REQUEST FOR EMPANELMENT(RF

(RFE)
of

Industrial Houses as

Flexi Training Partners to

Train and Skill the Youth

For their

Industrial Needs

UP SKILL DEVELOPMENT MISSION

 DISCLAIMER

The information contained in this Request for Empanelment (RFE) document or

subsequently provided to Applicants, whether verbally or in documentary or any other form by
or on behalf of the Authority/Client or any of their employees or advisers, is provided to
Applicants on the terms and conditions set out in this RFE and such other terms and conditions
subject to which such information is provided. This RFE is not an agreement as the latter would
follow subsequently after the proposals are received, evaluated and approved by the
Client/Authority.

The purpose of this RFE is to provide interested parties with information that may be useful to
them in the formulation of their Proposals pursuant to thisRFE. This RFE includes statements,
which reflect various assumptions and assessments arrived at by the Authority/Client in relation
to the programme implementation. Such assumptions, assessments and statements do not
purport to contain all the information that each Applicant may require. The assumptions,
assessments, statements and information contained in this RFE may not be comprehensive and
conclusive. Information provided in this RFE to the Applicants is on a wide range of matters. The
information given is not an exhaustive account of statutory requirements and should not be
regarded as a complete or authoritative statement of law. The Authority/Client, its employees
and advisers make no representation or warranty and shall have no liability to any person
including any Applicant under any law, statute, rules or regulations or tort, principles of
restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may
arise from or be incurred or suffered on account of anything contained in this RFE. The
Authority/Client also accepts no liability of any nature whether resulting from negligence or
otherwise in this RFE. The Authority/Client may in its absolute discretion, but without being
under any obligation to do so, update,amend or supplement the information, assessment or
assumption contained in this RFE.

The issue of this RFE does not imply that the Authority/Client is bound to empanel all
theApplicant(s) or to empanel the Selected Applicants, as the case may be, for the
implementation of the programme and the Authority/Client reserves the right to reject all or
any of the Proposals without assigning any reasons whatsoever.
 1. Fact Sheet

On behalf of the Government of Uttar Pradesh, Uttar Pradesh Skill Development Mission (may be
referred as UPSDM or the client), here in invites applications from the reputed and established
industrial houses for partnering with the UPSDM as Flexi Training Partners for facilitating training
of youth in industry compliant trades and ensuring their placement in their own or subsidiary
establishments.

Particulars Details

Reference no. and 5438/UPSDM/Flexi RFE/2020-21 dated: July 31, 2020

date

RFE issued by: Uttar Pradesh Skill Development Mission

Mode of Proposal The RFE document may be downloaded from the UPSDM portal
Submission [Link] at no [Link] Number must be mentioned in
proposal.
The proposal has to be submitted physically at UPSDM Office.
Clarification All queries to be sent on [Link]@[Link]
regarding RFE
Last Date & Time A Continuous Empanelment Process unless withdrawn
of Submission of
proposal
Period for Within 10 days from the date of empanelment
furnishing
Performance
Security
Performance Performance Guarantee@ Rs.2.00 lac per district in the form of Demand
Security Value
Draft or Bank Guarantee issued in favour of Uttar Pradesh Skill Development
Mission, Lucknow and payable at Lucknow from any of the nationalized
Scheduled commercial Bank to be submitted in original at UPSDM Office at
Aliganj.

Performance 90 days beyond empanelment period. In case of bank guarantee the same
security validity would be required to be renewed every year.
period
Contact Person Shri Rajesh Kumar, Deputy Director, UPSDM
[Link]@[Link]
2. Uttar Pradesh Skill Development Mission (UPSDM)

2.1. Brief about UPSDM:

An offspring of the UP State Skill Development Policy 2013, the UPSDM is established as a
registered society under the Societies Registration Act, 1860. It is administratively controlled
by the Department of Vocational Education & Skill Development, Government of UP. The
UPSDM as a society came into formal existence in September, 2013.

The UPSDM is construed as a skilling initiative and strategic intervention to integrate and
converge all the skill training programmes under implementation by different departments
and in process align them on a standardized format with identical characteristics. The end
objective is to provide training to the youth of the State in various industry complaint
vocational trades and also arrange sustainable employment opportunities for them through
its empanelled training providers to enable them earn their livelihood.

The UPSDM is currently implementing 5 centrally sponsored schemes including 2 flagship

programmes viz DDU-GKY, PMKVY, BADP, SCA to SCSP. Apart from the above BoCW which is
completely a State sponsored skilling programme of the Department of Labour Government
of UP for the construction workers is also under its arch of activities. Another skill training
option is provided out of the State Skill Development Fund, which is primarily conceived as a
top up fund and usable for (i) addressing the complimentary funds requirements under
various schemes (ii) arranging training of youth and augment the availability of funds for skill
training. Another programme implemented by the Mission is a Government of India
sponsored and World Bank Funded SANKALP Project which is aimed to develop requisite
infrastructure and improvised adequate structural arrangements to facilitate improvement of
is skilling eco system of the State. The UPSDM is also designated as a nodal agency for
monitoring the CM YUVA Scheme which proposes facilitation of skilled youth to establish
their own enterprise.

Objectives of the Mission:

i. to assess Skill-deficit sectors in the State and meet those gaps by adopting region-specific
strategies.
ii. to orchestrate public and private sectors in a framework of collaboration action.
 iii. to re-position existing public sector infrastructure ITIs, Polytechnics and other Central or
State owned training centres to smoothen transition into PPP mode.
iv. to establish a trainee's placement and tracking system for effective evaluation and future
policy planning.
v. to ensure accreditation and evaluation of training programmes and improvise
performance measurement methodologies, rate institutions/training partners on
standardized outcomes, percentage of post course placement of trainees, their wage
differentials, retaining period, dropout ratio etc.
vi. to improvise on third party independent evaluation of the quality of training courses.
vii. to work on integrating soft skills training module with the core training syllabi to give
training content an added orientation of personality development.

Developing a research base is one of the critical activities of an organization in order to

prepare and plan the strategies for an efficient skilling ecosystem. UPSDM intends to conduct
studies to understand the geographical / sector wise skill requirements, understand the As-Is
situation on account of Supply side & Demand side aspects, Identify prevalent or potential gaps
in order to formulate strategy to plug the gaps and on various other subjects that can influence
and enable skilling ecosystem in Uttar Pradesh.

3. Instruction toBidders

3.1. General

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

3.2. Compliant Proposals / Completeness ofResponse

a) Bidders are advised to study all instructions, forms, terms, requirements and other
information in the RFE documents carefully. Submission of the bid shall be deemed to
have been done after careful study and examination of the RFE document with full
understanding of itsimplications.
b) Failure to comply with the requirements of this paragraph may render the Proposal non-
compliant and the Proposal may be rejected. Biddersmust:

i. Include all documentation specified in this RFE;

ii. Follow the format of this RFE and respond to each element in the order as set
out in this RFE
iii. Comply with all requirements as set out within this RFE.

3.3. Code ofintegrity

No official of a procuring entity or a bidder shall act in contravention of the codes

which includes
a. prohibitionof

i. making offer, solicitation or acceptance of bribe, reward or gift or any material

benefit, either directly or indirectly, in exchange for an unfair advantage in the
procurement process or to otherwise influence the procurementprocess.
ii. Any omission, or misrepresentation that may mislead or attempt to mislead so
that financial or other benefit may be obtained or an obligationavoided.
iii. any collusion, bid rigging or anticompetitive behavior that may impair the
transparency, fairness and the progress of the procurementprocess.
iv. improper use of information provided by the procuring entity to the bidder with
an intent to gain unfair advantage in the procurement process or for
personalgain.
 v. any financial or business transactions between the bidder and any official of the
procuring entity related to tender or execution process of contract; which can
affect the decision of the procuring entity directly orindirectly.
vi. any coercion or any threat to impair or harm, directly or indirectly, any party or

its property to influence the procurementprocess.

vii. obstruction of any investigation or auditing of a procurementprocess.

viii. making false declaration or providing false information for participation in a

tender process or to secure acontract;
b. disclosure of conflict ofinterest.

c. Disclosure by the bidder of any previous transgressions made in respect of the

provisions of sub-clause (a) with any entity in any country during the last three years
or of being debarred by any other procuringentity.
In case of any reported violations, the procuring entity, after giving a reasonable
opportunity of being heard, comes to the conclusion that a bidder or prospective bidder,
as the case may be, has contravened the code of integrity, may take appropriate
measures.

3.4. Instructions to the bidders

3.4.1. Right to Terminate the Process

a. Purchaser may terminate the RFE process at any time and without assigning any
reason. Purchaser makes no commitments, express or implied, that this process will
result in a business transaction with anyone.
b. This RFE does not constitute an offer by the Purchaser. The Bidder's participation in
this process may result Purchaser selecting the Bidder to engage towards execution
of the subsequent contract.

3.4.2. Submission ofProposals

Bidders should submit their responses, as per the format provided, physically
at UPSDM Office Location in single envelope. Generally, the items to be
submitted would include all the related documents mentioned in this RFE,
such as:
 o Pre-qualification response
o Additional certifications/documents Eg. Power of Attorney,
CA certificates on turnover, etc.
All the pages of the Proposal document must be sequentially numbered and
must contain the list of contents with page numbers. Any deficiency in the
documentation may result in the rejection of the Bidder’s Proposal.
The proposal shall be prepared in indelible ink. It shall contain no
interlineations or overwriting, except as necessary to correct errors made by
the Bidder itself. Any such corrections must be initialed by the person (or
persons) who sign(s) the proposals.
All pages of the bid including the duplicate copies, shall be initialed and
stamped by the person or persons who sign the bid.
In case of any discrepancy observed by Purchaser in the contents of the
submitted original paper bid documents with respective copies, the
information furnished on original paper bid document will prevail over
others.

3.4.3. Bidder’s authorisedsignatory

A Proposal should be accompanied by an appropriate board resolution or power of

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

3.5. Preparation and submission of Proposals

3.5.1. Proposal preparation costs

The Bidder shall be responsible for all costs incurred in connection with participation
in the RFE process, including, but not limited to, costs incurred in conduct of
informative and other diligence activities, participation in
 meetings/discussions/presentations, preparation of proposal, in providing any
additional information required by Purchaser to facilitate the evaluation process, and
in negotiating a definitive contract or all such activities related to the bid process.
Purchaser will in no event be responsible or liable for those costs, regardless of the
conduct or outcome of the bidding process.

3.5.2. Language

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

3.5.3. Deviations

The Bidder may provide deviation to the contents of the RFE document in the format
prescribed.
The Committee would evaluate and classify them as “material deviation” or “non
material deviation“.
The Bidders would be informed in writing on the committee’s decision on the
deviation, prior to the announcement of technical scores. The Bidders would not be
allowed to withdraw the deviations submitted without the prior consent of the
Purchaser.
In case of non-material deviations, the deviations would form a part of the proposal
& subsequent agreement.

3.6. Evaluationprocess

a. The Purchaser will constitute a committee to evaluate the proposals of the

agencies.
b. The Committee constituted by the UPSDM shall evaluate the responses to the

RFE and all supporting documents / documentary evidence. Inability of a

Bidder to submit requisite supporting documents / documentary evidence
within a reasonable time provided to it, may lead to the Bidder’s Proposal
 being declared not acceptable.
c. The Committee may ask for meetings with the Bidders to seek clarifications
on their proposals.
d. The Committee reserves the right to reject any or all Proposals on the basis of
any deviations if it is considered to be in contravention of the spirit of the RFE.
e. Each of the proposal shall be evaluated as per the criteria specified in this RFE.

3.6.1. Proposal evaluation

a. Scrutiny of the Proposal will be done to ensure that the latter complies with all
requisite terms and [Link] will be treated as non-responsive, if it is
found to havebeen:
• submitted in manner not conforming with the manner specified in the
RFEdocument

• submitted by the person without appropriate or power ofattorney

• contains subjective/incompleteinformation

• submitted without the documents mentioned in thechecklist

• non-compliant with any of the clauses of theRFE

b. All responsive Bids will be considered for further processing e.g. issuing letter of
acceptance and signing of MoU etc.

3.6.2. Selection Method:

a. All the Bids/ Application forms shall be scrutinized on the basis of information and
supporting documents submitted by the applicant under this RFE.
b. The applicants meeting all the eligibility criteria and other conditions as stated in
the RFE shall be considered for empanelment.
 4. Scope ofWork:

4.1. About Flexi Training Partner Scheme: An Initiative to attract industrial houses in Skill
Training Programmes implemented by UP Skill Development Mission

4.1.1. Prelude

Pursuant to the State Skill Development Policy 2013, the UP Skill Development Mission in
established under the aegis of the Department of Vocational Education and Skill Development,
Government of Uttar Pradesh. It aims to skill the youth of the State in the age cohort of 14-35
years in various employable vocational trades who dropout from the main stream of education
due to various compulsions and considerations and thus enabling them to earn their livelihood
by their skills and contributing meaningfully in the overall economic development of the State.

4.1.2. Uttar Pradesh Skill Development Mission: A Snapshot

The UP Skill Development Mission or the UPSDM is a Government owned society

registered under the Societies Registration Act 1860 and functions under the overall control and
supervision of the Department of Vocational Education and Skill Development, Government of
Uttar Pradesh. The UPSDM is currently engaged in implementing various Central and State
sponsored Skill Programmes viz Deen Dayal Upadhyay Grameen Kaushalay Yojana (DDU-GKY),
Pradhan Mantri Kaushal Vikas Yojana (PMKVY), Border Area Development Programme (BADP),
Special Central Assistance to Scheduled Caste Sub Plan (SCA to SCSP), Building and Other
Construction Workers (BoCW) State Skill Development Fund (SSDF). Apart from the aforesaid
schemes, the UP Skill Development Mission is implementing the World Bank Funded SANKALP
(Skill Acquisition and Knowledge Awareness for Livelihood Promotion Project) and is also
designated as a nodal agency for the CM YUVA (Chief Minister Yuva Udyamita Vikas Abhiyan).

The UP Skill Development Mission is implementing all the above schemes in a concerted
manner following an integrated approach and resting on Common Norms. The above approach
of the State for implementing various skill programmes in a holistic manner is appreciated and
acknowledged by the NITI Aayog also and is considered to be the State's innovation in the overall
skilling ecosystem.
4.1.3. Industrial Units and the Government: An integrated effort

The State Skill Development Policy, 2013 in addition to engaging Government Institutions
and Private bodies as Training Partners also envisages to involve reputed industrial units through
Flexible MoUs as Flexi Training Partners. Following the aforesaid provision of the Policy, the UP
Skill Development Mission has partnered with a host of leading industrial houses e.g. Raymond,
RSWM, Karvi Data Management System, VLCC, Midmark, UP Hotels etc. As many as 29 industrial
units are currently associated with the UPSDM through the flexible MoU for skilling the youth of
the State as per their expertise and requirements.

4.1.4. Conceptual Insight

It is a matter of common observance that non availability of skilled manpower while

adversely impacts upon the production and performance of industrial units on one hand, the
trained manpower of the State on the other hand long for adequate opportunities for jobs and
employment. The UPSDM has attempted to address the above twin issues through the concept
of flexi MoUs to be signed with industrial houses. Under the scheme the industrial units are
offered opportunities to train the youth as per requirement of the units from the State funds and
in turn augment their production capacity and increase their efficiency on one hand while the
trainees of the State are facilitated to have on-floor experience in real work situations during
their training on the other. Besides the trainees also get opportunities for immediate and gainful
absorption after training in the industries.

This approach may be regarded as a WIN-WIN sequence both for industries and the
trainees at the same time. It may be seen as ''Train and Gain Model'' also.

4.1.5. Eligibility Criteria

All the industrial units operating in the private sector and registered under the Indian
Companies Act, 1956 as amended in 2013 or their subsidiaries or Trusts established by the
Parent Organizations are eligible to apply for Flexible MoU.

However, in case of industrial units concerning manufacturing sector the minimum

turnover of Rs. 100 crs. in last three consecutive years is necessary. The above criterion is diluted
to Rs. 50 crs. in case of service sector units. In case of any subsidiary or Trust, the turnover of the
mother organization would be taken into consideration but the parent company would be
obligated to submit an undertaking for training and placement of the candidates.

4.1.6. Validity

The Flexible MoU would be signed between the UPSDM and the concerned organization
for an initial period of three years but would be extendable upto five years by mutual consent of
the both the executing parties.

4.1.7. Procedure

The industrial establishments who wish to be associated with the UPSDM as flexi training
partner may submit their application to the Mission Director, UP Skill Development Mission. The
process for empanelment continues without any end date. The interested industrial units may
apply on the prescribed form appended herewith any time.

4.1.8. Course Modules

The Flexi Training Partners may opt for providing training to the candidates in the trades
of their choice and requirement but the preferred courses must be in the list of NSQF compliant
courses approved and notified by the NSDC, Ministry of Skill Development, and Government of
India. The flexi training partners would be required to follow the course curriculum prescribed by
the above ministry for the particular trade.
After completion of the training, the candidates would be assessed by the concerned
sector skill councils, who would be paid directly by the Mission towards assessment charges.

4.1.9. Mandatory Requisites

• The flexi training partner would be required to ensure placement of at least 80% of the
successfully assessed candidates. The flexi partner would preferably offer jobs to the
candidates in its own or its subsidiary establishments. However, 25% of the successful
candidates may be placed in other organizations also. Nevertheless, if the placement
percentage of the candidates in other organizations is proposed to be more than 25%, the
 concerned flexi training partner would be required to submit commitment letters from the
organizations, where it manages to place the candidates in.
• In case the flexi training partners provides placement of more than 80% of the successful
candidates, they would be eligible for additional incentive as provisioned in the Common
Norms.
• The flexi training provider would be required to provide training only in NSQF compliant
courses. Flexi training partners would train at least 500 candidates in each year of the
agreement.
• If flexi training partners arrange training or establish their training centre in any government
building, the latter would be required to be developed and renovated by the concerned
training provider as per the prescribed standards and the cost of renovating the building,
which would be not less than Rs. 10 lac would be borne by the concerned flexi training
provider.
• If flexi training partners hire any government building viz ITI, Polytechnic etc. for establishing
their training centre, the owner of the premise would be paid 20% of the total cost of the
training and the rest 80% amount would be credited in favour of the concerned training
partner.
• The flexi training partners would be required to establish the training centres as per the
prescribed norms by the UPSDM which primarily are concerned with for having quality
classrooms, a reception hall, laboratories, toilets and display boards etc. The flexi training
partners are supposed endeavour to develop their training centres as model training centres
in all respects.

4.1.10. Priorities and Facilities

• Priority would be accorded to the flexi training partners in allotment of targets.

• The flexi training partners would be allowed to train the candidates as per the courses of their
preference and no modification in them would be affected by the UPSDM without consulting
the flexi training partner.
• The UPSDM would pay the boarding and lodging cost for the candidates as per common norms,
if flexi training partners propose to run residential training programmes.
• Flexi training partners would be permitted to extend residential facilities to the candidates of
all classes and categories within a radius of 30 KMs. of their training centres.
• The flexi training partners showing demonstrable performance with appreciable results would
be duly facilitated by the Mission in various events/ at various platforms.

4.1.11. Payment Terms

The payment would be computed according to the category and duration of course as
elaborated in the common norms. The training cost would be in multiplication of the number of
successful candidates. The 80% of the training cost would be paid after the assessment of the
candidates while the remaining 20% cost would be payable after placing at least 80% of the
candidates in jobs and submitting salary slips of them for three consecutive months.

During course of training, all the trainees would be provided two sets of uniform and the
cost for uniform @ Rs. 1000 per candidate would be paid extra to the training partner.

4.1.12. Conclusion

Initiative of the State Government for offering engagement to the industries is hailed by the
Government of India also. The NSDC and the Ministry of Skill Development and
Entrepreneurship, Government of India in consultation with the fora of industrialists has
developed different course modules for different job roles concerning various sectors through
the Sector Skill Councils and the same are applicable across the country. Similarly the
assessments process has also been standardized and streamlined. The Sector Skill Councils
accredited by the Government of India have been made responsible for assessing the candidates
to add sanctity and fairness to the assessment process. In order to further expand the ambit of
skilling, the Government of Uttar Pradesh has improvised the flexi training partner model which
facilitates the industries to train the youth of the State to meet their requirements and improve
their performance without any investment in their training.
The youth trained by the industries through their own faculty as per their own
requirements would turn into ready to perform work force immediately after they finish their
training and get assessed. In the flexi training partner Model, the industries would not be taxed
to invest any cost in training and acclimatization of the skilled workforce.
In nutshell the flexi training partner scheme conceptualizes the idea for meeting business
requirements together with the social responsibilities. The UPSDM invites all the industrial units
to participate and cooperate with it under flexi training partner model to develop the industries
together with skilling the youth. The Mission believes that both together may write a new legend
and create a new history inpursuit of skilling the State.

5. Eligibility Criteria:

All the industrial units operating in the private sector and registered under the Indian
Companies Act, 1956 as amended in 2013 or their subsidiaries or Trusts established by the
Parent Organizations are eligible to apply for Flexible MoU.
However, in case of industrial units concerning manufacturing sector the minimum
turnover of Rs. 100 crs. in last three consecutive years is necessary. The above criterion is diluted
to Rs. 50 crs. in case of service sector units. In case of any subsidiary or Trust, the turnover of the
mother organization would be taken into consideration but the parent company would be
obligated to submit an undertaking for training and placement of the candidates.

6. Evaluation of Proposals

The proposals will be evaluated for determining the eligibility of the firm/agency/organization
for Project and compliance of the bids with the necessary eligibility requirements and scope of
work of this tender.

UPSDM may seek specific clarifications from any or all the firm/agency/organization(s) at this
stage. All the clarifications received within the stipulated time shall be considered for evaluation.
In case satisfactory clarifications are not received from the firm/agency/organization within the
stipulated time, the respective eligibility parameters would be treated as non-compliant and
decision to qualify the bidder shall be accordingly taken by UPSDM.
 7. Empanelment Process

7.1. The proposal evaluated acceptable would be putup for approval before the State Steering
Committee headed by the Chief Secretary, Government of Uttar Pradesh. After approval of
the aforesaid committee, the concerned proposal would be considered worth for
empanelment and the process for the signing the MoU with the concerned organization
would follow.

7.2. Validity of Empanelment

The Flexible MoU would be signed between the UPSDM and the concerned organization for an
initial period of three years but would be extendable upto five years by mutual consent of the
both the executing parties.

The empaneled agency is expected to maintain high level of professional ethics and will
not act in any manner, which is detrimental to UPSDM's interest. Agency will maintain
confidentiality on matters disclosed till proper instruction is issued for publication.
The UPSDM will de-empanel the organization if the latter is found to be engaged in
corrupt, fraudulent, coercive or collusive unfair trade practices. These terms are defined
as follows:
o "Corrupt practice" means the offering, giving, receiving or soliciting of anything of
value to influence the action of UPSDM or any personnel in contract executions.
o "Fraudulent practice" means a misrepresentation of facts, in order to influence a
procurement process or the execution of a contract, to UPSDM, and includes collusive
practice among applicants designed to establish proposal prices at artificially high or
non-competitive levels and to deprive UPSDM of the benefits of free and open
competition.
o “Unfair trade practices” means supply of services different from what is ordered on,
or change in the Scope of Work which was agreed to.
o ”Coercive practices” means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the execution of contract.
o “Collusive practices” means a scheme or arrangement between two or more
applicants with or without the knowledge of the UPSDM, designed to establish prices
at artificial, non-competitive levels; UPSDM will reject an application for award, if it
determines that the applicant recommended for award has, directly or through an
agent, engaged in corrupt, fraudulent, unfair trade, coercive or collusive practices in
competing for the contract in question.
Applicable Law would mean the laws and any other instruments having the force of
law in India as they may be issued and in force from time to time.
All legal disputes between the parties shall be subject to the jurisdiction of the Courts
situated in Lucknow only.
The assessment material used by the agencies shall be in accordance with the
guidelines laid down by UPSDM from time to time.
The applicants will indemnify UPSDM against any misuse of Brand Name and Logo.
For any misuse of Brand name and logo, the applicant themselves will be held
responsible. UPSDM will take necessary legal actions for such cases.
UPSDM will not be responsible for any miscommunication or harm caused to any
party because of any misrepresentation of its name and logo by the applicant.
Without prejudice to any other right or remedy it may have, either party may
terminate the empanelment at any time by giving one month advance notice in
writing to the other party.
UPSDM reserves the right to suspend or withdraw or terminate empanelment of the
organization in case ofany of following circumstances:
o Applicant becomes insolvent, bankrupt, resolution is passed for the winding up of
the applicant's organization
o Information provided to UPSDM is found to be incorrect;
o Empanelment conditions are not met within the specified time period;
o Misleading claims about the empanelment status are made;
o Clear evidence is received that there is breach of copyright;
If the agency does not execute the contract/agreement to the satisfaction of the
UPSDM, the UPSDM may invoke any or all of the following clauses.
o Forfeiture of the Performance Bank Guarantee
o Termination of the contract/agreement.
 All decisions taken by the UPSDM regarding empanelment shall be final and binding
on all concerned parties.
The Agency is responsible for and obliged to conduct all activities as defined in the
scope of work in accordance with the Agreement.
The Agency would be obliged to work closely with the UPSDM and be abided by the
directives issued by the UPSDM time to time concerning implementation of the
programmes.
The Agency would be responsible for managing the activities of its personnel and will
hold itself responsible for any misdemeanor.
The Agency will treat as confidential all data and information about the UPSDM and
assigned projects, obtained in the execution of his responsibilities, in strict confidence
and will not reveal such information to any other party without the prior written
approval of the UPSDM.

8. Force Majeure

Force Majeure is herein defined as any cause, which is beyond the control of the selected
firm/agency/organization or UPSDM as the case may be which they could not foresee or with
a reasonable amount of diligence could not have foreseen and which substantially affect the
performance of the empanelment, such as:

● Natural phenomenon, including but not limited to floods, droughts, earthquakes and
epidemics.

● Acts of any government, including but not limited to war, declared or undeclared
priorities, quarantines and embargos

The bidder or UPSDM shall not be liable for delay in performing his/her obligations resulting
from any force majeure cause as referred to and/or defined above. Any delay beyond 30
days shall lead to termination of empanelment by parties and all obligations expressed
quantitatively shall be calculated as on date of termination. Notwithstanding this, provisions
relating to indemnity, confidentiality survive termination of the empanelment.
 9. Arbitration

In case any dispute arises between the Parties, both the parties will first try to resolve the
issue mutually. If the dispute is not resolved amicably to the satisfaction of both the parties,
the aggrieved party may give a notice for arbitration within 10 days of the failure of
negotiations. Arbitration shall be held in Lucknow and conducted in accordance with the
provisions of Indian Arbitration and Conciliation Act, 1996 or any statutory modification or
re-enactment thereof. Principle Secretary, Vocational Education and Skill Development, Govt.
UP or his/her nominee shall act as sole arbitrator and the award given by him/her would be
binding upon both the parties.

10. Limitation of Liability

The Agency liability under this Agreement and /or its modifications shall be determined as per
the Law in force for the time being. The Agency shall be liable to UPSDM for loss or damage
occurred or caused or likely to occur on account of any act of omission on the part of the agency
and its employees, including loss caused to UPSDM on account of any deficiency in services on
the part of agency. However, such liability of agency shall not exceed value of submitted PBG
except in cases where limitations on liability clause are arising because of reasons of death or
personal injury, fraud or gross negligence.

11. Conflict of Interest

The proposer shall not have any conflict of interest with the objectives and processes of the
UPSDM. Any proposal found to have a Conflict of Interest shall not be considered.

12. Termination of Empanelment

UPSDM may, terminate this empanelment in whole or in part by giving the agency indicating its
intention to terminate the empanelment under the following circumstances:

a) Termination for Default

UPSDM may, without prejudice to any other remedy under this empanelment and applicable
law, reserves the right to terminate for breach of empanelment by providing a written notice
of one month stating the reason for default. The termination or de-empanelment may be
caused by any of the following reasons:-

i. If the agency fails to deliver any or all of the project requirements / operationalization /
go-live of project within the time frame specified in the empanelment; or

ii. If the agency fails to perform any other obligation(s) under the empanelment; or
iii. If during or at any stage of the currency of the agreement a comes to the notice of the
UPSDM and proves to be factual that the agency has sublet the training or resorted to
franchise model. Such a case would merit for immediate de-empanelment or termination of
the agreement.

iv. If there is a breach of representations & obligations

Prior to providing a notice of termination to the agency, UPSDM shall provide the agency
with a written notice of 30 days instructing the agency to cure any breach/ default of the
empanelment, if UPSDM is of the view that the breach may be rectified.

On failure of the agency to rectify such breach within 30 days, UPSDM may terminate the
empanelment by providing a written notice of three months to the agency, provided that
such termination will not prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to UPSDM. In such event, the agency shall be liable for
penalty/liquidated damages imposed by the UPSDM. The performance Guarantee shall be
forfeited by the UPSDM

b) Termination for Convenience

UPSDM may in its own discretion, by provision of a written notice sent to the agency,
terminate the empanelment, either in whole or in part at any time for its convenience. The
notice of termination shall specify that termination is for UPSDM convenience, the extent to
which performance of work under the empanelment is terminated, and the date upon which
such termination becomes effective. Subsequently, the pending dues and the payments up
to the date of termination will be settled accordingly after deduction of applicable taxes and
liquidated damages if any.
c) Consequences of Termination

In the event of termination of the agreement both the parties would earnestly endeavor to
meet their obligations charged on them till the date of de-empanelment.

d) Post termination rights and obligations of vendor

All reports and documents prepared and gathered by the bidder or provided by the UPSDM
in connection with the discharge of responsibilities detailed in the MoU for implementation
of the schemes would become property of the UPSDM and the bidder would hand them over
to the Mission before exit.
 Uttar Pradesh Skill Development Mission
DEPARTMENT OF VOCATIONAL EDUCATION AND SKILL DEVELOPMENT
Application Form for Flexi Training Partner

Section 1: Applicant Details Date:

Name of Applicant Entity

Type of Entity
PAN No.
TIN No.
Date of Registration of applicant as legal entity
Registration No.
Registered Address
PIN Code
Contact No.
Section 2: Financial Details of Applicant (Last three audited financial years) (Rs in crores)

Sl. No. Financial Year Annual Turnover Annual Net worth

I 2019-20
II 2018-19
III 2017-18

Section 3: Training Experience of Applicant in Skill Development

[Link]. Project Name Year of Total Target Total Trained Total

Completion Candidates Candidate
absorbed in
company

Section 4: Details of Core Business Activities

Section 5: Choice of Courses: (NSQF Compliant/QP-NOS courses only)
Course List available on [Link]**

Course
QP- NOS Category
Sr. No. Sector Course title duration in
Code ofthe Course
hours

Section 6: District-wise year-wise Training & Placement Targets

Minimum placement to be achieved by Flexi-MoU training partner is 80% this can be achieved by
captive placement or placement in other companies in relevant sector.
Financial Proposed Proposed Proposed Placement Placement
year District for Place/Centre Investment Proposed Target Targets
Training Of Training. in the Training (within the (in other
(Government/ Centre of Targets Applicant companies)
Private) training Entity)
2020-21
2021-22
2022-23

Section 7: Type of Training

Sr. No. Type Yes/No

1 Residential

Section 8: Scanned documents attached in support of Application

Annexure No. Point for which document is attached Remarks
1 Registration Certificate as Legal Entity
2 CA Certificate for balance sheet / turnover
3 Letter supporting placement of candidate (Captive or other)
4 If any Other
Declaration
I certify that I am the authorized person to file the application on behalf of the applicant and
also certify that the information furnished above is complete in all respect to the best of my
knowledge. In case any information in the application is found to be false or incorrect, then the
application may deemed to be cancelled without any opportunity of being heard by the Central
/ State Government (as the case may be), and the applicant and myself shall be liable for
any panel action for misrepresentation of facts to the Government which tantamount to be
fraud.

Name and Designation of the Signatory

Place:
Date:

Please Note:
1. If the applicant organization is subsidiary please submit parent organization financial papers along with
subsidiary company papers.
2. In case the applicant is subsidiary organization or trust the placement commitment is to be provided by the
parent organization.
3. The hard copy of application for shall be signed and stamped on every page by the authorized
Person.