum service standards. 9. Allocation of buses on routes as per minimum service standards. 10. Allocation of buses on routes for maximization of revenue 11. Estimation of financial performance of revised routes. 12. Suggestions on route planning review as a periodic process. 13. Understanding the traffic situation of the city and plan accordingly. 14. Suggestions related with traffic and public transportation for further implementation. Part (II) will include Business Plan be prepared for AICTSL taking into consideration its present status and future goals. The Business Plan shall address, but not necessarily be limited to the following aspects: ● Clearly articulate AICTSL’s vision and value proposition ● Review AICTSL’s present activities and capacities ● Identify detailed services. ● Develop delivery structure.
o Identify operator strategy i.e. number of operators, contracting approach etc. o Identify complementary assets needed for delivery of identified services ● Determine cost & financial model o Identify assets and costs o Evaluate revenue generation potential
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The consultant shall undertake detailed discussion with the members, management and the concerned staff of the AICTSL and prepare the Business Plan so that the document presents a workable plan that meets the actual needs of the institute. The Business Plan should also include the long term, (beyond 5 years) development strategy besides the short term (in next 5 years) action plan. At this stage the consultant shall also develop a detailed ‘Implementation Plan’ for operationalizing the short-term action plan. This should clearly bring out recommended strategy to implement the plan, including timelines, deployment of resources and inter relationship with other agencies involved. To achieve the objectives of the consultancy, it is divided into the following major tasks: Task I. Project Inception including the transportation & complete traffic picture of the city. Task II. Data Collection & Analysis time to time Task III. Draft route rationalisation and service plan report and stakeholder participation workshop Task IV. Final Service plan and Route Rationalisation Plan report submission and implementation. Task V. Draft Business Strategy, business plan and Workshop Task VI: Final service plan, Route Rationalisation Plan & Business plan report submission Task VII: Regular monitoring and optimization during the implementation of the Route Rationalisation Plan for city and for the traffic in the city. Task I: Project Inception In this Task, develop the inception report for service operations planning, route rationalisation and business plan along with details of methodology and work plan that will be followed to successfully complete the project. Activity 1: Articulating AICTSL’s Vision and Value Proposition Conduct stakeholder discussions to assess if current vision of AICTSL is in line with the business plan that is being conceived. If not, a new vision statement shall be developed. The value proposition of Indore and how it fits into the urban transport space shall also be detailed in this task. Activity 2: Review AICTSL’s Current Activities and Capacities Obtain an understanding of AICTSL’s current working model in terms of activities, associated people and capacity to deliver on activities as part of this task. The task shall include review of all relevant documents, consultations and detailed discussions with members and management of the AICTSL. Activity 3: Detailed survey plan & methodology Prepare data collection plan and methodology. Deliverable: Inception report Task II: Data Collection & Analysis Activity 4: Prepare Study Area Profile Prepare a profile of the study area from available documents and compare with the city level statistics. The parameters include location in the city, history and evolution of the area, population and demographic data (e.g., education, gender, age groups) and socio-economic data (e.g. household size, percentage and type of employment, income). Activity 5: Collect Data; Undertake Documentation of the Study Area Document the mobility network and street environment that affects how commuters travel within the city. These include but are not limited to: Review of existing public transport passenger flow movement, Review of existing stage carriage service operations and route plans for the city of Indore. Review existing public transport passenger flow movement. Review existing stage carriage/BRT service operations and route plans for the city of Indore , Review of financial performance of service trips, routes, Identification of market segments
Activity 6: Analyse Data Collected and Documentation Undertaken
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Analyse existing data and documentation to evaluate service operations plans and route network / rationalisation through the following but not limited to: I. As per the data base collected above, Identification and rationalization of City Bus operations plans and routes in Indore City and sub urban/adjoining area of Indore as a route hierarchy (definition for each type be documented) such as: ▪ Trunk Routes ▪ Standard Routes ▪ Complimentary or Feeder Routes II. Improvement of existing service operations and routes network according to market segmentation and passenger flow movement and passengers. ● Identification of new routes and operations designed to serve specific commuter market segments of such as Ordinary Service, Express Service with limited halts, Air Conditioned Bus Services. ● Estimation of ridership on modified/new routes including those of feeder routes ● Identification of acceptable service standards ● Allocation of buses on routes as per minimum/maximum service standards & for maximization of capacity utilisation and fare box revenue. ● Technical & Consultancy support for preparing tender document/RFP for identified new city bus routes and for each of the other outsourced activities / needs, as defined in PT operations model. ● Recommendation on optimal fare per pax km, fare structure and pricing policy based upon the aforesaid analysis. Prepare a fare fixation, revision and fare structuring model for sustainability of city bus services. Prepare a mechanism for assessing quantum of concessions and for its reimbursement by the beneficiary agencies/Government. ● Prepare proposals/recommendation in a phased implementation of new service operations plans / routes/ route network.
III. Fleet Management: Evaluate gap between ridership demands and bus fleet supply considering existing level of service condition (2014) and projections for future (2015 to 2024) periods. For analysing bus fleet supply, also analyse and evaluate bus technology and other aspects of physical performance of bus fleet including but not limited to fleet utilisation, vehicle productivity, bus capacity& its utilisation, increasing need for regularity and punctuality, comfort and convenience of services and safety of operations. IV. Identification of new route(s) and preparation of service operations plan: Based on spatial and temporal ridership demand on corridors, identify new feasible/sustainable routes/plans within study area. Identify phase wise demand and cater to that demand on identified new routes specifying service operations plan in each case. Identify feeder routes along with travel demands on each feeder route. V. Overlapping of routes: Based on the primary survey and secondary information, identify overlapping routes and provide suitable proposal/solution for route restructuring and or service scheduling to facilitate increased commuter / area accessibility and capacity utilisation including those for feeder routes operated by micro buses, vans, and PT buses. VI. Public and Intermediate Public Transport Infrastructure: When identifying new routes/service plans and overlaps in routes/services, address the need for feeder routes and use of micro buses / Vans/ three wheeler operations in the city. Suggest options for integration and seamless intermodal transfers among walking, bicycling, intermediate public transport services, BRT, and bus services.
Deliverable: Submission of Draft Data Analysis Report Submit draft service operations, route rationalisation and business plan framework based on outcome from data analysis. Task III: Draft route rationalisation and service plan report and stakeholder participation workshop Activity 7: Hold two, one-day workshops for AICTSL and other stakeholders, including citizens, operators and commercial / institutional establishments to obtain their needs from PT system. Present information regarding the need for an efficient PT system and summarize an analysis of the existing PT system in the city including route behaviour and service plan characteristics and actual and perceived deficiencies. Suggest possible solution options for routes and service plans modifications / improvements. Involve Micro bus/vans/IPT operators in this process for effective integration of such vehicles in providing seamless transfers and last mile connectivity.
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Also outline new concepts in route structuring and service planning and PT agency’s future plans for a responsive and improved PT system in the city. Obtain and use the feedback to revise proposals. Disseminate requisite information / plans/proposals etc, to about 50 participants each nominated and invited by Indore. The workshop must provide a forum for cities to share their current initiatives as related to PT services. Develop questionnaires and other supporting material to gauge the level of preparedness of the cities. The consultant will be responsible for all the logistics of the workshop, including:
● Preparing and delivering power point presentations ● Developing and sharing workshop material in both hard & soft formats, ● Arranging and hiring the venue ● Usual packages of Lunch & snacks. Activity 8: Submit a report of the Task III work and workshop outcomes Task IV: Final service plan and Route Rationalisation Plan report submission
PART (A) Final report for service plan, route rationalisation should include following contents: ➢ Section 1: Service plan and route rationalisation plans ➢ Section 2: Phase wise implementation plan ➢ Section 3: Details of service plan and rationalised routes including those for BRT and Non BRT routes and service plans for market segmented services. Section 1 will include revised proposals for service plan, route rationalisation of the complete Indore bus network, based on data analysis and findings from the study. The development of the proposals shall include but not be limited to the following work activities: ● Modification of existing routes / service plans according to market segmentation and passenger flow movement. ● Identification of new routes / service trips as per travel demand characteristics and market segments. ● Estimation of ridership on modified/new routes/ feeder routes / services. Identify minimum service standards. ● Determination and assignment of buses on routes/services based on minimum service standards and the appropriate size and type of buses (including micro buses /vans /IPTs) on routes for the maximization of capacity utilisation and revenue. ● Evaluation of new routes and service plans for various performance parameters from the perspective of different stakeholders. ● Estimation of financial performance of revised routes/ service plans. ● Development of a structured process for the periodic review of route/service plans that includes recommendations regarding minimum frequency of reviews and other triggers for such reviews. Section 2 will present phase wise service and route rationalisation plan showing how AICTSL introducing the new route network can begin in a gradual manner with a simultaneous but gradual inclusion ofIndore suburbs and its connectivity. In future, fleet sizes may be adjusted as per demand and improved fleet performance with high quality BRT infrastructure, if any, in place that allows buses to achieve higher speeds, better utilisations and supply per bus. Section 3 will give detailed legend wise map and a list of bus stops, service operation headways, and other operational parameters for each of the routes listed in Section 1.
PART (II) Business Plan The table below illustrates the possible scope of the Business Plan. As the report for this section is to be prepared separately, a summary / conclusions of part I are intended to be included in this Part II to maintain a coherent flow.
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Section Suggested Scope (Only summary of some of the aspects dealt with in Part I need be given in this part to avoid duplication)
1 Vision and Overall Develop a coherent vision for AICTSL including expected company Business Strategy for position and status in 2024. Develop fundamental business AICTSL for the 5 and strategy to be followed. This provides the overall framework for 10year period the Business Plan.
2 Key objectives and targets Develop a set of key objectives which will achieve the Business Strategy. Develop a set of target which are clear and which will be deemed a successful implementation of the Business Plan.
3 The bus route planning Develop the principles to be used in bus route/service planning and standard, service planning traffic of Indore. In particular, establish the basis on which and principles service levels will be set and the network development will be developed. Identify whether minimum citizen mobility criteria will be set, and if so, identify the principles.
5 Network and service Identify the strategy and the specific changes foreseen to the development plan network over the business life. Provide specific details for years 1 and 2, and indicative changes for years 3, 4, and 5, 10. Quantify the volume of service and number and type of vehicles required by year.
7 Business Model Develop business model options separately for each element as brought out in the sections dealing with “objectives and methodology”, carry out SWOT analysis for each of the element- wise options, and develop a composite business model including all the selected elements. If certain business model is already in operation, recommend model be considered for future.
8 Operator Strategy Determine the manner in which the service would be offered through private operators and address issues such as how many operators, route or area licensing, and what kind of contract structures. This shall also include options for properly integrating the micro buses / Vans services with the overall transport service
9 Maintenance, overnight Taking into account the requirements over the 5 and 10 years and parking, and associated the current situation, develop a multi-year plan for bus infrastructure plan maintenance, depots, workshops and parking facilities. Identify separately requirements for infrastructure, and requirements for new maintenance practices and for expenditure on equipment.
12 Ticketing services Evaluate existing ticketing solutions for AICTSL services across modes of transport and suggest ways to improve, digitize and make ticketing solution citizen friendly.
13 Ridership and revenue Based on service products, network development plan, business forecast development plan and pricing strategy, develop multi-year ridership and revenue forecasts. Identify key assumptions and sensitivities.
14 Capital investment program Based on asset requirement plans and support system plans, develop a multi-year capital investment program. Develop scenarios for availability of capital funds, and prioritise investments within each scenario.
15 Operational cost forecast Based on network and operational program, develop multi-year operational cost forecasts at current prices and fleet age related
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deterioration factors for various physical performance parameters. Identify key assumptions and sensitivities.
16 Financial analysis Develop a multi-year financial analysis for the plan period. Forecast the outturn for key financial metrics, identify main changes, and identify significant items requiring special attention. Identify levels of profitability, funds available for investment, requirements for public funding support (if any), and any requirements for exceptional financing. Identify key requirements for fare price reviews.
17 Key performance indicators Develop a set of Key Performance Indicators. Identify current values and set multi-year targets.
18 Risk Management strategy Identify key risks. Classify by cost to company, probability, and consequences. Develop mitigation strategy and means of monitoring. Assign risks to owners within AICTSL .
21 Information systems plan Develop information systems plan including (a) MIS and other internal information needs of AICTSL and (b) information services for passengers and other stakeholders., and develop implementation plan using extensive data obtained from IT / ITS, its analysis and usage as an organized MIS including exceptional reporting, performance evaluation of PT system and the service providers wrt various stakeholders needs and PT Agency’s goals and objectives.
22 IT and ITS applications Prepare a detailed plan for acquisition of IT and ITS equipment / facilities and their O & M mechanism, detailed information flow pattern using ITS/ communications systems, driver alerts, PIS, incident reporting, , bill payment after adjusting penalties, security monitoring – on board and on bus stops, Ticketing and monitoring / control of ticket less travel / revenue leakage, etc,
23 Daily operations Feedback Consultancy shall review the daily bus operations of AICTSL and shall recommend the ways to improve. Also the capacity building of the operators shall also be made by the consultant on routine basis.
Activity 9: Assist the AICTSL in O&M and financial assessment for each concept. Write a brief report documenting the O&M and financial analysis. Activity 10: Formulate Competitive Strategy& Develop Implementation Plan The business plan shall also include a competitive strategy for AICTSL to be sustainable as an organization in the long term. Based on the short-term services and the delivery structure identified in the business plan, develop an implementation plan document. Deliverable: Draft business strategy& Business plan report Task VI: Final Route Rationalisation Plan, service plan, & Business plan in different sections The draft route rationalisation plan, service plan, & Business plan will be presented to stakeholders. The final report will be prepared incorporating all comments. Deliverable: Final route rationalisation plan Service Plan & Business Plan Report Task VII: Monitoring Develop guidelines, key metrics and mechanism for tracking and monitoring the progress of the implementation plan developed. The progress must also be measured from the perspective of benefits to commuters in the utilization of services. The consultant will also make any changes or suggestions to the implementation plan based on feedback from this monitoring activity. Fortnightly reports must be submitted to AICTSL along with appropriate suggestions. 4. DELIVERABLES
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The consultant shall commence work within a week of signing of the contract and shall submit a work plan within 1 month of commencement of work. All deliverables are due within 12 months of commencement of work. All reports submitted to client will be supplied in six hard Copies, along with a CD comprising relevant electronic copies of all data, maps & reports. It must be noted that the copyright for all the manuals, plans and reports and other intellectual property created as a part of this project will vest exclusively with AICTSL which would be free to use all such material, without restrictions, in any of its training programs or for any other purposes. 5. Future Engagements Notwithstanding anything in this RFP or because of the agreement as a result of this RFP between AICTSL and Consultant, Consultant will have all the rights to be a Service Provider and /or a technology partner for any of the project run by AICTSL, Indore Municipal Corporation or any city government. Consultants will have the right to propose any of it’s services which are relevant to AICTSL and AICTSL will have the right to avail any of the products, services or solutions from the consultant which AICTSL may need. 6. Supervision The study will be supervised by AICTSL’s PIU. They will be supported by the National PMU and World Bank. The consultant’s performance will be measured against two key SLA’s
(a) Meeting timelines set for this project
(b) Timely and appropriate monitoring of the project
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Annexure -2
AICTSL Public Transport Route Details
ROUTE TIME OF Route No. of LENGTH S.no Route NAME FREQUENCY IN No. Bus (KM) MINUTES
RAJIVGANDHI TO 11.45 1 BRTS Ibus 50 2 NIRANJANPUR CITY BUS DEWAS NAKA TO 17.00 2 4 GRATER VAISHALI 12 7 ARVINDO TO 23.00 3 5 MHOWNAKA 14 10 MUSAKHEDI TO 17.8 4 7 GANDHI NAGAR 5 20 KANADIA BYPASS TO 17.5 5 9 SURYADEV NAGAR 12 11 TEJAJI NAGAR TO 6 GOMATGIRI VIA 24.5 11 RAILWAY ST. 10 20 MUSAKHEDI TO 7 16 NAVAPATH 2 12 20.00 MR-10 TO 8 17 PALDANAKA 9 13 15.00 INDORE TO MHOW 9 PITHAMPUR. 46.00 Old-25-26 INDORAMA VIA RAU 10 50 MIDI BUS STAR SQ TO 10 C-1 RAJWADA 8 12 14.00 C-2/M- MUSAKHEDI TO 11 7/16 NAVDAPANTH 8 12 20.10 MY HOSPITAL TO 12 C-3 GANDHI NAGAR 4 20 13.50
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MYH TEMPO STAND 13 TO ARVINDO 19.00 C-4 HOSPITAL 4 20 TEJAJI NAGR TO 14 M-4 CHOTA BANGA 5 20 20.00 TEJAJI NAGR TO 15 M-6 RAJWADA 8 12 10.30 MUSAKHEDI TO 16 M-7 NAVDAPANTH 4 12 20.00 MYH STAND TO 17 M-10 TIGARIYA BADSHA 5 20 14.15 BAGIRATPURA TO 18 M-11 CHOITRAM MANDI 5 20 15.00 CHOTIGWAL TOLI TO 19 M-12 NIPANIYA 5 20 16.5 LIG TO SANGAM 20 M-15 NAGAR 6 20 15.60 SUTRA SEVA BUS MANGLIYA DEEPOT 21 TO SARWATE BUS 18.50 M-17 STAND 4 30 SILICON CITY TO 22 INDORE RAILWAY 14.65 M-18 STATION 6 20 BHAWARKUA TO 23 M-19 SIMROL 6 14 22.00 RAJWADA TO 24 M-20 RANWASA 6 20 15.00 SARVATE BUS STAND 25 M-22 TO NAYTA MUNLA 5 15 11.00 BHAWARKKUA TO 26 M-23 KAMPEL 6 35 22.00 RAILWAY STATION 27 M-24 TO HATHOD 6 35 22.00 SARWATE TO 28 M-25 MAHALAXMI NAGAR 6 20 11.00 DEWAS NAKA TO 29 M-27 SIRPUR 9 10 23.00 MHOW NAKA TO 30 M-28 BICHOLI HAPSI 4 35 14.00
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MHOW NAKA TO 12.00 31 M-29 BICHOLI MARDANA 6 18 DEWAS NAKA TO 32 GANGWAL BUS 13.10 M-31 STAND 4 25 BADA BANGARDA TO 33 M-32 M.Y. HOSPITAL 2 60 11.60 SIRPUR TO TILAK 34 M-33 NAGAR 4 11.20 ARVINDO TO NAYTA 35 M-34/C-4 MUNDLA 3 20 25.00 ARVINDO TO 36 M-35 MEDICAPS 6 50 27.30 12.00 37 M-36 RAJWADA TO MR-9 4 15 KANADIA GRAM TO 38 M-37 BADA GANPATI 4 50 13.9 NIPANIA TO 39 M-38 RAJWADA 4 40 11.20 SARWATE BUS STAND 40 NEW-25 TO MHOW 5 60 23.00 SARWATE BUS STAND 41 TO INDORAMA 46.00 NEW-26 PITHAMPUR 6 60
Note: The status/ number/ frequencies/ routes of the buses increased and keep changing since it is an ongoing process. The updated routes & buses shall be provided at the time final selection to the agency.
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: STANDARD FORM OF CONTRACT
CONTRACT FOR CONSULTANTS’ SERVICES
Lump-Sum
between
[name of the Client]
and
[name of the Consultant]
Dated:
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I. Form of Contract
LUMP-SUM
(Text in brackets [ ] is optional; all notes should be deleted in final text)
This CONTRACT (hereinafter called the “Contract”) is made the [day] day of the month of [month], [year], between, on the one hand, [name of client] (hereinafter called the “Client”) and, on the other hand, [name of Consultant] (hereinafter called the “Consultant”).
[Note: If the Consultant consist of more than one entity, the above should be partially amended to read as follows: “…(hereinafter called the “Client”) and, on the other hand, a joint venture/consortium/association consisting of the following entities, each of which will be jointly and severally liable to the Client for all the Consultant’s obligations under this Contract, namely, [name of Consultant] and [name of Consultant] (hereinafter called the “Consultant”).]
WHEREAS
(a) the Client has requested the Consultant to provide certain consulting services as defined in this Contract (hereinafter called the “Services”);
(b) the Consultant, having represented to the Client that it has the required professional skills, and personnel and technical resources, has agreed to provide the Services on the terms and conditions set forth in this Contract;
(c) the Client has received [or has applied for] a loan from the International AICTSL for Reconstruction and Development (hereinafter called the “AICTSL”) [or a credit from the International Development Association (hereinafter called the “Association”)] towards the cost of the Services and intends to apply a portion of the proceeds of this loan [or credit] to eligible payments under this Contract, it being understood (i) that payments by the AICTSL [or Association] will be made only at the request of the Client and upon approval by the AICTSL [or Association], (ii) that such payments will be subject, in all respects, to the terms and conditions of the agreement providing for the loan [or credit], and (iii) that no party other than the Client shall derive any rights from the agreement providing for the loan [or credit] or have any claim to the loan [or credit] proceeds;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this Contract:
(a) The General Conditions of Contract;
(b) The Special Conditions of Contract;
(c) The following Appendices: [Note: If any of these Appendices are not used, the words “Not Used” should be inserted below next to the title of the Appendix] Appendix A: Description of Services Appendix B: Reporting Requirements Appendix C: Key Personnel and Sub-Consultants Appendix D: Breakdown of Contract Price in Foreign Currency
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Appendix E: Breakdown of Contract Price in Local Currency Appendix F: Services and Facilities Provided by the Client Appendix G: Form of Advance Payment Guarantee Not used
2. The mutual rights and obligations of the Client and the Consultant shall be as set forth in the Contract, in particular:
(a) the Consultants shall carry out the Services in accordance with the provisions of the Contract; and
(b) the Client shall make payments to the Consultants in accordance with the provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.
For and on behalf of [name of Client]
[Authorized Representative]
For and on behalf of [name of Consultant]
[Authorized Representative]
[Note: If the Consultant consists of more than one entity, all these entities should appear as signatories, e.g., in the following manner:]
For and on behalf of each of the Members of the Consultant
[name of member]
[Authorized Representative]
[name of member]
[Authorized Representative]
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II. General Conditions of Contract
1. GENERAL PROVISIONS
1.1 Definitions Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the force of law in the Government’s country, or in such other country as may be specified in the Special Conditions of Contract (SC), as they may be issued and in force from time to time.
(b) “Consultant” means any private or public entity that will provide the Services to the Client under the Contract.
(d) “Contract” means the Contract signed by the Parties and all the attached documents listed in its Clause 1, that is these General Conditions (GC), the Special Conditions (SC), and the Appendices.
(e) “Contract Price” means the price to be paid for the performance of the Services, in accordance with Clause 6;
(f) “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GC 2.1.
(g) “Foreign Currency” means any currency other than the currency of the Client’s country.
(h) “GC” means these General Conditions of Contract.
(i) “Government” means the Government of the Client’s country.
(j) “Local Currency” means the currency of the Client’s country.
(k) “Member” means any of the entities that make up the joint venture/consortium/association, and “Members” means all these entities.
(l) “Party” means the Client or the Consultant, as the case may be, and “Parties” means both of them.
(m) “Personnel” means persons hired by the Consultant or by any Sub- Consultants and assigned to the performance of the Services or any part thereof.
(n) “SC” means the Special Conditions of Contract by which the GC may be amended or supplemented.
(o) “Services” means the work to be performed by the Consultant pursuant to this Contract, as described in Appendix A hereto.
(p) “Sub-Consultants” means any person or entity to whom/which the Consultant subcontracts any part of the Services.
(q) “In writing” means communicated in written form with proof of receipt.
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1.2 Law Governing This Contract, its meaning and interpretation, and the relation between the Contract Parties shall be governed by the Applicable Law.
1.3 Language This Contract has been executed in the language specified in the SC, 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 required or permitted to be given or made 1.4.1 pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent to such Party at the address specified in the SC.
A Party may change its address for notice hereunder by giving the other Party 1.4.2 notice in writing of such change to the address specified in the SC.
1.5 Location The Services shall be performed at such locations as are specified in Appendix A hereto and, where the location of a particular task is not so specified, at such locations, whether in the Government’s country or elsewhere, as the Client may approve.
1.6 Authority of In case the Consultant consists of a joint venture/ consortium/ association of Member in more than one entity, the Members hereby authorize the entity specified in Charge the SC to act on their behalf in exercising all the Consultant’s rights and obligations towards the Client under this Contract, including without limitation the receiving of instructions and payments from the Client.
1.7 Authorized Any action required or permitted to be taken, and any document required or Representative permitted to be executed under this Contract by the Client or the Consultant s may be taken or executed by the officials specified in the SC.
1.8 Taxes and The Consultant, Sub-Consultants, and their Personnel shall pay such indirect Duties taxes, duties, fees, and other impositions levied under the Applicable Law as specified in the SC, the amount of which is deemed to have been included in the Contract Price.
1.9 Fraud and If the Client determines that the Consultant and/or its Personnel, sub- Corruption contractors, sub-consultants, services providers and suppliers has engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices, in competing for or in executing the Contract, then the Client may, after giving 14 days notice to the Consultant, terminate the Consultant's employment under the Contract, and the provisions of Clause 2 shall apply as if such expulsion had been made under Sub-Clause 2.6.1(c).
Should any personnel of the Consultant be determined to have engaged in corrupt, fraudulent, collusive, coercive, or obstructive practice during the execution of the Contract, then that personnel shall be removed in accordance with Sub-Clause 4.2.
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For the purposes of this Sub-Clause, the terms set-forth below are defined as 1.9.1 Definitions follows:
(i) “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party6; (ii) “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation7; (iii) “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party8; (iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party9; (v) “obstructive practice” is (aa) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a AICTSL investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or (bb) acts intended to materially impede the exercise of the AICTSL’s inspection and audit rights provided for under Clause 3.8.
(vi) will cancel the portion of the loan allocated to a contract if it determines 1.9.2 Measures at any time that representatives of the Borrower or of a beneficiary of to be Taken the loan were engaged in corrupt, fraudulent, collusive or coercive practices during the selection process or the execution of that contract, without the Borrower having taken timely and appropriate action satisfactory to the AICTSL to remedy the situation;
(vii) will sanction a Consultant, including declaring the Consultant ineligible, either indefinitely or for a stated period of time, to be awarded a AICTSL- financed contract if it at any time determines that the Consultant has, directly or through an agent, engaged in corrupt, fraudulent, collusive or
6 “Another party” refers to a public official acting in relation to the selection process or contract execution. In this context, “public official” includes World AICTSL staff and employees of other organizations taking or reviewing procurement decisions. 7 A “party” refers to a public official; the terms “benefit” and “obligation” relate to the selection process or contract execution; and the “act or omission” is intended to influence the selection process or contract execution. 8 “Parties” refers to participants in the selection process (including public officials) attempting to establish bid prices at artificial, non competitive levels. 9 A “party” refers to a participant in the selection process or contract execution.
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coercive practices in competing for, or in executing, a AICTSL-financed contract;
The Client will require the successful Consultants to disclose any commissions 1.9.3 or fees that may have been paid or are to be paid to agents, representatives, Commissions or commission agents with respect to the selection process or execution of the and Fees contract. The information disclosed must include at least the name and address of the agent, representative, or commission agent, the amount and currency, and the purpose of the commission or fee.
2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT
2.1 Effectiveness of This Contract shall come into effect on the date the Contract is signed by both Contract Parties or such other later date as may be stated in the SC. The date the Contract comes into effect is defined as the Effective Date.
2.2 Commencement The Consultant shall begin carrying out the Services not later than the number of Services of days after the Effective Date specified in the SC.
2.3 Expiration of Unless terminated earlier pursuant to Clause GC 2.6 hereof, this Contract shall Contract expire at the end of such time period after the Effective Date as specified in the SC.
2.4 Modifications or Any modification or variation of the terms and conditions of this Contract, Variations including any modification or variation of the scope of the Services, may only be made by written agreement between the Parties. However, each Party shall give due consideration to any proposals for modification or variation made by the other Party.
2.5 Force Majeure
For the purposes of this Contract, “Force Majeure” means an event which is 2.5.1 Definition beyond the reasonable control of a Party and which makes a Party’s performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances.
The failure of a Party to fulfill any of its obligations under the contract shall not 2.5.2 No Breach of be considered to be a breach of, or default under, this Contract insofar as Contract 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.
Any period within which a Party shall, pursuant to this Contract, complete any 2.5.3 Extension action or task, shall be extended for a period equal to the time during which of Time such Party was unable to perform such action as a result of Force Majeure.
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During the period of their inability to perform the Services as a result of an event 2.5.4 Payments of Force Majeure, the Consultant shall be entitled to continue to be paid under the terms of this Contract, as well as to be reimbursed for additional costs reasonably and necessarily incurred by them during such period for the purposes of the Services and in reactivating the Service after the end of such period.
2.6 Termination
The Client may terminate this Contract in case of the occurrence of any of the 2.6.1 By the Client events specified in paragraphs (a) through (f) of this Clause GC 2.6.1. In such an occurrence the Client shall give a not less than thirty (30) days’ written notice of termination to the Consultant, and sixty (60) days’ in the case of the event referred to in (e).
(a) If the Consultant does not remedy a failure in the performance of their obligations under the Contract, within thirty (30) days after being notified or within any further period as the Client may have subsequently approved in writing.
(b) If the Consultant becomes insolvent Bank Rupt.
(c) If the Consultant, in the judgment of the Client has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.
(d) If, as the result of Force Majeure, the Consultant are unable to perform a material portion of the Services for a period of not less than sixty (60) days.
(e) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract.
(f) If the Consultant fails to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GC 8 hereof.
The Consultants may terminate this Contract, by not less than thirty (30) days’ 2.6.2 By the written notice to the Client, such notice to be given after the occurrence of Consultant any of the events specified in paragraphs (a) through (c) of this Clause GC 2.6.2:
(a) If the Client fails to pay any money due to the Consultant pursuant to this Contract and not subject to dispute pursuant to Clause GC 7 hereof within forty-five (45) days after receiving written notice from the Consultant that such payment is overdue.
(b) If, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days.
(c) If the Client fails to comply with any final decision reached as a result of arbitration pursuant to Clause GC 8 hereof.
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Upon termination of this Contract pursuant to Clauses GC 2.6.1 or GC 2.6.2, the 2.6.3 Payment Client shall make the following payments to the Consultant: upon Termination (a) payment pursuant to Clause GC 6 for Services satisfactorily performed prior to the effective date of termination;
(b) except in the case of termination pursuant to paragraphs (a) through (c), and (f) of Clause GC 2.6.1, reimbursement of any reasonable cost incident to the prompt and orderly termination of the Contract, including the cost of the return travel of the Personnel and their eligible dependents.
3. OBLIGATIONS OF THE CONSULTANT
3.1 General
The Consultant shall perform the Services and carry out their obligations 3.1.1 Standard of hereunder with all due diligence, efficiency and economy, in accordance with Performance generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The Consultant 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 Sub-Consultants or third Parties.
3.2 Conflict of The Consultant shall hold the Client’s interests paramount, without any Interests consideration for future work, and strictly avoid conflict with other assignments or their own corporate interests.
The payment of the Consultant pursuant to Clause GC 6 shall constitute the 3.2.1 Consultants Consultant’s only payment in connection with this Contract or the Services, and not to Benefit the Consultant shall not accept for their own benefit any trade commission, from discount, or similar payment in connection with activities pursuant to this Commissions, Contract or to the Services or in the discharge of their obligations under the Discounts, etc. Contract, and the Consultant shall use their best efforts to ensure that the Personnel, any Sub-Consultants, and agents of either of them similarly shall not receive any such additional payment.
The Consultant agrees that, during the term of this Contract and after its 3.2.2 Consultant termination, the Consultant and any entity affiliated with the Consultant, as and Affiliates not well as any Sub-Consultants and any entity affiliated with such Sub- to be Otherwise Consultants, shall be disqualified from providing goods, works or services Interested in (other than consulting services) resulting from or directly related to the Project Consultant’s Services for the preparation or implementation of the project.
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The Consultant shall not engage, and shall cause their Personnel as well as their 3.2.3 Prohibition Sub-Consultants and their Personnel not to engage, either directly or indirectly, of Conflicting in any business or professional activities which would conflict with the Activities activities assigned to them under this Contract.
3.3 Confidentiality Except with the prior written consent of the Client, the Consultant and the Personnel shall not at any time communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the Consultant and the Personnel make public the recommendations formulated in the course of, or as a result of, the Services.
3.4 Insurance to be The Consultant (a) shall take out and maintain, and shall cause any Sub- Taken Out by Consultants to take out and maintain, at their (or the Sub-Consultants’, as the Consultant the case may be) 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 Consultant’s The Consultant shall obtain the Client’s prior approval in writing before Actions taking any of the following actions: Requiring Client’s Prior (a) entering into a subcontract for the performance of any part of the Approval Services,
(b) appointing such members of the Personnel not listed by name in Appendix C, and
(c) any other action that may be specified in the SC.
3.6 Reporting (a) The Consultant shall submit to the Client the reports and documents Obligations specified in Appendix B hereto, in the form, in the numbers and within the time periods set forth in the said Appendix.
(b) Final reports shall be delivered in CD ROM in addition to the hard copies specified in said Appendix.
3.7 Documents (a) All plans, drawings, specifications, designs, reports, other documents and Prepared by the software submitted by the Consultant under this Contract shall become Consultant to be and remain the property of the Client, and the Consultant shall, not later the Property of than upon termination or expiration of this Contract, deliver all such the Client documents to the Client, together with a detailed inventory thereof.
(b) The Consultant may retain a copy of such documents and software. Restrictions about the future use of these documents, if any, shall be specified in the SC.
3.8 Accounting, 3.8.1 The Consultant shall keep, and shall cause its Sub-consultants to keep, Inspection and accurate and systematic accounts and records in respect of the Contract, in Auditing accordance with internationally accepted accounting principles and in such form and detail as will clearly identify relevant time changes and costs.
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3.8.2 The Consultant shall permit, and shall cause its Sub-consultants to permit, the AICTSL and/or persons appointed by the AICTSL to inspect its accounts and records relating to the performance of the Contract and the submission of the Proposal to provide the Services, and to have such accounts and records audited by auditors appointed by the AICTSL if requested by the AICTSL. The Consultant’s attention is drawn to Clause 1.9.1 which provides, inter alia, that acts intended to materially impede the exercise of the AICTSL’s inspection and audit rights provided for under Clause 3.8 constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to the AICTSL’s prevailing sanctions procedures.).
4. CONSULTANT’S PERSONNEL
4.1 Description of The Consultant shall employ and provide such qualified and experienced Personnel Personnel and Sub-Consultants as are required to carry out the Services. The titles, agreed job descriptions, minimum qualifications, and estimated periods of engagement in the carrying out of the Services of the Consultant’s Key Personnel are described in Appendix C. The Key Personnel and Sub- Consultants listed by title as well as by name in Appendix C are hereby approved by the Client.
4.2 Removal and/or (a) Except as the Client may otherwise agree, no changes shall be made in Replacement of the Key Personnel. If, for any reason beyond the reasonable control of Personnel the Consultant, such as retirement, death, medical incapacity, among others, it becomes necessary to replace any of the Key Personnel, the Consultant shall provide as a replacement a person of equivalent or better qualifications.
(b) If the Client finds that any of the Personnel have (i) committed serious misconduct or have 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 Consultant shall, at the Client’s written request specifying the grounds thereof, provide as a replacement a person with qualifications and experience acceptable to the Client.
(c) The Consultant shall have no claim for additional costs arising out of or incidental to any removal and/or replacement of Personnel.
5. OBLIGATIONS OF THE CLIENT
5.1 Assistance and The Client shall use its best efforts to ensure that the Government shall Exemptions provide the Consultant such assistance and exemptions as specified in the SC.
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5.2 Change in the If, after the date of this Contract, there is any change in the Applicable Law Applicable Law with respect to taxes and duties which increases or decreases the cost Related to Taxes incurred by the Consultant in performing the Services, then the and Duties remuneration and reimbursable expenses otherwise payable to the Consultant under this Contract shall be increased or decreased accordingly by agreement between the Parties, and corresponding adjustments shall be made to the amounts referred to in Clauses GC 6.2 (a) or (b), as the case may be.
5.3 Services and The Client shall make available free of charge to the Consultant the Services Facilities and Facilities listed under Appendix F.
6. PAYMENTS TO THE CONSULTANT
6.1 Payment to the On quarterly basis as rate quoted per year. It will depend on the work done consultant and reports submitted to AICTSL time to time. AICTSL has all rights to deduct the payments if found non-working.
6.2 Contract Price As per the rate quoted.
6.4 Terms and Payments will be made to the account of the Consultant and according to the Conditions of payment schedule stated in the SC. Unless otherwise stated in the SC, Payment the first payment shall be made against the provision by the Consultant of an advance payment guarantee for the same amount, and shall be valid for the period stated in the SC. Such guarantee shall be in the form set forth in Appendix G hereto, or in such other form, as the Client shall have approved in writing. Any other payment shall be made after the conditions listed in the SC for such payment have been met, and the Consultant has submitted an invoice to the Client specifying the amount due.
7. GOOD FAITH
7.1 Good Faith The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.
8. SETTLEMENT OF DISPUTES
8.1 Amicable The Parties agree that the avoidance or early resolution of disputes is crucial for Settlement a smooth execution of the Contract and the success of the assignment. The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or its interpretation.
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8.2 Dispute Any dispute between the Parties as to matters arising pursuant to this Contract Resolution 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.
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III. Special Conditions of Contract
(Clauses in brackets { } are optional; all notes should be deleted in final text)
Number of Amendments of, and Supplements to, Clauses in the GC Clause General Conditions of Contract
{1.1(a)} {The words “in the Government’s country” are amended to read “in India.”}
1.3 The language is [English].
1.4 The addresses are:
Client: : Atal Indore City Transport Services Limited, Indore Name of office: Mr. Sandeep Soni, CEO, AICTSL, Postal address: 30, Residency Area, A.B.Road Opposite MGM college, Indore, (M.P) 452001 Telephone number: 91-731-2499888 Facsimile number: 91-731-2499888 E-mail: [email protected] Website: www.citybusindore.com
Consultant:
Attention:
Facsimile:
E-mail:
1.7 The Authorized Representatives are:
For the Client: Shri Sandeep Soni, CEO, AICTSL.
For the Consultant:
1.8
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1.8.1 The consultants, Sub-consultants and the Personnel shall pay the taxes, duties, fees, levies and other impositions levied under the existing, amended or enacted laws during life of this contract and the client shall perform such duties in regard to the
deduction of such tax as may be lawfully imposed.
1.8.3 a) The client shall reimburse GST payable in India as per Applicable Law. The consultant shall register itself for GST with appropriate authority in India & shall provide the registration Number to the client.
b) Tax will be deducted at source as per the prevailing Income Tax Rules
2.2 The date for the commencement of Services is TEN days from date of signing of the contract
2.3 The time period shall be 5 years.
6.2(b) The amount in local currency is[Insert amount] INR
8.2 Disputes shall be settled by arbitration in accordance with the following provisions: Dispute Settlement
8.2 (i) Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with following provisions:
8.2 (ii) MD AICTSL shall be the arbitrator for any dispute.
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Annexure- 3
E-Financial Bid
. Selection of Consultant for AICTSL
Quoted Cost Particular Quote per year in figure Quote per year in words.
1. Total Costs of Financial Proposal
2. GST payable.
3. Total Amount of financial Proposal including GST.
Note: 1. Difference in Words & Figures – Lower amount shall be considered. 2. Even in the single bid AICTSL may allot the work to the agency. 3. All the discretion of rejection/ acceptance of the bid is with the AICTSL.
Name of Bidder: Signature of the Authorized Person Seal: Address and contact number:
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