No.1-3/41/2021-Admn. Expression of Interest Cum Request For Proposal (EOI Cum RFP)

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No.1-3/41/2021-Admn.

Expression of Interest cum Request for Proposal


(EOI cum RFP)
For
Selection of Consultant
For
Providing strategic and implementation management
consulting services to Small Farmer’ Agri-Business
Consortium (SFAC) in the process of corporatisation
of SFAC

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1.1 NOTICE FOR EOI cum RFP (Expression of Interest cum Request for
Proposal)

The notice for selection of consultant for providing strategic management consulting
services to assist SFAC in the process of corporatization of SFAC has been
published on CPP portal at https://eprocure.gov.in and also posted on website of
SFAC i.e. http://sfacindia.com.

1.2 INVITATION FOR EOI cum RFP

SFAC invites EOI cum RFP from reputed India based Consulting Agencies (i.e.
having registered office in India, hereafter referred as ‘Agencies’) to provide
management consulting services covering topics like strategic future growth, optimal
operational strategy, organizational restructuring and other related implementation
issues with respect to transition management, financing, legal aspect etc., to assist
SFAC in the process of corporatization of its function.

1.3 INTRODUCTION TO THE PROJECT

1.3.1 It has been decided to appoint a Consultant to provide management


consulting services across topics like long term strategy & vision,
organizational restructuring, process re-engineering and implementation
support for topics related to transition management, financing & legal, to
assist SFAC in the process of corporatization its function. Parties can also
apply in consortium.

1.3.2 Background: SFAC is an Autonomous Society promoted by Ministry of


Agriculture, and Farmers’ Welfare, Government of India. It was registered
under Societies Registration Act XXI of 1860 on 18th January, 1994.

The Society is governed by Board of Management which is chaired, ex-


officio, by Hon’ble Union Minister for Agriculture and Farmers Welfare as the
President and the Secretary, Department of Agriculture, and Farmers
Welfare, Government of India, is the ex-officio Vice-President.
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SFAC is implementing the central schemes of Government of India namely
VCA, EGCGS for economic inclusion of small and marginal farmers in
agribusiness activities.

Society is pioneer in organizing small and marginal farmers as Farmers


Interest Groups, Farmers Producers Organization and Farmers Producers
Company for endowing them with bargaining power and economies of scale.
It provides a platform for increased accessibility and cheaper availability of
agricultural inputs to small and marginal farmers and in establishing forward
and backward linkages in supply chain management. This initiative has
triggered mobilization of farmers for aggregation across the country with
ultimate aim of sustainable business model and augmented incomes.

Recently the Society has been entrusted with the task of implementation of
the critically important Delhi Kisan Mandi and National Agriculture Market
Scheme on e-platform to progressively free agricultural trade and offer price
discovery to farmers.

1.3.3 Goals of the Corporate Entity (ies): The transformation of SFAC into the
proposed corporate entity (ies) would target unleashing a new chapter of
growth in the history of SFAC. The following goals are proposed for the
entity (ies) in this regard:

i. To enhance functional autonomy, efficiency and unleash new growth


potential and innovation functions of SFAC.
ii. Improve flexibility and dynamism in decision making in the functioning of
SFAC.
iii. Improvement in the quality of its products by enabling new entity to follow
market-based quality practices.
iv. Optimum utilization of Human Resources.

1.3.4 Timelines for the project: The consultant shall commence work within a
week of signing of the contract and shall complete the assignment within a
period of 6 months with all the deliverables during the time. The contract can

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be extended for a further period of time for carrying out additional related
work, on mutually agreed terms and conditions between SFAC and the
Consultant.

1.4 SCOPE OF WORK

1.4.1 The Consultant shall work in close interaction with SFAC to produce a
comprehensive report for corporatisation of SFAC, keeping in mind the
background and goals. This must enable the SFAC to determine the best-
suited model for converting SFAC into one or more corporate entity (ies), in
light of the existing financial, legal, operational and economic scenario. The
Consultant shall provide its services in a manner propitious to the vision of
SFAC for corporatisation of SFAC. The Consultant will be required to
present various deliverables as outlined below based on discussions with the
SFAC.

1.4.2 Points to be covered in the project:

Phase I
(A) Strategic vision and roadmap

i. Create a 10-year strategic vision and roadmap for corporatized SFAC


to address long term requirements for the country.
ii. Outline options available for corporatisation and evaluate pros – cons
tradeoffs between the various options along dimensions like scale
benefits/ synergies in manufacturing etc.
iii. Global benchmarking of agriculture & public sector corporatisation
structures.
iv. Evaluate feasibility of various strategic options of converting SFAC into
a single agriculture PSU or as multiple PSUs.

(B) Organization & manpower related matters


v. Proposed organizational structure with layers, levels & span of control
definition for all functions while ensuring the new structures incorporate
best in class learnings.

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vi. Advise on organizational structure of the corporate entity with vertical
and horizontal structural linkages with management in the region and
field along with the implications of each model.
vii. Defining structure and decision-making power for the board of
directors.
viii. Define financial, administrative etc. delegation of powers to ensure that
the corporate entity(ies) functions with autonomy, on commercial lines
and with accountability, and is enabled to compare effectively in the
marketplace.
ix. Decisions relating to various categories of employees including
protection of salary and pension; terms of their transfer/absorption;
responsibility of pension liability of the employees etc.
x. To suggest options to achieve the optimum level of staffing for the
corporate entity(ies) including retraining, VRS etc.
xi. Suggest measures required to augment the existing organizational
resources to prepare for the new competitive corporate environment.
xii. Review the staffing/skill levels of existing manpower and suggest the
optimum redeployment, reallocation and rationalization of staff, keeping
in view the new organization structure and the competitive
environment.
(C) Strategic financing and structuring matters

xiii. Define overall financing strategy and roadmap in line with vision, goals
and operating model.

xiv. Create medium – long term projections of fund requirements.

xv. Assess the future financial viability including resource raising capability
of the corporate entity keeping in view the following:-

a) An appropriate capital structure of the corporate entity(ies).


b) Advise on transfer of assets and liabilities with or without revaluation.
c) Advise on appropriate accounting, costing, and financial control
systems to suit the twin objectives of operational flexibility and
accountability.
d) Identify the taxation issues for the new corporate entity(ies).

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xvi. Financial support that may be provided to the entity(ies) to make it an
economically viable and self-reliant unit for purposes like working
capital, modernization of equipment, settlement of employees’ dues
etc.

(D) Legal Issues

xvii. Reviewing and advising on all legal contracts including contracts with
employees etc.

xviii. Identify changes that need to be made to the existing statutes


governing SFAC to enable transformation of SFAC into corporate
entity(ies).

xix. Listing of litigations involving SFAC and advice on the transition of such
cases to the new entity(ies).

xx. Identify rules/ regulations of the Ministry of Agriculture that need to be


amended consequent to the corporatisation of SFAC.

xxi. Identify and list various approvals required for corporatisation at various
levels.

xxii. Draft Memorandum and Articles of Association of the company.

xxiii. Advise on labour laws in connection with the transfer of staff from the
existing entity to the corporate entity(ies).

xiv. Suggest steps and covenants (e.g. corporatisation agreements etc.)


required between Government of India and the corporate entity(ies) to
ensure that it is granted autonomy of function on commercial lines and
compete effectively with private operators.

Phase II

(A) Target operating model post corporatization

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i. Operating model for production & synchronization between various
production units.
ii. Define strategy as part of overall operating model in line with the best in
class industry practices and overall vision, and tactics requirements.
iii. Define structure for non-production entities like Training institutes,
Controllerates of Safety, Marketing Centres etc.
iv. Re-engineer processes to drive systemic improvements required in
important areas such as — Management, Fault Control, Customer
Interface, Image Building and PR, Project Management, Quality
Management and Costing of Services.
v. To determine and illustrate the outcome of the suggestions in terms of
various parameters such as financial and functional autonomy,
improvements in efficiency and capacity utilization, reduction in
production costs, outsourcing, improvements in quality, impetus to
exports etc., as mentioned in the intended goals of the Corporate
entity(ies).
vi. To carry out risk analysis for the various options and to suggest risk
mitigation measures.
(B) Long term capability Development
vii. Suggest measures required in transformation of existing employees to
be fitted into the new organizational structure, considering optimum
utilization of existing human resources and motivate them for maximum
productivity in the new competitive environment.
viii. grading staff knowledge, skills and attitudes for absorbing new
technologies and providing better customer services.

ix. Achieving professional management and work culture in various areas


including marketing, technical, human resources development,
materials, projects and finance.

(C) Implementation support - Project Management Office


x. Setup overall Project Management Office to track and monitor activities
required for corporatization.
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xi. Define long term roadmap with activities & responsibilities.
xii. Conduct reviews at regular intervals with key stakeholders to track
progress as per defined roadmap.
xiii. Prepare dashboards / review reports to keep key stakeholders informed
on progress as per roadmap.
xiv. Define processes and interventions required to transition existing power
to new organization structure in a phased manner.
xv. Create communication plan for organization to drive clarity on timelines
and next steps.
(D) Implementation support – Other issues
xvi. Keep all documents and record of discussions related to the
corporatisation process and provide a copy of the same - hard and soft-
duly indexed, page numbered SFAC as and when sought.
1.4.2.1 The ToR/ Scope of work mentioned above are indicative and non-restrictive
in nature. Other relevant services related to the corporatisation process, not
expressly captured in the aforesaid scope of work, which upon being brought
to the notice of the Consultant by SFAC, will also form an integral and
mandatory part of the ToR.

1.4.3 Deliverables, Time Frame and Payment Schedule

The Consultant shall commence work within a week of signing of the


contract and shall complete the assignment within a period of 6 months.
Once submitted, the report/inputs/ deliverables shall be the sole property of
SFAC and can be used by them in any manner felt necessary. The
contracted consultancy firm shall have no proprietary claim on any part/
whole report. The consultancy may also be required to make detailed
presentation(s) at every stage of report submission. The payment shall be
made on satisfactory completion of assigned task of the deliverables by
SFAC.

1.4.4 Place of Execution

The draft and final reports submission and the presentations will be at the
SFAC, New Delhi.

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1.5 Timeline frame for bidding

The time frame for the bidding process is as under:

Events Tentative Dates


Uploading of RFP on Central Public Procurement 20.01.2022
Portal
Start of Query Submission 20.01.2022
Pre-Bid meeting with Bidders 07.02.2022
Last date for receipt of bidders’ queries 07.02.2022
Response to queries 15.02.2022
Start of Bid submission 17.02.2022
Last Date and Time for receipts of Proposals 15.03.2022
Time & Date of opening of Technical bids 16.03.2022

Shortlisted Bidder presentations will be communicated to


shortlisted bidders via email
Opening of commercial bid will be communicated to
shortlisted bidders via email

1.6 INSTRUCTIONS TO THE BIDDERS

1.6.1 EOI cum RFP Proposal preparation Costs & related issues

a. The bidder is responsible for all costs incurred in connection with


participation in this process, including, but not limited to, costs incurred in
conduct of informative and other diligence activities, participation in
meetings/discussions/presentations, preparation of proposal, in providing
any additional information required by SFAC to facilitate the evaluation
process.
b. SFAC will in no case be responsible or liable for those costs regardless of
the conduct or outcome of the bidding process.
c. This EOI cum RFP does not commit SFAC to award a contract or to engage
in negotiations. Further, no reimbursable cost may be incurred in anticipation
of award or for preparing this EOI cum RFP.
d. All materials submitted by the bidder will become the property of SFAC and
may be returned completely at its sole discretion.

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1.6.2 Amendments to the EOI cum RFP Documents

SFAC reserves the right to amend or modify any part of the EOI cum RFP at
any stage. Such amendments/ modifications if any, shall be duly notified
similarly as the EOI cum RFP. SFAC also reserves the right to withdraw the
EOI cum RFP at any stage, should it so become necessary.

1.6.3 Right to Terminate the Process

a. SFAC may terminate the EOI cum RFP process at any time and without
assigning any reason. SFAC makes no commitments, express or implied,
that this process will result in a business transaction with anyone.

b. This EOI cum RFP does not constitute an offer by SFAC. The bidder's
participation in this process may result in short listing the bidders.

1.6.4 Earnest Money Deposit (EMD)


a. Bidders shall submit, along with their Proposals, an EMD of Rs. 50,000
(Rupees Fifty Thousands) only, in the form of Demand Draft in favour of
SFAC, New Delhi.
b. EMI of all unsuccessful bidders would be refunded by SFAC within 30 days
of the bidder being notified as being unsuccessful. SFAC, for the amount
mentioned above, of successful bidder would be returned upon submission
of Performance Bank Guarantee.
c. The EMD amount is interest free and will be refundable to the unsuccessful
bidders without any accrued interest on it.
d. The bid / proposal submitted without EMD, mentioned above, will be
summarily rejected.
e. The EMD may be forfeited:
 lf a bidder withdraws its bid during the period of bid validity.
 In case of a successful bidder, if the bidder fails to sign the contract in
accordance with this EOI cum RFP.

1.6.5 Submission of Proposals


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a. The bidders should submit their responses as per the format given in this
EOI cum RFP in the following manner:

(i) The BIDDER shall seal the Proposal in one outer and two inner
envelopes, as detailed below.

a. The Response to Technical Proposal and Financial Proposal should be


covered in separate sealed envelopes super-scribing, “Technical
Proposal” and “Financial Proposal” respectively.
b. The envelope containing the Financial Proposal should bear a warning as
“DO NOT OPEN WITH THE TECHNICAL PROPOSAL”.
c. The outer envelope should be marked with “EOI cum RFP for selection of
Consulting Services for providing strategic and implementation
management consulting services to assist SFAC in the process of
corporatisation and should also indicate clearly the name, address,
telephone number, E-mail ID and fax number of the bidder.

1.6.6 Submission of proposals

Technical and Financial proposal shall be submitted online only. However


following shall be submitted in hard copy (originals)
1. Power of Attorney.
2. Undertaking stating that firm/organization is not blacklisted.
3. Demand Draft of EMD (in case of EMD exemption under GFR, 2017,
GoI, the bidders shall submit bid security declaration in the format as
per Annexure-A.

and addressed to the Deputy Director (Admn.), SFAC, NCUI Auditorium


Building, 5th Floor, 3 Siri Institutional Area, August Kranti Marg, Hauz Khas,
New Delhi 110 016. The outer envelope must be further clearly marked
“Expression of Interest cum Request for Proposal (EOI cum RFP) For
Selection of Consultant For Providing strategic and implementation
management consulting services to Small Farmer’ Agri-Business
Consortium (SFAC) in the process of corporatisation of SFAC”.

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1.6.7 Late Proposals

a. Proposal received after the due date and the specified time (including the
extended period if any) for any reason whatsoever, shall not be entertained
at all shall be not be opened.
b. The bids submitted by e-mail etc. shall not be considered. No
correspondence will be entertained on this matter.
c. SFAC shall not be responsible for any postal delay or non-receipt/ non-
delivery of the documents. No further correspondence on the subject will be
entertained.

1.6.8 Period of validity of proposals

Proposals shall remain valid for Ninety (90) days after the date of proposal
submission prescribed by SFAC, pursuant to the deadline clause. A Proposal valid
for a shorter period may be rejected by SFAC on the grounds that it is non-
responsive.

In exceptional circumstances, SFAC may solicit the bidder’s consent to an extension


of the period of validity. The request and the responses thereto shall be made in
writing. A bidder consenting to such request will not be required nor permitted to
modify its Proposal.

1.6.9 Tender Opening

The proposal submitted will be opened online as per schedule at SFAC, New Delhi
by the officer(s) authorized by SFAC, in the presence of such of those Bidders or
their representatives who may be willing to be present at the time of bid opening.

1.6.10 Evaluation Process

a. SFAC will constitute an Evaluation Committee to evaluate the responses of


the bidders.
b. The Evaluation Committee constituted by SFAC shall evaluate the
responses to the EOI cum RFP and all supporting documents &
documentary evidence. Inability to submit requisite supporting documents

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or documentary evidence, may lead to rejection of the EOI cum RFP
proposal.
c. Each of the responses shall be evaluated to validate compliance of the
bidders according to the eligibility criteria, technical evaluation Forms and
the supporting documents specified in this document.
d. The decision of the Evaluation Committee in the evaluation of responses to
the Expression of Interest shall be final. No correspondence will be
entertained outside the evaluation process of the Committee.
e. The Evaluation Committee may ask for presentation / meetings with the
bidders to evaluate its suitability for the Consulting assignment.
f. The Evaluation Committee reserves the right to reject any or all proposals.
g. The Evaluation Committee would submit its recommendations to the
Competent Authority.

1.7 SELECTION CRITERIA & METHODOLOGY

1.7.1 High level desired capability of the Consultant

The Consultant should have a deep knowledge and wide experience of current
trends in agriculture industry in India and around the world, the strategies being
adopted by leading agriculture manufacturing companies, knowledge on
restructuring of agriculture production industry of India, process of corporatization in
India and demonstrated knowledge of various issues involved in restructuring
including personnel, organization, financial structure, accounts, legal, technologies
etc.

1.7.2 Eligibility Criteria/ Technical Bid Proposal

The technical bid proposal in the following format along with the supporting
documents to be uploaded.

1 Name and address of the company/ firm


2 Contact person details (Mobile, designation, email, address)
3 Incorporation certificate/ Year of establishment
4 GST Certificate
5 PAN

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6 Last three year annual turnover (CA Certified)
7 Power of Attorney
8 Self-certified letter for non-debarment/ blacklisting
9 Tender acceptance letter with all terms and conditions of the tender
10 Total experience Self-certified
11 Experience certificate relevant to the project

The following eligibility conditions for qualifying in technical bid

a. Agency should have satisfactorily done at least 2 similar projects in terms of


the broad scope and nature of the work in the last 5 years.

b. Experience:

(i) Minimum 5 years' experience in consultancy services relating to the broad


scope and nature of the work and

(ii) Firm should have completed at least 3 valuations in the last 5 years of
assets of similar nature of value Rs.10 Cr. or more in each case.

c. Turnover: Minimum Rs.10 Cr. per annum in Consultancy services during the
last 3 years (A Chartered Accountant certificate in this regard may be
submitted.)

d. Registration: Entities registered in India.

e. Past Experience in providing Consultancy in Agriculture sector (Global & India).

1.7.3 Selection methodology

1.7.3.1 Initial Bid scrutiny will be held and incomplete details as given below will be
treated as non- responsive. If Proposals;

 Are not submitted in as specified in the EOI cum RFP document.


 Received without the Letter of Authorization (Power of Attorney).
 Are found with suppression of details.
 With incomplete information, subjective, conditional offers and partial offers
submitted.

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1.7.3.2 Selection of Bidders will be on the basis of Quality cum Cost based
selection (QCBS) system:

 Proposals of bidders will be evaluated for minimum eligibility criteria.


 Technical proposals of only 'Eligible Bidders' will be evaluated as per process
& criteria mentioned below.

1.7.3.3 Proposals of the eligible Bidders during the process of evaluation finally be
ranked according to their combined score of the Technical proposal (ST)
and Financial proposal (SF) scores.

The weightage given to the technical and financial proposals are: Tw = 0.70, and Fw
= 0.30

Combined total score (S) = (ST x Tw) + (SF x Fw)

1.7.3.4 The Selected Bidder shall be the Bidder having the highest combined total
score(S). The second highest Bidder shall be kept in reserve and may be
invited for negotiations in case the first ranked Bidder withdraws, or fails to
comply with the requirements, as the case may be.

1.7.3.5 In the event the composite total score is 'tied' the bidder securing the
highest technical score will be adjudicated as the Best Value Bidder for
award of the Project.

1.7.4 Evaluation Criteria

1.7.4.1 The technical evaluation shall be based on the following criteria

S.No. Criterion Weightage


1. Presentation to be made before the SFAC ( in person
preferably or through VC, depending upon the 25
prevailing COVID 19 situation)
2.* Past experience in execution of similar project in last 5
years (handling mergers, demergers, amalgamations,
post-merger integration etc.).
 Less than 05 projects - 5 marks 25
 05 to 10 projects - 10 points
 11 or more projects - 25 points
3. * Past experience in execution of Corporatization

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projects in last 5 years
 Less than 5 years - 0 marks 25
 5 to 7 years - 15 marks
 8 years or more - 25 marks
4. * Past experience in providing consultancy services in
Agriculture sector (global and India)
 1 to 5 projects - 10 marks 25
 6 to10 projects - 15 marks
 11 or more projects - 25 points
* Attach copy of relevant projects / experiences.

1.7.4.2 Only bidders that score> = 60 on technical evaluation above will be eligible
for evaluation of financial proposal as below:

1.7.4.3 Financial proposal (SF) Evaluation

a) The Financial Bids of technically qualified bidders will be opened on the


prescribed date in the presence of bidder representatives.
b) If a firm quotes NIL charges/consideration, the bid shall be treated as
unresponsive and will not be considered.
c) The bidder with lowest qualifying financial bid (L 1) will be awarded 100%
score (amongst the bidders which did not get disqualified on the basis of point
b above). Financial scores for other than L- 1 bidders will be evaluated using
the following formula:-
Financial Score of a Bidder (SF) = (Financial Bid of L1/Financial Bid of the
Bidder) x 100%) (Adjusted to two decimal places)

d) Only fixed price financial bids indicating total price for all the deliverables and
services specified in this bid document will be considered.
e) The bid price will include all taxes and levies and shall be in Indian Rupees.
f) Any conditional bid would be rejected.
g) Errors & Rectification: Arithmetical errors will be rectified on the following
basis:-
“If there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price
shall be corrected. If there is a discrepancy between words and figures, the amount
in words will prevail”.

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1.7.5 Consortium Bids

a. Bidders are allowed to participate in consortium, with the following


conditions:-

(i) A consortium (the "Bidding Consortium") shall be considered bidder provided


that one of the members of the consortium shall be nominated as being in-
charge (the "Lead Consortium Member") and this authorization shall be
evidenced by submitting a power of attorney signed by legally authorized
signatories of all the members.

(ii) In case the Bidder being Indian Company is having collaboration with the
Company incorporated outside India (Foreign Company, having registered
office in India, established with RBI approval), the Bidder shall in respect of
such collaboration submit during certified/authenticated copies of the following
documents:-

 Certificate of Incorporation/ Registration certificate issued by the competent


authority under the law in force in the country of its incorporation;
 Memorandum and Articles of Association or document constituting the
company and regulating its affairs;
 List of board of directors on regulating/controlling body;
 Address of its place of business in India, if any;
 Audited annual financial statements and financial Net-worth for the last three
years only of foreign entity;

(iii) The Lead Consortium Member shall submit the Bid to the SFAC and shall be
liable towards fulfilling the obligations in this EOI cum RFP.
(iv) The Lead Consortium Member shall have a valid Good and Services Tax
Registration Number, Provident Fund (PF), Code and Permanent Accounts
Number (PAN) for the Republic of India.
(v) The Lead Consortium Member shall designate and authorize one person to
represent the Bidding Consortium in its dealings with the SFAC through
Power of Attorney to perform all tasks including, but not limited to, providing

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information, responding to inquiries, signing of Bid on behalf of the
Consortiums, etc.
(vi) Each member of the consortium shall have a registered office (under the
Companies Act, 1956 or 2013 with Registrar of Companies) and operations in
India.
(vii) Every Consortium Member shall provide consent to the Lead Consortium
Member and make itself aware of all the proceedings of the bidding process
and Project implementation through legally enforceable consortium
agreement, power of attorneys, legal undertakings, Letter of Consent etc.
entered amongst all members of that Bidding Consortium including. In the
absence of such documents, the Bid shall not be considered for evaluation
and will be rejected.
(viii) The Bidder /member of consortium should not be blacklisted/barred by any
Govt. Organization or Regulatory Agencies or Govt. Undertaking. Bidder
should submit a self -undertaking signed by its Authorized Signatories for the
same.
(ix) The bid, and in case of successful bid the specified Form of Agreement, shall
be signed so as to be legally binding on all consortium members (as per
enclosed format in bidding document).
(x) The Lead Consortium Member shall be authorized to incur liabilities and
receive instructions for and on behalf of any and all members of the
consortium, and the entire execution of the contract shall be done with the
Lead Consortium Member and payment under the contract shall be received
by the Lead Consortium Member on behalf of the consortium as per power
conferred to him in the Power of Attorney.
(xi) The Lead Consortium Member shall be liable for the entire contract in
accordance with the contract terms , while other Consortium Members shall
be liable severally for their portion of work. The statement to this effect shall
be provided along with EOI cum RFP submissions including the Bid Form and
Contract (in case of successful bid).
(xii) The Lead Consortium Member shall be liable for the entire contract in
accordance with the contract terms, while other consortium members shall be
liable severally for their portion of work. Only the Lead Consortium Member
shall have the authority to conduct all businesses for and on behalf of the
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consortium during the bidding process and, in the event the consortium is
awarded the Contract cannot be altered.
(xiii) Without prejudice to clause (xii) above, for the purpose of fulfilment of
obligations as laid down under the Contract where the SFAC deems fit and
unless the context requires otherwise, contractor shall refer to the Lead
Member who shall be the sole point of interface between the SFAC and the
Consortium and would be absolutely accountable for the performance of its
own, the other members of the consortium and/or its team's functions as also
the subcontractors.
(xiv) All payments shall be made by the SFAC in favour of the Lead Consortium
Member.

1.7.6 Debarment :
Debarment rules as prescribed in GFR, 2017, shall be applicable, as follows:
(i) A bidder shall be debarred if he has been convicted of an offence;
i under the Prevention of Corruption Act, 1988 ( an amendment thereof);
or
ii the Indian Penal Code or any other law for the time being in force, for causing
any loss of life or property or causing a threat to public health as part of
execution of a public procurement contract.
(ii) A bidder debarred under sub-section (i) or any successor of the bidder shall
not be eligible to participate in a procurement process of any procuring entity
for a period not exceeding three years commencing from the date of
debarment.
(iii) The SFAC may debar a bidder or any of its successors, from participating in
any procurement process undertaken by it, for a period not exceeding two
years, if it determines that the bidder has breached the code of integrity.

1.7.7 Appointment of Consultant

1.7.7.1 Award Criteria

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The SFAC will award the contract to the successful bidder whose proposal has been
determined to be substantially responsive and has been determined as the most
responsive bids as per the process outlined above.
1.7.7.2 Right to accept any proposal and to reject any or all proposal(s)

The SFAC reserves the right to accept or reject any proposal, and to annul the
tendering process/Public procurement process and reject all proposals at any time
prior to award of the contract, without thereby incurring any liability to the affected
bidder or bidders or any obligation to inform the affected bidder or bidders of the
ground for action of the SFAC

1.7.7.3 Signing of Contract

On submission of performance guarantee by the successful bidder, the SFAC shall


enter into a contract, incorporating all clauses, pre-bid clarifications and the proposal
of the bidder between the SFAC and the successful bidder.

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

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Annexure –‘A’

Performa of Bid Security Declaration in lieu of EMD


(To be submitted by bidder on its Company Letterhead (scanned copy)

It is here by submitted that if I/We …………………………………….... (Name of


bidder/firm/company) withdraw or modify the bids during period of validity, or if
I/We………………………………………… (Name of bidder/firm/company) are
awarded the contract and I/We………………………………………… (Name of
bidder/firm/company) fail to sign the contract or to submit a performance security
before the deadline defined in the tender documents,
I/We…………………………………………... (Name of bidder/firm/company) will be
suspended to take part in SFAC’s tendering process for the period of one years from
the date of occurrence of the above mentioned default.”

Date:

Authorized Signatory

Name & Seal

Page 21 of 21

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