You are on page 1of 42

EXPRESSION OF INTEREST (EOI) FOR IMPLEMENTATION

OF VOCATIONALISATION OF SECONDARY EDUCATION IN


UTTAR PRADESH

UTTAR PRADESH MADHYAMIK SHIKSHA ABHIYAN (UPMSA)


GOVERNMENT OF UTTAR PRADESH

UPMSA Invites Expression Of Interest (EOI) from qualified entities in the


field of REVISED CENTRALLY SPONSORED VOCATIONAL
EDUCATION SCHEME for implementation in 200 Government Secondary
Schools in Uttar Pradesh for academic session 2017-18.

Last Date of EOI Online Submission: 01.09.2017

State Project Director


Uttar Pradesh Madhyamik Shiksha Abhiyan
18, Park Road, Lucknow-226001

1
CONTENTS

S. No. Particulars Page


No.
1 Introduction 1

2 Scope of Work 1

3 Performance Security 6

4 Eligibility 7

5 Payments 10

6 Last Date for uploading of EOI online 11


application
7 Selection Process 12

8 Annexure 1 14

9 Annexure 2 16

10 Annexure 3 17

11 Annexure 4 18

12 Annexure 5 19

13 Annexure 6 28

14 Annexure 7 36

15 Annexure 8 37

2
UTTAR PRADESH MADHYAMIK SHIKSHA ABHIYAN
GOVERNMENT OF UTTAR PRADESH

DETAILED EXPRESSION OF INTEREST (EOI) FOR IMPLEMENTATION


OF VOCATIONALISATION OF SECONDARY EDUCATION IN 200
GOVERNMENT SCHOOLS OF UTTAR PRADESH.

1. Introduction:

1.1 Uttar Pradesh Madhyamik Shiksha Abhiyan (hereinafter referred to as


"UPMSA") has implemented various projects at Secondary Schools level under the
umbrella of Rashtriya Madhyamik Shiksha Abhiyan (RMSA), to provide quality
education to the students.

1.2 UPMSA is currently implementing Vocational Education Scheme in 200


Government Secondary Schools.
1.3 UPMSA invites Expression Of Interest (EOI) from qualified entities in the
field of Vocational Education for 200 Government Secondary Schools in academic
session 2017-18 (hereinafter referred as "The Project").

2. Scope of Work:
The Government of India has brought out a Revised Centrally Sponsored
Scheme of Vocationalisation of Secondary Education by integrating employability
education into school education in October 2012. The scheme is operated within the
National Skills Qualification Framework (NSQF), which establishes a system of clear
educational pathways from school to higher education while providing certification of
vocational skills. In academic session 2017-18 the project will be implemented in 200
Government Secondary Schools at various Levels with the goal to make students
employable when they complete secondary education. The project will adopt
curriculum, course content and pedagogy, hire and train qualified teachers, introduce
the programme in schools, monitor and evaluate its progress, etc. as per the guidelines
and norms of MHRD-GOI. The curriculum, teacher handbook, student handbook are
already developed by PSSCIVE (PSS Central Institute for Vocational Education,

1
Bhopal), the aim of the project is to make student empower with employable skills
along with the academic stream, when they complete their secondary education. The
project will be jointly funded by Central Government and State Government.

The Courses in the following sectors are being introduced in 200 Government
Secondary Schools. Each School shall offer 02 (two) out of the 05 (Five)
Trades/sectors given below.

Trade / Sector No. of Schools


Automobile 33
Health Care 31
IT 117
Retail 135
Security 84

2.1.1 The Vocational Training Provider (VTP) will be responsible for the following
in the proposed programme covering 200 Government Secondary Schools. The
vocational training provider is expected to:
Provide resource persons including vocational trainer, vocational coordinators,
guest faculty etc. as per requirement of the project.
Provide initially two (2) vocational trainers, each trade in the selected schools
as per the sector / job role. Qualifications of the vocational trainer should be as
per the norms prescribed by PSSCIVE, Bhopal / State.
Understand the curriculum and course content prepared by PSSCIVE and
ensures its delivery through its vocational trainer, within stipulated time and
meet the quality parameters.
Ensure conduct of internal formative assessments of students on a periodic
basis as per the norms of the Board of Secondary Education, Uttar Pradesh.
Ensure conduct of theoretical & practical classes as per NSQF guidelines.
Ensure conduct internal assessment of the students with the help of school
Principals/DIOS of the Schools.

2
Ensure mobilisation of students, parents, teachers and community awareness,
guidance in consultation with schools Principals.
Provide guidance and counseling services to the students and their parents /
guardians as and when required by the vocational trainer with the help of
Principal / DIOS.
Arrange industry visits to the student for their improvement in practical
exposure. Vocational Training Provider (VTP) shall arrange for a minimum of
2 industrial visits for students at each Level as per industry visit guidelines.
Prepare students for placement process including soft skills, to facilitate
placement of the desirous students in related jobs after completion of class
12th and the Level-4 certification.
Organise three guest lectures per trade in each sector in each selected school.
Provide Vocational Coordinator (VC) and co-ordinate with the selected
schools for smooth conducting of training and proper keeping of records.

2.1.2 UPMSA is the implementing organisation and will be responsible for


activities as:
a) Budgeting and expenditure To obtain and manage the MHRD funding as
per Revised Centrally Sponsored Scheme of Vocationalisation of Secondary
Education and the state funds for the project implementation. Allocate budget
and sanction expenses in view of the sanctioned plan per school for the
activities/interventions identified and entrusted to Service Provider/Vocational
Training Provider to selection by the State Government subject to availability/
approval/release of funds by the Central and State Government.

b) Identification of districts / schools - Selection of Districts and Schools where


selected trade/sector could be introduced.

c) Communication and marketing plan: To create awareness, stakeholder


engagement and bringing in the right talent into the NSQF programme.
Counseling of students and parents to enroll into the programme.

3
d) Identification of Training Partner: The State Government will identify as
Vocational Training Provider for trades / sectors through the selection process
prescribed in the Expression of Interest issued by the UPMSA on 03.08.2017

e) Advisory Group: Creation of advisory/management group at the various


levels for monitoring/feedback/regular assessments as to be decided from time
to time by the UPMSA.

f) Nodal Officers : To designate and recommend DIOS at Headquarter Level,


District Level and also at school level, who will be responsible for overseeing
/ reporting the programme implemented by Vocational Training Provider.

g) Training of Trainers: UPMSA would undertake "Training of Trainers


(TOT)" programme in consultation with PSSCIVE, Bhopal at periodic
intervals to update faculty/instructors/ vocational trainers with the content
developed, training methodology and adaptation to industry needs as per the
guidelines of the scheme and as per the financial ceiling.

h) The payment of travelling allowance of Vocational Trainer for TOT will be


given directly to VTs on submission of the actual Non AC travelling fare (by
public transport) bills.

i) Academic Certification: To ensure integration of the courses with the


scheme of examination of U.P. Board of Secondary Education.

k) Maintenance of Tools & Equipments - UPMSA will maintain tools and


equipments installed in the school as well as ensure availability of raw
material for practical classes.

l) Text Books for students - UPMSA will provide text books to students.

2.2 Number of Proposals

Each Bidder shall submit only one (1) Proposal for the Project in response
to this RFP Document. Any entity, which submits or participates in more
than one Proposal for the same Project will be disqualified.

4
2.3 Proposal Preparation Cost

The Bidder shall be responsible for all the costs associated with the
preparation of its Proposal and its participation in the bidding process.
UPMSA will not be responsible or in any way liable for such costs,
regardless of the conduct or outcome of bidding.

2.4 Amendment of RFP Document

At any time prior to the Proposal due date UPMSA may, for any reason,
whether at its own initiative or in response to clarifications requested by a
Bidder, modify the RFP Document by the issuance of Addendum/
Corrigendum.

Any Amendment thus issued will be uploaded on website


www.etender.up.nic.in

In order to afford Bidders reasonable time in which to take an Amendment


into account, or for any other reason, UPMSA may, at its own
discretion, extend the Proposal due date.

2.5 Likely project Implementation Timelines


S.No. Activity Timeline
1 EOI Submission Start 03.08.2017
2 EOI Submission End 01.09.2017 (6.00 PM)

3 EOI Evaluation 04.09.2017 (11.00 AM)

4 Presentation by Short Listed VTPs 07.09.2017

5 Signing of the Agreement 15.09.2017

6 Manpower Deployment in Schools 03.10.2017

5
2.6 Indicative Contract Period:
Initial contract period could be for one year. This shall be finalised at the
time of signing of Agreement.
2.7 Project Site:
200 Government Secondary Schools have been selected for the project. The
list of schools is provided at Annexure -5.

2.8 Outsourcing to third party:


The Vocational Training Provider shall provide a single point of contact
with UPMSA and shall be solely responsible for the execution and delivery
of the work.

2.9 Bid Security:


2.9.1 Bid security for an amount of Rs. 2, 00,000/- (Rs. Two lacs only) should be
in the form of Demand draft / Bank guarantee made from any scheduled /
nationalised bank. Bank guarantee can be in generic format. Annexure -7.
2.9.2 The Bid security shall be returned to unsuccessful bidders within a period of
thirty (30) days from the date of announcement of the successful bidder. The
Bid security submitted by the successful bidder shall be released upon
furnishing of the performance security in the form and manner stipulated in
the draft services agreement.
2.9.3 The Bid Security shall be forfeited
If the bidder withdraws in proposal during the interval between the proposal
due date and expiration of the proposal validity period.
3. Performance Security

3.1 The Successful Bidder shall furnish Performance Security of Rs


20,00,000/- (Rs Twenty Lakhs only) by way of an irrevocable Bank
Guarantee issued by a scheduled bank located in India in favour of
UPMSA, as required under the Service Agreement.

3.2 The Performance Security shall be in the form of an irrevocable


Bank Guarantee in favour of UPMSA, as per the format set out in
Annexure-8. The Performance Security would be valid for the entire
project term.
3.3 The Performance security shall be forfeited and en-cashed in the following
cases:
6
(a) If the Successful Bidder withdraws from the project during the
midway of the project term.
(b) If during the project term, there is any incident of gross
professional negligence by the successful bidder.
(c) Any other act or acts of the successful bidder which renders the
project un-operational and UPMSA establishes sufficient reasons
to forfeit the Performance security.
(d) If the bidder fails to meet the service levels as agreed.

3.4 Penalty Clause will be decided after finalisation of bid according to


TOR agreement.
4. Eligibility
4.1 The applicant should fulfill the following minimum requirement(s) as given
in Table - 1 & 2 below
S. Basic Specific Requirements Documentary Evidence
No. Requirement
1 Legal Entity a) The applicant should be Certificates of
a company registered under incorporation/ registration.
Indian companies Act, The applicant will disclose
1956 or a partnership firm all the information related
registered under Indian to disputes/legal- cases/
Partnership Act, 1932 or a punishments/ penalties/
LLP registered under the sanctions/ judgments and
United Liability partnership all related information
Act, 2008 or a related to the applicant and
proprietorship firm or its employees responsible
registered under Society / for executing the scope of
Trust Act. work.
2 Tax The applicant should have a i. Service Tax registration,
registration registered number of if
and i. Service Tax registration ii. PAN number
clearance and clearance, (if ** If not applicable, the
applicable) applicant should submit a
ii. PAN number self certified letter for the
(mandatory) Service Tax same and reasons thereof.

7
clearance not earlier than
31st Dec. 2016.
3 Undertaking Applicant Should : A Self Certified letter as
a) not be insolvent, in per Annexure-1
receivership, bankrupt or
being wound up, not have
its affairs administered by a
court or a judicial officer,
not have its business
activities suspended and
must not be the subject of
legal proceedings for any of
the foregoing reasons;
b) not have, and their
Directors and Officers not
have, been convicted of any
criminal offence related to
their professional conduct
or the making of false
statements of
misrepresentations as to
their qualification to enter
into a contract within a
period of three years
preceding the
commencement of the EOI
process, or not have been
otherwise disqualified
pursuant to debarment
proceedings;
c) not have a conflict of
interest in question as
specified in the bidding
document.
d) Comply with the code of
integrity as specified in the
bidding document.

8
b) Table - 2:
S. Criteria Unit Minimum Documentary
No. requirement Evidence
1 No. of years of Years Three Mandatory
Existence as on
31st March,
2017
2 Organisation No of Office N/A Mandatory
Presence in State
(Head Office/
Branch office)
3 Total cumulative Crores (Rs) 25 crore Mandatory
turnover in the
last 3 years (as
on 31st
March,2016)
4 No. of people No of Youths 2000 Mandatory
trained in
vocational
Trade/ Sector in
last 3 years.
5 No. of people No. of Youths 50-70% Mandatory
Placed in
Vocational
Trade/ Sector
6 Company Own No. of centres 1 Mandatory
operational
training centres
(Not franchisee)
as of 31st March
2017 Uttar
Pradesh

9
7 Experience of Certificate / 1 year Preference
Vocational copy of
training in agreement
secondary
education at
designated
colleges

4.2 The Applicant should be compliant with and agree to the terms and
conditions laid down in Annexure-6.
4.3 The Applicants should provide their technical experience details in the
format as Annexure-4.
4.4 The Applicant should provide their organisational details in the format as in
Annexure-2.
There will be one vocational trainer (VT) per trade per school. For each school the
VTP will be a paid a fixed amount of Rs. 10,000/- per month per VT for maximum
ten months or actual teaching period in the academic year. The VTP will be allowed
to cover maximum two schools by one VT for one trade only. The VTP will not
engage one VT for more than one trade and more than two schools. Each VT will be
required to deliver minimum 6 hours of training per trade per week including equal
time for theory and practical. The honorarium will be paid on the basis of number of
lecturers delivered by VT. The number of lectures will be verified by the school
Principal and countersigned by the DIOS on proper prescribed format. Not more
than 2 VT per school shall be engaged by VTP provided the school has two trades
to absorbed duly qualified VT each. The payment details made to VTs would have
to be kept and maintained in a transparent manner by the vocational training
provider (VTP).
5. Payments:
5.1 Payment to Vocational Trainer (VT) by the Vocational Training
provider: The vocational training provider shall pay a gross honorarium of
Rs. 10000 (Rs. Ten Thousand only) per month to each VT deployed for
maximum 10 months or actual teaching period in academic session.

10
5.2 Payment to Vocational Coordinator by the Vocational Training
Provider: Payment to Vocational Coordinator by the VTP. The VTP shall
pay a gross honorarium Rs. 15,000/- (Rs. Fifteen thousand only) per month
to each vocational Coordinator for maximum 11 months or actual period in
an academic session deployed by it. The payment details would have kept
and maintained in a transparent manner by the VTP.
5.3 Payment to VTP by UPMSA:
The services being provided by the VTP, UPMSA shall pay to VTP the
following amounts:
a) An amount equal to the honorarium paid by the VTP to the VTs &
VC's.
b) 10 percent of the amount paid to the VTs as honorarium. This amount
shall over the cost of a) recruitment of VTs, b) management of VTs, as
leave reserve, appointing backup of VTs (in case a VT quits or takes
long terms leave) and d) miscellaneous expense for the handing of the
project.
c) As per guidelines an amount of Rs. 2500/- per guest
lecture per Sector per School. Three Guest lectures per trade per
school in an academic session to be conducted.
d) Rs. 9300/- per annum per school per Trade/ Sector per subject for per
vocational Trainer to cover industry visit expenses and providing
hands on skill training for students in industrial and commercial
establishment. Two industry visits per trade per school in one
academic session to be conducted.
e) The Vocational Training Provider shall submit monthly invoices to
UPMSA by 10th of the next month.

6. Last date for uploading of EOI online application


6.1 EOI online Applications can be uploaded on website
www.etender.up.nic.in before 01.09.2017 (6.00 PM) i.e. online application
due date. UPMSA may, in exceptional circumstances, and at its sole
discretion, extend the application due date by issuing corrigendum.
11
6.2 All the applicants are entitled to submit one online application only. More
than one application for the same bidder will not be accepted.
7. Selection Process:
7.1 The following selection process shall be adopted by UPMSA.
7.2 The online Applications received shall be scrutinised for completeness and
fulfillment of minimum requirements for eligibility as detailed out in
elsewhere in this EOI.
7.3 A list of applicants who fulfill the minimum eligibility shall be prepared and
called as LIST-1
7.4 The LIST -1 Applicants shall be awarded points as per the following criteria
given in the following table:
Sl. Criteria Points Allotted Maximu Remarks
No. m Points
1 Cumulative company Rs. 25 Crore to 20 Maximum of 20
turnover in the last 3 30 Crores -10 points will be
years (Audited) points above allotted
30 crores -20
points

2 No. of people trained For Every 300 20 Maximum of 20


in Vocational Trade/ Candidates points will be
Sector in the last 3 trained- 02 allotted
years points

3 No. of people placed For Every 150 20 Maximum of 20


in Vocational Trade/ Candidates points will be
Sector in the last 3 placed- 02 allotted
years points

4 Experience in Less than 1 10 Maximum of 10


Vocational Training year- 5 points points will be
at secondary school 1 year and allotted
under RMSA. above- 10
points

7.5 Up to a maximum of four applicants scoring highest points per sector, shall
be short listed. This shall be called List-2

12
7.6 The applicants in LIST-2 shall be invited to make a detailed presentation to
the UPMSA Selection Committee. The Committee shall award points as per
the criteria given in the following table.
Sl. Criteria Maximum Points Remarks
No.
1 Presentation made by the 30 The decision of
Applicant to the UPMSA the UPMSA
screening committee. The selection
screening committee shall committee shall
consider the detailed plan and be final.
processes presented for ensuring
the following :
a) Trainer Quality.
b) Delivery Quality
c) Effective Industry engagement
and exposure to students
d) Ability to manage and execute
the scope of work

7.7 The final selection shall be made based on the total points earned by the
applicant out of 100 points (70 points + 30 points) as given above in this
section. This list shall be called LIST-3.
7.8 The selected VTP shall enter into a written Agreement with UPMSA within
07 days of the finalisation of List-3.

13
Annexure -1
(To be submitted on the letter head of the Applicant)
Date:

To
State Project Director,
Uttar Pradesh Madhaymik Shiksha Abhiyan
(UPMSA)
18, Park Road
Lucknow-226001
Uttar Pradesh.

Dear Sir,

Sub: Implementation of the Vocational Education Programme in Secondary


Schools of Uttar Pradesh.

With reference to the above advertisement, we hereby submit our Application in


response to this "Expression Of Interest (EOI)" to undertake the development of this
project.

We understand that this is an initial Expression Of Interest on our part and mere
submission of this EOI does not entitle us to receive any documents or be invited to
EOI for this project. I/We hereby declare that our company/firm:-
a) Not be insolvent, in receivership, bankrupt or being wound up, not have its affairs
administered by a court or a judicial officer, not have its business activities
suspended and must not be subjects of legal proceedings for any of the foregoing
reasons.
b) Not have, and their directors and officers not have, been convicted of any
criminal offence related to their professional conduct or the making of false
statements or misrepresentations as to their qualification to enter into a contract

14
within a period of three years preceding the commencement of the EOI process, or
not have been other wise disqualified pursuant to debarment proceedings;
c) Not have a conflict of interest in question as specified in the bidding document;
d) Comply with the code of integrity as specified in the bidding document.

Signature-
Full Name of Competent Authority- Designation-
Land Line Phone & Mobile Number-
Email address-

15
Annexure - 2
Organisation Details
Please enter the information requested in the spaces provided.
S. No Details Documentary Evidence
1 Name (Society/Trust/Company
2 Address for Communication
3 Contact Person Name
4 Contact Tele Phone Number
5 E-mail Address
6 Website
7 Registration Number (Society/Trust)
8 Brief profile of the Society/Trust/company
9 Business Details- Certification of
How many years have you been in Skill Incorporation /
training business as of 31st March 2017 registration

10 Organisations Presence in state (Head Certified letter from the


Office / Branch Office) - Address(s) authorised signatory,
with address and
contact details of the
office

11 Total Turnover of applicant in last 3 Certified letter from the


financial years (in lakhs) 2014-15, 2015- company CA with
16, 2016-17 registration number and
seal.

12 No. of People trained in vocational trade / Provide details, along


sector in last 3 years. with proof of training
conducted (e.g. client
certificate)

13 No. of people placed in vocational trade / Provide details, along


sector in last 3 years. with proof of
placement (e.g. client
certificate)

14 Company own operational training centers Certified letter from the


(Not franchisee) as of 31st March, 2017. authorised signatory,
with address(es) and
contact details of the
centre(s)

16
Annexure - 3
Information/Data on Short listing criteria preparing List

S. Criteria Data Documentary


No Evidence
1 Total Company Turnover FY-1 FY-2 FY-3 Certified latter
last three years (Audited) from the Company
CA with
registration
number and seal

2 No. of people trained in FY-1 FY-2 FY-3 Provide details


vocational trade / sector along with proof
in last 3 years of training
conducted (e.g.
client certificate)

3 No. of people placed in FY-1 FY-2 FY-3 Provide details


vocational trade / sector along with proof
in last 3 years of training
conducted (e.g.
client certificate)

4 Experience in Vocational Certificate/ copy


training at secondary of agreement/
schools under RMSA. MOU

17
Annexure - 4

Technical Experience Details

A) Previous Experience of the applicant in Implementation of the


Vocationalisation of Secondary Education Programme in Schools.

Please fill details of each project implemented /managed by the organisation


Description Application to fill up the details here
Name of the Entity
Project Authority
Title & Nature of the Project
Location (S)
Date of Commencement of
Project/Contract
Status of Project/Contract Completion
Contracted Volume
Completed Volume (Annual Details for
each course)

18
Annexure -5

List of 100 Schools approved in 2012-13 under VE

19
20
21
22
23
24
25
26
27
Annexure -6

1) Exclusive of EOI/Disqualification

A) UPMSA shall exclude/disqualify an EOI. If:-

a) the information submitted, concerning the qualifications of the applicant, was


false or constituted a misrepresentation; or

b) the information submitted concerning the qualifications of the applicant was


materially inaccurate or incomplete; and

c) the applicant is not qualified as per pre-qualification / eligibility criteria


mentioned in the bidding document;

d) The EOI materially departs from the requirements specified in the bidding
document or it contains false information.

e) the applicant, submitting the EOI, his agent or any one acting on his behalf,
gave or agreed to give, to any officer or employee of the UPMSA or other
governmental authority a gratification in any form, or any other thing of value,
so as to unduly influence the EOI process;

f) an applicant, in the opinion of the UPMSA has a conflict of interest materially


affecting fair competition.

g) Applicant should submit the proposal only in the prescribed format and in
sequencing order with index and proper page numbering.

B) EOI shall be excluded / disqualified as soon as the cause for its exclusion /
disqualification is discovered.

C) Every decision of UPMSA to exclude an EOI shall be for reasons to be recorded


and shall be communicated to the concerned applicant.

2) UPMSA's right to accept or reject any or all EOI's

The UPMSA reserves the right to accept or reject any Bid, and to annual
(cancel) the bidding process and reject all Bids at any time prior to award of
contract, without thereby incurring any liability to the applicants.

28
UPMSA makes no commitments, explicit or implicit, that this process will
result in a business transaction with anyone.

3) Cancellation of EOI process

a) If any EOI process has been cancelled, it shall not be reopened but it shall not
prevent the UPMSA from initiating a new EOI process for the same subject
matter, if required.

b) UPMSA may cancel the process of EOI initiated but it -

a) at any time prior to the acceptance of the successful EOI; or

b) after the successful EOI is accepted in accordance with norms as


below.

i) The decision of the UPMSA to cancel the EOI process and


reasons for such decision shall immediately communicated to
all applicants that participated in the EOI process.

ii) If the applicant who's EOI has been accepted as successful fails
to sign any written contract as required, or fails to provide any
required security for the performance of the contract, the
UPMSA may cancel the process.

iii) If an applicant is convicted of any offence under the Act/Rules,


the UPMSA may cancel the EOI of the convicted applicant
who has been declared as successful.

4) Code of Integrity for Applicants

a) No Person participating in the EOI process shall act in contravention of the code
integrity prescribed by the State Government.

b) The code of integrity includes provision for:-

a. Prohibiting

i) any offer, solicitation or acceptance of any bribe, reward or gift or any


material benefit, either directly or indirectly, in exchange for an unfair
advantage in the EOI process or to otherwise influence the EOI process,

29
ii) any omission, including a misrepresentation that misleads or attempts
to mislead so as to obtain a financial or other benefit or avoid an obligation;

iii) Any collusion EOI rigging or anti-competitive behavior to impair the


transparency, fairness and progress of the EOI process;

iv) Improper use of information shared between the UPMSA and the
applicants with an intent to gain unfair advantage in the EOI process or for
personal gain:

v) Any financial or business transactions between the applicant and any


officer or employee of the UPMSA;

vi) Any coercion including impairing or harming or threatening to do the


same, directly or indirectly, to any party or to its property to influence the EOI
process;

vii) Any obstruction of any investigation or audit of a EOI process;

b. disclosure of conflict of interest;

c. disclosure by the applicant of any previous transgressions with any


entity in India or any other country during the last three years or of any
debarment by any other UPMSA.

c) Without prejudice to the provisions below, in case of any breach of the code of
integrity by a applicant or prospective applicant, as the case may be, the
UPMSA may take appropriate measures including:-

a. exclusion of the applicant from the EOI process;

b. calling-off pre-contract negotiations;

c. forfeiture or encashment of any other security or bond relating to the EOI

d. recovery of payments made by the UPMSA along with interest thereon at


bank rate;

e. cancellation of the relevant contract and recovery of compensation for


loss incurred by the UPMSA.

f. Debarment of the applicant from participation in future any procurement


of the UPMSA for a period not exceeding three years.
30
5) Interference with EOI Process

A applicant, who:-

a. withdraws from the process after opening of EOI's;

b. withdraws from the process after being declared the successful applicant;

c. fails to enter into contract after being declared the successful applicant,

d fails to provide performance security or any other document or security


required in terms of the bidding documents after being declared the successful
applicant, without valid grounds, shall in addition to the recourse available in
the bidding document or the contract, be punished with fine which may extend
to five lakh rupees or ten percent of the assessed value of EOI whichever is less.

6) Appeals

A) Subject to "Appeal not to lie in certain cases" below, if any applicant or


prospective applicant is aggrieved that any decision, action or omission of the
procuring entity is in contravention to the provisions of the Act or the rules or
guidelines issued there under, he may file an appeal to State Project Director of
UPMSA, within a period of 10 days from the date of such decision or action,
omission, as the case may be, clearly giving the specific ground or grounds on
which he feels aggrieved:

Provided that after the declaration of an applicant as successful in


terms of "Award of Contract", the appeal may be filed only by a
applicant who has participated in EOI proceedings.

B) The officer to whom an appeal is filed under (a) above shall deal with the
appeal as expeditiously as possible and shall endeavor to dispose it of
within 30 days from the date of filing of the appeal.

C) Fee for Appeal: Fee for filing appeal:

a. Fee for per appeal shall be Rupees Two Thousand only, which shall be
non-refundable.

31
b. The fee shall be paid in the form of bank demand draft or Banker's
cheque of a Scheduled Bank payable in the name of State Project
Director UPMSA.

D) Procedure for disposal of Appeal:

a. The Appellate Authority, as the case may be, upon filing of appeal,
shall issue notice accompanied by copy of appeal, affidavit and
documents, if any, to the respondents and fix date of hearing.

b. On the date fixed for hearing, the Appellate Authority, as the case may
be, shall,

i. hear all the parties to appeal present before him, and

ii. Peruse or inspect documents, relevant records or copies thereof


relating to the matter.

c. After hearing the parties, perusal or inspection of documents and


relevant records or copies thereof relating to the matter, the Appellate
Authority concerned shall pass an order in writing and provide the
copy of order to the parties to appeal free of cost.

7. Stay of EOI Proceedings

While hearing of an appeal, the officer or authority hearing the appeal may, on
an application made in this behalf and after afford in a reasonable opportunity of
hearing to the parties concerned, stay the EOI proceedings pending disposal of
the appeal, if he, or it, is satisfied that failure to do so is likely to lead to
miscarriage of justice.

8. Vexatious Appeals & Complaints

Whoever intentionally files any vexatious, frivolous or malicious appeal or


complaint with the intention of defeating the EOI or causing loss to any UPMSA
or any other applicant, shall be punished with fine which may extend to twenty
lakh rupees or five percent of the value of EOI, whichever is less.

32
9. Offenses by Firms/Companies

a. Where an offence has been committed by a company, every person who at


the time the offence was committed was in charge of and was responsible
to the company for the conduct of the business of the company, as well as
the company, shall be deemed to be guilty of having committed the
offence and shall be liable to be proceeded against and punished
accordingly: Provided that nothing contained in this sub-section shall
render any such person liable for any punishment if he proves that the
offence was committed without his knowledge or that he had exercised all
due diligence to prevent the commission of such offence.

b. Notwithstanding anything contained in (a) above, where an


offence under Act/Rules has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of or is attributable to any neglect on the part of any director,
manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty of
having committed such offence and shall be liable to be proceeded
against and punished accordingly.

c) For the purpose of this section-


a. "company" means a body corporate and includes a limited
liability partnership, firm, registered society or co- operative society,
trust or other association of individuals; and

b. "director" in relation to a limited liability partnership or firm, means a


partner in the firm.

d) Abetment of certain offenses: Whoever abets an offence punishable under


this Act, whether or not that offence is committed in consequence of that
abetment, shall be punished with the punishment provided for the offence.

10. Debarment from submission of EOI /Bidding

a) An applicant shall be debarred by the State Government if he has been


convicted of an offence:-
a. under the Prevention of Corruption Act, 1988 (Central Act No.
49 of 1988); or
33
b. under the Indian Penal Code, 1860 (Central Act No. 45 of 1860) 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 contract.
b) A applicant debarred under (a) above shall not be eligible to
participate in a EOI process of any UPMSA for a period not
exceeding three years commencing from the date on which he was
debarred.
c) If UPMSA finds that an applicant has breached the code of integrity
prescribed in terms of Code of Integrity for applicants above, it may
debar the applicant for a period not exceeding three years.
d) Where the entire performance security or any substitute thereof, as the
case may be, of an applicant has been forfeited by UPMSA in respect
of any EOI process or contract, the applicant may be debarred from
participating in any EOI process undertaken by the UPMSA for a period
not exceeding three years.
e) UPMSA, as the case may be, shall not debar an applicant under this
section unless such applicant has been given a reasonable opportunity
of being heard.

11. Penalty Clause

a) Absence of faculty (V.T) of more than 4 working days without


intimation or 7 working days with intimation:

Penalty of Rs 200 per calendar day w.e.f. day of absence should be


imposed on concern VTP (A copy of the leave application should be
sent to UPMSA through Principal in respective invoice).

b) Continued absence of trainer for more than 15 calendar days:

A show cause notice will be issued which needs to replied within 03 days.

c) UPMSA reserve the decision on laying appropriate penalties in such a case.

34
12. Other Terms

A trainer would normally be able to avail of school vacations as per


school calendar. In case Principal needs help on some day during the
schools vacations, trainer would need to full fill the same.

35
Annexure -7

Bid Security in the form of Demand Draft in favour of State Project Director Uttar
Pradesh Madhyamik Shiksha Abhiyan payable at Lucknow.

36
Annexure -8

Performance Security in the form of Demand Draft in favour of State Project


Director Uttar Pradesh Madhyamik Shiksha Abhiyan payable at Lucknow.

or

PROFORMA OF BID SECURITY BANK GUARANTEE

B.G. No. Dated

1. In consideration of you, Uttar Pradesh Madhyamik Shiksha Abhiyan,


Government of Uttar Pradesh, represented by State Project Director and having
its office at Uttar Pradesh Madhyamik Shiksha Abhiyan, 18, Park Road,
Lucknow-226001 (U.P.) , hereinafter referred to as "UPMSA", which
expression shall, unless repugnant to the context or meaning thereof include its
administrations, successors or assigns having agreed to receive the Bid of
________ [a Company registered under Provision of the Companies Act,
1956]and having its registered office at _________(thereinafter referred to as
the "Bidder" which expression shall unless it be repugnant to the subject or
context thereof include its/their executors administrators, successors and
assigns), for the IMPLEMENTATION OF REVISED CENTRALLY
SPONSORED VOCATIONAL EDUCATION IN SECANDORY SCHOOLS
OF UTTAR PRADESH for academic year 2017-18 (hereinafter referred to as
"the Project") pursuant to the RFP Document dated ______________ issue in
respect of the Project and other related documents (hereinafter collectively
referred to as "Bidding Documents"), we [Name of the Bank] having our
registered office at ______________ and one of its branches at _____________
(hereinafter referred to as the "Bank"), at the request of the Bidder, do hereby in
terms of Clause 1.11 of the RFP Document, irrevocably, unconditionally and
without reservation guarantee the due and faithful fulfilment and compliance of
the terms and conditions of the Biding Documents (including the RFP

37
Document) by the said Bidder and unconditionally and irrevocably undertake to
pay forthwith to the Authority an amount of Rs 20,00,000/- (Rupees Twenty
lakh only) as bid security (hereinafter referred to as the "Bid Security") as our
primary obligation without any demur, reservation, recourse, contest or protest
and without reference to the Bidder if the Bidder shall fail to fulfil or comply
with all or any of the terms and conditions contained in the said Bidding
Documents.

2. Any such written demand made by the Authority stating that the Bidder is in
default of the due and faithful fulfilment and compliance with the terms and
conditions contained in the Bidding Documents shall be final, conclusive and
binding on the Bank.

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and
payable under this Guarantee without any demur, reservation, recourse, contest
or protest and without any reference to the Bidder or any other person and
irrespective of whether the claim of the Authority is disputed by the Bidder or
not merely on the first demand from the Authority stating that the amount
claimed is due to the Authority by reason of failure of the Bidder to fulfil and
comply with the terms and conditions contained in the Bidding Documents
including failure of the said Bidder to keep its Bid open during the Bid validity
period as set-forth in the said Bidding Documents for any reason whatsoever.
Any such demand made on the Bank shall be conclusive as regards amount due
and payable by the Bank under this Guarantee. However, our liability under this
Guarantee shall be restricted to an amount not exceeding Rs. 20,00,000/-
(Rupees Twenty lakh only).

4. This Guarantee shall be irrevocable and retain in full force for a period of 365
(three hundred and sixty five) days from the Bid Due Date inclusive of a claim
period of 60 (Sixty) days from the bid due date or for such extended period as
may be mutually agreed between the authority and the Bidder, and agreed to by
the Bank, and shall continue to be enforceable till all amounts under this
Guarantee have been paid.

5. We, the bank , further agree that the Authority shall be the sole judge to decide as
to whether the Bidder is in default of due and faithful fulfillment and
38
compliance with the terms and conditions contained in the Bidding Documents
including, inter-alia, the failure of the Bidder to keep its Bid open during the Bid
validity period set forth in the said Bidding Documents, and the decision of the
Authority that the Bidder is in default as aforesaid shall be final and binding on
us, not withstanding any differences between the Authority and the Bidder or
any dispute pending before any Court, Tribunal, Arbitrator or any other
Authority.

6. The Guarantee shall not be affected by any change in the constitution or winding up
of the Bidder or the Bank or any absorption, merger or amalgamation of the
Bidder or the Bank with any other person.

7. In order to give full effect to this Guarantee, the Authority shall be entitled to treat
the Bank as the principal debtor. The Authority shall have the fullest liberty
without affecting in any way the liability of the Bank under this Guarantee from
time to time to vary any of the terms and conditions contained in the said
Bidding Documents or to extend time for submission of the Bids or the Bid
validity period or the period for conveying acceptance of Letter of Award by the
Bidder or the period for fulfilment and compliance with all or any of the terms
and conditions contained in the said Bidding Documents by the said Bidder or
to postpone for any time and from time to time any of the powers exercisable by
it against the said Bidder and either to enforce or forbear form enforcing any of
the terms and conditions contained in the said Bidding Documents or the
securities available to the Authority, and the Bank shall not be released from its
liability under these presents by any exercise by the Authority of the Liberty
with reference to the maters aforesaid or by reason of time being given to the
said Bidder or any other forbearance, act or omission on the part of the
Authority or any indulgence by the Authority to the said Bidder or by any
change in the constitution of the Authority or its absorption, merger or
amalgamation with any other person or any other matter or thing whatsoever
which under the law relating to sureties would but for this provision have the
effect of releasing the Bank from its such liability.

39
8. Any notice by way of request, demand or otherwise hereunder shall be
sufficiently given or made if addressed to the Bank and sent by registered mail
to the Bank at the address set forth herein.

9. We undertake to make the payment on receipt of your notice of claim on us


addressed to (name of Bank along with branch address) and delivered at our
above branch who shall be deemed to have been duly authorised to receive the
said notice of claim.

10. It shall not be necessary for the Authority to proceed against the said Bidder
before proceeding against the Bank and the guarantee herein contained shall be
enforceable against the Bank, notwithstanding any other security which the
Authority may have obtained from the said Bidder or any other person and
which shall, at the time when proceedings are taken against the Bank hereunder,
be outstanding or unrealised.

11. We the Bank, further undertake not to revoke this Guarantee during its currency
except with the previous express consent of the Authority in writing.

12. The Bank declares that it has power to issue this Guarantee and discharge the
obligations contemplated herein, the undersigned is duly authorised and has full
power to execute this Guarantee for and on behalf of the Bank.

Signed and delivered by ___________Bank

By the hand of Mr. / Ms___________its ______________and authorised Official.

(Signature of the Authorised Signatory)

(Official Seal)

40

You might also like