Yes Tech Manual 2023
Yes Tech Manual 2023
Yes Tech Manual 2023
8 Author(s)
1
Pradhan Mantri
Fasal Bima Yojana
Acknowledgements
We wish to acknowledge our sincere thanks to Shri Manoj Ahuja, Secretary, Department of
Agriculture & Farmers Welfare, Ministry of Agriculture & Farmers Welfare, Government of India
for giving us this opportunity as well as guiding us to develop the current document.
Our sincere thanks are due to Shri Ritesh Chauhan, Joint Secretary (Credit) & CEO-PMFBY,
DA&FW for his critical comments and pragmatic ideas from time to time to improve this Manual.
Our gratitude towards Late. Dr. Shibendu S. Ray, Former Director, MNCFC, for initiating pilot
studies on technology-based yield estimation and various other technology interventions under
PMFBY.
Special thanks are due to Shri Brijesh Kumar Dixit, former Commissioner (Agriculture),
Government of Karnataka, for his critical comments on the draft Manual.
We extend special thanks to CPMU-PMFBY team members, Shri Ajay Karan Singh, National
Project Director, Shri Sourabh Pargal (Remote Sensing & GIS Expert), Shri Ashutosh Gavli
(Remote Sensing & GIS Expert) and Shri Aditya Bajaj (Procurement Specialist) for their
constant support in preparing this report. Also, special thanks to Shri Ravish Kumar Lohia,
Manager (Legal), Agriculture Insurance Company of India Limited, for providing legal expertise in
reviewing and vetting of this Manual, the tender document and the Tripartite Agreement.
Last but not least, many thanks go to the all-empanelled Insurance Companies and State
Department of Agriculture, who have invested their time and providing valuable feedback and
suggestions from time to time.
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Appendix 1
(Refer Clause 1.5.2)
B. General SOP
The framework of model implementation is presented in Fig 2. Satellite-based crop mapping, satellite
and weather data analysis for generating crop health indicators, field data collection and analysis,
yield modelling, and insurance loss assessment are important tasks in this framework.
• Intensive monitoring
of crops from sowing
to harvesting,
• Multiple indicators of
crop condition
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PAR
Satellite based
Sentinel Sowing/Trans
LSWI NDVI planting Date
fAPAR
Seasonal
PAR
Harvest
Index, HI Yeild
PAR-Photosynthetically Active Radiation, APAR-Absorbed PAR by the Crop, fAPAR-fraction of APAR, LSWI-Land
Surface Water Index, NDVI-Normalized Difference Vegetation Index, RUE-Radiation Use Efficincy, CCE-Crop Cutting Experiments
1.1 Methodology
The generation of an accurate crop map for the current and historical years is the first important
step in all the five approaches. Crop layers can be generated using SAR and Optical medium
resolution (5-30 m) satellite data. The standard widely adopted methodology must be followed for
crop mapping.
The classification procedure has to be performed for each district separately, and the outputs are to
be verified extensively by superimposing on cloud-free optical data of appropriate months when the
crop was at maximum vegetative phase. Field data points are used to check the classification
performance. It is to be ensured that commission errors are <10% and omission errors can be
accommodated up to 20%. By adopting this strategy on mapping error, the IU average crop health
indicators represent the crop pixels more closely.
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52
SECTION 2
Model Tender Document
Pradhan Mantri
Fasal Bima Yojana
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Tender Notice
Implementation of Yield Estimation System based on
Technology (YES-TECH) under Pradhan Mantri Fasal
Bima Yojana (PMFBY) & Restructured Weather Based
Crop Insurance Scheme (RWBCIS)
The Department of <Name of Department>, Government of <Name of State/UT>
invites quotations from experienced agencies for Implementation of Yield
Estimation System based on Technology (YES-TECH) in the state of <state
name>, for the <season, year> under Pradhan Mantri Fasal Bima Yojana
(PMFBY)/Restructured Weather Based Crop Insurance Scheme (RWBCIS)
The Tender Document can be uploaded online on <website> and copies can be
sent through email to <email-ID>
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Bid Schedule
Particulars Details
Selection Of Technology Implementing Partner
(TIP) for Implementation of Yield Estimation
System based on Technology (YES-TECH)
Assignment Name
under Pradhan Mantri Fasal Bima Yojana
(PMFBY) & Restructured Weather Based Crop
Insurance Scheme (RWBCIS
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1. Introduction
This tender document is for obtaining services of reputed empanelled technical/research
agencies for Insurance Unit (IU) level Crop Yield Estimation Using Specified
Technology/models for Pradhan Mantri Fasal Bima Yojana (PMFBY) as per the YES-TECH
Manual 2023 notified under PMFBY as amended from time to time. The study should be
carried out for <Crop Name> from <season> <YYYY>, to <season> <YYYY>, and may be
extended depending upon the requirement of <Issuing organization/authority name>.
Presently, services are required for IU level implementation of YES-TECH in <number of
districts> in <Name of the State> state.
In case any difference is found in interpretation or reference of terms & conditions and various
provisions as mentioned in the Tender document, the terms & conditions and provisions of
the YES-TECH Manual 2023, as amended from time to time, shall be final and binding in all
situations to all stakeholders.
2. Submission Of Bids
2.1. The Bidders should submit their Bid along with the EMD, Annexures, Certificates and other
required documents as stated in the tender document, in the prescribed mode as per the
Financial Rules prevailing in the State. In case the bids are submitted physically, the same
shall be submitted in sealed envelopes in the following manner:
a. All signed Annexures, documents for EMD, should be submitted in an envelope
superscribed as:
“All signed Annexures, documents for EMD for tender document Ref:______________(Doc
Number), For Selection of TIP for YES-TECH Implementation
SUBMITTED BY (Bidder's Name)”
b. Commercial Bid – Hardcopy for the Commercial Bid should be in a separate sealed envelope
super- scribed as:
“COMMERCIAL BID for tender document Ref: ________________ (Document number)” dated
<DD/MM/YYYY>, For Selection of TIP for YES-TECH Implementation.
SUBMITTED BY (Bidder's Name)”
2.2. All the envelopes should clearly indicate the name, address, telephone number, E-mail ID of
the bidder.
2.3. The hardcopies of the bid (all documents and Annexures submitted as a part of bid or called
for by the State) must be duly signed on each page and stamped on each page. Bid shall be
signed by the Bidder, or a person duly authorized to bind the Bidder to the Tripartite
Agreement (TA). Authorization by the bidder for the signatory shall be in form of a Power of
Attorney or a duly certified copy of the Board resolution appointing the authorized signatory.
The person signing the bid shall sign all pages of the bid, except for un-amended printed
literature.
2.4. Any bid received after the due date and time for receipts of bids as prescribed in this Tender
document will not be considered and returned unopened to the bidder.
2.5. The Online submission of bids along with uploading of all the documents shall be made on
<name of the website/portal>. The hard copies of the documents, if required by the State
along with the EMD shall be submitted to the address specified in this Tender document
before the last date of submission of bids.
2.6. The Bidders may submit their queries or seek clarifications through email before the last date
for submission for queries as specified in the schedule. A clarification to the queries shall be
provided to the bidders and the same shall be published on the website.
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a. If a bidder withdraws his bid during the period of bid validity specified above.
b. In the case of a successful bidder, if the bidder withdraws or amends the tender document
or impairs or derogates from the tender document.
c. In case of the successful bidder, if the bidder fails to sign the Tripartite Agreement (TA)
within the stipulated timelines.
d. In case successful bidder fails to submit the performance security, within the stipulated
timelines.
8. Performance Review:
The performance evaluation of the TIP shall be done as per the Monitoring and Evaluation
(M&E) framework, as described in the YES-TECH Manual 2023, as amended from time to
time.
9. Performance Security
9.1. The Performance Security shall be 5% to 10% of the cost of the project for 1 year i.e., for Kharif
and Rabi seasons combined and shall be submitted within 15 days of signing of the Tripartite
Agreement.
9.2. The amount of performance security may be paid through Account Payee DD/Fixed Deposit
Receipt (FDR)/ Bank Guarantee (PBG)/Insurance Bonds in favour of “Pay & Accounts
…………………………………”.
9.3. The performance security shall be valid for at least 60 (Sixty) days beyond the completion of
the period of Tripartite Agreement and shall be denominated in Indian rupees payable at
_________, India issued by a scheduled bank in India through its branch in _________, India.
9.4. The performance security shall be discharged by <issuing Organization name/authority and
address> and returned to the TIP within 60 days from the date of final certificate, certifying
the fulfilment of the performance obligations under this Tender Document. However, it is
clarified that the performance security shall be interest free.
9.5. The TIP shall furnish amendment to the performance security, if required, within 15 working
days of notification.
10. Notification of Award
10.1. The notification of award shall be issued to the successful bidder (L1) within 5 working days
from date of bid opening whereafter, the successful bidder shall accept the award within 2
working days.
10.2. The acceptance of the Bid based on Least Cost System (LCS), will be communicated by way of
placing a notification of award in writing at the address supplied by the Bidder in the Bid
document and/or on the <website>. Any change of address of the Bidder should therefore be
notified promptly to the State Government at the address given in this tender document.
10.3. The Successful Bidder shall be required to enter into a Tripartite Agreement (TA) as per the
draft Tripartite Agreement (TA) with the State/UT and the MITR, within 15 working days of
the award of the work. This Tripartite Agreement shall be based on this tender document,
YES-TECH Manual and such other terms and conditions as may be determined by <Name of
State/UT> to be necessary for the due performance of the work, as envisaged herein and in
accordance with the Bid.
10.4. In case L1 withdraws its bids, or fails to sign the Tripartite Agreement (TA), the State
Government may take appropriate action as per the prevailing financial rules including re-
tender.
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Example:
For crops other than CMM-1, State Government (Madhya Pradesh and Maharashtra) has sought
pricing for Soybean and Cotton crop in 15 and 12 Clusters respectively, during Kharif 2023 season
and Gram and Mustard crops in 5 and 20 districts respectively, during Rabi 2023-24 season for
implementation of YES-TECH.
Further Bidder-1 has quoted rate of Rs. 800/- per Cluster for all the crops in both Kharif and Rabi
seasons. Therefore, total amount quoted by Bidder-1 for Soybean crop in Kharif 2023 will be 15 x 800
= Rs. 12,000/-, total amount quoted by Bidder-1 for Cotton crop in Kharif 2023 will be 12 x 800 = Rs.
9,600/-, total amount quoted by Bidder-1 for Gram crop in Rabi 2023-24 will be 5 x 800 = Rs. 4,000/-
and total amount quoted by Bidder-1 for Mustard crop in Rabi 2023-24 will be 20 x 800 = Rs.
16,000/-.
Accordingly, similar calculation can be done for remaining seasons of the tender cycle and Bidder-1
will arrive at cumulative total of Rs. 1,28,800/- for six seasons for crops other than CMM-1.
Similar calculations can be done for the remaining bidders and the final rate for the selection of L1
bidder can be arrived as illustrated in the tables below (Table 5 to Table 9).
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12. Implementation of subsequent CMMs (CMM-2, CMM-3, ……. and so on) to be notified
under YES-TECH between tender cycle of 2023-24 to 2025-26
12.1. For implementation of subsequent CMM crops between the tender cycle for the years
2023-24 to 2025-26, the selected TIP for CMM-1 will also continue to work as TIP for
subsequent CMM crops.
12.2. The size and the grouping of the cluster shall conform with the PMFBY district clustering
as notified by the respective States/UTs.
12.3. Reference Crop: Crop having highest area in the /cluster/state (as the case may be), in
the previous year, in CMM-1 or subsequent CMMs will be considered as reference crop for
calculating the cost for crops notified under subsequent CMMs.
12.4. The cost for subsequent CMM will be discovered by taking the cost per unit area, of the
reference crop in the relevant clusters.
12.5. In case of implementation of subsequent CMM in a cluster where CMM-1 has not been
implemented, the rate for subsequent CMMs will be discovered through the cost per unit
area of the reference crop at state level.
12.6. For any change in crops or district, the TIP should duly be informed and the same shall be
binding on the TIP.
12.7. Payment shall be made as per the actual execution of work based on season wise rate
discovered for the concerned year.
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Table 10: Illustration for calculation of cost per cluster per crop
for subsequent CMM in current tender cycle
Example: In Rabi 2023-24 wheat and paddy crops covered under CMM-1. Previous year area of
Paddy (170 ha) is greater than area of wheat (130 ha). In this case paddy crop will be considered as
reference crop for Rabi 2023-24 season. Further, for discovering the cost of subsequent CMM crop i.e.
Gram, the cost will be calculated by L1 rate per cluster for Paddy Crop (800) divided by area of
reference crop (170) i.e. 800/170=4.70 Rs./hectare multiplied by area of subsequent crop Gram i.e.
80*4.70=376 Rs./cluster.
13. Payment Terms
The Department will release funds for implementing YES-TECH to TIP as per the Payment
Terms mentioned in the YES-TECH Manual 2023, as amended from time to time.
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14. Penalty
The Government of <name of the State/UT> reserves the right to impose penalties and recover
damages from the TIP as per the YES-TECH Manual 2023, as amended from time to time, in
case of non-performance of the Agreement by the TIP, breach of the terms of the Tripartite
Agreement/tender document/YES-TECH Manual, delay in performance of work or any other
non-compliance as contained in the YES-TECH Manual 2023, as amended from time to time.
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Annexure I
(Refer Clause 6)
[On the Letter Head of the TIP]
INTEGRITY PACT
Between
Department of (Name of Department) of Government of (Name of State)
hereinafter referred to as “The Principal”
and
M/s <Name of Technology Implementing Partner (TIP)>
hereinafter referred to as “The Bidder”.
Preamble
The Principal intends to engage Agency, under laid down organizational procedures, for
implementation of YES-TECH in <name of the State/UT>. The Principal values full compliance with
YES-TECH Manual 2023, as amended from time to time, and all relevant laws of the land, rules,
regulations, economic use of resources and of fairness / transparency in its relations with its
Bidder(s).
In order to achieve these goals, the Principal has appointed <Name of the Authority/Contract
Management Committee> who will monitor the Bid process and the execution of the Tripartite
Agreement for compliance with the Principal mentioned above.
Section 1 – Commitments of the Principal
1. The Principal Commits itself to take all measures necessary to prevent corruption and to observe
the following principles: -
a. No employee of the Principal, personally or through family members, will in connection with
the Tender for, or the execution of a Tripartite Agreement, demand, take a promise for or
accept, for self or third period, any material or immaterial benefit which the person is not
legally entitled to.
b. The Principal will, during the Tender process treat all Bidder(s) with equity and reason. The
Principal will in particular, before and during the Bid process, provide to all Bidder(s) the
same information and will not provide to any Bidder(s) confidential /additional information
through which the Bidder(s) could obtain an advantage in relation to the Bid process or the
execution of Tripartite Agreement.
c. The Principal will exclude from the process all known prejudiced persons.
2. If the Principal obtains information on the conduct of any of its employees which is a
criminaloffence under the IPC / PC Act, or if there be a substantive suspicion in this regard, the
Principal will inform the Chief Vigilance Officer/appropriate authority and in addition can
initiate disciplinary actions.
Section 2 – Commitments of the Bidder(s)
1. The Bidder(s) commit himself to take all measures necessary to prevent corruption. He commits
himself to observe the following principles during his participation in the Bid process and during
the Tripartite Agreement execution.
a. The Bidder(s) will not directly or through any other person or firm, offer, promise or give to
any of the Principal's employees involved in the Tender process or the execution of the
Tripartite Agreement or to any third person any material or other benefit which he / she is
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not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever
during the Tender process or during the execution of the Tripartite Agreement.
b. The Bidder(s) will not enter with other Bidders into any undisclosed agreement or
understanding, whether formal or informal. This applies in particular to prices,
specifications, certifications, subsidiary contracts, submission or non-submission of bids or
any other actions to restrict competitiveness or to introduce cartelization in the bidding
process.
c. The Bidder(s) will not commit any offence under the relevant IPC / PC Act, further the
Bidder(s) will not use improperly, for purposes of competitive or personal gain, or pass on to
others, any information or document provided by the Principal as part of the business
relationship, regarding plans, technical proposals and business details, including
information contained or transmitted electronically.
d. The Bidder(s) of foreign origin shall disclose the name and address of the Agents /
representatives in India, if any. Similarly, the Bidder(s) of Indian Nationality shall furnish
the name and address of the foreign principals, if any. Further details as mentioned in the
“Guidelines on Indian Agents of Foreign Suppliers” shall be disclosed by the Bidder(s).
Further, as mentioned in the Guidelines all the payments will be made in Indian Rupees
Only.
e. The Bidder(s) will, when presenting his bid, disclose any and all payments he has made, is
committed to or intends to make to agents, brokers or any other intermediaries in
connection with the award of the work order.
f. Bidder(s) who have signed the Integrity Pact shall not approach the Courts while
representing the matter to <Name of the Authority/Contract Management Committee> and
shall wait for their decision in the matter.
2. The Bidder(s) will not instigate third persons to commit offences outlined above or be an
accessory to the offences.
Section 3 – Disqualification from Bid process and exclusion from future Contracts
If the Bidder(s), before award or during execution has committed a transgression through a violation
of Section 2, above or in any other form such as to put his reliability or credibility in question, the
Principal is entitled to disqualify the Bidder(s) from the Tender process or take action as per the
procedure mentioned in the “Guidelines on Banning of business dealings”.
Section 4 – Compensation for Damages
1. If the Principal has disqualified the Bidder(s) from the Tender process prior to the award
according to Section 3, the Principal is entitled to demand and recover the damages equivalent
to Earnest Money Deposit / Bid Security.
2. If the Principal has terminated the Tripartite Agreement according to Section 3, or if the
Principal is entitled to terminate the Tripartite Agreement according to Section3, the Principal
shall be entitled to demand and recover from the TIP damages as per the YES-TECH Manual.
Section 5 – Previous transgression
1. The Bidder declares that no previous transgressions occurred in the last 3 years with any other
Company in any country conforming to the anti-corruption approach or with any other Public
Sector Enterprise in India that could justify his exclusion from the Tender process.
2. If the Bidder makes incorrect statement on this subject, he can be disqualified from the Tender
process or action can be taken as per the procedure mentioned in “Guidelines on Banning of
business dealings”.
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Place: __________________
Date: <DD/MM/YYYY>
Witness 1:
Witness 2 :
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Annexure II
(Refer Clause 6)
[On the letter head of the TIP]
UNDERTAKING LETTER
To, Date: <DD/MM/YYYY>
_________________,
Department of Agriculture,
Government of <name of State/UT>
____________________,
____________________
Dear Sir,
Sub: Tender for Implementation of YES-TECH
Having examined the Tender documents including all annexure the receipt of which is hereby duly
acknowledged, we, the undersigned, offer to provide the services as mentioned in Tender document
in conformity with the said Tender documents and the YES-TECH Manual and in accordance with
the financial bid.
H. We understand that the Tender document provides generic specifications about all the items,
and it has not been prepared by keeping in view any specific bidder. We have ensured ourselves
about the eligibility criteria before submitting the tender.
I. We have read, understood and accepted the terms/ conditions/ rules mentioned in the Tender
document and the YES-TECH Manual.
J. We undertake that in competing for and if the award is made to us, in executing the subject
tender, we will strictly observe the laws against fraud and corruption in force in India namely
“Prevention of Corruption Act 1988”.
K. We certify that we are not blacklisted currently by any Government/ Ministry/Department/PSU
nor debarred currently from dealing with any company/ public department.
L. We certify that we are registered with all Government /statutory authorities as required in the
normal course of business to render similar services.
M. We understand that the Government of <name of the State/UT> is not bound to accept the lowest
or any offer it may receive. We also understand that the whole bidding exercise may be scrapped
without assigning any reason and it is acceptable to us.
N. Upon being selected as L1 bidder, we undertake to enter into a Tripartite Agreement with the
Government of <name of the State/UT> and submit the Performance Security within the
timelines prescribed in the tender document. We undertake to comply all the terms and
conditions of the tender document and the YES-TECH Manual.
O. We undertake to carry out the Study and the work as per YES-TECH Manual.
P. We understand that if we withdraw or modify our Bids during the period of validity, or if we are
awarded the tender and we fail to submit the required performance security before the deadline
defined in the request for bids document, we will be suspended for the period of three years from
being eligible to submit Bids for tenders with Government of <name of the State/UT> and the
EMD shall be forfeited by Government of <name of the State/UT>.
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Q. We hereby certify that we have submitted the following documents in the requested format along
with this undertaking:
1. Annexure A: A brief description of the agency’s background mentioning the address of its
registered head office, the address of the local office in India, contact no. (Mobile, landline, fax
and email id), names of important persons who may be contacted etc.
2. Annexure B: Certificate of Incorporation/ Registration of Agency/ Memorandum and Articles
of Association/Partnership Deed/ Proprietorship Deed/ Declaration of Proprietorship etc. as
the case may be.
3. Annexure D: Copy of PAN/TAN card.
4. Annexure E: Proof of Bid Security (EMD) of <Amount in Rs.>
5. Annexure F: Non-Disclosure Agreement
6. Annexure G: Letter of Authority/Power of Attorney/Board Resolution/any other document
indicating unequivocable authority to sign and submit the bid.
R. We also understand that Government of <name of the State/UT> has the exclusive right to reject
this offer in case Government of <name of the State/UT> is of the opinion that the required
information is not provided or is provided in a different format. It is also confirmed that the
information submitted is true to our knowledge and Government of <name of the State/UT>
reserves the right to reject the offer if anything is found incorrect.
Place:
Date: <DD/MM/YYYY> (Seal and signature of the authorized signatory of TIP)
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Annexure III
(Refer Clause 6)
FINANCIAL BID
(On the letter head of the TIP)
To, Date: <DD/MM/YYYY>
_________________,
Department of Agriculture,
Government of <name of State/UT>
____________________,
____________________.
Dear Sir,
In terms of the TENDER document, we submit herewith the following financial bid:
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Note:
1. The rates quoted are inclusive of all items as mentioned in the scope of work and all other
charges including but not limited to travel, accommodation, mobilization charges, etc.
2. The quoted rates shall be exclusive of GST only.
3. Rates should be quoted (without any overwriting, correction, error, omission, etc.
Correction, if any, should be properly attested by the TIP) In case of discrepancy, the rates
mentioned in the words will be taken for consideration.
4. Where there is a discrepancy between the unit rate and the line-item, total resulting from
multiplying the unit rate by the quantity, the unit rate will govern unless, in the opinion of
Government of <name of State/UT>, there is an obvious error such as rounding offer,
misplacement of a decimal point etc., in which case the line-item total will prevail.
5. The financial bid shall be valid up to 90 days from the date of opening of the bid.
Place:
Date: <DD/MM/YYYY (Seal and signature of the authorized signatory of TIP)
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Annexure IV
(Refer Clause 6)
NON-DISCLOSURE AGREEMENT (NDA)
between
<Name of State/UT> Government & <Name of TIP>
THIS AGREEMENT is entered into on this ___Day of _<Month>, YYYY,
Between:
<Name of TIP> (Hereinafter referred to as Receiving Party”) whose expression shall include its
nominees, permitted assigns and legal representatives on the first part
AND
<Name of State/UT > Government (hereinafter referred to as “Disclosing Party”), which expression
shall include its successors, permitted assigns and legal representatives on the second part
WHEREAS The <Name of TIP> has been awarded the work of Implantation of YES-TECH framework
as brought out by YES-TECH Manual 2023, in the <Name of the State/UT> by virtue of Tripartite
Agreement (TA) dated <DD/MM/YYYY>. (Hereinafter referred to as “the Work”).
WHEREAS in connection with the Work, it may be necessary or desirable for Disclosing Party to
disclose to Receiving Party confidential information relating to Work or the Disclosing Party has
already disclosed such information as on the date of execution of this agreement as defined
hereinafter (“the Confidential Information”). Now, it is desirable by the Disclosing Party that no
use, disclosure or dissemination shall be made or has been made by the Receiving Party to any
third party, of the Confidential Information other than in the circumstances specified and
permitted hereinbelow by the Disclosing Party. Hence this agreement.
NOW THE AGREEMENT WITNESSETH AS FOLLOWS
Definition of Confidential Information
(a) For purposes of this Agreement, “Confidential Information” refers to any data, document,
information etc. of whatsoever nature, supplied by the Disclosing Party, whether proprietary or
non-proprietary to the Disclosing Party and not generally known to the public, whether in
tangible or intangible form, in whatever medium provided, whether unmodified or modified by
Disclosing Party whenever and however disclosed, including, but not limited to: (i) any
marketing strategies, plans, financial information, projections, operations, sales estimates,
business plans and performance results relating to the past, present or future business
activities of the Disclosing Party, its affiliates, subsidiaries and affiliated companies; (ii) plans for
products or services, and customer or supplier lists; (iii) any scientific or technical information,
invention, design, process, procedure, formula, improvement, technology or method; (iv) any
concepts, reports, data, know-how, works-in-progress, designs, development tools,
specifications, computer software, source code, object code, ow charts, databases, inventions,
information and trade secrets; and (v) any information generated by the Receiving Party that
contains, reects, or is derived from any of the foregoing. Confidential Information need not be
novel, unique, patentable, copyrightable or constitute a trade secret in order to be designated
Confidential Information. The Receiving Party acknowledges that the Confidential Information
may be proprietary or non-proprietary (including information submitted under any NDA with
any other entity to whom such information is proprietary) to the Disclosing Party, has been
developed and obtained through great efforts by the Disclosing Party and that Disclosing Party
regards all of its Confidential Information as trade secrets.
(b) Notwithstanding anything in the foregoing to the contrary, Confidential Information shall not
include information which: i) was lawfully possessed except under any NDA, as evidenced by the
Receiving Party's records, by the Receiving Party prior to receiving the Confidential Information
from the Disclosing Party; (ii) becomes rightfully known by the Receiving Party from a third-party
source not under an obligation to the Disclosing Party to maintain confidentiality; (iii) is
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generally known by the public through no fault of or failure to act by the Receiving Party
inconsistent with its obligations under this Agreement; (iv) is required to be disclosed in a
judicial or administrative proceeding, or is otherwise requested or required to be disclosed by
law or regulation; and (v) is or has been independently developed by the Receiving Party without
violation of the terms of this Agreement, as evidenced by the Receiving Party's records, and
without reference or access to any Confidential Information.
Disclosure of Confidential Information
From time to time, the Disclosing Party may disclose Confidential Information to the Receiving Party.
The Receiving Party will: (a) keep all Confidential Information strictly confidential by using a
reasonable degree of care, but not less than the degree of care used by it in safeguarding its own
confidential information; and (b) not disclose any Confidential Information received by it to any third
parties (except as otherwise provided for herein).
Use of Confidential Information
The Receiving Party agrees to use the Confidential Information solely and exclusively in connection
with the scope of the Work and not for any purpose other than as authorized, with the prior written
consent of an authorized representative of the Disclosing Party. No other right or license, whether
expressed or implied, in the Confidential Information is granted to the Receiving Party hereunder.
Title and all rights including Intellectual Property Rights to the Confidential Information shall be and
vest solely in the Disclosing Party. The Confidential Information by the Receiving Party shall be solely
used for the purpose of said Work and not for any other purposes whatsoever and any modifications
and improvements thereof by the Receiving Party shall be the sole property of the Disclosing Party.
Compelled Disclosure of Confidential Information
Notwithstanding anything in the foregoing to the contrary, the Receiving Party may disclose
Confidential Information pursuant to any governmental, judicial, or administrative order, subpoena,
provided that the Receiving Party promptly notifies, to the extent practicable, the Disclosing Party in
writing of such demand for disclosure so that the Disclosing Party, at its sole expense, may seek to
make such disclosure subject to a protective order or other appropriate remedy to preserve the
confidentiality of the Confidential Information; provided that the Receiving Party will disclose only
that portion of the requested Confidential Information that, in the written opinion of its legal counsel,
it is required to disclose under this Para. The Receiving Party agrees that it shall not oppose and shall
cooperate with efforts by, to the extent practicable, the Disclosing Party with respect to any such
request for a protective order or other relief. Notwithstanding the foregoing, if the Disclosing Party is
unable to obtain or does not seek a protective order and the Receiving Party is legally requested or
required to disclose such Confidential Information, disclosure of such Confidential Information may
be made without liability.
Remedies
The Receiving Party acknowledges that the Confidential Information to be disclosed hereunder is of a
unique, sensitive and valuable character and includes all trade secrets, and that the unauthorized
dissemination of the Confidential Information would destroy or diminish the value of such
information and also impact the business of the Disclosing Party. The damages to Disclosing Party
that would result from the unauthorized dissemination of the Confidential Information would be
impossible to calculate. Therefore, the Receiving Party hereby agrees that the Disclosing Party shall
be entitled to injunctive relief preventing the dissemination of any Confidential Information in
violation of the terms hereof. Such injunctive relief shall be in addition to any other remedies
available hereunder, whether at law or in equity. The Disclosing Party shall be entitled to recover its
costs and fees, including reasonable attorneys' fees, incurred in obtaining any such relief. Further,
in the event of litigation relating to this Agreement, the Disclosing Party shall be entitled to recover its
reasonable attorney's fees and expenses. As such, the Receiving Party hereby undertakes to
indemnify and hold harmless the Disclosing Party from and against any loss or damage suffered,
including all costs, expenses, attorney's fees, loss of income, incurred to the Disclosing Party due to
breach or noncompliance of the terms and conditions of this agreement
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For and on behalf of <Name of the For and on behalf of <Name of TIP>
Department>, Government of <Name of
State/UT> Name: ____________________
Date: <DD/MM/YYYY>
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List of Abbreviations
ANGRAU Acharya N. G. Ranga Agricultural University
ARG Automatic Rain Gauge
AWS Automatic Weather Station
AY Actual Yield
BISA Borlaug Institute for South Asia
CART Classification and Decision Tree
CCEs Crop Cutting Experiments
CCM/CHM Crop Condition Monitoring/Crop Health Monitoring
CHF Crop Health Factor
CIMMYT International Maize and Wheat Improvement Center
CRIDA Central Research Institute for Dryland Agriculture
CROPIC Collection of Real Time Observations and Photo of Crops
CSM Crop Simulation Model
CV Coefficient of Variation
DA&FW Department of Agriculture and Farmers Welfare
DEM Digital Elevation Model
DNN Deep Neural Network
DSSAT Decision Support System for Agro-technology Transfer
EMD Earnest Money Deposit
FAPAR Fraction of Absorbed Photosynthetically Active Radiation
GP Gram Panchayat
GT Ground Truth
HARSAC Haryana Space Applications Centre
HI Harvest Index
IASRI Indian Agricultural Statistics Research Institute
ICAR Indian Council of Agricultural Research
IIT Indian Institute of Technology
IMD India Meteorological Department
IP&GIS Image Processing and Geographical Information System
ISRO Indian Space Research Organization
IT Information Technology
IUs Insurance Units
LSWI Land Surface Water Index
MAPE Mean absolute percentage error
MITR Mentor Institutions for Technology Rollout
MNCFC Mahalanobis National Crop Forecast Centre
MoA&FW Ministry of Agriculture and Farmers Welfare
MODIS Moderate Resolution Imaging Spectro-radiometer
MOSDAC Meteorological and Oceanographic Satellite Data Archival Centre
MSA Mid-Season Adversity
NAS Network Attached Storage
NASA National Aeronautics and Space Administration
NBSSLUP National Bureau of Soil Survey & Land Use Planning
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103
SECTION 3
Tripartite Agreement
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Implementation of YES-TECH
under
among
and
and
TA Period: _____________________________
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Tripartite Agreement
This Tripartite Agreement (hereinafter called the “Agreement/TA”) is Made on the ____ day of
_________ 2023, between the Department of Agriculture, Government of <Name of State/UT>,
<Department Address> (hereinafter referred to as "Department" which expression shall, unless
repugnant to the context or meaning thereof, be deemed to mean and include its successors and
permitted assigns), as the First Party
And
(Name of MITR), having its Head Office at (address of office), (hereinafter referred to as “Mentor
Institutions for Technology Rollout (MITR)” which expression shall, unless repugnant to the context
or meaning thereof, be deemed to mean and include its successors and assigns) as the Second Party;
And
(Name of TIP), having its Head Office at (address of office), (hereinafter referred to as “TIP” which
expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include
its successors and assigns) as the Third Party.
(The Department, MITR and TIP shall be collectively referred to as “Parties” and individually as
a “Party”.)
Whereas
1. Government of (Name of State/UT) AND Government of India (GoI) have decided to execute
YES-TECH project under the national scheme, Pradhan Mantri Fasal Bima Yojana (PMFBY),
across the State/UT of <Name of State/UT>, for technology-based yield estimation at IU level.
2. Government of (Name of State/UT) has selected/nominated <Name of the MITR> as MITR, for
providing mentorship for the overall implementation of YES-TECH in the State/UT.
3. The MITR is national/state level body in the business of research and development, education
and innovation which inter alia includes collection and analysis of remote sensing and weather
datasets for crop mapping, crop yield estimation and crop damage assessment.
4. Government of (Name of State/UT) oated bids for the execution of YES-TECH in the State/UT
on <DD/MM/YYYY> and the <Name of the WIP> has been selected as L1 bidder.
‘Or’
The Government of (name of State/UT) has nominated <Name of the TIP> from the TIPs
empaneled by the YES-TECH Committee, for implementation of YES-TECH.
5. The TIP is in the business of research and development and innovation inter alia includes
collection and analysis of remote sensing and weather datasets for crop mapping, crop yield
estimation and crop damage assessment.
6. Mahalanobis National Crop Forecast Centre (MNCFC), Department of Agriculture and Farmers
Welfare (DA&FW), Ministry of Agriculture and Farmers Welfare (MoA&FW), GoI, is the nodal
agency and will serve as the secretariat of the YES-TECH Committee, managing day-to-day
matters and acting as the Single point of Contact (SPOC) with the GoI for all YES-TECH related
activities and implementation of the said project and Programme.
7. Execution of YES-TECH will be done as per the YES-TECH manual notified by DA&FW,
MoA&FW, GoI, under PMFBY, commencing from Kharif 2023 onwards, the terms and
conditions of the YES-TECH manual as notified by DA&FW, MoA&FW, GoI, including any
subsequent amendments thereof, shall also form part and parcel of the present agreement.
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8. The Parties shall carry out all the activities, duties and responsibilities) as outlined in the YES-
TECH manual published and circulated amongst all stakeholders under PMFBY, vide letter
<insert letter number and date> and as per the terms of tender oated by the Government of
<name of the State/UT>.
9. The Parties shall execute the work under this Tripartite Agreement in compliance of all
prevailing and applicable Laws/Rules/Regulations/Guidelines as amended from time to time
10. Government of (Name of State/UT) shall be the custodian of all the information/datasets
created on implementation of the individual project(s), as posed by and sanctioned by DA&FW,
MoA&FW, GoI.
11. Government of (Name of State) have authorized the TIP to operate and maintain these
information/datasets for YES-TECH implementation in the project areas and shall be
governed by Data sharing protocols of the YES-TECH Manual 2023, as amended from time to
time.
12. The “Parties” agree to implement YES-TECH as above and conforming with the YES-TECH
Manual 2023, as amended from time to time.
13. Any provision not specifically provided under this Agreement shall be governed by the YES-
TECH Manual 2023, as amended from time to time.
NOW, therefore, in consideration of the premises and mutual, covenants and conditions set-
forth herein (which shall form an integral part of this Agreement), it is hereby agreed by and
amongst the “PARTIES” as follows:
1. Preamble
1.1. <Brief description of the Project>
1.2. Brief Description of the Department, Government of <Name of State/UT>
1.3. Brief Description of the MITR < Name of the Organization>
1.4. Brief Description of the TIP < Name of the Organization>
1.5. Roles and Responsibilities of the Parties
The Parties shall be bound by the roles and responsibilities as provided in the YES-TECH
Manual 2023, as amended from time to time.
2. Authorized Signatories
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<Name of MITR>
<Name of TIP>
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rights generated from cooperation pursuant to this Agreement, consistent with laws, rules,
and regulations of India.
11. Confidentiality
Except with the prior written consent of the <Name of the State/UT> Government, the TIP
shall not at any time communicate to any person or entity any confidential information
acquired in the course of implementation of YES-TECH Manual, nor shall the TIP and its
Personnel make public the recommendations formulated in the course of, or as a result of,
the execution of this Agreement. For this purpose, the Parties shall execute a Non-
disclosure Agreement (NDA) in the prescribed format.
12. Notice(s)
All notices required or referred to under this Agreement, shall be in writing and signed by the
respective authorized signatories of the parties mentioned herein above, unless otherwise
notified. Each such notice shall be deemed to have been duly given if delivered or served by
registered/speed post of Department of Posts to the respective heads on the addresses
mentioned in the recital.
13. Termination
13.1. Either party shall be entitled to terminate the Tripartite Agreement (TA) under specific
situations and conditions as mentioned below, with an advance notice of ninety (90) days
prior to commencement of the crop season that follows. However, the TA cannot be
terminated within the ongoing season. The special conditions that invite termination of TA
are as follows:
4. In case, the TIP is debarred/black-listed/de-empaneled by the YES-TECH committee.
5. Failure of the State/UT and/or the TIP in performing one's core responsibilities as
prescribed in the YES-Tech Manual.
6. Any material changes in the YES-TECH parameters as listed in the empanelment criteria
of TIPs and their roles and responsibilities, by the Centre/State/UT.
13.2. However, termination of TA by either party due to any reason not listed above shall be taken
up by the concerned State/UT govt. with the approval of competent authority, as per their
financial rules.
14. Indemnification
14.1. Each party agrees to indemnify and keep indemnified the other party from and against all
claims, losses, injuries, liabilities, reasonable costs and expenses, damages, actions or
proceedings which may be made or taken against such indemnified party by any third party
arising out of the breach of this Agreement, non-performance of the Agreement or non-
compliance of any statutory compliances by the indemnifying party.
14.2. The TIP shall, at its own cost and expenses, defend and indemnify the <Name of the
State/UT> Government against all third-party claims including those of the infringement of
intellectual property rights, including patent, trademark, copyright, trade secret or
industrial design rights, breach of confidentiality, arising from the performance of the
Tripartite Agreement.
15. Relationship between the Parties
15.1. Parties to this Agreement are independent Parties and nothing in this Agreement shall make
them Parties to a joint venture, partners, employee, agents, or representatives of the other
Party hereto, none of the Parties shall make any representation that implies otherwise.
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15.2. Each Party assures, agrees, confirms, and undertakes that during the term of this
Agreement and after the termination or expiration of this Agreement, it shall not make any
statement verbally or in writing or in any other form or manner which may in any manner
whatsoever contrary to factual detail, which could cause harm, damage or be detrimental to
the reputation or goodwill or brand value or business or clients of such other Party.
16. Jurisdiction & Governing Law
The competent Courts of <Name of City/State> shall have exclusive jurisdiction in all
matters relating to or arising out under these presents and the Parties shall be governed by
the laws prevailing in India.
17. Force Majeure
Neither Party shall be liable for any delay or failure to perform any duty or obligation it may
have pursuant to this Agreement, if such delay or non-performance is attributable to a an
event which is beyond the reasonable control of a Party, is not foreseeable, is unavoidable
and not brought about by or at the instance of the Party claiming to be affected by such
events including, but not limited to, war, riots, civil disorder, earthquake, fire, explosion,
storm, ood or other extreme adverse weather conditions, strikes, lockouts or other
industrial action (except where such strikes, lockouts or other industrial action are within
the power of the Party invoking Force Majeure). In case of a Force Majeure event the Party
affected by the Force Majeure shall notify the other Party thereof without undue delay.
Performance deadlines under this Agreement shall be extended for a period of time
equivalent to the duration of the Force Majeure event; provided, however, that if the Force
Majeure event, in the aggregate, lasts for a period of more than 30 days, the other Party, at
its option, may terminate this Agreement upon written notice to the affected Party.
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18. Amendments
This Agreement hereto, constitute the sole record of the agreement between the Parties in
relation to the subject matter hereof. Neither Party shall be bound by any express, tacit, or
implied term, representation, warranty, promise or the like not recorded herein or in the
YES-TECH Manual 2023, as amended from time to time. This Agreement supersedes and
replaces all prior commitments, undertakings, or representations, whether oral or written,
between the Parties in respect of the subject matter hereof. No addition to, variation,
novation or agreed cancellation of any provision of this Agreement shall be binding upon the
Parties unless reduced to writing and signed by or on behalf of the Parties.
IN WITNESS WHEREOF the parties have executed these presents through their
authorized Representative at ____________________________.
Signatures
Name of the
Authorized
Signatory
Party For and on behalf For and on behalf For and on behalf
of <Name of the of <Name of MITR> of <Name of TIP>
Department>,
Government of
<Name of State/UT
Date
Witness 1.
Witness 2.
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Please write us at
Secretariat YES-TECH
Mahalanobis National Crop Forecast Centre
PUSA Campus, New Delhi 110012
Email: ncfc@gov.in Phone: 011-25843224 Fax: 011-25843225